AIDS TO MEMORY POL. LAW1 1.

Political law- is that the branch of public law which deals with organiz ation and operations of the governmental organs of the State and defines the rel ations of the State with the inhab. 2. Constitution- is the basic and paramount law to which all other laws mus t conform and to which all persons , including the highest officials of the lan d must defer. No act shall be valid, however noble its intentions, if it confli cts with the Constitution. The Constitution must ever remain supreme. 3. State- a community of persons, more or less numerously, permanently occu pying a fixed territory, and possessed of an independent government organized fo r political ends to which the great body of inhabitants render habitual obedienc e. 4. Nation- indicates a relation of birth or origin and implies a common rac e, usually characterized by community of language and customs. ( The State is a legal concept, while the nation is only a racial or ethnic concept) 5. Government- The government is only an element of The State. The State is the principal, the government its agent. The government is an agency or instrum entality which the will of the State is formulated, expressed, and realized. 6. Essential elements of a State a. People- inhabitants of a State They must be numerous enough to be self-sufficing and to defend themselv es and small enough to be easily administered and sustained They must come from both sexes to be able to perpetuate themselves b. Territory- is the fixed portion of the surface of the earth inhabited by the people of the State. It must neither be too big as to be difficult to administer and defend n or too small to be unable to provide for the needs of the population Components of Territory 1. Terrestrial domain- land mass 2. Maritime and fluvial domain- inland and external waters 3. Aerial domain- air space above the land and waters National Territory 1. The national territory comprises the Philippine archipelago with all the islands and waters embraced therein, 2. And all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, includi ng its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas, the waters around, between and connecting the islands of the a rchipelago, regardless of their breadth and dimensions form part of the internal waters of the Philippines. c. Government distinguished form State the State is an ideal person , invisible, intangible immutable and existing only in contemplation of law; the government is an agent and, within the sphere of its agency, it is a perfect representative, but outside of that it is a lawless usu rpation. Functions: Constitution functions constitute the very bonds of society and are therefore co mpulsory Ministrant functions are those undertaken to advance the general interest of soc iety. Parens Patriae- guardian of the rights of the people Administration- is the group of persons in whose hands reins of government are f or the time being. Administration is transitional whereas the government is per manent. Sovereignty- is the supreme and uncontrollable power inherent in a State by whic h that State is governed

Kinds: Legal sovereignty-is the supreme and uncontrollable power inherent in a state by which that state is governed. Political sovereignty is the sum of the influence that operate upon the legal so vereign. Types: Internal-power of the state to control its domestic affairs. External-power of the state to direct its relations with other state.(also known as independence). Characteristics: Permanent Exclusive Comprehensive Indivisible Imprescriptible STATE OF IMMUNITY The state may not be sued without its consent.(Art.XVI,sec. 3). Positivist Theory: there can be no legal right as against the authority that mak es the laws on which the right depends. Sociological Theory: If the state is amenable to suits, all its time would be sp ent defending itself from suits and this would prevent from perfoming its other function. ACT OF STATE An act of state is an act done by the sovereign power of a country, or by its delegate,within the limits of the power vested in him. An act of state cannot b e questioned or made the subject of legal proceeding in a court of law. Basis of state immunity: -indiscriminate suits against the state will result in the impairment of its di gnity, besides being a challenge to its dignity, besides being a challenge to it s supposed infallibility. NON-SUABILITY of the STATE derives from: 1. CONSTITUTION 2. JURISPRUDENCE positivist & sociological theory WHEN a SUIT is against the STATE; and A suit is against the State, regardless of who is named as defendant, if it prod uces adverse consequence to the public treasury in terms of disbursement of publ ic funds and loss of government property. WHEN IT IS NOT. 1. When the purpose of the suit is to compel an officer with the duty of ma king payments pursuant to an appointment to an appropriation made by law in favo r of the plaintiff to make such payment. 2. When from the allegations in the complaint, it is clear that the respond ent is a public officer sued in a private capacity. 3. When the action is not in personam with the government as the named defend ant, but an action in rem that does not name the government in particular. FORMS OF CONSENT A. EXPRESS CONSENT may be manifested either through a general law or a spec ial law. 1. Money claims arising from contracts, express or implied. 2. Quasi-delicts committed by special agents. 3. Incorporation of government owned or controlled corps. 4. Torts B. IMPLIED CONSENT is given when the State itself commences litigation of g overnment-owned or controlled. 1. When the government enters into business contracts

2. When it would be inequitable for the state to invoke its immunity, or wh en it takes private property for public use or purpose. 3. If the Government files or complaint, defendant may file a counteraction against it. 4. Special Agent-non- regular function 5. Contract- jure imperii (sovereign function) JURE GESTIONIS (PROPRIETARY) STATE OF IMMUNITY The state may not be sued without its consent. (ART XVI, Sec 3) POSITIVIST THEORY: There can be no legal right as against the authority that mak es the laws on which the right depends. SOCIOLOGICAL THEORY: If the State is amenable to suits, all its time would be sp ent defending itself from suits and this would prevent from performing its other functions. 7. Purpose of the Preamble 1. To introduce the Constitution 2. To indicate the author of the Constitution 3. To enumerate the primary aims and expresses the aspiration of the framer s in drafting the Constitution 4. Aid in the construction and interpretation of the text of the Constituti on 8. Republicanism. Sec. 1 of Art. II The Philippines is a democratic and republican state. Sovereignty resides in the people and government authority emanates from them. CHAPTER V REPUBLICANISM Sec I of Article II provide The Philippine is a democratic and repu blican state, Sovereignty resides in the people and all government authority ema nates from them. -A republican government is a responsible government whose officials hold and d ischarge their positions as a public trust and shall ,according to the constitut ion, at all times be accountable to the people they are sworn to serve. THE DEFENSE OF THE STATE Sec.4: The prime duty of the, Government is to serve and protect the people. Th e Government may call upon you the people to defend the state, and, in the fulfi llment there of , all citizens may be required, under condition provided by law, to render military or civil service. Art.XVI sec.4: The armed forces of the Philippines shall be composed of citizen armed force which shall undergo training and serve, as may be provided by law. Peace and Order Sec.5: The maintenance of peace and order, the protection of life, liberty and p roperty, and the promotion of the general welfare are essential for the enjoymen t by all the people of the blessing of democracy. Incorporation Clause Sec.2: The Phil., renounces war as an instrument of national policy, adopts the generally accepted international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation amity with all nations. Sec.7: The State shall pursue an independent foreign policy. In its relations wit h other States, the paramount consideration shall be national sovereignty, terri torial integrity, national interest and the right to self-determination. Sec.8: The Phil., consistent with the national interest, adopts and pursues a po licy of freedom from nuclear weapons in its territory. Rearing of the Youth Sec.12: The State recognizes the sanctity of family life and shall protect and st rengthen the family as a basic autonomous social institution. It shall equally p rotect the life of the mother, and the life of the inborn from conception. The n atural and primary rights and duty of parents in rearing the youth for civic eff iciency and the development of moral character shall receive the aid and support of the Govt. defend the right of the children to assistance and special protecti on from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development.

Sec.13: T he State recognizes the vital role of the youth in nation-building, and shall promote and protect their physical, moral, spiritual, intellectual, and s ocial well-being. It shall inculcate in the youth patriotism and nationalism and encourage their involvement in public and civic affairs. Art.XIV Sec.1: requires The State to protect and promote the right of all citizen s to quality education at all levels and to take all appropriate steps to make eac h education accessible to all. Women Art. II Sec.14:The State shall recognize the role of women in nation-building and shall ensure the fundamental equality before the law of women and men Social Justice Sec.9: The State shall promote a just and dynamic social order that will ensure prosperity and independence of the nation and free the people from poverty throu gh policies that provide adequate social services, promote full employment, a ri sing standard of living and an improved quality of life for all. Sec.10: The State shall promote social justice in all phases of national develop ment. Sec.11: The State values the dignity of every human person and guarantees full r espect for human rights. Sec.18: The State affirms labor as a primary social economic force. It shall pro tect the rights of workers and promote their welfare. Sec.21: The State shall promote comprehensive rural development and agrarian ref orm. CLASSIC DEFINITION -Social Justice is neither communism, nor despotism, nor atomism, nor anarchy, b ut the humanization of laws and the equalization of social and economic forces b y the State so the justice in its rational and objectively conception may at lea st be approximated. -Social justice means the promotion of the welfare of all the people, the adapta tion by the Government of measures calculated to insure economic stability of al l the component elements of society through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, c onstitutionally, through the adoption of measures legally justifiable, or extraconstitutionally, through the exercise of powers underlying the existence of al l governments on the time-honored principle of salus populi est suprema lex. 2 Aspects of Freedom of Religion 1. Freedom to Believe (absolute) 2. Freedom to act on ones Beliefs (limited) Separation of Church & State Sec.6: the separation of Church and State shall be inviolable. Under the Bill of Rights: no law shall be made respecting the establishment of re ligion or pholisbiting the free exercise thereof. Economy Art. XIII Sec.19: the State shall develop a self-reliant and independent nationa l economy effectively controlled by Filipinos. Supremacy of Civilian Authority Sec.3: Civilian authority is, at all times, supreme over the military. The AFP i s the protector of the people and the State. Its goal is to secure the sovereign ty of the State and the integrity of the national territory. Art. 7 Sec.18: The President, who is a civilian official, shall be the commander -in-chief of all the armed forces of the Phil., Local Autonomy Sec.25: The State shall ensure the autonomy of local government Sec.26: the State shall guarantee equal access to opportunities for public servi ce, and prohibit political dynasties as may be defined by law Separation of Powers 3 Major Departments of the Government: 1) Executive- application/implementation/execution of laws 2) Legislative- enactment/promulgation of laws 3) Judiciary- interpretation of laws

Justice Laurel, the doctrine is intended to secure action, to forestall overacti on, to prevent despotism, and to obtain efficiency Blending of Powers -collaborate with and check each other for the public good, Check Balances *One department is allowed to resist encroachments upon its prero gatives or to rectify mistakes or excesses committed by the other departments. Justiciable and Political Questions A purely justiciable question implies a given right legally demandable and enfor ceable, an act or omission violative of such right, and a remedy granted and san ctioned by law, for said breach of right. Political question is addressed to the wisdom or within the discretion of a part icular branch of the government involved Tanada v. Angara: The SC will only exercise its constitutional duty to determine whether or not there had been grave abuse of discretion amounting to lack on exc ess of jurisdiction Delegation of Power potestas delegata non delegari potest -based on the ethical principle that such delegated power is not only a right bu t a duty to be performed through the instrumentality of his own judgment and not by the intervening mind of another. Permissible Delegation 1. Tariff powers to the President- delegated by virtue of a law (limited) 2. Emergency powers to the President-subject to restrictions 3. To the people at large 4. Local governments 5. Administrative bodies Emergency Powers: Conditions 1. There must be war or national emergency 2. The delegation must be for a limited time only 3. The delegation must be subject to such restrictions as the Congress may prescribe 4. The EP must be exercised to carry out a national policy declared by the Congress Lifting of Emergency Powers 1. If there is no more emergency 2. Expirations of the period 3. Withdrawn by resolution- prescribed by law 4. Next adjournment of the legislative Delegation of the People 1. Plebiscite 2. Referendum Referendum- a method of submitting an important legislative measure to a direct vote of the whole people. Plebiscite- to questions submitted in the plebiscite are intended to work more p ermanent charges in the political structure, like a proposal to amend the Consti tution -decree of the people -device to obtain a direct popular vote on a matter of political importance Delegation to the Local Government 1. Power of eminent domain 2. Police power 3. Power taxation Test of Delegation 1. The Completeness Test- it must set forth therein the policy 2. The Sufficient Standard Test- limits of which are sufficiently determina te or determinable