Municipal Law Laws w/c enforce pub order & regulate the social & comml life of the

e country Laws w/c regulate private rts of person & property Provides punishment of crimes Continuing in force even during a de facto govt until suspended or superseded by occupant 2. ELEMENTS OF THE STATE: PEOPLE Community of persons sufficient in no. & capable of maintaining the continue e!istence of the community & held together by a common "on of law Doesnt matter if they possess diverse racial, cultural or economic interests a. as in#a"itants A$t. %%% & '%LL OF (%)HTS Section *. o person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the e!ual protection of the laws. Section 2. "he right of the people to be secu$e in t#ei$ pe$sons+ #ouses+ pape$s+ an effects against unreasonable searches and sei#ures of whatever nature and for any purpose shall be inviolable, and no sea$c# wa$$ant o$ wa$$ant of a$$est shall issue e$cept upon probable cause to be determined personally by the ,u -e after e!amination under oath or affirmation of the complainant and the witnesses he may produce, and particularly esc$i"in- t#e place to be searched and the pe$sons or things to be sei#ed. A(T%CLE %% & .ECLA(AT%ON OF P(%NC%PLES AN. STATE POL%C%ES P(%NC%PLES Section */. "he %tate shall protect and promote the $i-#t to #ealt# of the people and instill #ealt# consciousness among them. Discussed further in &rt. '((( as an element of %ocial )ustice *secs. ++,+-. /ealth0 complete physical, mental & social well,being & not merely the absence of disease or infirmity. (ntegrated0 unified both public & private, western & traditional Comprehensive0 health promotion, disease prevention, education & planning. &ffordable0 1eneric Law. 2iased towards the underprivileged. Section *0. "he %tate shall protect and advance the right of the people to a "alance an #ealt#ful ecolo-y in accord with the $#yt#m an #a$mony of natu$e. Preserve healthy environment & enforce by police power ". as electo$s A(T%CLE 1%% & E2EC3T%1E .EPA(TMENT Section 4. "he President and the 3ice,President shall be electe "y i$ect 5ote of t#e people

A(T%CLE 21% & )ENE(AL P(O1%S%ONS Section 2. "he Congress may, by law, a opt a new name fo$ t#e count$y+ a national ant#em+ o$ a national seal , which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. %uch law shall ta4e effect only upon its $atification "y t#e people in a national $efe$en um. A(T%CLE 21%%% & T(ANS%TO(6 P(O1%S%ONS Section 2/. &fter the e$piration in +55+ of the &greement between the 6epublic of the Philippines and the 7nited %tates of &merica concerning military bases, fo$ei-n milita$y "ases+ t$oops+ o$ facilities s#all not "e allowe in the Philippines e$cept under a t$eaty uly concu$$e in by the Senate and, when the Congress so re!uires, $atifie "y a ma,o$ity of t#e 5otes cast by the people in a national referendum held for that purpose, and recogni#ed as a treaty by the other contracting %tate. c. as citi7ens A(T. %% Section *. "he Philippines is a democratic and republican %tate. So5e$ei-nty $esi es in t#e people an all -o5e$nment aut#o$ity emanates from them. Section 4. "he p$ime uty of t#e )o5e$nment is to se$5e an p$otect t#e people . "he 1overnment may call upon t#e people to efen the %tate and, in the fulfillment thereof, all citi#ens may be re!uired, under conditions provided by law, to $en e$ pe$sonal+ milita$y o$ ci5il se$5ice. A$t. %%%+ Section 8 . "he right of the people to info$mation on matte$s of pu"lic conce$n shall be recogni#ed. Access to official $eco$ s, and to ocuments and pape$s pertaining to official acts+ t$ansactions+ o$ ecisions, as well as to government research data used as basis for policy development, shall be afforded the citi#en, sub8ect to such limitations as may be provided by law. 9. ELEMENTS OF THE STATE: )O1E(NMENT (nstitution/aggregate of institutions by w/c an independent society ma4es & carries out those rules of a$n w/c are necessary to enable men to live in a social state or w/c are imposed upon people forming that society by those who possess power of authority of prescribing them. Sec. 2 :*; (e5ise A minist$ati5e Co e of *<*8: corporate governmental entity thru w/c functions of govt are e$ercised throughout the P(, various arms thru w/c political authority is made effective in said (slands whether centrali#ed, provincial or municipal branches or other form of local govt National efinition: three great depts. 9andated by Consti Local efinition: regl, provincial, city, municipality, barrio Doesnt include govt entities w/c are given a corporate personality separate & distinct from govt.: governed by corporation law
Mark Jayson D. Lanciso BSEd III-E Politics, Government w/ P ili!!ine "onstit#tion

%nte$national efinition: has legal personality & is internationally responsible for a$ns of other agencies & instrumentalities of the state Different from administration0 set of people currently running the institution 3.S. 5s. .O(( &lleged libelous editorial published in 9anila ;reedom issue of &pr. <, +5=>. "al4ed about ?rascally natives@ appointed to the Civil Commission, men who should actually be in 8ail. "heyre corrupt & have no personal character. (t called government arbitrary & mentioned rumors of graft. Petitioners allege that article is a scurrilous libel against 6P & 7% governments since it obstructs officials from e$ecuting their offices, instigate other to meet together for unlawful purposes, suggests rebellious conspiracies, stir up people against lawful authorities & disturbs safety & order of governments. Dorr, et.al were convicted based on %ec. A &ct o. >5> of Commission w/c states that anyone who circulates scurrilous libels against 7s or P( governments or those who will disturb or obstruct any lawful officer in e$ecuting his office, instigate others to meet for unlawful purposes, suggest/incite rebellious conspiracies or riots or stir up people against lawful authorities or disturb peace of community, safety & order of govt or conceal such practices shall be punished. %SS3E: BC the editorial is covered by &ct. o. >5> HEL.: C. &c!uitted. (AT%O: +. o appreciable tendency to effect allegations of petitioners. >. (t does not incite disloyalty or disobedience to the law as re!uisites for libel. -. ot scurrilous libel. (t doesnt possess people w/ill opinion of govt. %currilous libel should be in a wider sense0 blasphemous, obscene/seditious publications D. Bhat govt is pertained to by (nsular 1ovt of the Phil a. institution/aggregate of institutions by w/c an independent society ma4es & carries out those rules of a$n w/c are necessary to enable men to live in a social state or w/c are imposed upon people forming that society by those who possess the power/authority of prescribing them. (ts the aggregate that rules a society. b. Different from administration0 persons in whose hands the reins of govt are for the time being a. )o5e$nment of (P efine A minist$ati5e Co e of *<=8+ Sec. 2:*; & co$po$ate -o5e$nmental entity thru w/c functions of -o5>t a$e e!e$cise throughout the Phil., including, save as the contrary appears from the conte$t, the various arms through w/c political authority is made effective in the Phil. whether pertaining to the autonomous regions, provincial, city, municipal or barangay subdivisions & other forms of loc.gov. PEOPLE 5s. SAN.%)AN'A6AN 6espondents charged w/ 9alversation thru ;alsification of Public Documents for alleged misappropriation & conversion for personal use of P>E=,-+A,>==.== funds of &;P 6etirement & %eparation 2enefits %ystem. "hey filed motions to dismiss then reconsideration, all denied. "heir contention0 %andiganbayan has no 8urisdiction since

&;P,6%2% is a private entity. %andigan accepted this contention since govt doesnt provide counterpart contribution to the sys, its employees dont receive salary from govt and their remittances were made to %%% & not 1%(%. &lso, %andigan said that its funds are from contributions and not from appropriations as per PD -<+, %ec. >. *system to be funded by appropriations & contributions, donations, gift, legacies & be!uest & others, earnings e$empted from ta$. %SS3ES?(AT%O: +. BC a certiorari is the proper remedy. FG%. &pplicable for appeal of 8udgment or final order or resolution of C& or %andigan *6CP, 6ule DE.. &lso, there should be no other remedy available when certioraris invo4ed *6oC, 6ule <E.. 6ule may be rela$ed if issue is of public interest or in cases of urgency. >. Bhether &;P,6%2% is a govt,owned/controlled corp or a private corp. ;C69G6 %andigan findings are usually binding on %C e$cept if its based on speculation, surmise, con8ectures, inference made is manifestly mista4en, grave abuse of discretion, misapprehension of facts & findings lac4 evidence or contradicted by another evidence. "his is one of those instances. &;P,6%2% was created by PD -<+ whose purpose & functions are similar to 1%(% & %%%. &;P & P P members are really e$cluded from 1%(% coverage, we only have &;P,6%2% to handle such matters. (ts character & operations are imbued w/ pub interest, thus its a govt entity. -. BC its funds are public or private. FG% "hough there have been no appropriations yet, it is not prohibited from getting such. *see ;acts.. (ts funds are of public nature. HEL.: Petition grante, %andigan annulled & set aside. ". Constituent @ Minist$ant Functions of )o5>t CONST%T3ENT?)O1E(NMENTAL compulsory functions w/c constitute the very bonds of society e$. 4eeping order, protection of people against violence & robbery, fi$ing legal family relations, properties, contract rights, punishment of crime, administration of 8ustice in civil cases, political duties, privileges & relations of citi#ens & foreign powers M%N%ST(ANT?P(OP(%ETA(6 optional: intended to achieve better life for community to be ta4en if priv capital wont do it or its better e!uipped to administer such pub welfare c. Pa$ens Pat$iae )O1E(NMENT OF THE P.%. 5s. MONTE .E P%E.A. Parens Patriae0 parental authority/guardian rt to enforce all charities of a public nature by virtue of its general superintending authority over pub. (nterests where no other person is entrusted w/it inherent in supreme power of ever state, whether lodged in a royalty or legislature & has no affinity to those arbitrary powers w/c are sometimes e$erted
Mark Jayson D. Lanciso BSEd III-E Politics, Government w/ P ili!!ine "onstit#tion

by irresponsible monarchs to the great detriment of the people & the destruction of their liberties. (ts a most beneficient function & often necessary to be e$ercised in interest of humanity & prevention of in8ury to those who cant protect themselves. "a4ing care of those who cant vindicate their rights & protection of sovereign authority CA'ANAS 5s. P%LAP%L %tate should ta4e up this role to accord priority to the best interest of minors who are part of suit of litigation. Parent should be preferred in deciding issues re children since its in consonance w/ tradition & Consti *"he %tate shall strengthen the family as a basic social institution... )ONAALES 5s. MA(COS Presidents authority to implement for the benefit of the ;ilipino people such as creating CCP Duty of caring for governmental property w/c is neither 8udicial nor legislative thus e$ecutive.

. .e Bu$e @ .e Facto )o5e$nments basis of legitimacy De ;acto0 all acts & proceedings of legislative, e$ecutive & 8udicial departments are good & valid. Hinds *Co Him Chan vs. 3alde# "an Heh.0 +. -o5>t that gets possession & control of or usurps by force or by voice the ma8ority, the rightful legal govt & maintains itself against the will of the latter >. established & maintained by milita$y fo$ces who invade & occupy a territory of the enemy in the course of war & w/c is denominated a govt of paramount force -. established as an independent govt by the in#a"itants of a country who rise in insurrection against parent state De )ure0 legitimate CO C%M CHAN 5s. 1AL.EA TAN CEH DG ;&C"C 1C3G6 9G " &nother type0 government de facto0 +. maintained by active military power, >. should be obeyed in civil matters by priv. Citi#ens. Cccupant has responsibility to maintain pub order & safety 4. ELEMENTS OF THE STATE: SO1E(E%)NT6 Capacity to conduct international relations w/ corresponding political, technical & financial capabilities to do so. %ource of the ultimate legal authority. Legal sovereignty0 power to adapt/alter the constitution or supreme power to ma4e laws vs. Political sovereignty0 sum total of all the influences in a state, legal & non,legal w/c determine the course of law

6esides in the people *those who have direct hand in the formulation, adoption, & amendment/alteration of the Consti. but not always directly e$ercised. (ts delegated to the govt & to people in whose hand governmental powers temporarily reside 1ovt officials have authority given them & defined by law w/c only continues w/consent of the people. *67LG C; L&B0 govt of laws & not of men. &re the D elements prere!uisites for a state or is recognition sufficientI Pol. decision +. Constitutive theory J recognition constitutes a state & it confers legal personality on the entity >. Declaratory theory J recognition is merely regulatory & being a state depends upon possession of re!uired elements. *favored authoritatively. A$t. 21%+ Sec. 9 "he %tate may not be sued without its consent. *sovereign immunity. Dates bac4 to the ?Hing could not be sued w/o his consent@ rule. Hing counterpart today0 legislature. 7% ++th amendment0 7% cant be sued in law or e!uity by any citi#en. +5K- Consti0 first appearance of this provision. %antos vs. %antos0 %tate can do no wrong, which actually meant that %tate must not & was not allowed to do wrong. /olmes0 e$emption is not because of any formal conception or obsolete theory but on logical & practical ground that there can be no legal rt.as against the authority that ma4es law on w/c the rt.depends. *for single sovereign clothed w/ full sovereign authority. 6epublican state0 coursed thru any one of its organs none of whom e$ercises full sovereign authority. 9etran vs. Paredes0 6P has a representative govt & as such, people have surrendered some of their priv.rts. & interests w/c may conflict w/higher rts. & larger interests of the people as a whole represented by govt. e$. Cf a higher rt0 govt immunity. (f govt can be sued, it would be tantamount to the people attempting to sue themselves along w/the rest of the people represented by the common govt. &nomalous & absurd. Providence Bashington (nsurance Co. vs. 6P0 propensity of people to go to court at the least provocation, loss of time & energy to defend against law suits w/o such basic principle as an effective obstacle, could very well be imagined. 9ay be waived by legislature through e$press consent or implied consent. (mplied consent e$. when %tate enters into contracts wherein %tate is reduced to the level of a citi#en & consent is implied by entering into contract or when %tate sues a private party who has right to file a counterclaim. a. D#en a suit is a-ainst t#e State &gainst the 6epublic of the Philippines &gainst unincorporated govt agency0 has no 8uridical personality, suit is against agencys principal thus determine BC principal gave consent &gainst government owned corp0 not against the state because its a 8uridical person distinct from the state. 2ut if it was established to perform govtal
Mark Jayson D. Lanciso BSEd III-E Politics, Government w/ P ili!!ine "onstit#tion

functions, it shares %tates immunity, thus we need to determine BC theres consent &gainst an officer of the state0 Determine if liability will fall on officer or govt.

". E!p$ess Consent :wai5in- $t.; %pecial Law0 private bill authori#ing a named individual to bring suit on specified claim 1eneral Law0 authori#es any person who meets conditions stated in the law to sue the govt in accordance w/procedure specified in the law. G$. Consti &rt. (',& %ec. K0 unless otherwise provided by Consti or by law, any decision, order or ruling o each Commission may be brought to the %C on certiorari by aggrieved party w/in -= days from receipt of a copy thereof. i. Money Claims a$isin- f$om cont$act ii. To$ts committe "y special a-ents CC A$t. 2*=E. "he obligation imposed by &rticle >+K< is eman a"le not only fo$ oneFs own acts o$ omissions+ "ut also fo$ t#ose of pe$sons fo$ w#om one is $esponsi"le. "he father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their company. 1uardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company. "he owners and managers of an establishment or enterprise are li4ewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions. Gmployers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tas4s, even though the former are not engaged in any business or industry. T#e State is $esponsi"le in liGe manne$ w#en it acts t#$ou-# a special a-entH "ut not w#en t#e ama-e #as "een cause "y t#e official to w#om t#e tasG one p$ope$ly pe$tains+ in w#ic# case w#at is p$o5i e in A$ticle 2*80 s#all "e applica"le. Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody. "he responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage. *+5=-a.
Mark Jayson D. Lanciso BSEd III-E Politics, Government w/ P ili!!ine "onstit#tion