Professional Documents
Culture Documents
ELECTION LAW
Doctrine of Statistical Improbability
ADMINISTRATIVE LAW
Doctrine of Res Judicata in Administrative Law
Doctrine of Prior Resort or Doctrine of Primary Administrative Jurisdiction
Doctrine of Exhaustion of Administrative Remedies
Doctrine of Finality of Administrative Action
Doctrine of Subordinate Legislation
Doctrine of Legislative Approval by Re-Enactment
Brandeis Doctrine of Assimilation of Facts
Doctrine of Qualified Political Agency or Alter Ego Doctrine
Political law and Public International law 2
Archipelago Doctrine
It emphasizes the unity of land and waters by defining an
archipelago either as a group of islands surrounded by waters or a body of
waters studded with islands. For this purpose, it requires that baselines
be drawn by connecting the appropriate points of the outermost islands to
encircle the islands within the archipelago. The waters on the land ward
side of the baselines regardless of their breadth or dimensions are internal
waters.
Doctrine of Augmentation
A prohibition against transfer of appropriations (see sec. 25, Art. VI
Constitution). However, the President; Senate President; Speaker of the
House; Chief Justice; and Heads of Constitutional Commissions may, by
law, be authorized to augment any item in the general appropriations law
for their respective offices from savings in other items of their respective
appropriations. (Garcia, Pre-Week Memory Aid, p.42)
Stewardship Doctrine
Private property is supposed to be held by the individual only as a
trustee for the people who are its real owners.
*ENROLLED BILL, defined: one which has been duly introduced, finally
passed by both houses of Congress, signed by the proper offices of
each, approved by the President and filed by the Secretary of the State.
Regalian Doctrine
In public law, a distinction is made between imperium and
dominium. Imperium is the government authority possessed by the State
expressed in the concept of sovereignty. Dominium is the capacity of the
State to own or acquire property. Dominium, which was the foundation for
the early Spanish decrees embracing the feudal theory of jura regalia that
all lands were held from the Crown, is also the foundation of the first
sentence of section 2. As adopted in a republican system, however, the
medieval concept of jura regalia has been stripped of regalian overtones;
ownership is vested in the State, not in the head of Statebe he
President or Prime Minister. (Bernas Reviewer citing Lee Hong Kok v. David, 48
SCRA 372,377)
Art. XII, sec. 2 of the Constitution states: All lands of the public
domain, waters, minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or timber, wildlife, flora and
fauna, and other natural resources are owned by the State. With the
exception of agricultural lands, all other natural resources shall not be
alienated.
Political law and Public International law 5
Miranda Doctrine
Rights available during custodial investigation or in-custody
interrogation of an accused person, which has been defined as any
questioning initiated by law enforcement officers after a person has been
taken into custody or otherwise deprived of his freedom of action in any
significant way.
Overbreadth Doctrine
Even though the governments purposes are legitimate and
substantial, they cannot be pursued by means that broadly stiffle
fundamental personal liberties, when the end can be more narrowly
achieved. (ABS-CBN v. Comelec, 323 SCRA 811; Lectures of Atty. Sandoval, SSC-R
Law, Bar Review Center)
--ELECTION LAW--
Luego Doctrine
The doctrine laid down the rule that appointment is discretionary. It
is a political question involving considerations of wisdom that only the
appointing authority may determine. So that for as long as the appointee
to a given office meets the minimum qualifications prescribed, the Civil
Service Commission, even the Supreme Court itself, is powerless to nullify
the appointment on the ground that somebody else is better qualified.
[Luego v. CSC, 143 SCRA 327 (1986)]
--ADMINISTRATIVE LAW
--LOCAL GOVERNMENT
Doctrine of Incorporation
Rules of international law form part of the law of the land and no
further legislative action is needed to make such rules applicable in the
domestic sphere.
The doctrine is recognized in the Philippines through sec. 2, Art. II
of the Constitution as the Philippines adopts the generally accepted
principles of international law as part of the law of the land. Rules of
international law are given equal standing with, but are not superior to,
national legislative enactments. Thus, the Constitution as the highest law
of the land may invalidate a treaty in conflict with it. (Sec. of Justice v. Hon.
Lantion, Jan. 18, 2000)
Doctrine of Transformation
International law is not per se binding upon the State. Such must
first be embodied in legislation enacted by the law-making body and so
transformed into municipal law. Only when so transformed will the
international law become binding upon the State as part of its municipal
law.
The doctrine of transformation is found in the Philippines through
the Treaty Clause, sec. 21, Art. VII of the Constitution. No treaty or
international agreement shall be valid and effective unless concurred in by
at least 2/3 of all the members of the Senate.
Pacta Tertiis
A state is not bound to act in accordance with a treaty if it is not a
party to that treaty. The exception is that if that treaty codifies customary
international law, in which case, the state remains bound.
Political law and Public International law 11
Monroe Doctrine
Enunciated by US President Monroe. The doctrine provided: (1)
That there should be no further colonization by European powers in the
American continents; (2) That there should be no extension of the
European political system to any portion of the hemisphere; and (3) That
there should be no European interposition in the affairs of existing
governments in the Americas for the purpose of oppressing them, or
controlling in any manner their destiny. (Aruego, p. 73)
Truman Doctrine
It was a proposal made by President Truman in a message to
Congress on March 12, 1947, in which he pointed to the need of economic
and military aid by the United States to Greece and Turkey- it was later
broadened to include Europe- because it must be the policy of the United
States to support free people who are resisting attempted subjugation by
armed minorities or by outside pressures. (Aruego, p. 75)
Hinterland Doctrine
A doctrine adopted in the partition of Africa delimiting the territorial
zones contiguous to the initial settlement set up along the coasts, as
spheres of influence based on the coastal settlement .
Stimson Doctrine
Precludes recognition of any government established as a result of
external aggression
Estrada Doctrine
Diplomatic representatives of a country where political upheaval
has taken place will deal or will not deal with whatever government is in
control therein at time and either action shall not be taken as judgment on
legitimacy of said government.
Thalweg Doctrine
For boundary rivers, in the absence of an agreement between the
riparian states, the boundary line is laid on the middle of the navigable
channel.
Calvo Doctrine
No state is responsible for losses suffered as a result of
insurrection or civil war.
Drago Doctrine
A public debt cannot give rise to the right of intervention.
Doctrine of Infection
Contrabands that are shipped together with innocent goods
belonging to the same person may be confiscated
Doctrine of Reciprocity
Political law and Public International law 13
If the requesting state is shown to be willing to surrender its own
national for trial by the courts of another country, the detaining state must
also surrender its own citizens for trial.
Principle of AUTO-LIMITATION:
It is to be admitted that any state may, by its consent,
express or implied, submit to a restriction of its sovereign rights.
There may thus be a curtailment of what otherwise is a power
plenary in character. That is the concept of sovereignty as auto-
limitation, which, in the succinct language of Jellinek, is the
property of a state-force due to which it has the exclusive capacity
of legal self-determination and self-restriction. (Reagan v. CIR, 30
SCRA 973 quoted in Nolledo, p. 46)