Quiz next meeting.

Concentration of general principles of the Philippine constitution, general principles and history

Immunity from suit or royal prerogative of dishonesty

-why royal because in the monarchy, where you cannot sue the king because the king is the
state.

Article 16 sec 3
-the state may not be sued without its consent.
-the reason is public service will be hindered if the public officials representing the state will
always be in court instead of doing their work
-there can be no legal right. You are practically suing the sovereign which gave you the right to
sue
-a suit for the recovery which the possession is in the govt is an action in personam not in rem.

When can the state be sued

-when it gave the consent
Passing the law (express provision of the law, the state waives its immunity from
suit. General law or implied.,laws dealing with money claims arising from
contracts. If you have money claims in the govt not directly to the court, you
must first go to COA except: it cannot be used to perpetrate from injustice.

GOCC CAN THEY BE SUED?

-IF the gocc is created under a charter with express power to sue and be sued then it can be
sued. E.g SSS, GSIS.
-if the charter is not vested with power, it cannot be sued, being agent of the government
-without charter, enters into a proprietary function-just like any govt corp then it can be sued
and sue. Ministrant function.

The govt can also give consent impliedly

-action against a person, then that person filed a counterclaim.govt cannot invoke the immunity
from suit, he is the one started.
-if intervention no affirmative relief-then can no counterclaim
-but there is an affirmative relief-the state cannot invoke immunity from suit. It is as if an action
-business contract- can sue and be sued. This are acts like private corporation-jure gestionis.-
therefore not immune from suit.
JURE IMPERII-cannot be sued unless give consent.

US v RUIZ
SC made a distinction, if the contract subject matter is in the exercise from jure imperii cannot
be sued.

SUITS AGAINST LGU

SEC 22-lgu performing its corporate power can sue and be sued. It is by express provision of the
law.
Sec 24- LGU and their officials shall not be exempt from liability for damage to property or injuri
to death or persons.

Suability different from liability

Suability depends on consent.
Liability-depends on law

If the state give its consent to be sued, in the hearing it turn out they are performing govt
function then not liable although gave consent to be sued.

Whats the use of suing them?

-the use/purpose is to give u chance or to proof in court, to show that the govt is performing
propriety function and govt function.

PUBLIC OFFICIAL
-Perforiming official acts also immune from suit-because they did that in behalf of the state

test on how would you know if w/n did it in personal

-if the govt use the public funds then it is a suit against the state (UP v DIZON)

the LGU can sue or be sued

-but no liable if performing governmental function.

Sir view
-liable even if performing governmental function, before there is no sec 24
-the law is mandatory
-the law is clear shall not be exempt. Statutory construction
-when the law does not qualify you should not qualify.

The president of the Philippines

-is immune from suit, all his acts are acts of state
-cannot sue president to file a civil or criminal that is tantamount to suing the state
-but you can sue him after his term.

In a petition in a writ of amparo-is to protect, persons life liberty,security.

-purpose is to protect not to impose liability to anyone.
-what determines in amparo is responsibility and accountability.

DOCTRINE OF COMMAND RESPONSIBILITY

-can a president be a respondent in a writ of amparo? Yes because it does not impose liability
but only determines responsibility and accountability.
Can you file a case to disbar the pres or vp?
-yes because it is an administrative case
-no, because it does not affect his office and official function
-comelec and ombudsman cannot be disbar-essential to its office

par imparem non habet- principle of sovereign equality of state

-republic of Indonesia v

two different concepts**

classical theory

jure imperii and not jure gestioni

what is test if it is an act of jure gestioni

if enters a contract involving private property
if the foreign states activity is in regular course of business-jure imperii if not-
gestioni
NATURE of particular act of transaction: if for gain or profit-gestioni- if
otherwise-imperii (it includes the officials in the performance of their official
functions)

Diplomats-are immune from suit, admin, criminal and civil. However there is exception in civil
and admin, if it involves real action relating to private immovable property situated in the
territory of the receiving state. Except if he holds the property in behalf of sending state.
-immune from the receiving state not on the third party state except when it is in
transitu/transit he is still immune from suit
-not also immune from suit in actions involves wills and succession. As a private person and not
on behalf of the sending state (if he was assigned as an executor, or legatee)
-actions in relation to business functions because it is outside to his official functions
-staff of the ambassador, they are also immune in criminal acts, for civil and administrative-
immune only on official acts
-private servants of the diplomatic nation-they also have privileges-they are exempt from taxes
and duties and other immunities and privileges granted by the receiving state. Except if its a
Filipino-not exempt

consuls are not diplomats

-they are not immune from suits
-they have privileges, it includes family-they have the right to official information, exempt from
criminal JD in the discharge of their official functions, they are not exempt from local laws. Also
exempt from civil, but only to discharge of official duties. Exempt tax, social security laws, they
can display the flag of their state.

International organization
-also immune from suits because of the international agreement-the convention****
-WHO, UNICEF, UNESCO exempt from suits because by virtue fo national agreement
-they are also agents and officials of the nation they represent
-only to their official functions

instances suit on public officers where are not suit on state

Mandamus-compel him to perform an act required by law
Prohibition-res
Public official preforming private act

Diplomatic immunity is a political question- the court is not the one who will determine the
immunity but the president

Diplomatic is different from consular relations

-breaking of consular relations does not terminate the diplomatic relations

if dual citizens diplomats

-not immune from suit

ARIGO V SWIFT**TUBATAHA REEFS

POTESTAS ETCCC*******

THE POWER TO MAKE LAWS IS DELAGATED BY THE PEOPLE TO CONGRESS

WHAT HAS BEEN DELAGATED CANNOT BE DELEGATED
-what is delegated by the congress to LGU is not lawmaking but rulemakings.
-rules are made to implements the law.
Subordinate legislation or the delegated power

Article 6 sec 28-congress made by law, authorize the pres

Emergency powers of the president. ***

To exercise emergency powers-the president must be authorized by congress.
The power of the state belongs to congress.

The supreme court has also rule making powers

-artcle 8 sec 5 paragraph 5
-SC promulgate rules pertaining protection and enforcement of consti rights
e.g amparo, habeas data, kalikasan, strategic law suit against public participation (SLSAPP)

concom has rule making powers

-they can promulgate their own rules.-subordinate legislations
Fernando v St. scholastica
Two branches of police power.

What is the test if there is a valid delegation of power

1 Completeness test-the law must be complete in all its terms and provisions, when it
leaves the legislative there is nothing to be done exempt to implement the law. (e.g the
test here is directed to the scope and definiteness,-the case of people v Verea-
2 Sufficient standard test- the law must not only define a fundamental legislative policy. It
must also indicate the circumstances under which is the legislative demand is(check
nachura)

CONSTITUTION
THE REASON WHY THERE IS STATE
-ENTERED INTO AGREEMENT WHICH IS THE SOCIAL CONTRACT WHICH IS THE CONSTITUTION

MANILA PRINCE HOTEL VS GSIS**

-assigns
established principles

constitution may be written or unwritten, conventional or cumulative, rigid or inelastic.

The PH constitution is written, conventional, enacted and rigid.

CHARACTERISTICS
1. BRIEF
2. BROAD
3. DEFINITE

DIFFERENCE OF MANDATORY AND DIRECTORY

-Depends on expediency.
-if cause damage to the public it is directory

in case of doubt provisions are prospective not retroactive.