POLITICAL LAW – The branch of public law which deals with the organization and operations of the governmental

organs of the State and defines the relations of the State with the inhabitants of its territory

Perfecto Case
The Supreme Court acquitted him, holding that the particular article, of the said Code had been automatically
abrogated, being political in nature, upon the advent of American sovereignty. Furthermore, Article 256 of the Penal
Code is contrary to the genius and fundamental principles of the American character and system of government.
The gulf which separates this article from this spirit which inspires all penal legislation of American origin, is as wide
as that which separates a monarchy from a democratic republic like that of the Unite States. Punishment for
contempt of non-judicial officers has no place in a government based upon American principles. The American
system of government is calculated to enforce respect and obedience where such respect and obedience is due, but
never does it place around the individual who happens to occupy an official position by mandate of the people any
official halo, which calls for drastic punishment for contemptuous remarks.

ARTICLE I
NATIONAL TERRITORY
The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all
other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and
aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas.
The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines.

The ARCHIPELAGIC DOCTRINE 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 landward side of the baselines regardless of breadth or dimensions are merely
internal waters.

CONTIGUOUS ZONE is a zone contiguous to the territorial sea and extends up to 12 nautical miles from the
territorial sea and over which the coastal state may exercise control necessary to prevent infringement of its
customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea. (Article 33 of the
Convention on the Law of the Sea.)

The EXCLUSIVE ECONOMIC ZONE is a zone extending up to 200 nautical miles from the baselines of a state over
which the coastal state has sovereign rights for the purpose of exploring and exploiting, conserving and managing
the natural resources, whether living or nonliving, of the waters superjacent to the seabed and of the seabed and
subsoil, and with regard to other activities for the economic exploitation and exploration of the zone. (Articles 56
and 57 of the Convention on the Law of the Sea.) The Constitution reserves to Filipino citizens the use and
enjoyment of the exclusive economic zone of the Philippines.
SOVEREIGN RIGHTS — for the purpose of exploring and exploiting, conserving and managing the natural resources,
whether living or non-living, of the seabed and subsoil and the superjacent waters, and with regard to other
activities such as the production of energy from the water, currents and winds in an area not extending more than
200 nautical miles beyond the baseline from which the territorial sea is measured. (See Art. 56, UNCLOS)
Jurisdiction, inter alia, with regard to: (1) the establishment and use of artificial islands, installations and structures;
(2) marine scientific research; and (3) the protection and preservation of the marine environment.

FLAG STATE means a ship has the nationality of the flag of the state it flies, but there must be a genuine link
between the state and the ship.

TERRITORIAL SEA is an adjacent belt of sea with a breadth of 12 nautical miles measured from the baselines of a
state and over which the state has sovereignty. (Articles 2 and 3 of the Convention on the Law of the Sea.) Ship of all
states enjoy the right of innocent passage through the territorial sea. (Article 14 of the Convention on the Law of the
Sea.)

INTERNAL WATERS of the Philippines consist of the waters around, between and connecting the islands of the
Philippine Archipelago, regardless of their breadth and dimensions, including the waters in bays, rivers and lakes. No
right of innocent passage for foreign vessels exists in the case of internal waters. (Harris, Cases and Materials on
International Law, 5th ed., 1998, p. 407.) Internal waters are the waters on the landward side of baselines from
which the breadth of the territorial sea is calculated. (Brownlie, Principles of Public International Law, 4th ed., 1990,
p. 120.)
ARTICLE XVI
Section 3. The State may not be sued without its consent.
Meritt Case:
By consenting to be sued, a state simply waives its immunity from suit. It does not thereby concede its liability to
plaintiff, or create any cause of action in his favor, or extend its liability to any cause not previously recognized. It
merely gives a remedy to enforce a preexisting liability and submits itself to the jurisdiction of the court, subject to
its right to interpose any lawful defense.
The State is responsible in like manner when it acts through a special agent; but not when the damage has been
caused by the official to whom the task done properly pertains.
The state is not responsible for the damages suffered by private individuals in consequence of acts performed by its
employees in the discharge of the functions pertaining to their office, because neither fault nor even negligence can
be presumed on the part of the state in the organization of branches of public service and in the appointment of its
agents.
The State is not liable for the torts committed by its officers or agents whom it employs, except when expressly
made so by legislative enactment. The government does not undertake to guarantee to any person the fidelity of
the officers or agents whom it employs since that would involve it in all its operations in endless embarrassments,
difficulties and losses, which would be subversive of the public interest.

STATE – “A community of persons, more or less numerous, permanently occupying a fixed territory, and possessed
of an independent government organized for political ends to which the great body of inhabitants render habitual
obedience”
NATION – indicates a relation of birth or origin and implies a common race, usually characterized by community of
language and customs

THE STATE IS A LEGAL CONCEPT, WHILE THE NATION IS ONLY A RACIAL OR ETHNIC CONCEPT.
Consent of the State to be sued may be made expressly as in the case of a specific, express provision of law as
waiver of State immunity from suit is not inferred lightly (e.g. C.A. 327 as amended by PD 1445} or impliedly as when
the State engages in proprietary functions (U.S. v. Ruiz, U.S. v. Guinto) or when it files a suit in which case the
adverse party may file a counterclaim (Froilan v. Pan Oriental Shipping) or when the doctrine would in effect be used
to perpetuate an injustice (Amigable v. Cuenca, 43 SCRA 360).

ELEMENTS OF A STATE:

A. PEOPLE – refers to the inhabitants of the state

- Must be numerous enough to be self-sufficing and to defend themselves

- Small enough to be administered and sustained

- Must come from both sexes to be able to perpetuate themselves

B. TERRITORY – the fixed portion of the surface of the earth inhabited by the people of the State

- Terrestrial domain, the inland and external waters, which make up the maritime and fluvial domain, and the
air space above the land and waters, which is called the aerial domain
C. GOVERNMENT – the agency or instrumentality through which the will of the State is formulated expressed and
realized

- Philippine government is democratic and republican

- To promote the welfare of the people

- FUNCTIONS: Constituent and Ministrant

Constituent – constitute the very bonds of society and are therefore compulsory. Example: Keeping of order and
providing for the protection of persons and property from violence and robbery; Fixing of legal relations between
husband and wife and between parents and children; the definition and punishment of crimes; and etc…

Ministrant – those undertaken to advance general interests of the society, such as public works, public charity, and
regulation of trade and industry. These functions are optional.
DE JURE AND DE FACTO GOVERNMENTS:

DE JURE – a government that has rightful title but no power or control, either because this has been withdrawn
from it or because it has not yet actually entered into the exercise thereof

DE FACTO – a government of fact, that is, it actually exercises power or control but without legal title
D. SOVEREIGNTY – the supreme and uncontrollable power inherent in a State by which that State is governed

Two kinds: Legal and political

Legal sovereignty is the authority which has the power to issue final commands
Political sovereignty is the power behind the legal sovereign, or the sum of the influences that operate upon it

INTERNAL OR EXTERNAL

Internal sovereignty refers to the power of the State to control its domestic affairs

External sovereignty, which is the power of the State to direct its relations with other States, is also known as
independence
CHARACTERISTICS OF SOVEREIGNTY:
1. PERMANENT
2. EXCLUSIVE
3. COMPREHENSIVE
4. ABSOLUTE
5. INDIVISIBLE
6. INALIENABLE
7. IMPRESCRIPTIBLE
State Immunity- the privilege of the State to be free from the hazards of court litigation while performing its
governmental functions.
Suability of State
1) The State cannot be sued without its consent.
2) When considered a suit against the State
a). The Republic is sued by name;
b). Suits against an un-incorporated government agency;
c). Suit is against a government official, but is such that ultimate liability shall devolve on the government
i. When a public officer acts in bad faith, or beyond the scope of his authority, he can be held personally liable for
damages.
ii. BUT: If he acted pursuant to his official duties, without malice, negligence, or bad faith, they are not personally
liable, and the suit is really one against the State.
3) This rule applies not only in favor of the Philippines but also in favor of foreign states.
4) The rule likewise prohibits a person from filing for interpleader, with the State as one of the defendants being
compelled to interplead.
Consent to be sued
A. Express consent:
1). The law expressly grants the authority to sue the State or any of its agencies.
2). Examples:
a). A law creating a government body expressly providing that such body “may sue or be sued.”
b). Art. 2180 of the Civil Code, which creates liability against the State when it acts through a special agent.
B. Implied consent:
1). The State enters into a private contract.
a). The contract must be entered into by the proper officer and within the scope of his authority.
b). UNLESS: The contract is merely incidental to the performance of a governmental function.
2). The State enters into an operation that is essentially a business operation.
a). UNLESS: The operation is incidental to the performance of a governmental function (e.g. arrastre services)
b). Thus, when the State conducts business operations through a GOCC, the latter can generally be sued, even if its
charter contains no express “sue or be sued” clause.
3). Suit against an incorporated government agency.
a) This is because they generally conduct propriety business operations and have charters which grant them a
separate juridical personality.
4). The State files suit against a private party.
UNLESS: The suit is entered into only to resist a claim.
Garnishment of government funds:
1) GENERAL RULE: NO. Whether the money is deposited by way of general or special deposit, they remain
government funds and are not subject to garnishment.
2) EXCEPTION: A law or ordinance has been enacted appropriating a specific amount to pay a valid government
obligation, then the money can be garnished.
Consent to be sued is not equivalent to consent to liability:
1) The Fact that the State consented to being sued does not mean that the State will ultimately be held liable.
2) Even if the case is decided against the State, an award cannot be satisfied by writs of execution or garnishment
against public funds. Reason: No money shall be paid out of the public treasury unless pursuant to an appropriation
made by law.

ARTICLE XVIII
Section 6. The incumbent President shall continue to exercise legislative powers until the first Congress is convened.
The 1987 Constitution was ratified on February 2, 1987 by a plebiscite. It was proclaimed in force on February
11, 1987.
The legislative power of the President under this provision ended on July 27, 1987 when the First Congress
convened.
Acts of the President under this provision may be amended or repealed only by statute, in the same way that the
Presidential Decrees of Pres. Marcos can be amended or repealed only by legislative act.
ARTICLE VIII
JUDICIAL DEPARTMENT
Section 5. The Supreme Court shall have the following powers:
Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions
for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
RULE 66
Quo Warranto
Section 1. Action by Government against individuals. — An action for the usurpation of a public office, position or
franchise may be commenced by a verified petition brought in the name of the Republic of the Philippines against:
(a) A person who usurps, intrudes into, or unlawfully holds or exercises a public office, position or franchise;
(b) A public officer who does or suffers an act which, by the provision of law, constitutes a ground for the forfeiture
of his office; or
(c) An association which acts as a corporation within the Philippines without being legally incorporated or without
lawful authority so to act.

ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES
Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted
principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations.
Section 6. The separation of Church and State shall be inviolable.
Fox Case:
Gov: First, the Bill of Rights under the equal protection clause in our Constitution does not distinguish between
foreigners and citizens of the Philippines. However, there is an existing jurisprudence that allows the executive
branch through the Bureau of Immigration to impose limitations on certain activities of foreigners that are inimical
to the interest of the state, and that is what the government has applied in the case of Sister Patricia Fox.
Before condemning the Duterte administration, it is prudent to understand the facts surrounding the issue involving
the Australian nun.
If there is sufficient evidence pointing to such violations committed by Sister Patricia which we are not completely
aware of, by all means the BI must be supported by all Filipinos who love and care for our country's national
interest.
There is such principle in law that presumes regularity in the performance of duty by the Bureau of Immigration.
That much we should give them.
Fox: To allow Agent Gonzales and perhaps the BI to define and delimit the scope of our missionary and apostolate
works would be to violate the provision of the Philippine Constitution which prohibits the government to impair the
free exercise and enjoyment of religious profession and worship," Fox added.