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Doctrine of parens patriae
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Literally, parent of the people. As such, the Government may act as guardian of the rights of people who may be disadvantaged or suffering from some disability or misfortune. (GOVERNMENT OF THE PHILIPPINE ISLANDS vs. MONTE DE PIEDAD 1916)
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Doctrine of parens patriae
Literally, parent of the people. As such, the Government may act as guardian of the rights of people who may be disadvantaged or suffering from some disability or misfortune. (GOVERNMENT OF THE PHILIPPINE ISLANDS vs. MONTE DE PIEDAD 1916)
Presidential government vs. Parliamentary government
In _______, there is separation of executive and legislative powers, while in _______, there is fusion of both executive and legislative powers in the Parliament, although the actual exercise of the executive powers is vested in a Prime Minister who is chosen by and accountable to the Parliament.
Unitary government vs. Federal government
A _______ is a single, centralized government exercising powers over both the internal and external affairs of the State, while a _______ consists of autonomous state (local) government units merged into a single State, with the national government exercising a limited degree of power over the domestic affairs but generally full direction of the external affairs of the State.
Sovereignty
The supreme and uncontrollable power inherent in a State by which that State is governed. It is characterized by permanence, exclusiveness, comprehensiveness, absoluteness, indivisibility, inalienability, imprescriptibility. (LAUREL vs. MISA 77 Phil. 856)
(1) Effects of change in sovereignty vs. (2) Effects of belligerent occupation
(1) Political laws are abrogated but municipal laws remain in force (PEO. vs. PERFECTO, MACARIOLA vs. ASUNCION, VILAS vs. CITY OF MANILA); (2) No change in sovereignty (PERALTA vs. DIRECTOR OF PRISONS, ALCANTARA vs. DIRECTOR OF PRISONS, RUFFY vs. CHIEF OF STAFF)
Dominium vs. Imperium
_______ refers to the capacity to own or acquire property, including lands held by the State in its proprietary capacity; while _______ is the authority possessed by the State embraced in the concept of sovereignty.
State Immunity from Suit / Royal Prerogative of Dishonesty
"The State cannot be sued without its consent" (SEC. 3, ART. XVI) The basis of immunity is that there can be no legal right against the authority which makes the law on which the right depends. However, it may be sued if it gives consent, whether express or implied. (REPUBLIC vs. VILLASOR 1973)
Par in parem non habet imperium
Immunity is enjoyed by other States. (1) The Head of the State, who is deemed the personification of the State, is inviolable, and thus enjoys immunity from suit; (2) The State's diplomatic agents, including consuls to a certain extent, are also exempt from the jurisdiction of local courts and administrative tribunals.
Par in parem non habet imperium
(3) A foreign agent operating within a territory can be cloaked with immunity from suit but only as long as it can be established that he is acting within the directives of the sending State (MINUCHER vs. CA); (4) The United Nations, as well as its organs and specialized agencies are likewise beyond the jurisdiction of local courts (CONVENTION ON PRIVILEGES AND IMMUNITIES OF THE UN); (5) Even other international organizations or international agencies may be immune from the jurisdiction of local courts and local administrative tribunals, such as the SEAFDEC and IRRI.
Municipal corporations
They are agencies of the State when they are engaged in governmental functions and therefore should enjoy the sovereign immunity from suit. However, they are subject to suit even in the performance of such functions because their charter provided that they can sue and be sued. (MUNICIPALITY OF SAN FERNANDO, LA UNION vs. JUDGE FIRME 1991) One of the corporate powers of local government units, as enumerated in SECTION 22 LGC is the power to sue and be sued.
Suit against the State
A suit is against the State regardless of who is named the defendant, if it produces adverse consequences to the public treasury in terms of disbursement of public funds and loss of government property. When a suit is against the State, it cannot prosper unless the State has given its consent.
Similarities of the inherent powers of the State
(1) Inherent in the State, exercised even without the need of express constitutional grant; (2) Necessary and indispensable such that the State cannot be effective without them; (3) Methods by which the State interferes with private property; (4) Presuppose equivalent compensation; (5) Exercised primarily by the Legislature.
Police Power vs. Power of Taxation
(1) Both are exercised only by the government unlike eminent domain which may be exercised by private entities; (2) _______ regulates both liberty and property, while _______ affects only property rights; (3) Property taken in _______ is usually noxious or intended for a noxious purpose and may thus be destroyed, while in _______, the property is wholesome and devoted to public use or purpose; (4) Compensation in _______ is the intangible, altruistic feeling that the individual has contributed to the public good, while in _______, compensation is the protection given and/or public improvements instituted by government for the taxes paid.
Police Power vs. Power of Eminent Domain
(1) _______ regulates both liberty and property, while _______ affects only property rights; (2) Property taken in _______ is usually noxious or intended for a noxious purpose and may thus be destroyed, while in _______, the property is wholesome and devoted to public use or purpose; (3) Compensation in _______ is the intangible, altruistic feeling that the individual has contributed to the public good, while in _______, compensation is the full and fair equivalent of the property taken.
Police Power
It is the power vested in the legislature by the Constitution to make, ordain, establish all manner of wholesome and reasonable laws for the good and welfare of the State and its people (COOLEY'S CONSTITUTIONAL LIMITATIONS, p. 830) It is the power of promoting public welfare by restraining an regulating the use of liberty and property.
Basic purposes of Police Power
(1) To promote the general welfare, comfort and convenience of the people; (2) To promote and preserve public health; (3) To promote and protect public safety; (4) To maintain and safeguard peace and order; (5)To protect public morals; (6) To promote the economic security of the people.
Scope and Characteristics of Police Power
It is the most pervasive, the least limitable, and the most demanding of the 3 powers. The justification is found in the Latin maxims: "salus populi est suprema lex" and "sic utere tuo ut alienum non laedas"
The Doctrine of Res Ipsa Loquitur
Under this doctrine, the Court may impose its authority upon erring judges whose actuations, on their face, would show gross incompetence, ignorance of the law or misconduct. (DE LOS SANTOS vs. MANGINO 2003, CRUZ vs. YANEZA 1999 both citing MACALINTAL vs. TEH 1997)
The Doctrine of Res Ipsa Loquitur
When the inefficiency springs from a failure to consider so basic and elemental a rule, a law or a principle in the discharge of his duties, a judge is either too incompetent and undeserving of the position and title he holds or he is too vicious that the oversight or omission was deliberately done in bad faith and in grave abuse of judicial authority. In both instances, the judge's dismissal is in order. After all, faith in the administration of justice exists only if every party-litigant is assured that occupants of the bench cannot justly be accused of deficiency in their grasp of legal principles. (MACALINTAL vs. TEH 1997)
Just compensation
It is defined as the full and fair equivalent of the property taken; it is the fair market value of the property. It is settled that the market value of the property is "that sum of money which a person desirous but not compelled to buy, and an owner willing but not compelled to sell, would agree on as a price to be given and received therefor." (NATIONAL POWER CORPORATION vs. CHIONG 2003) It means "not only the correct amount to be paid to the owner of the land but also the payment of the land within a reasonable time from its taking." (ESLABAN vs. DE ONORIO 2001)
Temporary takeover by the government extends only to the operation of the business
The temporary takeover by the government extends only to the operation of the business and not to the ownership thereof. As such the government is not required to compensate the private entity-owner of the said business as there is no transfer of ownership, whether permanent or temporary. The private entity-owner affected by the temporary takeover cannot, likewise, claim just compensation for the use of the said business and its properties as the temporary takeover by the government is in exercise of its police power and not of its power of eminent domain. (AGAN, JR. vs. PIATCO 2003)
Preamble
(1) Does not confer rights nor impose duties; (2) Indicates authorship of the Constitution; (3) Enumerates the primary aims and aspirations of the framers; and (4) Serves as an aid in the construction of the Constitution.
Manifestations of Republicanism
(1) Ours is a government of laws and not of men (VILLAVICENCIO vs. LUKBAN); (2) Rule of the majority (PLURALITY IN ELECTIONS); (3) Accountability of public officials; (4) Bill of Rights; (5) Legislature cannot pass irrepealable laws; (6) Separation of powers.
Purpose of Republicanism
To prevent concentration of authority in one person or group of persons that might lead to an irreversible error or abuse in its exercise to the detriment of republican institutions. "To secure action, to forestall overaction, to prevent despotism and to obtain efficiency". (PANGASINAN TRANSPORTATION CO vs. PUBLIC SERVICE COMMISSION 40 O.G. 8th Supp. 57)
Principle of Blending of Powers
Instances when powers are not confined exclusively within one department but are assigned to or shared by several departments, e.g., enactment of general appropriations law.
Principle of Checks and Balances
This allows one department to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments, e.g., veto power of the President as check on improvident legislation.
A Purely Justiciable Issue
It implies a given right, legally demandable and enforceable, an act or omission violative of such right, and a remedy granted and sanctioned by law for said breach of right. (CASIBANG vs. AQUINO 1979)
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