Atty. RLF Consti1 Reviewer

Question 1

Political Law

Answer 1

Branch of public law which deals with the organization and operation of the governmental organs of the State and defines the relations of the State with the inhabitants of the territory.

Question 2

SUBJECTS UNDER POLITICAL LAW (CLALE)

Answer 2

a. Constitutional Law
b. Law of Local Governments
c. Administrative Law
d. Law on Public Officers
e. Election Law

Question 3

(Constitutional) Cooley’s

Answer 3

Body of rules & maxims in accordance with which the powers of the sovereignty are habitually exercised.

Question 4

(Constitutional) Malcolm

Answer 4

Written instrument enacted by the direct action of the people by which the fundamental powers of the government are established, limited, and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic

Question 5

FUNDAMENTAL FUNCTIONS OF THE CONSTITUTION (TAE with a P)

Answer 5

1. Prescribe a framework for the system of government
2. Assign diff. dept’s. their respective duties and powers
3. Establish certain fixed principles on which government is founded

Question 6

CLASSIFICATION OF CONSTITUTION

Answer 6

WRITTEN- precepts are embodied in one document

UNWRITTEN- consists of rules which have not been integrated into a single concrete form

CONVENTIONAL OR ENACTED- enacted at a definite time place following a conscious effort taken by a constituent body

CUMULATIVE OR EVOLVED- result of political evolution, not inaugurated at a specific time but changing by accretion rather than by any systematic method

RIGID- can be amended by a formal process

FLEXIBLE- can be changed by an ordinary legislation

Question 7

WCR

Answer 7

The 1987 Phil. Constitution is Written, Conventional, and Rigid.

Question 8

ESSENTIAL QUALITIES OF A GOOD WRITTEN CONSTITUTION

Answer 8

BROAD- covers all persons and things within territory of the State but more so because it is supposed to embody the past, to reflect the present, and to anticipate the future.

BRIEF- adjustable to change and easy to amend

DEFINITE- must be clear and definite in case of ambiguity which results to confusion

Question 9

ESSENTIAL PARTS OF A GOOD WRITTEN CONSTITUTION

Answer 9

CONSTITUTION OF LIBERTY- this part of the Constitution consists of a series of prescriptions setting forth the fundamental civil and political rights of the citizens, imposing limitations on the power of the government. (ex. Article 2, 3, 4, 5, 12)

CONSTITUTION OF GOVERNMENT- consists of a series of provisions outlining the organization of the government enumerating its powers (ex. Article 6,7,8,9,10,11)

CONSTITUTION OF SOVEREIGNTY- mode or procedures in accordance with which formal changes in the fundamental law may be brought about (ex. Article 13)

Question 10

PRINCIPLES OF CONSTITUTIONAL INTERPRETATION/CONSTRUCTION

Answer 10

1. VERBA LEGIS
2. RATIO LEGIS EST ANIMA
3. UT MAGIS VALEAT QUAM PEREAT
4. Constitutional provisions must be harmonized
5. The Constitution operates prospectively
6. Constitutional provisions are mandatory
7. Constitution must be self-executing

Question 11

Effectivity of the 1987 Philippine Constitution
(Art. XVIII, Sec. 27)

Answer 11

February 2, 1987

Question 12

Laws and international agreements prior to the effectivity of the 1987 Constitution

Answer 12

All existing laws, decrees, executive orders, proclamations, letters of instructions, and other executive issuances not inconsistent with this Constitution shall remain operative until amended, repealed, or revoked.

Question 13

Rule of Continuity of Legal System/Laws

Answer 13

Laws and relationships established before the effectivity of the new legal system shall remain valid and in force until they are revoked.

Question 14

Art. XVIII, Secs. 4

Answer 14

All existing treaties or international agreements which have not been ratified shall not be renewed or extended without the concurrence of at least two-thirds of all the Members of the Senate.

Question 15

Who ca ratify treaties and international agreements?

Answer 15

PRESIDENT – only has the authority to ratify treaties and international agreements.

Question 16

How about renewal or extension of treaties & international agreements?

Answer 16

SENATE – a concurrence of 2/3 of ALL its members will renew or extend treaties and international agreements.

Question 17

(Art. XVII, Secs. 1 to 4)

Answer 17

Amendments and Revision

Question 18

What is Revision?

Answer 18

Revision broadly implies a change that alters a basic principle in the constitution, like altering the principle of separation of powers or the system of checks-and-balances. There is also revision if the change alters the substantial entirety of the constitution, as when the change affects substantial provisions of the constitution.

Question 19

What is Amendment?

Answer 19

Amendment broadly refers to a change that adds, reduces, or deletes without altering the basic principle involved.

Question 20

Purpose of Two-Part Test?

Answer 20

Two-Part Test – used to determine whether the proposal to change the Constitution is a revision or an amendment.

Question 21

Definition of the Two-Part Tests?

Answer 21

Quantitative Test - asks whether the proposed change is “so extensive in its provisions as to change directly the ‘substantial entirety’ of the constitution by the deletion or alteration of numerous existing provisions. The court examines only the number of provisions affected and does not consider the degree of the change.

Qualitative Test - inquires into the qualitative effects of the proposed change in the constitution. The main inquiry is whether the change will “accomplish such far reaching changes in the nature of our basic governmental plan as to amount to a revision.”

Question 22

Bicameral to Unicameral Legislature?

Answer 22

Bicameral Legislature – has two (2) separate chambers (Senate and House of Representatives)

Unicameral Legislature – has legislators deliberating and voting as a single group in one (1) chamber.

Needed Change: Article VI (Legislative Department) of the Constitution.

Question 23

Presidential to Parliamentary form of Government?

Answer 23

Presidential form – a democratic and republican government in which a head of government, the president, leads an executive branch that is separated from legislative branch.

Parliamentary form – one which blurs or merges the executive branch and legislative branch, and the head of the executive branch, the prime minister, who is often also a member of the legislature, has the support of the parliament because he was chosen by them.

Needed changes: Articles VI (Legislative Department) and VII (Executive Department)

Question 24

Unitary to Federal State

Answer 24

Unitary State – governed by a single power in which the central government is ultimately supreme.

Federal State – its central government has no full sovereign powers because they are divided between the federated states and the central government. It can hold various degrees of executive, legislative, and judicial jurisdiction over a defined geographic territory and is a form of regional government

Needed changes: Articles VI (Legislative Department) and VII (Executive Department), VIII (Judicial Department), and X (Local Government)

Question 25

2 Steps on “Process of Revision and Amendment?”

Answer 25

There are two basic steps: (1) Proposal; and (2) Ratification

Question 26

REVISION: Procedure

Answer 26

STEP 1. Proposal
Congress as Constituent Assembly
Upon a vote of 3/4 of ALL its members

Constituent Assembly - is a body, composed of the members of Congress, assembled for the purpose of drafting or revising a constitution.

Constitutional Convention
Congress may,
by a vote of 2/3 of ALL of its members, call a constitutional convention. or
by a Majority vote of ALL its members, submit to the electorate the question of calling such a convention.

STEP 2. Ratification
Revisions of the Constitution shall be valid when ratified by a MAJORITY of the votes cast in a plebiscite (not earlier than 60 days nor later than 90 days after the approval of the revision)

Question 27

AMENDMENT: Procedure

Answer 27

STEP 1. Proposal
A. By Congress (aka Constituent Assembly)
Upon a vote of 3/4 of ALL its members

  B. By a Constitutional Convention Congress may,  by a vote of 2/3 of ALL of its members, call a constitutional convention. or by a Majority vote of ALL its members, submit to the electorate the question of calling such a convention. 

  C.  People’s Initiative Upon a petition of at least 12% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voters therein. **This mode can only be used once every 5 years**

STEP 2. Ratification
Amendments of the Constitution proposed by a constituent assembly or a constitutional convention shall be valid when ratified by a MAJORITY of the votes cast in a plebiscite (not earlier than 60 days nor later than 90 days after the approval of the amendment)

Question 28

Amendments of the Constitution proposed through people’s initiative?

Answer 28

For amendments of the Constitution proposed through people’s initiative, prior to the voting in a plebiscite, COMELEC must certify the sufficiency of the petition.

Question 29

Doctrine of Proper Submission

Answer 29

Doctrine of Proper Submission – submission for ratification of piecemeal amendments is not allowed. There must be fair submission, intelligent consent or rejection.

Question 30

Two (2) essential elements of Petition by people’s initiative?

Answer 30

The people must author sign the entire proposal. No agent or representative can sign on their behalf.
The proposal must be embodied in a petition, containing the full text of the proposed amendment either written on the face of the petition or attached. If attached, it must be stated/mentioned in the petition.

Question 31

What is Logrolling?

Answer 31

Logrolling – when the initiative petition incorporates an unrelated subject matter in the same petition. Its effect is to nullify the entire proposition and not only the unrelated subject matter.

Question 32

Judicial review of amendments

Answer 32

The choice as to whether Congress want to propose a change in the Constitution through itself acting as constituent assembly or to call a constitutional convention or to do both is a political question, NOT subject to judicial review.

Question 33

Justiciable question

Answer 33

On the question of constitutionality of the method or procedure for amendment, both as to proposal and ratification, is a justiciable question and nonpolitical in nature. This is subject to judicial review and it is the duty of the Court to decide on such questions.

Question 34

(Art. 1, Sec. 1)

Answer 34

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 dimension, form part of the internal waters of the Philippines.

Question 35

“What are internal waters?”

Answer 35

The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimension, form part of the internal waters of the Philippines.

Question 36

“What is continental shelf?”

Answer 36

Under UNCLOS, Continental shelf is part of the seabed and subsoil formed by the natural prolongation of the seabed, not exceeding 200 nautical miles from the baseline.

From the provision: Is the seabed, the subsoil, the insular shelves, and other submarine areas.

Question 37

Archipelagic State

Answer 37

Archipelagos have unique rights and method of measuring their territory.

All internal waters are considered part of our archipelagic waters, but not all archipelagic waters of the Philippines are considered internal waters so much so that other countries may not exercise the right of the innocent passage.

Question 38

Archipelagic Doctrine

Answer 38

It is the principle whereby the body of water studded with islands, or the islands surrounded with water, is viewed as a unity of islands and waters together forming one integrated unit. 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. We consider all the waters enclosed by the straight baselines as internal waters.

Question 39

TL;DR

Answer 39

The PH is considered as one integrated unit instead of more than 7,000 islands, and without this, we don’t follow the straight baseline method.

Question 40

Purpose of Archipelagic Doctrine:

Answer 40

Territorial Integrity
National Security
Economic Reasons

Question 41

What does Internal water refers to?

Answer 41

Refers to the waters on the landward side of the baseline of the territorial sea, and they do not cover the entire archipelagic waters.

Question 42

What are inclusions to Internal Waters?

Answer 42

Rivers, lakes, bays, ports, etc.
In internal waters, other countries cannot exercise the Right of Innocent Passage.

Question 43

Archipelagic Waters

Answer 43

Refers to the waters enclosed by the archipelagic baselines drawn using the straight baseline method. Here, the Right of Innocent Passage can be exercised.

Question 44

UN CONVENTION OF THE LAW OF THE SEA

Answer 44

a. 12 nm – territorial sea (exercise sovereignty)
XPN: Right of Innocent Passage

b. 24 nm – contiguous zone (customs, fiscal, immigration, sanitation)

c. 200 nm – exclusive economic zone (right to exploit living and non-living resources)

Question 45

Preferential rights over the marine resources?

Answer 45

Although the contiguous zone and most of the exclusive economic zone may not, technically, be part of the territory of the State, nonetheless, the coastal State enjoys preferential rights over the marine resources found within these zones.

Question 46

What are the domains/components of the PH Archipelago?

Answer 46

The terrestrial, fluvial, and aerial domain.

Question 47

2 groups of territory of the PH as stated in Art I?

Answer 47

Philippine archipelago

All other territories over which the PH exercises sovereignty and jurisdiction.

It includes territories outside the PH archipelago but over which the PH has sovereignty or jurisdiction.

i.e. Sabah, Kalayaan Island Group (Spratly Islands), etc.

Question 48

Article 121 of the United Nations Convention on the Law of the Sea

Answer 48

The baselines in the following areas over which the Philippines likewise exercises sovereignty and jurisdiction shall be determined as “regime of Islands” under the Republic of the Philippines consistent with Article 121 of the United Nations Convention on the Law of the Sea (UNCLOS):

• The Kalayaan Island Group as constituted under Presidential Decree No. 1596 and
• Bajo de Masinloc, also known as Scarborough Shoal

Question 49

WHAT IS REGIME OF ISLANDS?

Answer 49

Article 121 provides: “Regime of islands. —
An island is a naturally formed area of land, surrounded by water, which is above water at high tide.”

Question 50

Exception to Regime of Islands

Answer 50

Except as provided for in paragraph 3, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of an island are determined in accordance with the provisions of this Convention applicable to other land territory.

Question 51

Rocks

Answer 51

Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf.”

Question 52

Low-tide elevation

Answer 52

Low-tide elevation is a naturally formed area of land which is surrounded by and above water at low tide but submerged at high tide.

Question 53

Arbitral Tribunal on Spratly Island?

Answer 53

The Arbitral Tribunal held that all territorial objects in the Spratly Islands are either low tide elevations (eg. Subi Reef, Mischief Reef) or rocks that do not have EEZ or continental shelves (eg. Johnson Reef, Cuarteron Reef)

Question 54

Scarborough Shoal

Answer 54

Scarborough Shoal is also a rock. It has been a traditional fishing ground for fishermen of many nationalities, including from the Philippines, China (including Taiwan), and Vietnam.

Question 55

Sovereign rights on low-tide elevation?

Answer 55

Sovereign rights were awarded over low-tide elevations not included in the possible entitlement of China and within the PH’s 200-nm EEZ:
- Mischief Reef
- Second Thomas Shoal
- Reed Bank

Question 56

4 modes of acquiring territory? (P-A-C-O)

Answer 56

1. Occupation
2. Accretion
3. Cession
4. Prescription

Question 57

Territorial Sea

Answer 57

Territorial Sea – adjacent belt of the sea; does not exceed 12nm when measured from the baselines

Question 58

UNCLOS has two ways of measuring or drawing baselines

Answer 58

Normal Baseline
Straight Baseline Method

Question 59

Normal Baseline, define

Answer 59

Normal Baseline: the low-water line along the coast as marked on large-scale charts officially recognized by the coastal state. It normally would not consist of straight lines.

It is used by almost every country; measuring the territorial sea from the shore when the shore is in low tide, counting 12 nautical miles (Flores video lecture)

Question 60

Straight Baseline Method, define

Answer 60

Straight Baseline Method: the imaginary line joining the appropriate points of the coast

It is the method of identifying the outermost points of the archipelago and drawing straight baselines connecting the outermost points. (Flores video lecture)

Question 61

How to measure breadth of the territorial sea?

Answer 61

The breadth of the territorial sea of the PH archipelago is measured by drawing straight baseline.

Territories outside of the PH archipelago but over which the PH has jurisdiction, the breadth of their respective territorial seas is measured by normal baseline.

Question 62

Continental Shelf

Answer 62

Continental Shelf – UNCLOS also calls it insular shelves, and it measures for 200 nautical miles, which is the same as EEZ. It is composed of the seabed, subsoil, and other submarine areas.

Question 63

Extended Continental Shelf

Answer 63

Where the continental shelf extends beyond 200 nm from the baselines from which the breadth of the territorial sea is measured, the coastal state shall delineate the outer limits thereof and make a submission to the Commission on the Limits of the Continental Shelf (CLCS) containing information on the delineated limits.

Question 64

GR

Answer 64

GR: It should not exceed 200 nm from baseline. However, it can be extended until 350 nautical miles, which is the maximum, depending on the seabed’s prolongation (Flores video lecture)

Question 65

Right of Innocent Passage

Answer 65

Right of Innocent Passage - commercial ships can innocently pass through.

Question 66

What is the Benham Rise

Answer 66

It is a 13-million-hectare underwater plateau east of Luzon, off the provinces of Aurora and Isabela. It is part of the PH’s extended continental shelf.

Question 67

DOCTRINE OF STATE IMMUNITY

Answer 67

Def: Sovereign states are immune from the jurisdiction of other courts

Question 68

Doctrine of Incorporation

Answer 68

By Doctrine of Incorporation generally accepted principles of international law are automatically part of PH law.

Question 69

Doctrine of Incorporation Bases, As to a local state?

Answer 69

Ethical ground – A sovereign is immune from suit because there can be no legal right as against the authority that makes the law on which the right depends. This ground adheres to positivist theory.

Practical ground – A sovereign must be immune from suit because with the well-known propensity on the part of our people to go to court, at the least provocation, the loss of time and energy required to defend against lawsuits, in the absence of such doctrine that constitutes such an effective obstacle, could very well be imagined. This ground adheres to sociological theory.

Question 70

Doctrine of Incorporation Bases, As to a foreign state?

Answer 70

Foreign states are immune from suit following the Principle of Sovereign Equality of States (par in panem non habet imperium). All states are sovereign equals and cannot assert jurisdiction over one another.

Question 71

Entitlement of Immunity, is it a political or justiciable question?

Answer 71

Political question – If the party to a case is a state or instrumentality, it is a political question that is conclusive upon the courts. (Holy See v. Rosario)

GR: Court should not pass upon the issue.
XPN: if there is grave abuse of discretion.

Question 72

Justiciable question

Answer 72

Justiciable question – the Court can decide and pass upon the legality of the immunity
If individual, the DFA’s determination is only preliminary which has no binding effect. Therefore, justiciable question. (Liang v. People)

Question 73

Ruling on Arigo v. Swift?

Answer 73

Can the commanding officers of the US Navy Warship be sued for damages for the ship’s grounding on the Tubbataha Reefs while they were performing military duties

No. Considering that the satisfaction of a judgment against said officials will require remedial actions and appropriation of funds by the US Gov., the suit is deemed to be one against the US itself. The

Principle of the State Immunity therefor bars the exercise of jurisdiction by the PH courts over the persons of respondent military officers.

Question 74

IMMUNITY OF INTERNATIONAL ORGANIZATIONS

Answer 74

The growth of international organizations dedicated to specific universal endeavors, such as health, agriculture, science and technology, and environment is recognized in our jurisdiction. To secure them legal and practical independence in fulfilling their duties, int’l agencies are granted privileges and immunities.

Question 75

Renouncing War

Answer 75

“[The Philippines renounces war as an instrument of national policy,] adopts the generally accepted principles of international law as part of the land, [and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.]” Art. II, Sec. 2

Def: As a member of the UN and a party to the Convention on the Privileges and Immunities of the Specialized Agencies of the UN, the PH Gov. adheres to the doctrine of immunity granted to the UN and its specialized agencies.

Question 76

IMMUNITY OF GOV. AGENCIES

Answer 76

The following is the summary of rules on the immunity of government agencies:

a. UNINCORPORATED
b. INCORPORATED

Question 77

UNINCORPORATED, define

Answer 77

UNINCORPORATED:
Performing government function: NOT SUABLE (jure imperii)

Performing proprietary (engaged in business and not gov.-related) function: SUABLE (jure gestionis)
Commission on Internal Revenue
BIR and BOC – adjunct to the Dept. of Finance. They both perform gov. functions while they earn money, however, they are not suable.

Note: Commission on Internal Revenue, BIR, and BOC are special charters.

Question 78

INCORPORATED, define

Answer 78

INCORPORATED:
It is suable if the charter says so, regardless of their function.

If the charter is silent as to their suability:
Gov. Function – NOT SUABLE
Proprietary – SUABLE

Question 79

Pursuant to its primary function under its charter of administering monetary, banking and credit system in the PH, BSP also operates a clearing house facility for regional checks. Can BSP be sued in connection with the transaction of its clearing house facility?

BPI v. CBP (now BSP)

Answer 79

Yes, BSP can be sued. Even though establishing a clearing house facility is a necessary incident to its gov. function, BSP is not immune from suit because its Charter, by expressly providing corporate powers which include the authority to sue and be sued, waived its immunity from the suit.

Question 80

Suability not Outright Liability

Answer 80

In the case of Merritt v. Government of the Philippine Islands, citing Melvin vs. State (121 Cal., 16)

Question 81

*The distinction between Suability and Liability *

Answer 81

Suability depends on the consent of the state to be sued, liability on the applicable law and the established facts.

Liability is not conceded by the mere fact that the state has allowed itself to be sued.

Question 82

Waiver of State Immunity

Answer 82

Basic is the rule that only the Congress can waive the state’s immunity from suit because the consent to be sued must emanate from statutory authority.

Question 83

strictissimi juris

Answer 83

It is also important to keep in mind that waiver of immunity, being a derogation of sovereignty, will not be inferred lightly but must be construed in strictissimi juris. Hence, no waiver of state immunity must be drawn from the language of a law, unless the legislative branch has expressly and clearly given the State’s consent to be sued.

Question 84

How a state may waive its immunity?

Answer 84

The state may waive its immunity either expressly or impliedly. Expressly, either through a general law or a specific law. Impliedly, either by
(1) entering into a business contract with or by
(2) commencing a suit against a private party.

Question 85

Express Waiver: Through a General Law

Answer 85

The state through Act. 3083, has waived its immunity for all “moneyed claim involving liability arising from contract, express or implied.” Act 3083 is a general law waiving state immunity because it applies to all claims against the state, regardless of whether the contract involves the governmental or proprietary functions of the state, so long as it is moneyed claim arising from a contract.

Question 86

When to invoke Act 3083?

Answer 86

However, Act 3083 must be invoked by following the procedure on how to collect this moneyed claim prescribed by Commonwealth Act No. 327, as amended by Presidential Decree No. 1445. Accordingly, the claim must be filed with and adjudicated by the COA before the money may be paid out of the treasury.

Question 87

UP v. Dizon

Answer 87

In UP v. Dizon, the Supreme Court did not allow payment of the claim of a private contractor against the University of the Philippines, a state university, despite the final decision of a Regional Trial Court having already validated the claim because the COA, according to the Supreme Court, must first adjudicate the contractor’s claim before execution should proceed.

Note: this is not to say that all types of moneyed claims involving liability arising from contract are to be adjudicated at first instance by the COA. NOT ALL moneyed claims are within the exclusive jurisdiction of the COA. Other tribunals/adjudicative bodies, too, may have concurrent jurisdiction with the COA over money claims against the government or in the audit of the funds of government agencies and instrumentalities.

Question 88

Taisei Shimizu Joint Venture v. COA

Answer 88

In Taisei Shimizu Joint Venture v. COA, the Supreme Court clarified that there are two main types of money claims which the COA may be confronted with:
money claims originally filed with the COA which are limited to liquidated claims; and
money claims which arise from a final and executory judgment of a court or arbitral body.

Question 89

Liquidated claims

Answer 89

Liquidated claims are those uncontested claims determined or readily determinable from vouchers, invoices, and such other papers within reach of accounting officers. It may also mean that the claim no longer presents a justiciable question ripe for judicial determination. The liability or non-liability of the government shall no longer be in issue and shall no longer require the examination of evidence and the use of judicial discretion. Hence, if the moneyed claim involving liability arising from contract is already liquidated and uncontested, the same must originally be filed with the COA.

Question 90

In cases where the claim is for a fixed amount?

Answer 90

In cases where the claim is for a fixed amount and although the private complainant takes issue with the accuracy of the government agency’s summation of its accountabilities, the amount thereof is readily determinable from the receipts, invoices, and other documents, the trial court should dismiss the claim before it and hold that the suit against the government must be brought first to the COA. Otherwise, all proceedings in the trial court are void.

Question 91

If the money claim involving liability arising from contract is unliquidated or contested?

Answer 91

If the money claim involving liability arising from contract is unliquidated or contested, i.e., the liability or non-liability of the government under a contract is in issue and requires the examination of evidence and the use of judicial discretion, the same must first be adjudicated by a regular court of law before the COA may adjudicate for purposes of validation and compliance with applicable auditing laws and rules. This is in harmony with the scope of the COA’s authority to only take cognizance of money claims that are liquidated and uncontested. It also bears stressing that although the COA exercises broad powers pertaining to audit matters, it is devoid of authority to determine the validity of contracts.

Question 92

[Money Claims arising from contracts] Where to claim?

Answer 92

Liquidated and uncontested claim: directly and originally with COA

Unliquidated and contested claim:
Court or tribunal must be adjudicated with RTC first/ money claim must be liquidated by court or arbitral body

Must file to COA for execution of claim
There are also cases where special laws vest arbitral bodies/tribunals with exclusive jurisdiction over money claims against the government. Such as the case of Taisei Shimizu Joint Venture where Supreme Court Held that

Question 93

Spouses Roque v. COA

Answer 93

In Spouses Roque v. COA, when the COA confirmed the veracity of the money claim of the petitioners based on certified true copies of the decisions of the courts as well as the Entry of Judgment signifying the finality of the judgment, but ruled another reckoning point of the legal interest, the Supreme Court said it erred because it could not alter a final judgment and disregard the principle of immutability of final judgments.

Question 94

Express Waiver: Through a Special Law

Answer 94

The state may also waive its immunity by means of a special law. Either by authorizing a particular person to prove his specified claim against the state or by authorizing a particular suit.

Question 95

Article 2180 of the Civil Code of the Philippines

Answer 95

Article 2180 of the Civil Code of the Philippines - is an example of waiver of state’s immunity by authorizing a particular suit. This is a waiver of immunity for quasi-delicts when the State acts through a special agent.

Question 96

Special Agent

Answer 96

A special agent “is one who receives a definite and fixed order or commission, foreign to the exercise of the duties of his office if he is a special official.”

Question 97

How to Claim?

Answer 97

Since the Civil Code does not provide for a procedure and forum of jurisdiction when one wants to claim under the foregoing provisions, the claim must be filed with the RTC because it is a court of general jurisdiction.

Question 98

Implied Waiver

Answer 98

Implied waiver is useful when one wants to sue foreign government in Ph courts; Or when there is a business contract between the Ph government and private individual or entity but the claim is NOT money but for something else such as property.

Question 99

Restrictive Doctrine of State Immunity

Answer 99

A state, especially a foreign one, can be sued in Philippine courts for private, commercial, and proprietary contracts (jure gestionis) only, but cannot be sue for government contract (jure imperii)

Question 100

SUABILITY DOES NOT MEAN OUTRIGHT LIABILITY

Answer 100

Ø Suability – depends on the consent of the state to be sued

Ø Liability – on the applicable and the established facts

Question 101

A suit is against the state

Answer 101

• If a state will need to perform an affirmative action such as the appropriation of funds or property for the satisfaction of judgment, then the suit is against the state and not against the named defendant.
• If it produces or will produce adverse consequences to public treasury in terms of disbursement of funds and/or loss of government property.(state is immune of suit unless given its consent)

Question 102

A suit is not against the state (against the named defendant officer)

Answer 102

• When the relief demanded by the suit requires no affirmative official action on the part of the state nor the affirmative discharge of any obligation which belongs to the state in its political capacity

Question 103

Test in determining whether the suit is against the state or not

Answer 103

Test in determining whether the suit is against the state or not, = need to perform an affirmative action such as the appropriation of funds or property for the satisfaction of judgement then the suit is against the state and not against the named defendant officer thereby barring the suit.

Question 104

Concept of State

Answer 104

Community of persons more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing an organized government to which the great body of inhabitants render habitual obedience.

Question 105

State’s 4 elements

Answer 105

A state has 4 elements (1) people; (2) territory; sovereignty; and (4) government.

Question 106

Republicanism

Answer 106

The enfranchosed citizen as a particle of popular sovereignty and as the ultimate source of the established authority.

Sovereignty resides in the people and all government authority emanates from the people.
A republic government is not a pure democracy, its essence is representation and renovation.

Question 107

Principle of Separation of Powers

Answer 107

Constitutional demarcation of the three fundamental powers of government: to the legislative branch of the government, through Congress; to the executive branch of government, through the President; and to the judicial branch of the government, through the Court.

Question 108

Principle of checks and balances

Answer 108

Secure coordination in the workings of the various departments of the government. One department is allowed to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments.

Question 109

Principle of blending of powers

Answer 109

Powers are not confined exclusively within one department but are in fact assigned to or shared by several departments.

Question 110

Political question Doctrine

Answer 110

Broad principle of separation of powers limit the exercise of judicial power to purely justiciable questions and disallows an intrusion by the court in respect to the purely political decisions of the people, the legislative branch, or the executive branch.

Question 111

Principle of non-delegation of powers

Answer 111

One who has bare power or authority from another to do an act, must execute it himself and cannot delegate its authority to another.

Congress may not delegate its legislative power to the two other branches of the government.

It also prohibits Congress as an institution from delegating its legislative powers to individual members.

Question 112

Permissible delegations of legislative power

Answer 112

Local governments
Administrative bodies
Emergency powers to the President
Tariff powers
People at large (People’s initiative)

Question 113

2 kinds of delegated rule- making

Answer 113

Supplementary rule-making- fill up the details of the law for its enforcement

Contingent rule-making- ascertain facts in oder to bring the law into actual operation

Question 114

2 fundamental tests for adequate legislative guidelines for delegated rule-making

Answer 114

Completeness Test
Sufficient standard Test

Question 115

Completeness Test

Answer 115

Completeness test- a law that is complete when it sets forth therein the policy to be executed, carried out, or implemented by the delegate

Question 116

Sufficient Standard Test

Answer 116

Sufficient standard test- law that lays down a sufficient standard when it provides adequate guidelines or limitations int he law to map out the boundaries of the delegate’s authority and prevent the delegation from running riot.

Question 117

Doctrine of Incorporation

Answer 117

Section 2, Article II of the Constitution provides: “ 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.” This adherence to international law is what is referred to as the Doctrine of Incorporation.

Question 118

Restricted Automatic Doctrine

Answer 118

Under Philippine Jurisdiction, it applies only to general principles of international law and ‘customary law’ and to treaties which have become part of customary law.

Question 119

Doctrine of Transformation

Answer 119

An international law, to become part of national or domestic law, must be consciously adopted by the domestic state through legislation or enactment.

Question 120

3 primary sources of international law

Answer 120

Treaties
Customary international law
General principles of law

Question 121

Doctrine of Separation of the Church and the State

Answer 121

This principle (1) advocates the idea of delineating the boundaries between the two institutions; and (2) avoids encroachments by one against the other because of a misunderstanding of the limits of their respective exclusive jurisdictions.

Question 122

Exceptions to the Doctrine of Separation of Church and State

Answer 122

Exempt from taxation: Churches, etc., and all lands, buildings, and improvements, actually, directly, and exclusively used for religious purposes (Sec. 28[3], Art. VI);

When may public money may be appropriated to a priest, preaster, or dignitary: when they are assigned to the armed forces, or to any penal institution, or government orphanage, or leprosarium (Sec. 29[2], Art. VI);
Study of religion in schools: [See below] (Sec. 3[3], Art. XIV);

Exempt from the Filipino ownership requirement: educational institutions established by religious groups and mission boards. (Sec. 4[2], Art. XIV).

Question 123

The right of the people to a balanced and healthful ecology

Answer 123

Art. II, Sec. 16 of the Constitution provides: “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.”

Question 124

Intergenerational Responsibility

Answer 124

Every generation has a responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology.

Question 125

The Writ of Kalikasan

Answer 125

Remedy available to a natural or juridical person, entity authorized by law, people’s organizations, non-governmental organization, or any public interest group accredited by or registered with any government agency.

Question 126

Requisites for the Issuance of a W.o.K

Answer 126

1. There is an actual or threatened violation of the constitutional right to a balanced and healthful ecology;
2. The violation arises from an unlawful act or omission of a public official or employee, or private individual or entity;
3. The violation involves or will lead to environmental damage that would prejudice the life, health, or property of inhabitants in two or more cities or province.

Question 127

Equal access to opportunity for public service and prohibition against political dynasties

Answer 127

Art. II, Sec. 26 provides that “the State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.” (Not a self-executing provision)

Question 128

Political Dynasty

Answer 128

Political Dynasty: the concentration, consolidation, or perpetuation of public office and political power by persons related to one another.

There is still no law defining pol dy and the extent of its prohibition in the context of the right to run for public office.

Question 129

R.A. No. 10742 or the Sangguniang Kabataan Reform Act of 2015

Answer 129

This defined political dynasty as a “person cannon serve as SK official if he is related within the second degree of consanguinity or affinity”: (1) to any incumbent elected national official; or (2) to any incumbent elected regional, provincial, city, municipal, or barangay official, in the locality where he or she seeks to be elected.

Question 130

Education

Answer 130

1. Quality Education: the appropriateness, relevance and excellence of the education given to meet the needs and aspirations of the individual and society.
2. Accessible Education: equal opportunities to education regardless of social and economic differences.
3. Relevant Education: mandates an education system that is complete, adequate, and integrated. Education levels are regulated by different agencies of the government.
4. Free Education:
   *Free public elementary education – compulsory for all, but parents can opt to educate their own children or to enroll them in private schools.
   *Free public high school education – the State is also obligated to ensure access to free public HS education, but it is not

Question 131

Requirements for “Religion” to be taughts in Public Schools

Answer 131

Religion shall be allowed to be taught to students in public schools subject to the following conditions:

• There must be consent expressed in writing by the parents or guardians
• The option of parents and guardians is available only in public elementary and high schools
• It shall be taught within the regular class hours
• It shall be taught by instructors designated or approved by the religious authorities of the religion to which the children/wards belong; and
• No additional cost is incurred by the government for such instruction, other than that incidental to the use of the facilities of the school.

Question 132

Academic freedom

Answer 132

Academic freedom shall be enjoyed in all institutions of higher learning (Art. XIV, Sec. 5[2]).
Shall be enjoyed in institutions of higher learning, in colleges and universities

PMA, as an institution of higher learning, enjoys academic freedom

Question 133

Features of the New Police Force

Answer 133

• One police force
• National in scope
• Civilian in character
• Administered and controlled by NAPOLCOM
• The authority of local executives over the police units in their jurisdiction shall be provided by law

Question 134

(Art. XI, Sec 15)

Answer 134

The right of the states to recover properties unlawfully acquired by public officials and employees (Art. XI, Sec 15)

The right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel.

NOTE: Applies only to civil actions for recovery of ill-gotten wealth, and not to criminal cases. Prescription of crimes is governed by special laws.

Question 135

Regalian Doctrine

Answer 135

Regalian Doctrine makes the state the source of any asserted right to any ownership of land.

All lands not appearing to be clearly within private ownership are presumed to belong to the state.

Public lands not shown to have been reclassified or released as alienable agricultural land or alienated to a private person by the State remain part of inalienable public domain.

Question 136

Public Trust Doctrine

Answer 136

Imposes a duty upon the State and its representatives of continuing supervision over the taking and use of appropriated water, and reaffirming the superiority of public rights over private rights for critical resources.

Question 137

Filipino First Policy

Answer 137

Second paragraph in Sec 10 Art XII
Self executing provision
Enforceable only in regard to the grants of rights, privileges and concessions covering national economy, patrimony and NOT every aspect of trade and commerce.
The Constitution recognizes the need for business exchange around the world despite the Filipino First Policy because it did not intent to pursue and isolationist policy.

Question 138

Country’s name, national anthem and national seal

Answer 138

SECTION 2. The Congress may, by law, adopt a new name for the country, a national anthem, or a national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law shall take effect only upon its ratification by the people in a national referendum.

Question 139

Philippine flag

Answer 139

SECTION 1. The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law.

Question 140

Change of Philippines Flag

Answer 140

Considering that the Constitution has fixed the colors and symbols that must be found in the Philippine flag, they cannot be changed by law, only through Constitutional amendment

Question 141

Constitutional Duties of the AFP

Answer 141

Protect the people and the state

Secure sovereignty of the state and the integrity of the national territory

Uphold and defend the 1987 Constitution of the Republic of the Philippines

Question 142

Features of the New Police Force

Answer 142

One police force
National in scope
Civilian in character
Administered and controlled by NAPOLCOM
The authority of local executives over the police units in their jurisdiction shall be provided by law

Question 143

One police force

Answer 143

Police force no longer consists of the national force and city/municipal force
Integrated into 1 PNP

Question 144

Parameter of Party-list election (under Election Law)

Answer 144

20% Allocation
2% Threshold
Three-seat Limit
Proportional Representation

Question 145

Qualifications of Party-List representatives

Answer 145

No person shall be nominated as party-list representative unless he is a natural-born citizen of the Philippines, a registered voter, a resident of the Philippines for a period of not less than one (1)year immediately preceding the day of the election, able to read and write, a bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election, and is at least twenty-five (25) years of age on the day of the election.

In case of a nominee of the youth sector, he must at least be twenty-five (25) but not more than thirty (30) years of age on the day of the election. Any youth sectoral representative who attains the age of thirty (30) during his term shall be allowed to continue in office until the expiration of his term.

Question 146

Parliamentary immunities and privileges

Answer 146

Privilege from arrest – Art. VI, Sec. 11
Speech and debate clause –Art. VI, Sec. 11

Question 147

Inhibitions

Answer 147

• Incompatible offices – Art. VI, Sec. 13, 1st sentence
• Forbidden offices - Art. VI, Sec. 13 (2nd sentence)
• Personal appearance as counsel (Art. VI, Sec. 14, first sentence)
• Financial interest in government (Art. VI, Sec. 13, second sentence)
• Intervention in certain matters (Art. VI, Sec. 13, last sentence)
• Financial accommodations (Art. XI, Sec. 16)

Question 148

THE DISQUALIFICATION OF THE MEMBER OF THE CONGRESS HOLDING ANOTHER OFFICE IS NOT ABSOLUTE

Answer 148

Exceptions (when a legislator can hold another office without forfeiting seat in Congress):
ü As member of Electoral Tribunal (Article VI, Sec 17)
ü As member of Commission on Appointment (Article VI, Sec 18)
ü As an ex officio member of the Judicial and Bar Council [Article VIII, Sec 8(1)]

Question 149

Election of officers – Art. VI, Sec. 16 (1)

Answer 149

(1) . The Senate shall elect its President and the House of Representatives, its Speaker, by a majority vote of all its respective Members. Each House shall choose such other officers as it may deem necessary.
The Congress is deemed organized upon election of the President of the Senate and House Speaker
Election is thru majority vote of the entire members of the House
Each house may decide to have officers than the above mentioned
The method and manner of election is in the sole control of each House

Question 150

Quorum

Answer 150

Quorum is that number of members of a body which, when legally assembled in their proper places, will enable the body to transport its proper business or that number which makes a lawful body gives it the power to pass upon a law or do any valid act.

Question 151

Majority

Answer 151

Majority, when required to constitute a quorum, means the number greater than half or more than half of any total.
Under Section 16(2), Article VI of the Constitution, a majority of each House shall constitute a quorum to do business.

Question 152

Doctrine of Shifting Majority

Answer 152

For each Congress to pass a bill, only the votes of the majority of those present in the session, there being a quorum, is required.

Question 153

Qualified majority (greater than simple but only by those present)

Answer 153

(a) In declaring state of war, 2/3 of Congress in joint session, voting separately
(b) In deciding on question of the President’s inability to discharge the powers and duties of his office, 2/3 of both houses, voting separately.

Question 154

Constitutional majorities (ALL members, not only present)

Answer 154

The number needed to approve an act does not change or shift and is not based on the number of members present but on the entire membership of the body

Question 155

Lesser than simple majority of ALL members

Answer 155

1. Where the Constitution requires a vote lesser than half of “all the members” of a house or of its entire composition, and not only of the members present

a. In affirming the Articles of Impeachment via 1/3 of the House of Representatives.

Question 156

Absolute majority

Answer 156

Where the Constitution requires an absolute majority or more than 50% of “all the members” of a House or of its entire composition, and not only of the members present
(a) In electing Senate President and Speaker of the HOR
(b) In granting tax exemptions
(c) In breaking the tie as the board of canvassers for presidential and vice-presidential elections
(d) In confirming the nomination of a Vice-President by the President, whenever there is vacancy
(e) In concurring to the amnesty granted by the President
(f) In submitting to the electorate, the question of calling a constitutional convention
(g) In revoking or extending the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus by the entire Congress in joint session, voting jointly.

Question 157

Supermajority

Answer 157

3. Supermajority (Art. VI, Sec. 16[3]; Art. VI, Sec. 27[1]; Art. VII, Sec. 21; Art. XVIII, Sec. 4; Art. XI, Sec. 3[6]); Art. XVII, Sec. 3; Art. XVII, Sec. 3)
   Where the Constitution requires a supermajority, or a fixed proportion greater than half of “all the members” of a House or of its entire composition, and not only the members present
   (a) In suspending or expelling a member via 2/3 of each house
   (b) In overriding a presidential veto via 2/3 of each house, voting separately
   (c) In concurring to treaties and international agreements via 2/3 of the Senate
   (d) In convicting an impeachable officer via 2/3 of the Senate
   (e) In calling a constitutional convention via 2/3 of the Congress in joint session, voting separately
   (f) In proposing to amend or revise the Constitution via ¾ of Congress in joint session, voting separately

Question 158

Electoral Tribunals

Answer 158

The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members

Question 159

Commission on Appointments

Answer 159

Composed of: (a) The Senate President as ex officio Chairman; (b) 12 members of the HOR elected by the HOR on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein.

Question 160

Commission on Appointments - Jurisdiction

Answer 160

Jurisdiction: President shall nominate and appoint the following subject to confirmation by/consent of the Commission on Appointments:
(1) Heads of Executive Departments
(2) Ambassadors, other Public Ministers, and Consuls
(3) Officers of the Armed Forces from the rank of Colonel or Naval Captain
(4) Regular Members of the Judicial and Bar Council
(5) Chairman and Commissioners of the Civil Service Commission
(6) Chairman and Commissioners of the Commission on Elections
(7) Chairman and Commissioners of the Commission on Audit
(8) Members of the Regional and Consultative Commission

Question 161

Powers of Congress

Answer 161

General Legislative Power – authority, under the constitution, to make laws, and to alter and repeal them.
Plenary – any power, deemed to be legislative by usage and tradition, is necessarily possessed by the Philippine Congress, unless the Constitution has lodged it elsewhere.

Question 162

Legislative oversight functions

Answer 162

Power of oversight embraces all activities undertaken by Congress to enhance its understanding of and influence over the implementation of legislation it has enacted. Oversight concerns post-enactment measures undertaken by Congress.
Purposes:
(a) to monitor bureaucratic compliance with program objectives
(b) to determine whether agencies are properly administered
(c) to eliminate executive waste and dishonesty
(d) to prevent executive usurpation of legislative authority
(e) to assess executive conformity with the congressional perception of public interest

Question 163

Legislative oversight functions - Three kinds

Answer 163

(a) Scrutiny – implies a lesser intensity and continuity of attention to administrative operations. Its primary purpose is to determine economy and efficiency of the operation of government activities.
example: budget hearings
(b) Investigation – Recognized by the Constitution under Art VI, Sec 12. It is however, an inherent power of the Congress.
Example: hearings in impeachment proceedings
(c )

Question 164

Instances When the Two Houses Vote Separately

Answer 164

Choosing the President
Determine President’s disability
Confirming the nomination of the Vice-President
Declaring existence of a state of war in joint session
Proposing Constitutional amendments

Question 165

Instances When the Two Houses Vote Jointly:

Answer 165

Revoking or extending proclamation suspending the privilege of writ of habeas corpus
Revoking or extending declaration of martial law

Question 166

Electoral Tribunals

Answer 166

Three (3) Supreme Court Justices designated by the Chief Justice, and
Six (6) members of the Chamber concerned (Senate or HOR) chosen on the basis of proportional representation from political parties and parties or organizations registered under the party-list system. Senior Justice shall act as Chairman.

Question 167

Power of Inquiry

Answer 167

Power of Inquiry – The power to conduct inquiries in aid of legislation is inherent in the power to legislate, and as such, the same may be exercised by the Congress even in the absence of any express constitutional grant.

Question 168

Limitations on the Power of Legislative Inquiry

Answer 168

It must be in aid of legislation;
In accordance with duly published rules of procedures; and
Right of person appearing in or affected by such inquiry shall be respected

Question 169

Sine Die

Answer 169

Sine die — with no appointed date for resumption

Question 170

Stopping the Clock

Answer 170

Procedure in which a legislature literally or notionally stops the clock (or moves the hands backwards), usually for the purpose of meeting a constitutional or statutory deadline.