8/8/2019 Concepts - Poli (Prelims)
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STATE- Community of persons, more or less numerous,
permanently occupying a fixed territory andpossessed of an
independent governmentestablished for political ends, and to which
thegreat body of its inhabitants render habitualobedience
ELEMENTS OF THE STATE1. People inhabitants of the state, no
legal
requirements as to its number but it must belarge enough to be
self-sufficing and defenditself and small enough to be
easilyadministered and sustained. It must becomposed of opposite
sex for procreation
2. Territory fixed portion on the surface of theearth inhabited
by the people
3. Government agency or instrumentality towhich the will of the
people is formulated,expressed and realized
4. Sovereignty supreme and uncontrollablepower inherent in every
state by which thatstate is governed
STATE IMMUNITY
- The state cannot be sued without its consent.The basis of
which according to Justice Holmesis that there can be no legal
right against theauthority which makes the law and to whichthat
right is based. Also, under the rule par inparem non habet imperium
which means thatall states are sovereign equals and cannotassert
jurisdiction over one another
- The determination of the executive arm of thegovernment that a
state is entitled to immunityis a political question and conclusive
upon thecourts. It is the duty of the courts to acceptsuch claim as
not to embarrass the executivearm of the govt in conducting its
foreign
relations
- The state may if it desires to divest itself of themantle of
sovereign immunity and therebyopen itself to suit. The state may be
sued if itgives it consent. Such consent may be givenexpressly or
impliedly. Express consent ismanifested through a general or
special lawwhile implied consent is given when the stateitself
commences litigation or enters into acontract. In the case of the
latter, it is deemedthat the state descended to the level of
anordinary individual. However, it is necessary todistinguish
between sovereign and
governmental acts (jure imperii) and private,commercial and
propriety acts (jure gestionis). The restrictive theory now applies
regardingimplied consent when govt enters into acontract. There is
implied consent to be suedonly with regards to acts jure gestionis.
State isentitled immunity to acts jure imperii.
- If there is consent to be sued, it does not meanthat there is
also consent to the execution ofjudgment against it. Another waiver
is needed.Public funds cannot be the object ofgarnishment
proceedings. Necessaryappropriation must be done are required
by
law. For diversion of public funds may paralyzethe operations of
the government.
DOCTRINE OF INCORPORATION- By reason of the Philippines
membership in the
family of nations, the generally acceptedprinciples of
international law are consideredautomatically part of its own laws.
This isconsistent with Section 2 of Art.2. Moreoverunder the rule
of pacta sunt servandainternational agreements must be observed
ingood faith
DOCTRINE OF SEPARATION OF POWERS- This is intended to prevent
concentration o
authority in one person. In the words of JusticeLaurel, the
purpose of such doctrine is tosecure action, forestall inaction,
preventdespotism and obtain efficiency.
CHECKS AND BALANCES- One department is allowed to resist
encroachments upon its prerogatives or torectify mistakes or
excesses committed by theother departments
POLITICAL QUESTIONS
- Those questions under the Constitution are tobe decided by the
people in their sovereigncapacity and those in regard to which
fuldiscretionary authority is delegated to theexecutive and
legislative branch ogovernment. It is concerned with
issuesdependent upon the wisdom and not thelegality of a the
issue
- However, under the new consti, the scope othe political
questions appears to have beenconsiderably constricted. The power
of thecourts now includes the duty to determineWON there has been a
grave abuse odiscretion amounting to lack or excess
ojurisdiction..
DELEGATION OF POWERS- Potestas delegata non delegari potest
wha
has been delegated cannot be delegated
REFERENDUM- Method of submitting an important legislative
measure to a direct vote of the whole people
PLEBISCITE- Device to obtain a direct popular vote on a
matter of political importance
LOCAL GOVERNMENTS- The territorial and political subdivisions of
the
RP are the provinces, cities, municipalities andbaranggays.
There shall be autonomousregions in Muslim Mindanao and the
cordilleras
- Various arms which political authority is madeeffective.
