Section 3.

State Immunity
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.

Principle and state policy

Sec 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.
Elements of a State (for municipal law purposes)

CODE: PTSG

1.

A community of persons, more or less numerous (PEOPLE)

2.

Permanently occupying a definite portion of territory (TERRITORY)

3.

Independent of external control (SOVEREIGNTY)

4.

Possessing an organized government to which the great body of inhabitants render habitual obedience (GOVERNMENT)

Definition of People

CODE: CNCH

1.

A Community of persons;

2.

Sufficient in Number;

3.

Capable of maintaining the continued existence of the community; and

4.

Held together by a common bond of law.

Definition of Sovereignty
1.

LEGAL sovereignty

1.

The supreme power to make law.

2.

It is lodged in the people.

1.

POLITICAL sovereignty

1.

The sum total of all the influences in a state,

2.

Legal and non-legal,

3.

Which determine the course of law.

1.

According to the Principle of AUTO-LIMITATION:

Sovereignty is the property of the state-force due to which it has the exclusive capacity of legal self-determination and self-restriction.

Definition of Government
1.

That institution or aggregate of institutions

2.

by which an independent society

3.

makes and carries out those rules of action

4.

which are necessary to enable men to live in a social state

5.

or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them.

Classification of governments
1. De jure

one established by the authority of the legitimate sovereign

2. De facto

one established in defiance of the legitimate sovereign

Classification of de facto governments

1.

1.

1.

De facto proper
1.

That government that gets possession and control of

2.

or usurps by force or by the voice of majority

3.

the rightful legal government

4.

and maintains itself against the will of the latter.

Government of paramount force

1.

That which is established and maintained by military forces

2.

who invade and occupy a territory of the enemy

3.

in the course of war.

That established as an independent government by the inhabitants of a country who rise in insurrection against the parent state.

Definition of Republican State

It is one wherein all government authority emanates from the people and is exercised by representatives chosen by the people.
Definition of Democratic State
This merely emphasizes that the Philippines has some aspects of direct democracy such as initiative and referendum.

Art2
1. The country shall be a republic and govern by 1 president
2. The People shall priority on renunciation war defense on country
3. The people shall make peace and not war
4. Young people have rights to support by parents.
5. Equal justice
Policy:
1. We shall have our own law.
2. Freedom to use weapon

3. State or country are compose of family

4. Education is the priority
5. Health shall be the priority of people
6. Take care of each other people
7. Take care of integrity of the country so the corruption will decrease

Separation of Powers
The Philippines is a republic with a presidential form of government wherein power is equally divided among its three branches: executive, legislative, and
judicial.
One basic corollary in a presidential system of government is the principle of separation of powers wherein legislation belongs to Congress, execution to the
Executive, and settlement of legal controversies to the Judiciary.
The Legislative branch is authorized to make laws, alter, and repeal them through the power vested in the Philippine Congress. This institution is divided
into the Senate and the House of Representatives.
The Executive branch is composed of the President and the Vice President who are elected by direct popular vote and serve a term of six years. The
Constitution grants the President authority to appoint his Cabinet. These departments form a large portion of the countrys bureaucracy.
The Judicial branch holds the power to settle controversies involving rights that are legally demandable and enforceable. This branch determines whether or
not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part and instrumentality of the government. It is made up of
a Supreme Court and lower courts.
The Constitution expressly grants the Supreme Court the power of Judicial Review as the power to declare a treaty, international or executive agreement,
law, presidential decree, proclamation, order, instruction, ordinance or regulation unconstitutional.

THE PRINCIPLE OF NON-DELEGATION OF POWER.

- Any attempt to abdicate the power is

unconstitutional and void, on the principle that potestas delegata non delegare potest. This principle is said to have originated
with the glossators, was introduced into English law through a misreading of Bracton, there developed as a principle of agency,
was established by Lord Coke in the English public law in decisions forbidding the delegation of judicial power, and found its
way into America as an enlightened principle of free government. It has since become an accepted corollary of the principle of
separation of powers. (5 Encyc. of the Social Sciences, p. 66.) The classic statement of the rule is that of Locke, namely: "The
legislative neither must nor can transfer the power of making laws to anybody else, or place it anywhere but where the people
have." (Locke on Civil Government, sec 142.) Judge Cooley enunciates the doctrine in the following oft-quoted language: "One
of the settled maxims in constitutional law is, that the power conferred upon the legislature to make laws cannot be delegated by
that department to any other body or authority. Where the sovereign power of the state has located the authority, there it must
remain; and by the constitutional agency alone the laws must be made until the Constitution itself is changed. The power to
whose judgment, wisdom, and patriotism this high prerogative has been intrusted cannot relieve itself of the responsibility by
choosing other agencies upon which the power shall be devolved, nor can it substitute the judgment, wisdom, and patriotism of
any other body for those to which alone the people have seen fit to confide this sovereign trust." (Cooley on Constitutional
Limitations, 8th ed., Vol. I, p. 224. Quoted with approval in U. S.vs. Barrias [1908], 11 Phil., 327.) This court posits the doctrine
"on the ethical principle that such a delegated power constitutes not only a right but a duty to be performed by the delegate by
the instrumentality of his own judgment acting immediately upon the matter of legislation and not through the intervening mind
of
another.
(U.
S.
vs.
Barrias,
supra,
at
p.
330.)
EXCEPTION OF NON-DELEGATION, PERMISSIBLE DELEGATION OF LEGISLATIVE POWERS. The rule, however,
which forbids the delegation of legislative power is not absolute and inflexible. It admits of exceptions. An exception sanctioned
by immemorial practice permits the central legislative body to delegate legislative powers to local authorities. "It is a cardinal
principle of our system of government, that local affairs shall be managed by local authorities, and general affairs by the central
authority; and hence while the rule is also fundamental that the power to make laws cannot be delegated, the creation of
municipalities exercising local self government has never been held to trench upon that rule. Such legislation is not regarded as
a transfer of general legislative power, but rather as the grant of the authority to prescribe local regulations, according to
immemorial practice, subject of course to the interposition of the superior in cases of necessity." On quite the same principle,
Congress is empowered to delegate legislative power to such agencies in the territories of the United States as it may select. A
territory stands in the same relation to Congress as a municipality or city to the state government. Courts have also sustained the
delegation of legislative power to the people at large. Some authorities maintain that this may not be done. However, the
question of whether or not a state has ceased to be republican in form because of its adoption of the initiative and referendum

has been held not to be a judicial but a political question, and as the constitutionality of such laws has been looked upon with
favor by certain progressive courts, the sting of the decisions of the more conservative courts has been pretty well drawn.
Doubtless, also, legislative power may be delegated by the Constitution itself. Section 14, paragraph 2, of article VI of the
Constitution of the Philippines provides that "The National Assembly may by law authorize the President, subject to such
limitations and restrictions as it may impose, to fix within specified limits, tariff rates, import or export quotas, and tonnage and
wharfage dues." And section 16 of the same article of the Constitution provides that "In times of war or other national
emergency, the National Assembly may by law authorize the President, for a limited period and subject to such restrictions as it
may prescribe, to promulgate rules and regulations to carry out a declared national policy." It is beyond the scope of this
decision to determine whether or not, in the absence of the foregoing constitutional provisions, the President could be
authorized to exercise the powers thereby vested in him. Upon the other hand, whatever doubt may have existed has been
removed
by
the
Constitution
itself.
TESTS TO DETERMINE VALIDITY OF DELEGATION. In testing whether a statute constitutes an undue delegation of
legislative power or not, it is usual to inquire whether the statute was complete in all its terms and provisions when it left the
hands of the legislature so that nothing was left to the judgment of any other appointee or delegate of the legislature. (6 R. C. L.,
p. 165.) In United States vs. Ang Tang Ho ([1922], 43 Phil., 1), this court adhered to the foregoing rule when it held an act of the
legislature void in so far as it undertook to authorize the Governor-General, in his discretion, to issue a proclamation fixing the
price of rice and to make the sale of it in violation of the proclamation a crime. (See and cf. Compaia General de Tabacos vs.
Board of Public Utility Commissioners [1916], 34 Phil., 136.) The general rule, however, is limited by another rule that to a
certain extent matters of detail may be left to be filled in by rules and regulations to be adopted or promulgated by executive
officers and administrative boards. (6 R. C. L., pp. 177-179.)

Definition of Legislative Power:

The authority to make laws and to alter or repeal them.
Classification of legislative power: (O De CO)
1.

Original Possessed by the people in their sovereign capacity

2.

Delegated Possessed by Congress and other legislative bodies by virtue of the Constitution

3.

Constituent The power to amend or revise the Constitution

4.

Ordinary The power to pass ordinary laws

Note:
The original legislative power of the people is exercised via initiative and referendum. In this manner, people can directly propose and enact laws, or
approve or reject any act or law passed by Congress or a local government unit.

Limits on the legislative power of Congress:

1.

Substantive limitations on the content of laws. E.g. no law shall be passed establishing a state religion.

1.

Procedural limitations on the manner of passing laws. E.g. generally a bill must go through three readings on three separate days.

Note:
Provided that these two limitations are not exceeded, Congress legislative power is plenary.

Corollaries of legislative power:

1.

Congress cannot pass irrepealable laws. Since Congress powers are plenary, and limited only by the Constitution, any attempt to limit the powers
of future Congresses via an irrepealable law is not allowed.

1.

Congress, as a general rule, cannot delegate its legislative power. Since the people have already delegated legislative power to Congress, the latter
cannot delegate it any further.

EXCEPTIONS:
1.

Delegation of legislative power to local government units;

2.

Instances when the Constitution itself allows for such delegation [see Art. VI Sec. 23(2)]

What may Congress delegate:

Congress can only delegate, usually to administrative agencies, RULE-MAKING POWER or LAW EXECUTION. This involves either of two tasks for the
administrative agencies:
1.

Filling up the details on an otherwise complete statute; or

2.

Ascertaining the facts necessary to bring a contingent law or provision into actual operation.

Sections 2-4. SENATE

Composition
24 senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.
Qualifications
1.

Natural-born citizen;

2.

At least 35 years old on the day of election;

3.

Able to read and write;

4.

A registered voter; and

5.

Philippine resident for at least 2 years immediately preceding the day of the election.

Note: The qualifications of both Senators and Members of the House are limited to those provided by the Constitution. Congress cannot, by law, add or
subtract from these qualifications.
Term of Office:
6 years, commencing (unless otherwise provided by law) at noon, 30 June next following their election.
Term Limitations:
1.

No Senator shall serve for more than 2 consecutive terms.

2.

Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term
for which he was elected.

Sections 5-7. HOUSE OF REPRESENTATIVES

Composition:
1.

Not more than 25 members, unless otherwise fixed by law; and

2.

Party-list Representative

Election of 250 members

1.

They shall be elected from legislative districts apportioned among the provinces, cities and the Metropolitan Manila area.

2.

Legislative districts are apportioned in accordance with the number of inhabitants of each area and on the basis of a uniform and progressive ratio.

1.

Each district shall comprise, as far as practicable, contiguous, compact and adjacent territory;

2.

Each city with at least 250,000 inhabitants will be entitled to at least one representative.

3.

Each province will have at least one representative.

4.

Legislative districts shall be re-apportioned by Congress within 3 years after the return of each census. According to Jack, however, while the
apportionment of districts is NOT a political question, the judiciary CANNOT compel Congress to do this.

5.

The standards used to determine the apportionment of legislative districts is meant to prevent gerrymandering, which is the formation of a
legislative district out of separate territories so as to favor a particular candidate or party.

Qualifications
1.

Natural born citizen of the Philippines;

2.

At least 25 years old on the day of the election;

3.

Able to read and write;

4.

Registered voter in the district he seeks to represent; and

5.

A resident of such district for at least one year immediately preceding the day of the election.

Term of Office
1.

Each member of the House shall be elected for a term of three (3) years which shall commence (unless otherwise provided for by law) at noon on
30 June next following their election.

2.

Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term
for which he was elected.

Term Limitations
No member of the House of Representatives shall serve for more than three (3) consecutive terms.
Distinctions between Term and Tenure
1.

Definition

1.

Terms means the period during which the elected officer is legally authorized to assume his office and exercise the powers thereof.

2.

Tenure is the actual period during which such officer actually holds his position.

1.

Limitation/Possible Reduction
1.

Term CANNOT be reduced.

2.

Tenure MAY, by law, be limited. Thus, a provision which considers an elective office automatically vacated when the holder thereof
files a certificate of candidacy for another elective office (except President and Vice-President) is valid, as it only affects the officers
tenure and NOT his constitutional term.

Party-List Representatives
1.

Constitute 20% of the total number of representatives, including those under the party-list system (thus a maximum of 50 party-list members of the
House)

1.

However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92, 92-95 and 95-98 terms), 25 seats shall be allotted to sectoral
representatives. Under Art. XVIII, Sec. 7, the sectoral representatives are to be appointed by the President until legislation otherwise provides.

1.

Mechanics of the party-list system:

1.

Registered organizations submit a list of candidates in order of priority.

2.

During the elections, these organizations are voted for at large.

3.

The number of seats that each organization gets out of the 20% allotted to the system depends on the number of votes they get.

1.

Qualifications

1.

Natural born citizen of the Philippines

2.

At least 25 years of age on the day of the election

3.

Able to read and write

Sec. 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy in the manner
prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term.
Sec. 10. Salaries of Senators and Members of the House
Determination of Salaries:
Salaries of Senators and Members of the House of Representatives shall be determined by law.
Rule on increase in salaries:
No increase in their salaries shall take effect until after the EXPIRATION OF THE FULL TERM (NOT TENURE) OF ALL THE MEMBERS OF THE
SENATE AND THE HOUSE OF REPRESENTATIVES APPROVING SUCH INCREASE.
Note: Since the Constitution provides for rules on salaries and not on emoluments, our distinguished legislators can appropriate for themselves other
sums of money such as travel allowances, as well as other side benefits.
Sec. 11: CONGRESSIONAL IMMUNITIES
1.)

2.)

Immunity from arrest:

1.

Legislators are privileged from arrest while Congress is in session with respect to offenses punishable by up to 6 years of imprisonment. Thus,
whether Congress is in regular or special session, the immunity from arrest applies.

2.

If Congress is in recess, members thereof may be arrested.

3.

The immunity is only with respect to arrests and NOT to prosecution for criminal offenses.

Legislative privilege:
1.

No member shall be questioned or held liable in any forum other than his/her respective Congressional body for any debate or speech in the
Congress or in any Committee thereof.

1.

Limitation on the privilege:

(i)
Protection is only against forum other than Congress itself. Thus for inflammatory remarks which are otherwise privileged, a member may be
sanctioned by either the Senate or the House as the case may be.
(ii)
The speech or debate must be made in performance of their duties as members of Congress. This includes speeches delivered, statements
made, votes cast, as well as bills introduced, and other activities done in performance of their official duties.
(iii)
Congress need NOT be in session when the utterance is made, as long as it forms part of legislative action, i.e. part of the deliberative and
communicative process used to participate in legislative proceedings in consideration of proposed legislation or with respect to other matters with Congress
jurisdiction.

Sec. 12. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and
business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of
which they are authors.

Sec. 13-14: CONGRESSIONAL DISQUALIFICATIONS:

Disqualifications:
DISQUALIFICATION

WHEN APPLICABLE

1. Senator/Member of the House cannot hold any other

office or employment in the Government or any
subdivision, agency or Instrumentality thereof, including
GOCCS or their subsidiaries.

During his term. If he does so, he forfeits his seat.

2. Legislators cannot be appointed to any office.

IF the office was created or the emoluments thereof

increased during the term for which he was elected.

3. Legislators cannot personally appear as counsel before

any court of justice, electoral tribunal, quasi-judicial and
administrative bodies.

During his term of office.

4. Legislators cannot be financially interested directly or

During his term of office.
indirectly in any contract with or in any franchise, or special
privilege granted by the Government, or any subdivision,
agency or instrumentality thereof, including any GOCC or
its subsidiary.
5. Legislators cannot intervene in any matter before any
office of the government.

When it is for his pecuniary benefit or where he may be

called upon to act on account of his office.

Sec. 15: REGULAR AND SPECIAL SESSIONS

Regular Sessions:
1.)

Congress convenes once every year on the 4th Monday of July (unless otherwise provided for by law)

2.) Continues in session for as long as it sees fit, until 30 days before the opening of the next regular session, excluding Saturdays, Sundays, and legal
holidays.
Special Sessions:
Called by the President at any time when Congress is not in session.
Sec. 16. Officers:
1.)

Senate President;

2.)

Speaker of the House; and

3.)

Each House may choose such other officers as it may deem necessary.

Election of Officers
By a majority vote of all respective members.
Quorum to do business:

1.

Majority of each House shall constitute a quorum.

2.

A smaller number may adjourn from day to day and may compel the attendance of absent members.

3.

In computing a quorum, members who are outside the country and thus outside of each Houses coercive jurisdiction are not included.

Internal Rules:
1.

Each House shall determine its own procedural rules.

2.

Since this is a power vested in Congress as part of its inherent powers, under the principle of separation of powers, the courts cannot intervene in
the implementation of these rules insofar as they affect the members of Congress.

3.

Also, since Congress has the power to make these rules, it also has the power to ignore them when circumstances so require.

Discipline:
1.)

2.)

Suspension
1.

Concurrence of 2/3 of ALL its members and

2.

Shall not exceed 60 days.

Expulsion
1.

Concurrence of 2/3 of ALL its members.

Congressional Journals and Records:

1.) The Journal is conclusive upon the courts.
2.)

BUT an enrolled bill prevails over the contents of the Journal.

3.) An enrolled bill is the official copy of approved legislation and bears the certifications of the presiding officers of each House. Thus where the
certifications are valid and are not withdrawn, the contents of the enrolled bill are conclusive upon the courts as regards the provision of that particular bill.
Adjournments:
1.)

Neither House can adjourn for more than 3 days during the time Congress is in session without the consent of the other House.

2.)

Neither can they adjourn to any other place than that where the two houses are sitting, without the consent of the other.