Constitutional Law 1 “The 1987 Philippine Constitution took

effect on February 2, 1987, the date of the

What is Political Law? plebiscite, and not on the date its ratification
“Political Law is that branch of public was proclaimed.” (De Leon v. Esguerra,
law which deals with the organization and G.R.. No. 78059, August 31, 1987).
operations of the governmental organs of the
State and defines the relations of the State
with the inhabitants of its Territory.” (People
v. Gerero, G.R. NO. L-1463, October 4,
1922)
Political Law embraces Constitutional
Law I and II, Administrative Law, the Law of
Public Officers, Election Law, and the Law on
Municipal Corporations.

What is Constitutional Law?

“It is that branch of law which treats of
the nature of Constitutions, their
establishment, construction and interpretation,
and of the validity of legal enactments as
tested by the criterion of conformity to the
fundamental law.” (Blacks Law Dictionary,
1969).

Etymology of Constitution?
The word “Constitution,” came from the
Greek word, “constituere,” which means, “to
establish.”

What is Constitution?
“A body of rules and maxims in
accordance with which the powers of
sovereignty are habitually exercised.”
(Thomas Cooley, Constitutional
Limitations, 1868, p.4)

What is the Purpose of the Constitution?

“It prescribes the permanent framework
of a system of government, assigns to the
different departments their respective powers
and duties, and establishes certain fixed
principles on which the government was
founded.” (Manila Prince Hotel v. GSIS,
G.R. No. 122156, February 3, 1997.)

Constitution of the Philippines

“It is that written instrument enacted by
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.”
(Justice Malcolm, Philippine
Constitutional Law, 1926).

Effectivity of the 1987 Philippine

Constitution
CONSTITUTIONAL LAW 1
CHAPTER 3: CONCEPT OF A STATE
1.) What is a State? who actually establishes all institutions for
“State is a community of persons, more which they will be governed.
or less numerous, occupying as definite portion Population refers to the “inhabitants.”
of territory, independent or nearly so of of the State.
external control, and possessing a government People is the prime element of
of their own to which the great body of Statehood as it is the people who defines their
inhabitants render habitual obedience.” territory, establishes their own government,
(James Wilford Garner). and declares their sovereignty.
The State is a “Legal Entity,” recognized
as an, “individual,” in the international arena. Is there a Legal Requirement as to the
Number of the inhabitants of a State?
What is a Nation? There is no legal requirement as to the
“A nation is a body of people who feel number of the inhabitants of the State.
themselves to be naturally linked together by Nevertheless, the inhabitants of the State
certain affinities which are so strong for them should be progressive.
to live together. They are dissatisfied when “The population of the State should be
disunited and cannot tolerate subjection to large enough to make the state self-sufficing,
people who do not share the same ties.” while it should be small enough to make it fit
(Ramsay Muir). for good government.” (Aristotle)
The concept of nation is in itself,
“racial,” “ethnographic,” and a cultural 2.) DEFINED TERRITORY
concept. It refers to the area to which the State
exercises its power and authority.
Etymology of Nation The extent of Philippine Territory are
“The term, ‘nation,’ strictly speaking, as enshrined in Article 1 of the 1987 Philippine
evidence by its etymology, ‘nasci,’ which Constitution,
means ‘to be born,’, indicates a relation of
birth or origin and implies a common race, “Article 1 of the 1987 Philippine
usually by community of language and Constitution.”
customs.” (Hackworth). “The national territory comprises the Philippine
archipelago, with all the islands and waters
What are the Elements of a State? embraced therein, and all other territories over
The elements of the State are which the Philippines has sovereignty or
necessary for a State to be born. The absence jurisdiction, consisting of its terrestrial, fluvial,
of one would not constitute a State. If an entity and aerial domains, including its territorial sea,
already satisfied all the necessary requisites of the seabed, the subsoil, the insular shelves,
Statehood, that entity becomes a State itself and other submarine areas. The waters around,
(Declarative Theory), even without the between, and connecting the islands of the
recognition of other States (Constitutive archipelago, regardless of their breadth and
Theory). dimensions, form part of the internal waters of
the Philippines.”
“Article 1 of the Montevideo Convention
on the Rights and Duties of States.” (READ THE CASE OF PROF. MERLIN M.
“The State as a person of international law MAGALLONA, ET AL. VS. HON. EDUARDO
should possess the following qualifications: (a) ERMITA ET AL., G.R. NO. 187167, AUGUST
a permanent population; (b) a defined 16, 2011.)
territory; (c) government; and (d) capacity to
enter relations with other States. 3.) GOVERNMENT
The Government is the formal
The following are the 4 Fundamental Elements instrumentality or agency through which the
of Statehood in conformity with Article 1 of the will of the State is formulated, expressed, and
Montevideo Convention on the Rights and realized.
Duties of States:
1.) PERMANENT POPULATION Is there a Legal Requirement as to what
Population, as an element of State, is form of government a State must or
the most important element of Statehood, on should adopt?
the grounds that, it is the People themselves There is no legal requirement relative to
the form of government a State must adopt.
CONSTITUTIONAL LAW 1
CHAPTER 3: CONCEPT OF A STATE
The Government of a State is entirely Constituent Functions constitute the
dependent upon the will of the people, very bonds of society and are therefore
deciding as to how they shall govern compulsory.
themselves.
In the case of the Republic of the 2.) Ministrant Functions
Philippines, the Philippines adopts a Ministrant Functions are those taken to
democratic and republican form of advance the general interest of society such as
government. public works, public charity, and regulation of
trade and industry.
What form of Government does the 4.)
Philippine adopts?

“Article 1, of the 1987 Philippine

Constitution.”
“The Philippines is a democratic and republican
State. Sovereignty resides in the people and all
government authority emanates from them.”

1.) Democratic Form of Government/

Democracy
“Is a form of government by which the
ultimate authority is vested upon the people.”

2.) Republican Government/Indirect

Democracy
“Is a form of government though which
the people elect their representatives in the
government.”

The State and the Government

“The State is an ideal person, invisible,
intangible, immutable, and existing only in the
contemplation of law; the government is an
agent and, within the sphere of its agency, it is
a perfect representative, but outside of that, it
is a lawless usurpation.”

Ultimate mandate of the Government

(Acts of the State and Acts of the
Government)
The mandate of the government from
the State is to promote the welfare of the
nation. Accordingly, whatever good is done by
the government is attributed to the State (Acts
of the State), but every harm inflicted on the
people is imputed not on the State but to the
government alone (Acts of the Government).
Such injury may justify the replacement
of the government by revolution, theoretically
at the behest of the State, in a development
known as “Direct State Action.”

Functions of the Government

The government performs two kinds ofg
funstions:

1.) Constituent Functions

CONSTITUTIONAL LAW 1
CHAPTER 3: THE DOCTRINE OF STATE IMMUNITY
DOCTRINE OF STATE IMMUNITY/ NON- freedom, cooperation, and amity with all
SUABILITY OF STATES nations.”

General Rule: The State cannot be sued. Doctrine of Incorporation

Exception to the General Rule: “Principle of Generally accepted principles of the
Waiver of Immunity” provides that, “The State international law form part of the law of the
can be sued when the State gives it consent to land even without legislation making the same
be sued.” (Section 3, Article 16, of the operative in the country.
1987 Philippine Constitution.)
2.) International Law
Forms of Consent: How Consent (to be
sued) is Given? Doctrine of Non-Suability of States as
1) Expressed Consent applied to the Foreign States that are
a) Through General Law; or sought to be sued in the court of a Local
b) Through Special Law. State. (Can a State Sue another State?
“In the case of the foreign state sought
2) Implied Consent to be impleaded in the local jurisdiction, the
a) When the State enter into business added inhibition is expressed in the maxim par
contracts with individuals (performing in parem, non habet imperium. All States are
proprietary functions), jure gentionis; sovereign equals and cannot assert jurisdiction
b) When the State commences litigation over one another. A contrary disposition would,
and becomes vulnerable to counter in the language of a celebrated case, “unduly
claims; vex the peace of nations.” (De Haber v.
c) When it would be inequitable for the Queen of Portugal, 17 Q.B. 171).
State to invoke immunity; and
d) In eminent domain cases. (Section 9, 3.) Jurisprudence
Article 3, of the 1987 Philippine
Constitution). a) Positivist Theory (Doctrine of Royal
Prerogative).
LEGAL BASES
The following constitutes justifications Doctrine of Non-Suability of States as
to the doctrine of state immunity; applied to the Local State. (Can the State
be sued by its own court of law?)
1.) Constitutional Basis The Doctrine of non-suability of States
is based not on any formal conception or
“Section 3, Article 16, of the 1987 obsolete theory but on the logical and practical
Philippine Constitution.” ground that “there can be no legal right
“The State cannot be sued without its against the authority which makes the law on
consent.” which the right depends.” (Kawanakoa v.
Polybank, 205 U.S. 349).
This provision is merely a recognition of
the sovereign character of the State and an b) Sociological Theory
express affirmation of the unwritten rule “If the State is amenable to suits, all its
insulating it from the jurisdiction of the courts time would be spent defending itself from suits
of justice. and this would prevent it from performing its
The rule that a “state may not be sued other functions.” (Republic v. Villasor, G.R.
without its consent,” is a generally accepted no. L-30671, 1973).
principle incorporated in the Philippine Law, in
conformity with Section 2, Article 2, of the
1987 Philippine Constitution. RESTRICTIVE RULE OF STATE IMMUNITY
This rule provides that foreign states
“Section 2, Article 2, of the 1987 would not at at all times be immune from all
Philippine Constitution.” suits filled against it before courts of a host or
“The Philippines renounces war as an local state.
instrument of national policy, adopts the “This traditional rule of State immunity
generally accepted principles of international which exempts a State from being sued in the
law as part of the law of the land and adheres courts of another state without the former’s
to the policy of peace, equality, justice, consent or expressed waiver has evolved into a
CONSTITUTIONAL LAW 1
CHAPTER 3: THE DOCTRINE OF STATE IMMUNITY
restrictive doctrine which distinguishes The usual practice is to file such claims
sovereign and governmental acts (jure imperii) not against the State, but against the officer of
from private, commercial and property acts the government who is supposed to discharged
(jure gestionis). The restrictive application of the responsibility or grant the redress
State immunity is proper only when the demanded.
proceedings arise out of commercial In this case, it is then important to
transactions of the foreign sovereign, its determine if whether or not the State is the
commercial activities and economic affairs.” real party in interest, that is, that the claim if
(Arigo v. Swift, G.R. No. 206510, proved will be a direct liability of the State and
September 16, 2014). not merely of the officer impleaded.

What is Jure Imperii SUIT AGAINNST THE STATE

Jure Imperii, as distinguished from Jure
Gestionis, refers to the sovereign and 1.) Four (4) Circumstances within which a
governmental acts of the State. Suit is regarded as a Suit Against the
State.
What is Jure Gestionis A suit is against the State, regardless of
Jure Gestionis, as distinguished from who is the named defendant:
Jure Imperii, refer to the private, commercial,
and property acts of the State. a) If it produces adverse consequences to
The fact that a sovereign state enters into a the public treasury in terms of
contract with a private party in the host state disbursement as well as loss of
would not necessarily result in the waivers of government property, regardless of
its sovereign immunity. The character of said the defense (Santiago v. Republic,
contract still need to be determined, such that G.R. No. L-48214, 1978);
said foreign state may be sued if its contract b) When the Republic is sued in its name;
were commercial in nature. c) When the suit is against an
unincorporated government agency;
Not any agency of a foreign state may or
properly invoke State Immunity to ward d) Even when the suit, on its face, is
off suits against it. against an officer but liability will
belong to/fall on the government.
1.) Germany for Technical Corporation v. (Bernas)
Court of Appeals.

Petitioners Contention: The petitioner 2.) Five (5) Circumstances within which a
moved to dismiss a complaint for illegal Suit is not regarded as a Suit Against the
dismissal filed against it before the National State;
Labor relations commission, contending that a) When it partakes of the nature of
the Labor Arbiter had no jurisdiction over it, as ordinary business rather than
it was the implementing agency of the Federal functions of a governmental or political
Republic of Germany and its acts were character;
undertaken in the discharge of the b) When the purpose of the suit is to
governmental functions of the government of compel an officer charged with the
the federal republic of Germany. duty of making payments pursuant to
an appropriation made by law in favor
Supreme Court’s Decision: The Court of the plaintiff to make such payment,
rejected these contentions stating that the since the suit is intended to compel
petitioner did not present adequate evidence performance of a ministerial duty.
to establish that it enjoys immunity from suit (Begosa v. Philippine Veteran
generally accorded to its parent country, the Association, G.R. No. L-25916,
Federal Republic of Germany, adding that, 1970);
“assuming that the characterization is correct, c) When it is clear that the respondent is
it does not automatically invest GTZ with the sued in his private capacity;
ability to invoke State Immunity from suit.” d) When the action is not in personam
with the government as the named
APPLICATION OF THE DOCTRINE OF STATE defendant, but an action in rem that
IMMUNITY
CONSTITUTIONAL LAW 1
CHAPTER 3: THE DOCTRINE OF STATE IMMUNITY
does not name the government in or diplomatic immunity is a political question
particular; or that is conclusive upon the courts. Where the
e) When the officer sued acted beyond plea of immunity is recognized and affirmed by
his official capacity; the executive branch, it is the duty of the
courts to accept this claim so as to not
Actions resulting from excess or without embarrass the executive arm of the
jurisdiction government in conducting the countries
Where a public officer acts without or in foreign relations.”
excess of jurisdiction, any injury caused by him
is his own personal liability and cannot be Power of the Department of Foreign
imputed to the State. Affairs to make a determination of
immunity from Suit
Instances where a Public Officer may be
sued 1.) German Agency for Technical
There are many instances when a public Cooperation v. Court of Appeals, G.R. No.
officer may be sued in his official capacity 152318, April 16, 2009.
without the necessity of first obtaining the
consent of the State to be sued. Principle Established: “The Supreme Court
1) A public officer may be impleaded to explained that an endorsement by the office
require him to do a duty required by law; of the solicitor general on the petitioners claim
or of State immunity, manifested in its comment
2) To restrain him from doing an act alleged filled in connection with said proceedings, does
to be unconstitutional or illegal; or not inspire the same degree of confidence as a
3) To recover from him taxes unlawfully certification from the DFA would have elicited.”
assessed or collected.
4) GENERAL RULE: Where an action is filed 2.) China National Machinery and
against an officer for recovery only of title Equipment Corporation v. Sta. Maria, G.R.
or possession of property, the said action No. 188572, February 7, 2012.
is not a Suit against the State for which
prior waiver of immunity is required. Principle Established: “The Executive
Endorsements (of the certification executed by
EXCEPTION: “But where there is in addition a the Economic and Commercial Office of the
claim for recovery of damages, such as Embassy of the People’s Republic of China on
accrued rentals, inasmuch as its allowance the purported sovereign immunity of the
would require the government to appropriate petitioner), made by the office of the Solicitor
the necessary amount for the satisfaction of General and of the Office of the Government
the judgement.” Corporate Counsel, clarifying that it is only the
Department of Foreign Affairs which has the
Duty of the Courts to recognized the authority to make a determination of immunity
determination of the Executive Arm of the from suit, although, in said case, the Court
government that a State or declared declared that it would not be
instrumentality is entitled to sovereign or precluded from making an inquiry into the
diplomatic immunity. intrinsic correctness of such certification.”

1.) The Holy See v. Rosario WAIVER OF IMMUNITY

“The Supreme Court dismissed a civil
complain against the petitioner after the
Department of Foreign Affairs had certified that
the embassy of the Holy See is a duly
accredited diplomatic mission to the Republic
of the Philippines exempt from local jurisdiction
and entitled to all the rights, privileges, and
immunities, of a diplomatic mission or embassy
in the Country.”

Principle Established: “The determination of

of the executive arm of the government that a
state or instrumentality is entitled to sovereign