SOME USEFUL NOTES RELATED TO JUDGE MELs directives
11. What are the elements of state?
As held in COLLECTOR VS. CAMPOS RUEDA, 42 SCRA 23, the elements of a state are. 1. people 2. territory 3. sovereignty 4. government
12. Are the two-fold function of government as enumerated by the Supreme Court in BACANI VS. NACOCO, 100 Phil. 468 (Ministrant [merely directory] and Constituent [Mandatory] Functions) still applicable today? No more as held in ACCFA VS. CUGCO, 30 SCRA 649. This is due to complexities of the changing society, the two-fold function of the government as classified by President Wilson is no longer relevant as a result of the changing society wherein what are considered merely ministrant functions of the State before are now considered constituent , or vice versa. 13. What kind of government was the Aquino Government after former President Marcos left Malaqcanang for Hawaii due to the EDSA Revolution in February 1986. As held in In Re: SATURNINO BERMUDEZ, 145 SCRA 160, the same is de jure. A government formed as a result of a peoples revolution, is considered de jure if it is already accepted by the family of nations or other countries like the United States, Great Britain, Germany, Japan, and others. 14. What are the three (3) kinds of de facto government? As held in CO KIM CHAM VS. VALDEZ TAN KEH, 75 Phil. 113, the three (3) kinds of de facto governments are: a. The first, or government de facto in a proper legal sense, is that government that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal governments and maintains itself against the will of the latter, such as the government of England under the Commonwealth, first by Parliament and later by Cromwell as Protector. b. The second is that which is established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which is denominated a government of paramount force, as the cases of Castine, in Maine, which was reduced to British possession in the war of 1812, and Tampico, Mexico, occupied during the war with Mexico, by the troops of the United States. c. And the third is that established as an independent government by the inhabitants of a country who rise in insurrection against the parent state of such as the government of the Southern Confederacy in revolt not concerned in the present case with the first kind, but only with the second and third kinds of de facto governments. But there is another description of government, called also by publicists a government de facto, but which might, perhaps, be more aptly denominated a government of paramount force. Its distinguishing characteristics are (1), that its existence is maintained by active military power with the territories, and against the rightful authority of an established and lawful government; and 2
(2), that while it exists it necessarily be obeyed in civil matters by private citizens who, by acts of obedience rendered in submission to such force, do not become responsible, or wrongdoers, for those acts, though not warranted by the laws of the rightful government.
15. What is the postliminy theory or jus postliminium? When a foreign power occupies a state and exercises the powers of government, the political laws of the said state are deemed automatically suspended but the former government automatically comes to life and will be in force and in effect again upon the re-establishment of the former government. (Taylor, International Law, p. 615.) 16. What is the doctrine of sovereignty as auto limitation? In the succinct language of Jellinek, it is the property of a state-force due to which it has the exclusive capacity of legal self-determination and self-restriction. A state then, if it chooses to, may refrain from the exercise of what otherwise is illimitable competence. The opinion was at pains to point out though that even then, there is at the most diminution of jurisdictional rights, not its disappearance. (Cited in Reagan vs. Commissioner, PEOPLE VS. GOZO, 53 SCRA 476 and COMMISSIONER VS. ROBERTSON, 143 SCRA 397) 17. What is the incorporation theory or the Incorporation Clause of the Constitution? It is the principle embodied in Section 2, Article II of the Constitution which states that The Philippines adopts the generally accepted principles of international law as part of the law of the land. (MEJOFF VS. DIRECTOR OF PRISONS, 90 Phil. 70, KURODA VS. JALANDONI, 83 Phil 171, and AGUSTIN VS. EDU, 88 SCRA 195). 18. In case of conflict between a constitutional right of a citizen and a generally accepted principle of international law, which shall prevail? In the case of 4) AGUSTIN VS. EDU, 88 SCRA 195REYES VS. BAGATSING,125 SCRA 553, the Supreme Court held that the constitutional right shall prevail. Though Article 22 of the Vienna Convention on Diplomatic Relations prohibits rallies within 500 feet of any foreign embassy, the same shall give way to the constitutional right of the citizens to peaceably assemble and to petition the government for redress of their grievances. 19. May a citizen refuse to render personal military service/training because he does not have military inclination or he does not want to kill or be killed? No as held in PEOPLE VS. LAGMAN, 66 Phil. 13. The appellants argument that he does not want to join the armed forces because he does not want to kill or be killed and that he has no military inclination is not acceptable because it is his obligation to join the armed forces in connection with the defense of the State provision of the Constitution. 20. Is the separation of church and state a myth or a reality? It is a reality as shown by the following provisions of the Constitution. 1. ART. III, Sec. 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. NO RELIGIOUS TEST SHALL BE REQUIRED FOR THE EXERCISE OF CIVIL OR POLITICAL RIGHTS. 2. ART. VI, Sec. 28 (3). Charitable institutions, churches, mosques, non-profit cemeteriesactually, directly and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation. 3. ART. VI, Sec. 29 .(2). No public money or property shall be appropriated, applied, paid, for the benefit, directly or indirectly, for the use, benefit, or support of any sect, church, denomination or religion, except when such priest, minister.. is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium. 3
4. ART. IX, C, 2(5). Religious denominations and sects shall not be registeredas political parties. (NOTE: Religious organizations are also prohibited ion connection with sectoral representatives under Art. VI) 5. ART. XIV, Sec. 3(3). At the option in writing by parents, religion shall be allowed to be taught to their children in elementary and high schools within the regular class hours by instructors designated or approved by religious authorities to which said children belong, without additional cost to the government.
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CIR VS CAMPOS RUEDA
State defined. International personality of a nation does not bar a nation to be considered as a "foreign country", i.e. California of the American Union, although not internationally recognized, is still referred as a foreign country.
BACANI VS NACOCO - "Government" may be defined as "that institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state, or which are imposed upon the people forming that society by those who posses the power or authority of prescribing them"- Government functions are two-fold: Constituent and Ministrant-
CONSTITUENT: constitute the very bounds of society (keeping order and protection) and arecompulsory in nature-
keeping of order and providing for the protection of persons and property from violence androbbery-
fixing of legal relations between man and wife and parents and children-
regulation of the holding, transmission and interchange of property and the determination of itsliabilities for debt and crime-
determination of contract rights between individuals-
definition and punishment of crime-
administration of justice in civil cases-
determination of the political duties, privileged and relations of citizens-
dealing of the state of foreign powers-
MINISTRANT: undertaken only by way of advancing the general interests of society, and are merelypolitical-
GOCCs-
Municipal/Public corporations vs. private corporations- The Principles determining whether or not a government shall exercise certain of these optional functions are:-
-that a government should do for the public welfare those things which private capital would not naturally undertake -that the government should do this things which by its very nature it is better equipped to administer for the public welfare than any private individual or group of individuals.
PVTA vs CIR
- PVTA was established mainly to improve the quality of locally manufactured cigarettes- The Bacani doctrine has been laid down to rest
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THE AGRICULTURAL CREDIT and COOPERATIVE FINANCING ADMINISTRATION (ACCFA), petitioner,
vs.
ACCFA SUPERVISORS' ASSOCIATION, ACCFA WORKERS' ASSOCIATION, and THE COURT OF INDUSTRIAL RELATIONS, respondents
FACTS:
The Federation of Unions and the ACCFA entered in to a collective bargaining agreement. After a year, the Unions filed a complaint with Court of Industrial Relations against the ACCFA (Case No. 3450-ULP) for having allegedly committed acts of unfair labor practice, namely: violation of the collective bargaining agreement in order to discourage the members of the Unions in the exercise of their right to self-organization, discrimination against said members in the matter of promotions, and refusal to bargain. The court ruled in favor of the Unions. However,ACCFA denied the allegations and questioned the jurisdiction of the said court.ACCFA was named Agricultural Credit Commission after the approval of theAgricultural Land Reform Code (Republic Act No. 3844). ACA filed a petition forcertiorari with urgent motion to pause the CIR order. As prayed for, the SC ordered the CIR to stay the execution of its order. In this appeal, the ACA in effect challenges the jurisdiction of the CIR to entertain the petition of the Unions for certification election on the ground that it (ACA) is engaged in governmental functions. The Unions join the issue on this single point, contending that the ACA forms proprietary functions.
ISSUE: Whether the ACA is engaged in governmental or proprietary functions.
HELD: Insofar as the fringe benefits already paid are concerned, there is no reason to set aside the decision of the respondent Court, but that since the respondent Unions have no right to the certification election sought by them nor, consequently, to bargain collectively with the petitioner, no further fringe benefits may be demanded on the basis of any collective bargaining agreement. The implementation of the land reform program of the government according to Republic Act No. 3844 is most certainly a governmental, not a proprietary, function; and for that purpose Executive Order No. 75 has placed the ACA under the Land Reform Project Administration together with the other member agencies, the personnel complement of all of which are placed in one single pool and made available for assignment from one agency to another, subject only to Civil Service laws, rules and regulations, position classification and wage structures.
J USTICIABLE CONTROVERSY VS. POLITICAL QUESTION
A J USTICIABLE QUESTION calls upon the duty of the courts to settle actual controversies wherein there are rights (property or personal rights) involved which are legally demandable and enforceable. It is one which is proper to be examined or decided in courts of justice because its determination would not involve an encroachment upon the legislative or executive power.
A POLITICAL QUESTION is one which under the Constitution is to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government. It is concerned with issues dependent upon the wisdom, not the validity or legality, of a particular measure or a contested act.
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Political Question Defined Members of the Senate
Electoral Tribunal
After the 1955 national elections, the membership in the Senate was overwhelmingly occupied by the Nacionalista Party. The lone opposition senator was Lorenzo Taada who belonged to the Citizens Party. Diosdado Macapagal on the other hand was a senatorial candidate who lost the bid but was contesting it before the Senate Electoral Tribunal (SET). But prior to a decision the SET would have to choose its members. It is provided that the SET should be composed of 9 members comprised of the following: 3 justices of the Supreme Court, 3 senators from the majority party and 3 senators from the minority party. But since there is only one minority senator the other two SET members supposed to come from the minority were filled in by the NP. Taada assailed this process before the Supreme Court. So did Macapagal because he deemed that if the SET would be dominated by NP senators then he, as a member of the Liberalista Party will not have any chance in his election contest. Senator Mariano Cuenco et al (members of the NP) averred that the Supreme Court cannot take cognizance of the issue because it is a political question. Cuenco argued that the power to choose the members of the SET is vested in the Senate alone and the remedy for Taada and Macapagal was not to raise the issue before judicial courts but rather to leave it before the bar of public opinion.
ISSUE: Whether or not the issue is a political question.
HELD: No. The SC took cognizance of the case and ruled that the issue is a justiciable question. The term Political Question connotes what it means in ordinary parlance, namely, a question of policy. It refers to those questions which, under the Constitution, are to be decided by the people in their sovereign capacity; or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government. It is concerned with issues dependent upon the wisdom, not legality, of a particular measure. In this case, the issue at bar is not a political question. The Supreme Court is not being asked by Taada to decide upon the official acts of Senate. The issue being raised by Taada was whether or not the elections of the 5 NP members to the SET are valid which is a judicial question. Note that the SET is a separate and independent body from the Senate which does not perform legislative acts.
But how should the gridlock be resolved?
The nomination of the last two members (who would fill in the supposed seat of the minority members) must not come from the majority party. In this case, the Chairman of the SET, apparently already appointed members that would fill in the minority seats (even though those will come from the majority party). This is still valid provided the majority members of the SET (referring to those legally sitting) concurred with the Chairman. Besides, the SET may set its own rules in situations like this provided such rules comply with the Constitution.
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STATE IMMUNITY FROM SUIT MINISTERIO VS. CFI, 40 SCRA 464 FACTS: Petitioners sought the payment of just compensation for a registered lot alleging that in 1927 the National Government through its authorized representatives took physical and material possession of it and used it for the widening of a national road, without paying just compensation and without any agreement, either written or verbal. There was an allegation of repeated demands for the payment of its price or return of its possession, but defendants Public Highway Commissioner and the Auditor General refused to restore its possession. ISSUE: Whether or not the defendants are immune from suit. HOLDING: NO. Where the judgment in such a case would result not only in the recovery of possession of the property in favor of said citizen but also in a charge against or financial liability to the Government, then the suit should be regarded as one against the government itself, and, consequently, it cannot prosper or be validly entertained by the court except with the consent of said Government. In as much as the State authorizes only legal acts by its officers, unauthorized acts of government officials or officers are not acts of the State, and an action against the officials or officers by one whose rights have been invaded or violated by such acts, for the protection of his rights, is not a suit against the State within the rule of immunity of the State from suit NOTE: When the government takes any property for public use, which is condition upon the payment of just compensation, to be judicially ascertained, it makes manifest that it submits to the jurisdiction of a court. The Court may proceed with the complaint and determine the compensation to which the petitioner are entitled. Ministerio vs.CFI, 40 SCRA 464
LIS MOTA. The cause of the suit or action. By this term is understood the commencement ofthe controversy, and the beginning of the suit.
ULTRA VIRES DEFINITION Latin, meaning "beyond the powers." Describes actions taken by government bodies or corporations that exceed the scope of power given to them by laws or corporate charters. When referring to the acts of government bodies (e.g., legislatures), a constitution is most often the measuring stick of the proper scope of power. Ultra vires is a Latin term meaning "beyond powers". The term is usually used to refer to acts taken by a corporation or officers of a corporation that are taken outside of the powers or authority granted to them by law or under the corporate charter. Some states have enacted laws to prevent the use of the defense of ultra vires action to unfairly avoid obligations under otherwise valid contracts. The concept of acting "under color of law" means acts are done while a person acts or purports to act in the performance of official duties under any state, county, or municipal law, ordinance, or regulation. This is a similar concept that refers to the apparently authorized status of the action, as distinguished from the unauthorized status of their actions, which ultra vires refers to. 8
The following is an example of a state statute dealing with the concept of ultra vires: a. "Except as provided in subsection (b), the validity of corporate action may not be challenged on the ground that the corporation lacks or lacked power to act. A corporation's power to act may be challenged: 1. In a proceeding by a shareholder against the corporation to enjoin the act; 2. In a proceeding by the corporation, directly, derivatively, or through a receiver, trustee, or other legal representative, against an incumbent or former director, officer, employee, or agent of the corporation; or 3. In a proceeding by the Attorney General under Section 10-2B-14.30. b. In a shareholder's proceeding under subsection (b)(1) to enjoin an unauthorized corporate act, the court may enjoin or set aside the act, if equitable and if all affected persons are parties to the proceeding, and may award damages for loss (other than anticipated profits) suffered by the corporation or another party because of enjoining the unauthorized act."