Doctrine of parens patriae

Literally, parent of the people. As such, the Government may act

as guardian of the rights of people who may be disadvantaged or
suffering from some disability or misfortune. (GOVERNMENT
OF THE PHILIPPINE ISLANDS vs. MONTE DE PIEDAD 1916)

Presidential government vs. Parliamentary government
In _______, there is separation of executive and legislative
powers, while in _______, there is fusion of both executive and
legislative powers in the Parliament, although the actual exercise
of the executive powers is vested in a Prime Minister who is
chosen by and accountable to the Parliament.

Unitary government vs. Federal government
A _______ is a single, centralized government exercising
powers over both the internal and external affairs of the State,
while a _______ consists of autonomous state (local)
government units merged into a single State, with the national
government exercising a limited degree of power over the
domestic affairs but generally full direction of the external affairs
of the State.

Sovereignty
The supreme and uncontrollable power inherent in a State by
which that State is governed. It is characterized by permanence,
exclusiveness, comprehensiveness, absoluteness, indivisibility,
inalienability, imprescriptibility. (LAUREL vs. MISA 77 Phil.
856)

(1) Effects of change in sovereignty vs. (2) Effects of belligerent
occupation
(1) Political laws are abrogated but municipal laws remain in
force (PEO. vs. PERFECTO, MACARIOLA vs. ASUNCION,
VILAS vs. CITY OF MANILA); (2) No change in sovereignty
(PERALTA vs. DIRECTOR OF PRISONS, ALCANTARA vs.
DIRECTOR OF PRISONS, RUFFY vs. CHIEF OF STAFF)

Dominium vs. Imperium
_______ refers to the capacity to own or acquire property,
including lands held by the State in its proprietary capacity;
while _______ is the authority possessed by the State embraced
in the concept of sovereignty.

State Immunity from Suit / Royal Prerogative of Dishonesty
"The State cannot be sued without its consent" (SEC. 3, ART.
XVI) The basis of immunity is that there can be no legal right
against the authority which makes the law on which the right
depends. However, it may be sued if it gives consent, whether
express or implied. (REPUBLIC vs. VILLASOR 1973)

Par in parem non habet imperium
Immunity is enjoyed by other States. (1) The Head of the State,
who is deemed the personification of the State, is inviolable, and
thus enjoys immunity from suit; (2) The State's diplomatic
agents, including consuls to a certain extent, are also exempt
from the jurisdiction of local courts and administrative tribunals.
Par in parem non habet imperium
(3) A foreign agent operating within a territory can be cloaked
with immunity from suit but only as long as it can be established
that he is acting within the directives of the sending State
(MINUCHER vs. CA); (4) The United Nations, as well as its
organs and specialized agencies are likewise beyond the
jurisdiction of local courts (CONVENTION ON PRIVILEGES
AND IMMUNITIES OF THE UN); (5) Even other international
organizations or international agencies may be immune from the
jurisdiction of local courts and local administrative tribunals,
such as the SEAFDEC and IRRI.

Municipal corporations
They are agencies of the State when they are engaged in
governmental functions and therefore should enjoy the sovereign
immunity from suit. However, they are subject to suit even in the
performance of such functions because their charter provided
that they can sue and be sued. (MUNICIPALITY OF SAN
FERNANDO, LA UNION vs. JUDGE FIRME 1991) One of the
corporate powers of local government units, as enumerated in
SECTION 22 LGC is the power to sue and be sued.

Suit against the State
A suit is against the State regardless of who is named the
defendant, if it produces adverse consequences to the public
treasury in terms of disbursement of public funds and loss of
government property. When a suit is against the State, it cannot
prosper unless the State has given its consent.

Similarities of the inherent powers of the State
(1) Inherent in the State, exercised even without the need of
express constitutional grant; (2) Necessary and indispensable
such that the State cannot be effective without them; (3)
Methods by which the State interferes with private property; (4)
Presuppose equivalent compensation; (5) Exercised primarily by
the Legislature.

Police Power vs. Power of Taxation
(1) Both are exercised only by the government unlike eminent
domain which may be exercised by private entities; (2)
_______ regulates both liberty and property, while _______
affects only property rights; (3) Property taken in _______ is
usually noxious or intended for a noxious purpose and may thus
be destroyed, while in _______, the property is wholesome and
devoted to public use or purpose; (4) Compensation in _______
is the intangible, altruistic feeling that the individual has
contributed to the public good, while in _______,
compensation is the protection given and/or public
improvements instituted by government for the taxes paid.

Police Power vs. Power of Eminent Domain
(1) _______ regulates both liberty and property, while
_______ affects only property rights; (2) Property taken in
_______ is usually noxious or intended for a noxious purpose
and may thus be destroyed, while in _______, the property is
wholesome and devoted to public use or purpose; (3)
Compensation in _______ is the intangible, altruistic feeling
that the individual has contributed to the public good, while in
_______, compensation is the full and fair equivalent of the
property taken.

Police Power
It is the power vested in the legislature by the Constitution to
make, ordain, establish all manner of wholesome and reasonable
laws for the good and welfare of the State and its people
(COOLEY'S CONSTITUTIONAL LIMITATIONS, p. 830) It is the
power of promoting public welfare by restraining an regulating
the use of liberty and property.

Basic purposes of Police Power
(1) To promote the general welfare, comfort and convenience of
the people; (2) To promote and preserve public health; (3) To
promote and protect public safety; (4) To maintain and
safeguard peace and order; (5)To protect public morals; (6) To
promote the economic security of the people.

Scope and Characteristics of Police Power
It is the most pervasive, the least limitable, and the most
demanding of the 3 powers. The justification is found in the
Latin maxims: "salus populi est suprema lex" and "sic utere tuo
ut alienum non laedas"

The Doctrine of Res Ipsa Loquitur
Under this doctrine, the Court may impose its authority upon
erring judges whose actuations, on their face, would show gross
incompetence, ignorance of the law or misconduct. (DE LOS
SANTOS vs. MANGINO 2003, CRUZ vs. YANEZA 1999 both
citing MACALINTAL vs. TEH 1997)

The Doctrine of Res Ipsa Loquitur
When the inefficiency springs from a failure to consider so basic
and elemental a rule, a law or a principle in the discharge of his
duties, a judge is either too incompetent and undeserving of the
position and title he holds or he is too vicious that the oversight
or omission was deliberately done in bad faith and in grave abuse
of judicial authority. In both instances, the judge's dismissal is in
order. After all, faith in the administration of justice exists only if
every party-litigant is assured that occupants of the bench cannot
justly be accused of deficiency in their grasp of legal principles.
(MACALINTAL vs. TEH 1997)

Just compensation
It is defined as the full and fair equivalent of the property taken;
it is the fair market value of the property. It is settled that the
market value of the property is "that sum of money which a
person desirous but not compelled to buy, and an owner willing
but not compelled to sell, would agree on as a price to be given
and received therefor." (NATIONAL POWER CORPORATION
vs. CHIONG 2003) It means "not only the correct amount to be
paid to the owner of the land but also the payment of the land
within a reasonable time from its taking." (ESLABAN vs. DE
ONORIO 2001)

Temporary takeover by the government extends only to the
operation of the business
The temporary takeover by the government extends only to the
operation of the business and not to the ownership thereof. As
such the government is not required to compensate the private
entity-owner of the said business as there is no transfer of
ownership, whether permanent or temporary. The private entity-
owner affected by the temporary takeover cannot, likewise, claim
just compensation for the use of the said business and its
properties as the temporary takeover by the government is in
exercise of its police power and not of its power of eminent
domain. (AGAN, JR. vs. PIATCO 2003)

Preamble
(1) Does not confer rights nor impose duties; (2) Indicates
authorship of the Constitution; (3) Enumerates the primary aims
and aspirations of the framers; and (4) Serves as an aid in the
construction of the Constitution.

Manifestations of Republicanism
(1) Ours is a government of laws and not of men
(VILLAVICENCIO vs. LUKBAN); (2) Rule of the majority
(PLURALITY IN ELECTIONS); (3) Accountability of public
officials; (4) Bill of Rights; (5) Legislature cannot pass
irrepealable laws; (6) Separation of powers.

Purpose of Republicanism
To prevent concentration of authority in one person or group of
persons that might lead to an irreversible error or abuse in its
exercise to the detriment of republican institutions. "To secure
action, to forestall overaction, to prevent despotism and to
obtain efficiency". (PANGASINAN TRANSPORTATION CO vs.
PUBLIC SERVICE COMMISSION 40 O.G. 8th Supp. 57)

Principle of Blending of Powers
Instances when powers are not confined exclusively within one
department but are assigned to or shared by several
departments, e.g., enactment of general appropriations law.

Principle of Checks and Balances
This allows one department to resist encroachments upon its
prerogatives or to rectify mistakes or excesses committed by the
other departments, e.g., veto power of the President as check on
improvident legislation.

A Purely Justiciable Issue
It implies a given right, legally demandable and enforceable, an
act or omission violative of such right, and a remedy granted and
sanctioned by law for said breach of right. (CASIBANG vs.
AQUINO 1979)