1.

A Constitution is a legislation direct from the people; a statute is a legislation from the
people’s representatives. A Constitution states general principles; a statute provides the details
of the subject of which it treats. A Constitution is intended not merely to meet existing
conditions; a statute is intended primarily to meet existing conditions only. A Constitution is the
fundamental law of the State to which all other laws and statutes must conform. (Neptali A.
Gonzales, Political Law, citing Malcolm, p. 61).

2. They are: (1) Constitution of liberty which provides for the civil and political rights of citizens
and the limitations on the powers of government to secure those rights; (2) Constitution of
government which provides for the organization of government, and enumerates the powers of
the same; and (3) Constitution of sovereignty which provides the manner of changing the
fundamental law as making amendments thereto.

3. The elements of a State are: people; territory; sovereignty; and government.

4. State is a legal or juristic concept; nation is an ethnic or racial concept. Government is merely
an external manifestation of the State through which the will of the State is exercised.

5. Archipelagic doctrine – “the waters around, between and connecting the islands of the
archipelago, regardless of their breadth and dimension, form part of the internal waters of the
Philippines.”

6.

7. A de jure government (government of law) is an organized government of a state which has

the general support of the people. A de facto government (government of fact) is a government
which actually exercises power or control but without legal title.

8. DOCTRINE OF PARENS PATRIAE – latin for “parent of his country” A doctrine that grants the
inherent power and authority of the state to protect persons who are legally unable to act on
their own behalf. Allows state to step in and serve as a parent/guardian for children, the
mentally ill, the incompetent, the elderly or disabled persons who are unable to care for
themselves.
Literally, parens patriae means father of the country. This doctrine has been defined as
the inherent power and authority of the state to provide protection to the persons and
property of the persons non-sui juris. Non-sui juris persons are those who lack the legal
capacity to act on his own behalf like the child or the insane persons. Basis Article II Section 11-
13 1987 Constitution.

9. Sovereignty is derived from the Latin word “Superanus” which means supreme or
paramount. Sovereignty is the supreme authority and power of a state to make and enforce
laws/policies within its area of jurisdiction. In Art. 2, Sec. 1 of the 1987 Constitution, sovereignty
resides in the people and all government authority emanates from them. Sovereignty exists in
two aspects: 1. Internal Sovereignty– This is absolute power of a state to enforce law and
compel obedience within its area of authority. 2. External Sovereignty– This is the power a state
exercise to run its affairs without external control or interference. The state is subject to no
other authority and remains independent.

10. STATE CONSENT TO BE SUED; WAYS ON HOW IT’S GIVEN State may be sued through
express or implied consent. Express: The law expressly grants the authority to sue the State or
any of its agencies. E.g Art 2180 of the Civil Code which creates liability against the state
through a special agent. Implied: a) The State enters into a private contract b) The state enters
into an operation that is essentially a business operation c) Suit is against and incorporated gov
‘t agency unless it is entered into only to resist a claim

11. Yes, if the charter provides that the agency can sue and be sued, the suit will lie, including
one for tort. The provision in the charter constitutes express consent on the part of the state to
be sued. Reference: PNB vs CIR 81 SCRA 314.

12. Test to determine if suit is against the State: On the assumption that decision is rendered
against the public officer or agency impleaded, will the enforcement thereof require and
affirmative act from the State, such as the appropriation of the needed amount to satisfy the
judgement? If so, then it is a suit against the state. See Sanders v. Veridiano, 162 SCRA 88;
Republic v. Feliciano, 148 SCRA 424.

13. Yes. Local government units and their officials are not exempt from liability for death or
injury to persons or damage to property [Sec. 24, R.A. 7160], Moreover, there are specific
provisions of law making local government units liable such as: a) Art. 2189, Civil Code: The
local government unit is liable in damages for death or injuries suffered by reason of the
defective condition of roads, streets ,bridges, public buildings and other public works; b) Art.
2180 (6th par.), Civil Code: The State is responsible when it acts through a special agent; c) Art.
34, Civil Code: The local government unit is subsidiarily liable for damages suffered by a person
by reason of the failure or refusal of a member of the police force to render aid and protection
in case of danger to life and property. Also LGUs are liable for tort, violation of law and
contracts entered into by municipal corporations.

14.

15. PRINCIPLES OF A REPUBLICAN GOVERNMENT:

1) The power of government is held by the people.
2) The people give power to leaders they elect to represent them and serve their
interests.
3) The representatives are responsible for helping all the people in the country, not just
a few people.

Article II of the 1987 Constitution. Declaration of Principles.

SECTION 1. The Philippines is a democratic and republican State. Sovereignty resides in the
people and all government authority emanates from them.
SECTION 2. The Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land and adheres to
the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.
SECTION 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the
Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of
the State and the integrity of the national territory.
SECTION 4. The prime duty of the Government is to serve and protect the people. The
Government may call upon the people to defend the State and, in the fulfillment thereof, all
citizens may be required, under conditions provided by law, to render personal military or civil
service.
SECTION 5. The maintenance of peace and order, the protection of life, liberty, and property,
and the promotion of the general welfare are essential for the enjoyment by all the people of
the blessings of democracy.
SECTION 6. The separation of Church and State shall be inviolable.

16. The doctrine of incorporation mandates that the Philippines is bound by generally accepted
principles of international law which automatically form part of Philippine law by operation of
the Constitution.

17. According to Section 1, Article XII of the 1987 Constitution, the goals of the national
economy are a more equitable distribution of opportunities, income, and wealth; a sustained
increase in the amount of goods and services produced by the nation for the benefit of the
people; and an expanding productivity as the key to raising the quality of life for all, especially
the underprivileged.

18. Imperium is government authority possessed by the State which is appropriately embraced
in sovereignty. While, dominium is the capacity of the State to own and acquire property; it
refers to lands held by the government in a proprietary character; can provide for the
exploitation and use of lands and other natural resources.

19. The Regalian Doctrine also known as 'jura regalia'. All lands of the public domain belong to
the state that the state is the source of any asserted right to ownership of land and charged
with the conservation of such patrimony. The courts are then empowered as we are duty
bound to ensure that such ownership of the state is duly protected by the proper observance
by parties of the rules and requirements of land registration.

20. Lands of the public domain are classified into agricultural, forest or timber, mineral lands
and national parks. Agricultural lands of the public domain may be further classified by law
according to the uses to which they may be devoted. Alienable lands of the public domain shall
be limited to agricultural lands. Private corporations or associations may not hold such
alienable lands of the public domain except by lease, for a period not exceeding 25 years,
renewable for not more than 25 years, and not to exceed 1,000 hectares in area. Citizens of the
Philippines may not lease not more than 500 hectares, or acquire not more than 12 hectares
thereof, by purchase, homestead, or grant.
21. As a general rule, aliens are not allowed to own real properties but there are exceptions:
1. The transfer to an alien is by way of succession
2. If the acquisition was made by a former natural born citizen

22. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other
natural resources are owned by the State. With the exception of agricultural lands, all other
natural resources shall not be alienated. The exploration, development, and utilization of
natural resources shall be under the full control and supervision of the State. The State may
directly undertake such activities, or it may enter into co-production, joint venture, or
production-sharing agreements with Filipino citizens, or corporations or associations at least
sixty per centum of whose capital is owned by such citizens. Such agreements may be for a
period not exceeding twenty-five years, renewable for not more than twenty-five years, and
under such terms and conditions as may be provided by law. In cases of water rights for
irrigation, water supply fisheries, or industrial uses other than the development of water
power, beneficial use may be the measure and limit of grant.

23. FILIPINIZATION OF PUBLIC UTILITIES Section 11 Article XII of the 1987 Constitution
prescribes the Filipinization of public utilities by granting the authority to operate a public utility
only to citizens of the Philippines or a corporation that has at least 60% of its capital owned by
such citizens. The Constitution regulates foreign ownership to prevent aliens from assuming
control of public utilities which may otherwise be inimical to the national interest. The
reservation of control of public utilities to Filipino citizens or nationals is in line with the
economic goal of the Philippine Constitution to ensure an independent national economy
effectively controlled by Filipinos.

24. Under the Regalian Doctrine, all lands not otherwise clearly appearing to be privately
owned are presumed to belong to the State.