POLITICAL

LAW
Meaning

Case Name Facts & Issue Held/Ratio Doctrine

People v. Perfecto It is a general principle of the public

law that on acquisition of territory the
previous political relations of the ceded
region are totally abrogated --
"political" being used to denominate
the laws regulating the relations
sustained by the inhabitants to the
sovereign.

Macariola v. Asuncion On 6 Aug 1968, Macariola filed a Article 14 of Code of Commerce has no Upon the sovereignty from the Spain to
complaint against Judge Asuncion with legal and binding effect and cannot the US and to the Republic of the
“acts unbecoming a judge”. The judge apply to the respondent. Philippines, Art. 14 of this Code of
apparently bought a property (formerly Commerce, which sourced from the
owned by Macariola) which was Spanish Code of Commerce, appears to
involved in a civil case decided by him; have been abrogated because
and on 31 Aug 1966, the Asuncion whenever there is a change in the
couples conveyed their share and sovereignty, political laws of the former
interest in the said property to The sovereign are automatically abrogated,
Traders Manufacturing and Fishing unless they are reenacted by
Industries Inc. The act of Asuncion Affirmative Act of the New Sovereign.
engaging in commerce is said to be a
violation of pars 1 & 5, Art 14 of the
Code of Commerce which prohibits
judges in active service (among others)
to do so within the limits of the place
where they discharge their duties.

THE PHILIPPINE CONSTITUTION

Ratification; Political vs. Justiciable Questions

Case Name Facts & Issue Held/Ratio Doctrine

Javellana v. Exec. Secretary In 1973, Marcos ordered the immediate The SC ruled that they cannot rule upon Casibang v. Aquino
implementation of the new 1973 the case at bar. Majority of the SC Political Question = question of policy;

Co | CG | Ti 1

Constitutional Construction
Case Name
Perfecto v. Meer
Endencia v. David
Co | CG | Ti 2
Constitution. Javellana, a Filipino and a justices expressed the view that they to be decided by the people in their
registered voter sought to enjoin the were concluded by the ascertainment sovereign capacity or full discretionary
Exec Sec and other cabinet secretaries made by the president of the authority
from implementing the said Philippines, in the exercise of his Justiciable Question = implies a given
constitution. Javellana averred that the political prerogatives. Further, there right, legally demandable and
said constitution is void because the being no competent evidence to show enforceable; act or omission violative of
same was initiated by the president. He such fraud and intimidation during the such right, and a remedy, granted or
argued that the President is w/o power election, it is to be assumed that the sanctioned by law for said breach of
to proclaim the ratification by the people had acquiesced in or accepted right.
Filipino people of the proposed the 1973 Constitution. The question of
constitution. Further, the election held the validity of the 1973 Constitution is
to ratify such constitution is not a free a political question which was left to
election there being intimidation and the people in their sovereign capacity
fraud. to answer. Their ratification of the
same had shown such acquiescence.
Facts & Issue Held/Ratio Doctrine
In April, 1947 the Collector of Internal Salaries of judges are not included in Judges would indeed be hapless
Revenue required Mr. Justice Gregorio the word "income" taxed by the Income guardians of the Constitution if they did
Perfecto to pay income tax upon his Tax Law. First, when the Income Tax not perceive and block encroachments
salary as member of this Court during Law was first applied to the Philippines upon their prerogatives in whatever
the year 1946. After paying the amount 1913, taxable "income" did not include form. The undiminishable character of
(P802), he instituted this action in the salaries of judicial officers when these judicial salaries is not a mere privilege
Manila Court of First Instance are protected from diminution. That of judges — personal and therefore
contending that the assessment was was the prevailing official belief in the waivable — but a basic limitation upon
illegal, his salary not being taxable for United States, which must be deemed legislative or executive action imposed
the reason that imposition of taxes to have been transplanted here in the public interest
thereon would reduce it in violation of when the Philippine Constitutional
the Constitution. Convention approved (in 1935) the
prohibition against diminution of the
judges' compensation, the Federal
principle was known that income tax
on judicial salaries really impairs them.
Saturnino David, the then Collector of By legislative fiat as enunciated in This act of interpreting the Constitution
Internal Revenue, ordered the taxing of section 13, Republic Act No. 590, or any part thereof by the Legislature is
Justice Pastor Endencia’s and Justice Congress says that taxing the salary of a an invasion of the well-defined and
Fernando Jugo’s salary pursuant to Sec judicial officer is not a decrease of established province and jurisdiction of

Nitafan v. Comm. of Internal Revenue
Self Executing Provisions
Case Name
Manila Prince Hotel v. GSIS
Co | CG | Ti 3
13 of RA 590 which provides that “SEC. compensation. This is a clear example the Judiciary. “The rule is recognized
13. No salary wherever received by of interpretation or ascertainment of elsewhere that the legislature cannot
any public officer of the Republic of the the meaning of the phrase “which shall pass any declaratory act, or act
Philippines shall be considered as not be diminished during their declaratory of what the law was before
exempt from the income tax, payment continuance in office,” found in section its passage, so as to give it any binding
of which is hereby declared not to be a 9, Article VIII of the Constitution, weight with the courts. A legislative
diminution of his compensation fixed referring to the salaries of judicial definition of a word as used in a statute
by the Constitution or by law.” officers. is not conclusive of its meaning as used
Decision in the case of Perfecto vs. elsewhere; otherwise, the legislature
Meer, was not received favorably by would be usurping a judicial function in
Congress - immediately after its defining a term
promulgation, Congress enacted RA.
590
Judge David Nitafan and several other The clear intent of the framers of the What is provided for by the
judges of the Manila RTC seek to Constitution, based on their constitution is that salaries of judges
prohibit the Comm of Internal Revenue deliberations, was NOT to exempt may not be decreased during their
(CIR) from making any deduction of justices and judges from general continuance in office. They have a fixed
withholding taxes from their salaries or taxation. Members of the judiciary, just salary which may not be subject to the
compensation for such would like members of the other branches of whims and caprices of congress. But
tantamount to a diminution of their the government, are subject to income the salaries of the judges shall be
salary, which is unconstitutional. taxation. subject to the general income tax as
Earlier however, or on June 7, 1987, the Congress may pass a law increasing the well as other members of the judiciary.
Court en banc had already reaffirmed salary of the judiciary and such
the directive of the Chief Justice which increase will immediately take effect This case abandoned the ruling in
directs the continued withholding of thus the incumbent members of the Perfecto vs Meer and in Endencia vs
taxes of the justices and the judges of judiciary (time law is passed increasing David.
the judiciary – but the SC decided to their salary) shall benefit immediately.
rule on this case nonetheless to settle Congress can also pass a law decreasing
the issue once and for all. the salary of the members of the
judiciary but such will only be
applicable to members of the judiciary
which were appointed AFTER the
effectivity of such law.
Facts & Issue Held/Ratio Doctrine
GSIS decided to sell 30-51% of the MPH should be awarded the sale “Qualified Filipinos” simply means that
Manila Hotel Corporation. Two bidders pursuant to Art 12 of the 1987 Const. preference shall be given to those

Constitutional History
Case Name
Aquino v. Enrile
Javellana v. Exec. Secretary
Co | CG | Ti 4
participated, MPH and Malaysian Firm This is in light of the Filipino First citizens who can make a viable
Renong Berhad. Policy. contribution to the common good,
Pending declaration, MPH matches RB’s Par. 2, Sec. 10, Art. 12 of the 1987 because of credible competence and
bid and invoked the Filipino First policy Constitution is self executing. The efficiency. It does NOT mandate the
enshrined under par. 2, Sec. 10, Art. 12 Constitution is the fundamental, pampering and preferential treatment
of the 1987 Constitution**, but GSIS paramount and supreme law of the to Filipino citizens or organizations
refused to accept. In turn MPH filed a nation, it is deemed written in every that are incompetent or inefficient,
TRO to avoid the statute and contract. since such an indiscriminate preference
perfection/consummation of the sale to Manila Hotel falls under national would be counter productive and
RB. patrimony. Patrimony in its plain and inimical to the common good.
ordinary meaning pertains to heritage.
Facts & Issue Held/Ratio Doctrine
Enrile (then Minister of National In the case at bar, the state of rebellion Declaration of Martial Law
Defense), pursuant to the order of plaguing the country has not yet The Constitution provides that in case
Marcos issued and ordered the arrest of disappeared, therefore, there is a clear of invasion, insurrection or rebellion, or
a number of individuals including and imminent danger against the state. imminent danger against the state,
Benigno Aquino Jr even without any The arrest is then a valid exercise when public safety requires it, the
charge against them. Hence, Aquino pursuant to the President’s order. President may suspend the privilege of
and some others filed for habeas the writ of habeas corpus or place the
corpus against Juan Ponce Enrile. Philippines or any part therein under
Enrile’s answer contained a common Martial Law.
and special affirmative defense that the
arrest is valid pursuant to Marcos’
declaration of Martial Law.
In 1973, Marcos ordered the immediate Ascertainment made by the president 1973 Constitution
implementation of the new 1973 of the Philippines, in the exercise of his The question of the validity of the 1973
Constitution. Javellana, a Filipino and a political prerogatives. Further, there Constitution is a political question
registered voter sought to enjoin the being no competent evidence to show which was left to the people in their
Exec Sec and other cabinet secretaries such fraud and intimidation during the sovereign capacity to answer. Their
from implementing the said election, it is to be assumed that the ratification of the same had shown such
constitution. Javellana averred that the people had acquiesced in or accepted acquiescence.
said constitution is void because the the 1973 Constitution. The question of
same was initiated by the president. He the validity of the 1973 Constitution is
argued that the President is w/o power a political question which was left to
to proclaim the ratification by the the people in their sovereign capacity
Filipino people of the proposed to answer. Their ratification of the

Philippine Bar Association v. Comelec
Lawyers League v. Aquino
In re: Saturnino Bermudez
Co | CG | Ti 5
constitution. Further, the election held same had shown such acquiescence.
to ratify such constitution is not a free
election there being intimidation and
fraud.
11 petitions were filed for prohibition The petitions in these cases are The Court turned the issue into a
against the enforcement of BP 883 dismissed and the prayer for the political question (from the purely
which calls for special national issuance of an injunction restraining justiciable issue of the questioned
elections on February 7, 1986(snap respondents from holding the election constitutionality of the act due to the
elections) for the offices of President on February 7, 1986, inasmuch as there lack of the actual vacancy of the
and Vice President of the Philippines. are less than the required 10 votes to President’s office) which can be truly
BP 883 in conflict with the constitution declare BP 883 unconstitutional. decided only by the people in their
in that it allows the President to sovereign capacity at the scheduled
continue holding office after the calling election, since there is no issue more
of the special election. political than the election. The Court
Senator Pelaez submits that President cannot stand in the way of letting the
Marcos’ letter of people decide through their ballot,
conditional“resignation” did not create either to give the incumbent president
the actual vacancy required in Section a new mandate or to elect a new
9,Article 7 of the Constitution which president
could be the basis of the holding of a
special election for President and Vice
President earlier than the regular
elections for such positions in 1987.
On February 25, 1986, President Yes.The legitimacy of the Aquino Freedom Constitution
Corazon Aquino issued Proclamation government is not a justiciable matter
No. 1 announcing that she and Vice but belongs to the realm of politics
President Laurel were taking power. where only the people are the
On March 25, 1986, proclamation No.3 judge.The Court further held that:
was issued providing the basis of the 1.The people have accepted the Aquino
Aquino government assumption of government which is in effective
power by stating that the "new control of the entire country;
government was installed through a 2.It is not merely a de facto gov’t but in
direct exercise of the power of the fact and law a de jure government; and
Filipino people assisted by units of the 3.The community of nations has
New Armed Forces of the Philippines recognized the legitimacy of the new
government.
“Sec. 5. The six-year term of the No. Petitioner’s allegation of ambiguity “Petitioners have no personality to sue
incumbent President and Vice- or vagueness of the aforequoted and their petitions state no cause of
President elected in the February 7, provision is manifestly gratuitous, it action. For the legitimacy of the Aquino
1986 election is, for purposes of being a matter of public record and government is not a justiciable matter.

In re: Letter of Reynato Puno
Estrada v. Arroyo
Co | CG | Ti 6
synchronization of elections, hereby common public knowledge that the It belongs to the realm of politics where
extended to noon of June 30, 1992.” Constitutional Commission refers only the people of the Philippines are
“The first regular elections for the therein to incumbent President Aquino the judge. And the people have made
President and Vice-President under and Vice-President Laurel, and to no the judgment; they have accepted the
this Constitution shall be held on the other persons, and provides for the government of President Corazon C.
second Monday of May, 1992.” extension of their term to noon of June Aquino which is in effective control of
Bermudez claims that the said 30, 1992 for purposes of the entire country so that it is not
provision “is not clear” as to whom it synchronization of elections. Hence, the merely a de facto government but in
refers, he then asks the Court “to second paragraph of the cited section fact and in law a de jure government.
declare and answer the question of the provides for the holding on the second Moreover, the community of nations
construction and definiteness as to Monday of May, 1992 of the first has recognized the legitimacy of the
who, among the present incumbent the regular elections for the President and present government.
proposed 1986 Constitution refers to, . . Vice-President under said 1986
. ” Constitution.
EDSA -reorganization of the entire The Court held that the Court of 1987 Constitution - Cory Aquino
government, including the Judiciary. Appeals and Intermediate Appellate government is de jure because it was
Screening Committee for Court existing prior to E.O. No. 33 established by authority of the
reorganization of the IAC and lower phased out as part of the legal system legitimate sovereign, the people.
courts recommended the return of abolished by the 1987 Revolution. The A government as a result of people's
petitioner as Associate Justice of the CA Court of Appeals that was established revolution is considered de jure if it is
as #11 in the roster of appellate court under E.O. No. 33 is considered as an already accepted by the family of
justices. entirely new court. nations or countries like the US, Great
Appointments were signed by Pres. Britain, Germany, Japan, and others. In
Aquino, petitioner's seniority ranking The present Court of Appeals is a new the new government under Pres.
changed from 11 to 26. Alleged that the entity, different and distinct from the Aquino, it was installed through direct
change in seniority ranking was due to courts existing before E.O. No. 33. It exercise of the Filipino power.
"inadvertence" of the President, was created in the wake of the massive
Petitioner wrote a letter to the Court reorganization launched by the
seeking the correction of his seniority revolutionary government of Corazon
ranking in the CA Aquino in the aftermath of the people
Counterclaim alleged that petitioner power in 1986.
could not claim reappointment because
the courts where he had previously
been appointed ceased to exist at the
date of his last appointment.
Petitioner sought to enjoin the The SC held that petitioner resigned as SC also ruled in In re: Saturnino
respondent Ombudsman from President. Bermudez that “incumbent Presidents
conducting any further proceedings in Congress has clearly rejected are immune from suit or from being
any criminal complaint that may be petitioner’s claim of inability. Even if brought to court during the period of
filed, until after the term of petitioner petitioner can prove that he did not their incumbency and tenure” but not
 as President is over and only if legally resign, still, he cannot successfully beyond. Considering the peculiar
warranted. Erap also filed a Quo claim that he is a President on leave on circumstance that the impeachment
Warranto case, praying for the ground that he is merely unable to process against the petitioner has been
judgment “confirming petitioner to be govern temporarily. That claim has aborted and thereafter he lost the
the lawful and incumbent President of been laid to rest by Congress and the presidency, petitioner cannot demand
the Republic of the Philippines decision that respondent Arroyo is the as a condition sine qua non to his
temporarily unable to discharge the de jure President made by a co-equal criminal prosecution before the
duties of his office, and declaring branch of government cannot be Ombudsman that he be convicted in the
respondent to have taken her oath as reviewed by the Supreme Court. impeachment proceedings.
and to be holding the Office of the
President, only in an acting capacity

De Leon v. Esguerra In 1982, Alfredo M. De Leon was The effectivity of the Memorandum Effectivity of 1987 Constitution
elected as Barangay Captain along with should be based on the date when it Immediately upon ratification
the other petitioners as Barangay was signed, February 8, 1987. By that The 1987 Constitution was ratified in a
Councilmen time, the 1987 Constitution was plebiscite on February 2, 1987. By that
On 2/9/87, he received a Memorandum already in effect, thus superseding all date, therefore, the Provisional
antedated 12/1/86, signed on 2/8/87 previous constitution as provided in Constitution must be deemed to have
by OIC Gov. Esguerra designating Section 27 of its Transitory Provisions. been superseded.
Florentino Magno as new Barangay Respondent OIC Governor could no
Captain. A separate Memorandum with longer rely on Section 2, Article III of
the same dates was issued by Hon. the Provisional Constitution to
Esguerra replacing the Barangay designate respondents to the elective
Councilmen. De Leon et al filed a positions occupied by petitioners.
petition to declare the subject Barangay Election Act of 1982 should
Memorandum null and void and still govern since it is not inconsistent
prevent the respondents from taking with the 1987 Constitution.
over their positions in the Barangay.
The petitioners maintained that OIC
Gov. Esguerra no longer have the
authority to replace them under the
1987 Constitution and that they shall
serve a term of 6 years in pursuant to
Section 3 of the Barangay Election Act
of 1982.

Co | CG | Ti 7
 CONCEPT OF STATE

PEOPLE

Citizenship

Case Name Facts & Issue Held/Ratio Doctrine

Mo Ya Lim Yao v. Comm of Immigration
Plaintiff-appellant, a temporary alien An alien woman marrying a Filipino, Citizens of the Philippines
visitor, whose authorized stay in the native-born or naturalized, becomes
Philippines was to expire, claims ipso facto a Filipina provided she is not
herself to be lawfully naturalized by disqualified to be a citizen of the
virtue of her marriage with co-plaintiff, Philippines
a Filipino citizen.

Djumantan v. Domingo the fact of marriage by alien to Filipino Citizens of the Philippines
does not withdraw her from the
operation of the immigration laws
governing the admission and exclusion
of aliens. It does not ipso facto make
her a Filipino citizen

In re: Vicente Ching
In 1998, Ching finished his law degree Unfortunately, he belatedly elected Election of Philippine Citizenship
in Saint Louis University.He passed the Philippine citizenship. Fourteen years
bar but he need to prove that he was a had lapsed and it’s way beyond the
Philippine citizen before he could take allowable 7 year period. The Supreme
his oath. Court even noted that the period is
Ching maintained-has always originally 3 years but it was extended
considered himself as a Filipino; that he to 7 years. (It seems it can’t be
is a certified public accountant – a extended any further). Ching’s special
profession reserved for Filipinos; that circumstances can’t be considered.
he even served as a councilor in a
municipality in La Union.
Ching did elect Filipino citizenship but
he only did so when he was preparing
for the bar in 1998 or 14 years after
reaching the age of majority.

Co v. HRET HRET declare jose ong rep of northern On jan 17 73 of Filipino mothers Doctrine of implied Election
samar. elected Filipino citizenship through his
Petitioner wants reverse of HRET act of voting. This provision on
decision. Ong born 1948. citizenship-curative. Even though they
Co | CG | Ti 8
 had to acquire citizenship, counted an
natural born citizens.

Bengson v. HRET Bengson filed a motion for As defined in the same Constitution, This means that a naturalized Filipino
reconsideration alleging that Cruz was natural-born citizens “are those who lost his citizenship will be restored
indeed born a Filipino and he is defined citizens of the Philippines from birth to his prior status as a naturalized
under the 1935 Constitution as a without having to perform any act to Filipino citizen. On the other hand, if he
natural born citizen. Cruz however lost acquire or perfect his Philippine was originally a natural-born citizen
his citizenship when he enlisted in the citizenship. In respondent Cruz’s case, before he lost his Philippine citizenship,
US Army in 1985. He also swore he lost his Filipino citizenship when he he will be restored to his former status
allegiance to the US without consent rendered service in the Armed Forces as a natural-born Filipino
from the Philippines. Cruz, on the other of the United States. However, he
hand, argued that he regained his subsequently reacquired Philippine
Filipino Citizenship by virtue of RA citizenship under R.A. No. 2630.
2630 Moreover, repatriation results in the
recovery of the original nationality.

Tecson v. Comelec Petitioner sought disqualification of FPJ Fr. Bernas (amici curiae) stated Natural-born Citizen
and COMELEC to cancel cert. of cand. illegitimacy in this case is an incidental
due to misrepresentation (SC has matter.
jurisdiction to look for GAD). Under 1935 consti, IL or L, FPJ acquires
Two other cases were dismissed his fathers Filipino NBC. Furthermore,
(contest meant post-election) for want distinction between IL and L would be
of jurisdiction. violation of equal protection clause. Its
Petitioner claimed FPJ could not have has no connection with public service.
transmitted Allan Poe’s NB citizenship
bec he is illegitimate bec marriage with
Bessie poe is bigamous and paternity
relationship with Allan poe could not
be proven due to lack of signature in
birth cert. (NBC w.o having to perform
act to acquire citizenship).

Mercado v. Manzano Manzano was born in San Francisco, Unlike those with dual allegiance, who Dual citizenship is different from dual
California, USA and acquired US must be subject to strict process with allegiance. The former arises when, as a
citizenship by operation of the US respect to the termination of their result of the concurrent application of
Constitution & laws under the principle status, for candidates with dual the different laws of 2 or more states, a
of jus soli. However, he was also a citizenship, it should suffice if, upon the person is simultaneously considered a
natural born Filipino citizen as both his filing of their CoC, they elect Philippine national by the said states.
parents were Filipinos at the time of his citizenship to terminate their status as
birth. Judging from the foregoing facts, persons with dual citizenship
it would appear that respondent is both considering that their condition is the
a Filipino and a US citizen – a dual unavoidable consequence of conflicting
Co | CG | Ti 9
 citizen. laws of different states.

Republic v. De la Rosa On February 27, respondent Judge The supreme court ruled that Private Proc. Irregularities: (1) hearing of the
rendered the assailed Decision and held respondent is declared NOT a citizen of petition was set ahead of the scheduled
that Petitioner JUAN G. FRIVALDO, is the Philippines and therefore date of hearing w/o a publication of the
re-admitted as a citizen of the Republic disqualified from continuing to serve as order advancing the date of hearing,
of the Philippines by naturalization, governor of the Province of Sorsogon. and the petition itself; (2) petition was
thereby vesting upon him, all the rights He is ordered to vacate his office and to heard within six months from the last
and privileges of a natural born Filipino surrender the same to the Vice- publication of the petition; (3)
citizen. Governor of the Province of Sorsogon petitioner was allowed to take his oath
once this decision becomes final and of allegiance before the finality of the
executory. judgment; and (4) petitioner took his
oath of allegiance without observing
the two-year waiting period.

Frivaldo v. Comelec In 1988, Juan Frivaldo won as governor He cannot serve as governor when he As far as Philippine law is concerned,
of Sorsogon. Estuye, filed with owes allegiance to a foreign state. The he is not a Filipino. He lost his
COMELEC a petition for annulment of fact that he was elected by the people citizenship when he declared allegiance
Frivaldo’s election and proclamation of Sorsogon does not excuse this patent to the United States. Even if he did lose
because apparently, Frivaldo, in 1983, violation of the salutary rule limiting his US citizenship, that did not restore
was naturalized as an American. public office and employment only to his being a Filipino because he did not
Frivaldo said that he was forced to be the citizens of this country. undergo naturalization or repatriation
naturalized because the then President proceedings. Neither did his
Marcos was after him; but that participation in the 1988 elections
participating in the Philippine restore his Philippine citizenship.y
elections, he has effectively lost his
American citizenship pursuant to
American laws.

Labo v. Comelec Labo, being a foreigner, cannot serve Loss of citizenship by naturalization in
public office. His claim that his lack of a foreign country
citizenship should not overcome the Dual allegiance of citizens is inimical to
will of the electorate is not tenable. The the national interest and shall be dealt
people of Baguio could not have, even with by law. He lost his Filipino
unanimously, changed the citizenship when he swore allegiance to
requirements of the Local Government Australia. He cannot also claim that
Code and the Constitution simply by when he lost his Australian citizenship,
electing a foreigner. The electorate had he became solely a Filipino. To restore
no power to permit a foreigner owing his Filipino citizenship, he must be
no allegiance to the Republic of the naturalized or repatriated or be
Philippines, to preside over them as declared as a Filipino through an act of
mayor of their city. Congress – none of this happened.

Co | CG | Ti 10
Yu v. Defensor-Santiago Petitioner, with full knowledge, and Philippine citizenship, it must be
legal capacity, after having renounced stressed, is not a commodity or were to
Portuguese citizenship upon be displayed when required and
naturalization as a Philippine citizen suppressed when convenient.
resumed or reacquired his prior status
as a Portuguese citizen, applied for a
renewal of his Portuguese passport and
represented himself as such in official
documents even after he had become a
naturalized Philippine citizen. Such
resumption or reacquisition of
Portuguese citizenship is grossly
inconsistent with his maintenance of
Philippine citizenship.

Frivaldo v. Comelec In 1988, Juan Frivaldo won as governor He cannot serve as governor when he The qualifications prescribed for
of Sorsogon. Salvador Estuye, President owes allegiance to a foreign state. The elective office cannot be erased by the
of the League of Municipalities of fact that he was elected by the people electorate alone. The will of the people
Sorsogon, filed with the COMELEC a of Sorsogon does not excuse this patent as expressed through the ballot cannot
petition for annulment of Frivaldo’s violation of the salutary rule limiting cure the vice of ineligibility, especially
election and proclamation because public office and employment only to if they mistakenly believed, as in this
apparently, Frivaldo, in 1983, was the citizens of this country. case, that the candidate was qualified.
naturalized as an American. In his Obviously, this rule requires strict
defense, Frivaldo said that he was application when the deficiency is lack
forced to be naturalized because the of citizenship. If a person seeks to serve
then President Marcos was after him; in the Republic of the Philippines, he
but that participating in the Philippine must owe his total loyalty to this
elections, he has effectively lost his country only, abjuring and renouncing
American citizenship pursuant to all fealty and fidelity to any other state.
American laws.

Government

Case Name Facts & Issue Held/Ratio Doctrine

Gov’t of Philippine Islands v. Monte de Doctrine of Parens Patriae (state as Doctrine of Parens Patriae
Piedad guardian of the people)
Transfer of sovereignty; effect on laws:
Abrogation of laws in conflict with the
political character of the substituted

Co | CG | Ti 11
 sovereign (political law).
- great body of municipal law regarding
private and domestic rights continue in
force until abrogated or changed by
new ruler.

Cabanas v. Pilapil Whether or not the state may interfere The uncle here should not be the The Constitution provides for the
by virtue of “parens patriae” to the trustee, it should be the mother as she strengthening of the family as the basic
terms of the insurance policy? was the immediate relative of the social unit, and that whenever any
minor child and it is assumed that the member thereof such as in the case at
mother shall show more care towards bar would be prejudiced and his
the child. The application of parens interest be affected then the judiciary if
patriae here is in consonance with this a litigation has been filed should
country’s tradition of favoring conflicts resolve according to the best interest of
in favor of the family hence preference that person.
to the parent (mother) is observed.

Lawyers League v. Aquino On February 25, 1986, President Yes. The legitimacy of the Aquino It is not merely a de facto government
Corazon Aquino issued Proclamation government is not a justiciable matter but in fact and law a de jure
No. 1 announcing that she and Vice but belongs to the realm of politics government; and
President Laurel were taking power. where only the people are the judge. The community of nations has
On March 25, 1986, proclamation No.3 The people have accepted the Aquino recognized the legitimacy of the new
was issued providing the basis of the government which is in effective government.
Aquino government assumption of control of the entire country;
power by stating that the "new
government was installed through a
direct exercise of the power of the
Filipino people assisted by units of the
New Armed Forces of the Philippines."

Sovereignty

Case Name Facts & Issue Held/Ratio Doctrine

People v. Perfecto The crime of lese majeste disappeared Article 256 of the Spanish Penal Code
in the Philippines with the ratification was enacted by the Spain to protect
of the Treaty of Paris. Ministers of the Spanish officials who were
Crown have no place under the representative of the King. With the
American flag. change of sovereignty, a new
government, and a new theory of
government, was set up in the

Co | CG | Ti 12
 Philippines. It was no sense a
continuation of the old laws. No longer
is there a Minister of the Crown or a
person in authority of such exalted
position that the citizen must speak of
him only in bated breath.

Macariola v. Asuncion Art 14 (Anti Graft and Corrupt Effects of change in sovereignty
Practices Act, effective Aug 1888) of
the Code of Commerce, prohibiting
judges from engaging in commerce was
political in nature and so was
automatically abrogated with the end
of Spanish rule in the country (Change
of Sovereignty to the US by virtue of
cession, 1898).

Bayan v. Zamora Entered into by the Phils. under Pres. grants tax exemption to all materials, Derogation of Philippine sovereignty;
Estrada (through a treaty) & the US. equipment, supplies, & other properties Visiting Forces Agreement
Ratified by the Senate through 2/3 imported into or acquired in the Phils.
vote, concluded by exchange of notes. by or on behalf of the USAF in
connection w/ such activities. They
shall be free from all import duties,
taxes, & other similar charges. Personal
baggage, effects & other properties
likewise may be imported free of said
duties.

SUFFRAGE

Case Name Facts & Issue Held/Ratio Doctrine

Akbayan Youth v. Comelec AKBAYAN-Youth, together with other The COMELEC was well within its right The right of suffrage is not absolute. It
youth movements sought the extension to do so pursuant to the clear is regulated by measures like voters
of the registration of voters for the May provisions of Section 8, RA 8189 which registration which is not a mere
2001 elections. The voters registration provides that no voters registration statutory requirement. The State, in the
has already ended on December 27, shall be conducted within 120 days exercise of its inherent police power,
2000. AKBAYAN-Youth asks that before the regular election. may then enact laws to safeguard and
persons aged 18-21 be allowed a regulate the act of voter’s registration
special 2-day registration. for the ultimate purpose of conducting

Co | CG | Ti 13

Macalintal v. Comelec
Case Name
Defensor-Santiago v. Comelec
Tolentino v. Comelec
Co | CG | Ti 14
COMELEC denied the petition. honest, orderly and peaceful election,
AKBAYAN-Youth the sued COMELEC
for alleged GAD for denying the
petition.
Romulo Macalintal claims Overseas Court states sec 18.5 violates sec 4 art
Absentee Voting Act of 2003 is VII giving congress authority to
unconstitutional. Sec 18.5 in RA 9189 proclaim pres and vp winners.
empowers COMELEC to proclaim Furthermore, consti gives congress
winning candidates including pres and power over election returns for pres
vp. and vp (certified by board of
canvassers)
AMENDMENT PROCESS
Facts & Issue Held/Ratio Doctrine
Atty. Jesus Delfin filed w/ COMELEC a RA No. 6735 intended to include Proposal by the People thru Initiative
petition to amend the Consti through Constitutional Amendments, Provision on Constitutional
Initiative – calling for elimination of inadequate to cover that system. It Amendments in not self-executing.
term limits of elective officials. failed to provide a subtitle for Consti Requires activation by Congress.
COMELEC gives due course to petition amendments, failed to provide contents
pursuant to RA No. 6735. Miriam, IBP, of the petition, & failed to provide the
& other parties challenge on certiorari. detailed procedures but provided such
for amendment of statutes and local
legislation. COMELEC acted w/ grave
abuse of discretion in giving due course
to petition bec. it did not even contain
the signatures.
The Constitutional Convention of 1971 The proposed amendments shall be Doctrine of Proper Submission:
scheduled an advance plebiscite on the approved by a majority of the votes
proposal to lower the voting age from cast at an election at which the The condition and limitation that all the
21 to 18, before the rest of the draft of amendments are submitted to the amendments to be proposed by the
the Constitution (then under revision) people for ratification. Furthermore, same convention must be submitted in
had been approved. Tolentino et al the people were not given a proper a “single election” or plebiscite.
filed a motion to prohibit such “frame of reference” in arriving at their
plebiscite and the same was granted by decision because they had at the time Election must be singular which meant
the SC. no idea yet of what the rest of the that the entire constitution must be
revised Constitution would ultimately submitted for ratification at one
be and therefore would be unable to plebiscite only.
 assess the proposed amendment in the
light of the entire document.

Co | CG | Ti 15
 DOCTRINE OF STATE IMMUNITY

Basis

Case Name Facts & Issue Held/Ratio Doctrine

USA. v. Reyes An I.D. checker of the U.S. Navy NO immunity: public official acts the doctrinaire of state-immunity
Exchange searched the person and without authority or in excess of the cannot be used as an instrument for
belongings of a Filipino employee. The powers vested in him. It is a well- perpetrating an injustice.
latter filed suit on the grounds of it settled principleof law that a public
being unlawful and highly official may be liable in his personal
discriminatory and in excess of official private capacity for whatever damage
functions he mayhave caused by his act donewith
malice and in bad faith, or beyond the
W/N: Bradley can be sued, him being scope of his authority or jurisdiction.
an agent of an enitity with state
immunity

Immunity of Foreign States & Diplomats

Case Name Facts & Issue Held/Ratio Doctrine

The Holy See v. RTC The Holy See was sued for selling The Holy See is immune from suit for Only when business relations are
property to a private entity after it had the act of selling the lot of concern is conducted in the ordinary way (profit-
issues with a parcel of land concerning non-proprietary in nature..The lot was making) can a transaction said to have
the eviction of squatters therein. The acquired by petitioner as a donation been done in private capacity.
parcel of land was acquired by the Holy from the Archdiocese of Manila. The
See for the site of its mission, the donation was made not for commercial
Apostolic Nunciature in the Philippines. purpose, but for the use of petitioner to
construct thereon the official place of
W/N Holy See is immune for its residence of the Papal Nuncio.
business relations when it is conducted
with private entities

Determination of Immunity by the Department of Foreign Affairs

Case Name Facts & Issue Held/Ratio Doctrine

Co | CG | Ti 16
Liang v. People Liang is an economist employed in ADB NO: Courts cannot blindly adhere to the Slandering a person could not possibly
and was accused with two counts of communication from the DFA that the be covered by the immunity agreement
oral defamation committed against his petitioner is covered by any immunity. because our laws do not allow the
fellow worker. It has no binding effect in courts. The commission of a crime, such as
court needs to protect the right to due defamation, in the name of official duty
W/N Liang is protected by ADB’s state process not only of the accused but also
immunity of the prosecution. Secondly, the
immunity under Section 45 of the
Agreement is not absolute, but subject
to the exception that the acts must be
done in “official capacity”

Immunity of International Organizations and Agencies

Case Name Facts & Issue Held/Ratio Doctrine

SEAFDEC v. NLRC Southeast Asian Fisheries Development NO: SEAFDEC is beyond the jurisdiction Intergovernmental organizations enjoy
Center is an international agency that the NLRC functional independence from control
terminated the services of one Juvenal of the state in whose territory its office
Laganza neglecting his severance is located.
package. The latter sued and the
National Labor Relations Commission
ruled in favor.

W/N the NLRC has jurisdiction

Callado v. IRRI Callado is a driver employed by the NO: PD 1620 (a decree re the status, where the plea of diplomatic immunity
International Rice Research Institute privileges, and prerogatives of the is recognized and affirmed by the
who met an accident en route to NAIA IRRI) provides that the only way that executive branch of the government, it
and was fired on the grounds of driving the institute can waive rights is is then the duty of the courts to accept
drunk along with negligence to report expressly through its Director-General the claim of immunity
automobile defect. Before Callado was
able to submit a his answer in defense
of the charges, the IRRI issued a notice
of termination. Callado contended that
the IRRI has impliedly waived it
immunity as per its memorandum re
the handling of dismissed employees

W/N the IRRI has indeed waived its

immunity in the form of the

Co | CG | Ti 17
 aforementioned memorandum

DFA v. NLRC The NLRC remanded ADB in a case of YES: The DFA's function includes, The DFA must be allowed to plead its
illegal dismissal in lieu of what the among its other mandates, the case whenever necessary or advisable
former presumed to be a waiver in the determination of persons and to enable it to help keep the credibility
form of an agreement entitled the institutions covered by diplomatic of the Philippine government before
“Charter” along with “Headquarters immunities, a determination which, the international community
Agreement” wherein it provided for when challenged,entitles it to seek
cases by which the latter did not have relief from the court so as not to
immunity. The DFA sought nullification. seriously impair the conduct of the
NLRC now questions W/N the DFA has country's foreign relations
legal standing to challenge

Immunity of Government Agencies

Case Name Facts & Issue Held/Ratio Doctrine

Municipality of San Fernando v. Judge Petitioner is a municipal corporation Judge acted in excess of his jurisdiction Municipal corporations are agencies of
Firme existing under and in accordance with when he held the municipality liable for the State when they are engaged in
the laws of the Republic of the the quasi-delict committed by its governmental functions and therefore
Philippines. regular employee. should enjoy the sovereign immunity
Jeepney and a dump truck belonging to Municipality cannot be held liable for from suit. Nevertheless, they are
petitioner collided. the torts committed by its regular subject to suit even in the performance
Several passengers of the jeepney died employee, who was then engaged in the of such functions their charter provided
and 4 others injured discharge of governmental functions. that they can sue and be sued.
TC - petitioner pay the plaintiffs. Hence, the death of the passenger tragic Generally not liable for torts committed
and deplorable though it may be by them in the discharge of
. imposed on the municipality no duty to governmental functions and can be
pay monetary compensation held answerable only if it can be shown
that they were acting in a proprietary
capacity.

Farolan v. CTA Vessel arrived at the Port of Manila w/ Bureau of Customs cannot be held As an unincorporated government
80 bales of screen net consigned to liable for actual damages that the agency without any separate judicial
Baging Buhay. private respondent sustained with personality of its own, the Bureau of
Re-examination found that shipment regard to its goods. To permit private Customs enjoys immunity from suit.
was undervalued respondent's claim to prosper would Vested with an inherent power of
Collector of Customs forfeited the violate the doctrine of sovereign taxation.
shipment in favor of the gov’t immunity. Since it demands that the Performs the governmental function of
16 remaining bales were missing. The Commissioner of Customs be ordered collecting revenues which is defined

Co | CG | Ti 18

Suits against Public Officers
Case Name
City of Angeles v. CA
Veterans Manpower v. CA
Co | CG | Ti 19
respondent claims that of the 143,454 to pay for actual damages it sustained, not a proprietary function.
yards released, only 116,950 yards for which ultimately liability will fall on
were in good condition the government,
respondents demand that the Bureau of Thus private respondents claim for
Customs pay for damages for the damages against the Commissioner of
43,050 yards it actually lost Customs must fail.
Facts & Issue Held/Ratio Doctrine
Deed of Donation , 51 parcels of land The Court ruled that public officials are Petitioners mayor and members of the
situated in Barrio Pampang from not immune from damages in their Sangguniang Panlungsod of Angeles
private respondent . “devoted and personal capacities arising from acts City were sued only in their official
utilized solely for the site of the Angeles done in bad faith. In theory, the cost of capacities, hence, they could not be
City Sports Center. Any change or such demolition, and the held personally liable without first
modification in the basic design or reimbursement of the public funds giving them their day in court.
concept of said Sports Center must expended in the construction thereof, Prevailing jurisprudence holding that
have the prior written consent of the should be borne by the officials of the public officials are personally liable for
DONOR.” City of Angeles who ordered and damages arising from illegal acts done
1988, petitioners started the directed such construction. in bad faith are premised on said
construction of a rehab center on a the public officials concerned officials having been sued both in their
portion of the donated land. deliberately violated the law and official and personal capacities.
Private respondent protested such persisted in their violations, going so
action for being violative of the terms far as attempting to deceive the courts
and offered another site for the rehab by their pretended change of purpose
Petitioners rejected the alternative and usage for the center, and “making a
Private respondent filed a complaint mockery of the judicial system.”
for breach of the conditions and Indisputably, said public officials acted
seeking the revocation of the donation. beyond the scope of their authority and
Petitioners admitted the to the jurisdiction and with evident bad faith.
construction but alleged that the
conditions in the deed were contrary to
the Subdivision Ordinance of the
Municipality of Angeles.
Petitioner assails the constitutionality Yes. The acts of the PC Chief were The consent of the State to be sued
of the provisions under Section 4 and performed as part of their official must emanate from statutory authority.
17 of RA 5487 (Private Security Agency duties. No bad faith. Without such consent, the trial court
Law) and the Issuance of License for did not acquire jurisdiction over the
the Operation of PADPAO against public respondents.
 monopolies, unfair competition and
combinations in restraint of trade,
which tends to favor the Philippine
Association of Detective and Protective
Agency Operators, Inc. (PADPAO).
Petitioner assails that it is monopolistic
because it has an interest in more than
one security agency.

PADPAO refused to issue a

clearance/certificate of membership to
Veterans Manpower (VMPSI). VMPSI
made a request letter to the PC Chief to
set aside or disregard the findings of
PADPAO and consider VMPSI’s
application for renewal of its license,
even without a certificate of
membership from PADPAO.

Is the complaint (request letter) a suit

against the State without its consent?

Wylie v. Rarang Wylie and Williams, US Naval Base Yes, the case shall prosper. Indeed, the
assistant administrative officer and imputation of
commanding officer, respectively. theft contained in the POD was a
Rarang was an merchandise control defamation against the character and
guard in the Office of the Provost reputation of the PR. Petitioner Wylie
Marshal. himself admitted that the Office of the
Rarang pressed on an action for Provost Marshal explicitly
damages constituting false, injurious recommended the deletion of the name
and malicious defamation and libel “Auring” if the article will be published.
against the two petitioners when Wylie, The
in one of his duties, featured in a daily petitioners, however, were NEGLIGENT
publication that confiscated goods were because under their direction, they
being consumed and used for personal issued the publication without deleting
benefit by the merchandise control the said name. Such act or omission
guard, Auring. Rarang was the only one was ULTRA VIRES and CANNOT be
named Auring. deemed part of official duty.

W/N officials of the US Naval Base Art XVI, Sec. 3 - State may not be sued
inside Philippine territory, in discharge without its consent. The doctrine of
of their duties, are immune from suit. incorporation is applicable not only to

Co | CG | Ti 20
 suits against the state but also to
W/N a crime or tort, while in the complaint filed against officials for acts
discharge of their duties, are covered that are in the discharge of their duties.
by the principle of state immunity from
suit.

Consent to be sued

Case Name Facts & Issue Held/Ratio Doctrine

Republic v. Feliciano Feliciano filed a complaint with the CFI A suit against the state is not permitted, Suit against the state is not permitted,
against the Republic, for the recovery of except upon a showing that the state except upon a showing that the State
ownership and possession of a parcel of has consented to be sued. Moreover, has consented to be sued, either
land. the Proclamation is not the legislative expressly of by implication through the
Pres. Magsaysay issued Proc. No. 90 act. The consent of the State to be sued use of statutory language too plain to
reserving that area (including land must emanate from statutory authority. be misinterpreted.
Feliciano claims was private property Waiver of State immunity can only be It may be invoked by the courts at any
and should be excluded) for settlement made by act of the legislative body. stage of the proceedings.
purposes. Waiver of immunity, will not be
TC - lot no. 1 is private based on title, inferred lightly, but must be construed
excluded strictly.
SG - Can’t sue the state and no proper
proof of title

Meritt v. Gov’t of the Philippine Islands
Meritt was hit by a government The Government may expressly waive The government can give express
ambulance and severely injured and its consent to be sued. In this case, it consent to be sued. It simply waives its
not able to work. Driver was proved was done through Act 2547, immunity from suit, it does not
negligent. Government gave consent to An Act authorizing E. Merritt to bring automatically submit itself to liability in
be sued through Act 2457. suit against the Government of the favor of the plaintiff
Philippine Islands and authorizing the
Attorney-General of said Islands to
appear in said suit.

Froilan v. Pan Oriental Shipping
Defendant Pan Oriental took Yes. Appellees Froilan, Compania Implied consent - when State
possession of the vessel in question Maratma, and the Republic of the commences litigation and gets involved
after Froilan was in default. Philippines are declared liable for the in the case, then they have impliedly
Cabinet allowed Froilan to repossess reimbursement to appellant of its waived their immunity from suit.
the vessel for payment up front and legitimate expenses, as allowed by law,
continuous installations. Froilan paid with legal interest from the time of
but Pan Oriental refused to return the disbursement

Co | CG | Ti 21
 vessel.
Republic intervened praying for the
possession of the vessel to foreclose the
chattel mortgage.
W/N The Republic may be held liable

USA v. Ruiz US accepted bids for projects. The state may be said to have There is implied consent when state
Eligio de Guzman & Co., Inc. submitted descended to the level of an individual enters into a business contract.
bids. Company received two telegrams and impliedly consented to be sued
from the US to confirm its price when it enters into business contracts. State may be said to have descended to
proposals The company But It does not apply where the the level of an individual and can thus
complied,which they thought meant contract relates to the exercise of its be deemed to have tacitly given its
acceptance sovereign functions. In this case the consent to be sued only when it enters
In June 1972, the company received a projects are an integral part of the into business contracts. But It does not
letter saying that the company did not naval base which is devoted to the apply where the contract relates to the
qualify to receive an award for the defense of both the US & Phil., they are exercise of its sovereign functions.
projects because of an unsatisfactory not utilized for nor dedicated to
performance rating. The letter further commercial or business purpose
said that the projects had been
awarded to third parties

Suitability not outright liability

Case Name Facts & Issue Held/Ratio Doctrine

Meritt. v. Gov’t of the Philippine Islands
Meritt was hit by a government NO, the government is not liable for the By consenting to be sued a state simply
ambulance and severely injured and negligent act of the ambulance driver. waives its immunity from suit. It does
not able to work. Driver was proved The state is not responsible for the not thereby concede its liability to
negligent. Government gave consent to damages suffered by private plaintiff, or create any cause of action in
be sued through Act 2457. individuals in consequence of acts his favor, or extend its liability to any
performed by its employees in the cause not previously recognized. It
discharge of the functions pertaining to merely gives a remedy to enforce a
their office. preexisting liability and submits itself
In the case at bar, the ambulance driver to the jurisdiction of the court, subject
was not a special agent nor was a to its right to interpose any lawful
government officer acting as a special defense.
agent hence, there can be no liability
from the government

Fontanilla v. Mailaman National Irrigation Administration The court concluded that the National NIA was created for the purpose of

Co | CG | Ti 22
 (NIA), was declared to be a gov’t agency Irrigation Administration is a "constructing, improving,
w/ proprietary functions. government agency with a juridical rehabilitating, and administering all
NIA was held liable for the injuries, personality separate and distinct from national irrigation systems in the
resulting in death, of son of petitioner the government. It is not a mere agency Philippines, including all communal
spouses caused by the fault/negligence of the government but a corporate and pump irrigation projects."
of NIA’s driver employee; NIA was body performing proprietary functions. Certainly, the state and the community
ordered to pay the petitioners for the Therefore, it may be held liable for the as a whole are largely benefited by the
death, funeral expenses and damages. damages caused by the negligent act of services the agency renders, but these
NIA claims that they are an agency of its driver who was not its special agent. functions are only incidental to the
the government tasked with principal aim of the agency, which is
governmental functions, and therefore the irrigation of lands.
not liable for the tortiuous act of its They may be sued as a corporation but
driver, who was not its special agent the government is not liable since they
are a corporate body performing
proprietary functions.

Consent to be sued does not include consent to execution

Case Name Facts & Issue Held/Ratio Doctrine

Republic v. Villasor Judge Villasor issued an order declaring The funds of the AFP are public funds Judgment against the State cannot be
the finality of a decision in an duly appropriated and allocated for the enforced by execution.
arbitration case involving the Republic payment of pensions of retirees, pay The universal rule that where the State
(particularly AFP) et al.. He also and allowances of military and civilian gives its consent to be sued by private
directed the sheriffs concerned to personnel and for maintenance and parties either by general or special law
execute the said decision. operations of the AFP. is limited “only up to the completion of
AFP was directed to pay P1,712,396.40 gov’t funds and properties may not be proceedings anterior to the state of
as arbitration award. seized under writs of execution or execution” and that the power of the
The Republic is challenging the validity garnishment to satisfy such judgments Courts ends when the judgment is
of Judge Villasor’s order on the ground for obvious considerations of public rendered.
that the judge acted in excess of his policy. The functions and public
jurisdiction, or atthe very least, grave services rendered by the State cannot
abuse of discretion be allowed to be paralyzed or disrupted
by the diversion of public funds from
their legitimate and specific objects, as
appropriated by law.

Municipality of San Miguel v. Fernandez Judge Fernandez, judgement against All the funds of the municipality in the Unlike the State which has the
defendant Muni. Gov’t of San Miguel possession of the Municipal Treasurer immunity of not being sued without its
(Civil No. 604-B) of San Miguel and of Bulacan, are public consent, A municipal corporation is an
Court - defendant municipality to pay funds which are exempt from execution example of an incorporated agency

Co | CG | Ti 23

Municipality of Makati v. CA
Immunity cannot be used to perpetrate an injustice on a citizen
Case Name
Ministerio v. CFI of Cebu
Co | CG | Ti 24
the plaintiffs (P64,440 rentals from as stated under Presidential Decree No. which has a charter of its own that
1970 to 1975 + interest from Jan 1970 477, "The Decree on Local Fiscal grants them the competence to sue and
until fully paid,P3,000 atty's fees and Administration", Section 2, paragraph be sued. However, municipal
cost of suit) (a): No money shall be paid out of the government is generally not liable for
Private respondents moved for treasury except in pursuance of a torts committed during the discharge of
issuance of writ of execution for the lawful appropriation or other specific its governmental functions. It can be
satisfaction of the said judgement statutory authority. There must be an held liable only if it has been proven
Petitioner-Motion to Quash the writ of ordinance duly passed by the that they were acting in a proprietary
execution-municipality's Sangguniang Bayan for corresponding function. Failing to do this, the claimant
property/funds are all public funds appropriation before any money of the cannot recover.
exempt from execution. municipality may be paid.
Motion denied by respondent judge
Petitioner expropriated a portion of Absent a showing that the municipal Public funds are not subject to levy and
land owned by private respondents council of Makati has passed an execution, unless otherwise provided
RTC - Cost of land:P5,291,666 - ordinance appropriating the said for by statute. Municipal revenues
P338,160 (advanced payment) amount from its public funds deposited derived from taxes, licenses and market
Issued the writ of execution w/ a writ in their PNB account, no levy under fees, and which are intended primarily
of garnishment of funds of the execution may be validly effected. and exclusively for the purpose of
petitioner - deposited in PNB. However, this court orders petitioner financing the governmental activities
Order was opposed by petitioner - to pay for the said land which has been and functions of the municipality, are
motion for reconsideration,funds at the in their use already. This Court will not exempt from execution
PNB could neither be garnished nor condone petitioner's blatant refusal to The State's power of eminent domain
levied upon execution then result in the settle its legal obligation arising from should be exercised within the bounds
disbursement of public funds w/o the expropriation of land they are already of fair play and justice.
proper appropriation required enjoying.
RTC dismissed motion, CA affirmed
RTC. Petition for review.
Facts & Issue Held/Ratio Doctrine
Petitioners sought payment of just The doctrine of governmental The doctrine of governmental
compensation alleging that in 1927 the immunity from suit cannot be an immunity from suit cannot be an
Gov’t took possession of the lot and instrument for perpetrating an injustice instrument for perpetrating an injustice
used it for the widening of Gorordo Ave on a citizen. There was a failure on on a citizen
w/o paying just compensation what the law requires and the When the government takes property
Repeated demands for the payment or petitioners have the right to demand for public use without going through
return but defendants refused to from the Government what is due to the legal process of expropriation or
restore its possession. them. The Supreme Court decided that negotiated sale, the aggrieved party
 Respondents: the suit in reality was the lower court’s decision of dismissing may properly maintain a suit against
against the gov’t & should be dismissed the complaint is reversed and the case the government without thereby
for lack of consent. Submitted proof of remanded to the lower court for violating the doctrine of governmental
ownership and current possession by proceedings in accordance with law. immunity from suit without its consent
the Gov’t

Co | CG | Ti 25