PRELIMINARY CONSIDERATION
Borromeo
● What is the lesson for the students?
Conducto v. Monzon
● What did the court say re: judge’s keeping abreast with the law?
Macariola v. Asuncion
● How did political law save the judge from conviction?
- Political law must be abrogated when transferring of sovereignty
● When was the Code of Commerce Art 14 abrogated?
Republic v. Sandiganbayan
● Can government exist without constitution? How?
- Yes…. (Rights of the people are retained)
MPH v. GSIS
● Why is it considered as self-executing?
● The provision of preference to Filipino, is it equal?
THE STATE
Magallona v. Ermita
● What is the Archipelagic doctrine? What is the importance?
● What is the concept of regime of island?
- (not part of archipelago because of the said provision but still part of PH territory)
Arbitration case
● what is the basis of China?
● What did the arbitrary said about the basis of china?
Reagan v. Comm.
● Why is the airbase still part of PH territory?
Bacani v. nacoco
● What are the functions of government?
- (Constituent and ministrant)
● distinctions of the functions?
● What is the reason for mentioning this?
- Nacoco is not a govt agency
ACCFA v. CUGCO
● What happened to distinguishing constituent and ministrant functions?
● What did ACCFA do based on traditional distinction of the functions?
● Why did the distinction become obsolete?
- Due to growing complexity of modern society
Shipside v. CA
● Distinctions of two functions of government
● Why is it necessary for the court to discuss it?
STATE IMMUNITY
● What is the concept of state immunity?
● What is the rationale why state cannot be sued without its consent?
● When can state immunity be waved?
Merritt v. Government
● What consent?
-express
● What is special agent?
● Is the government liable for damages? Did they pay?
US v. Ruiz
● What consent?
-implied
Republic v. Sandiganbayan
● What consent?
-implied
● How it is implied?
- Thru contract
● Who initiated the case? How?
- PCGG issued writs placing under sequestration
Mobil Ph v. Customs
● Does it matter if incorporated or uncorporated when it comes to state immunity?
● Difference between suability and liability
- Suability: depends on the consent
- Liability: depends on the applicable law and established facts
● What is the issue, suability or liability?
- Suability
● Basis of mobil with regard to immunity?
- Arrastre services is a proprietary function
● What did the court say?
- Arrastre is incidental to its government function
PNB v. palaban
● What was the problem?
- Whether pnb funds are public in character
-it is not public because it is from proprietary act
● What kind of contract?
● The wirt of garnishment, in favor of whom?
Ministerio v. CFI
● How did the SC resolve the issue?
● State immunity cannot be use as a defense for what?
● What is the basis for allowing the state to be sued?
DOTC v. Abecina
● Bill of rights
Torio v. Fontanilla
● Was it a question of suability or liability?
-liability
● Can municipal corporation invoke state immunity?
municipality of san Fernando v. firme
● Was it a question of suability or liability?
● If the state delays the case, what will the plaintiff do?
● How can the plaintiff be paid?
- Government cannot pay without appropriation from the government(COA)
Republic v. Hidalgo
● What did the SC escort malacanang to do?
● Did the republic lawfully acquire the property?
SEPARATION OF POWER AND CHECKS AND BALANCES
● Why separation of powers
● What if no separation of powers
● Principle of checks and balances in connection with separation of powers
● Political question doctrine in relation to checks and balances
● Principle of nondelagation of powers
● What are the allowable delegations
● When is emergency of powers allowable to the president?
● When does emergency power end
● What happened to the emergency powers in the 1935 consti
STATE PRINCIPLES AND POLICIES
● What is republicanism
● Are the people mere creatures of the state
