National Territory

Magallona v Ermita
Issue: Whether or not Philippine Baseline Law is unconstitutional

Ruling: The Baseline Laws are mechanism for UNCLOS III to precisely describe the delimitations, and it is
in no way affects the enlargement or diminution of territories.

UNCLOS has nothing to do with the acquisition or loss of territory, however it is necessary to safeguard
the maritime zone of the Philippines and provides international recognition of the delimitation of the
Philippines maritime zone and continental shelf.

The conversion of internal waters into archipelagic waters, the Philippines still retains jurisdiction over
them.

Internal Waters
The waters around, between, and connecting the islands of the archipelago form part of the internal
waters or the archipelagic water.

Declaration of Principles and State Policies

Defense of the State

The citizen may be required to render personal, military, or civil service; without distinction of gender.

Republic of Indonesia v Vinzon

The Republic of Indonesia, a foreign state, has sovereign immunity from suit and cannot be sued as
party-defendant in the Philippines.

Issue: Whether or not the Republic has waived its immunity from suit by a express provision in the
Maintenance Agreement it entered into.

Ruling: No. The maintenance agreement was entered into by the Republic in the discharge of its
governmental function. Thus. It cannot be deemed as a waiver of its immunity from suit.

The establishment of a diplomatic mission is a sovereign function, which necessarily includes the
maintenance and up-keep.

Mobil Philippine Exploration v Custom Arrastre Service and Bureau of Custom

Issue: Whether or not the action of the group of importers against the Bureau of Custom will prosper
(action to recover the value of the undelivered case and damages)
Ruling: The action will not prosper. The primary function of the bureau is governmental, that of
assessing and collecting taxes out of the imported articles. And in order to discharge such governmental
function, arrastre services is a necessary incident. Thus as a general rule, agencies of the government
performing governmental function is immune from suit and also if it is an unincorporated agency
without separate juridical personality.

Issue: whether or not the arrastre corp could sue the Bureau for the unpaid rentals.
Ruling: The contract of the Bureau with the Arrastre is a necessary incident to perform its governmental
function.

State Immunity LGU

Issue: Whether or not the Municipality may be sued for the injuries sustained by the pedestrian who
was hit by a glass pane from the municipal hall.
Ruling: Yes, the state immunity defense will not prosper:
1. A municipality may sue and be sued, as expressly provided under the Local Government Code
2. And may be held liable for damages due to defective roads, bridges, public buildings, and other
public works as provided by the Civil Code.

Legislative Department
Tapay vs Bancolo
Issue: Whether or not the unlawful practice of law (Congressman-Lawyer) may be a ground for
disbarment.
Ruling: As a general rule, members of the Congress are prohibited from a personally appearing as
counsel before a judicial, quasi-judicial, and admin bodies.
However, such unauthorized practice of law would warrant a penalty of suspension only.

Operative Fact Doctrine

The general rule is that a law declared by proper court of justice as unconstitutional shall produce no
effect.

The Operative Fact Doctrine is the exception of the said rule. The Doctrine provides that the law which
was declared unconstitutional shall be treated as invalid. However, the effects of the unconstitutional
law prior to its declaration of nullity shall be left undisturbed as a matter of equity and fair play.

Doctrine of Necessary Implication

What is implied in the Statute is as much as a part thereof which is expressed.

Statute is understood by implication to contain all provisions necessary to effectuate its object and
purpose

Principle of Handover
The incumbent officer may remain in the office and continue to discharge the function of his office
beyond his term / tenure, until his successor has been elected and qualified.

Investigation in Aid of Legislation

The investigation in aid of legislation is for the purpose of eliciting information useful for legislation, and
not for prosecution.

The attendance of the resource person is mandatory and may be compelled through compulsory
processes; and may be cited in contempt (sanction) for failure to attend.

Only the President, or the Executive Secretary by order of the President can invoke executive privilege.

Law-making; Conflict of Interest

The law is valid, though it may have indirectly benefited a member of Congress (under the same political
party which authored the law)

The member should have notified the House the potential conflict of interest in the filing of the
proposed legislation which they authored.