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    RBG RECIT QUESTIONS

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    Gwyneth Santos
    This document provides an overview of key concepts in Philippine constitutional law, including: 1) The distinction between constituent and ministrant government functions, and how this distinction has become obsolete due to modern complexity. 2) The concept of state immunity from lawsuits, and the exceptions where a state can waive this immunity, such as through express or implied consent via contract. 3) The principles of separation of powers and checks and balances, and how powers are delegated between branches of government, with exceptions for emergencies. 4) Fundamental state principles like republicanism and the role of people in relation to the state.

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    RBG RECIT QUESTIONS

    Uploaded by

    Gwyneth Santos
    131 views4 pages
    This document provides an overview of key concepts in Philippine constitutional law, including: 1) The distinction between constituent and ministrant government functions, and how this distinction has become obsolete due to modern complexity. 2) The concept of state immunity from lawsuits, and the exceptions where a state can waive this immunity, such as through express or implied consent via contract. 3) The principles of separation of powers and checks and balances, and how powers are delegated between branches of government, with exceptions for emergencies. 4) Fundamental state principles like republicanism and the role of people in relation to the state.

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    Copy-of-RBG-RECIT-QUESTIONS

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    This document provides an overview of key concepts in Philippine constitutional law, including: 1) The distinction between constituent and ministrant government functions, and how this distinction has become obsolete due to modern complexity. 2) The concept of state immunity from lawsuits, and the exceptions where a state can waive this immunity, such as through express or implied consent via contract. 3) The principles of separation of powers and checks and balances, and how powers are delegated between branches of government, with exceptions for emergencies. 4) Fundamental state principles like republicanism and the role of people in relation to the state.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    131 views4 pages

    RBG RECIT QUESTIONS

    Uploaded by

    Gwyneth Santos
    This document provides an overview of key concepts in Philippine constitutional law, including: 1) The distinction between constituent and ministrant government functions, and how this distinction has become obsolete due to modern complexity. 2) The concept of state immunity from lawsuits, and the exceptions where a state can waive this immunity, such as through express or implied consent via contract. 3) The principles of separation of powers and checks and balances, and how powers are delegated between branches of government, with exceptions for emergencies. 4) Fundamental state principles like republicanism and the role of people in relation to the state.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    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

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