1997

Doctrine of Incorporation; Constitutional Law (1997)

No. 1; What do you understand by the "Doctrine of Incorporation" in Constitutional Law?

SUGGESTED ANSWER:

The DOCTRINE OF INCORPORATION means that the rules of International law form part of the law of the land and no legislative action is required to make them applicable to a country. The Philippines follows this doctrine, because Section 2. Article II of the Constitution states that the Philippines adopts the generally accepted principles of international law as part of the law of the land.

State Immunity vs. Waiver of Immunity (1997)

No, 6: It is said that "waiver of immunity by the State does not mean a concession of its liability". What are the implications of this phrase?

SUGGESTED ANSWER:

The phrase that waiver of immunity by the State does not mean a concession of liability means that by consenting to be sued, the State does not necessarily admit it is liable. As stated in Philippine Rock Industries, Inc. vs. Board of Liquidators, 180 SCRA 171, in such a case the State is merely giving the plaintiff a chance to prove that the State is liable but the State retains the right to raise all lawful defenses.

Ordinance; Use & Lease of Properties; Public Use (1997)

No. 9: Due to over-crowding in the public market in Paco, Manila, the City Council passed an ordinance allowing the lease to vendors of parts of the streets where the public market is located, provided that the lessees pay to the city government a fee of P50 per square meter of the area occupied by the lessees. The residents in the area complained to the Mayor that the lease of the public streets would cause serious traffic problems to them. The Mayor cancelled the lease and ordered the removal of the stalls constructed on the streets.

Was the act of the Mayor legal?

SUGGESTED ANSWER:

The cancellation of the lease and the removal of the stalls are valid. As held in Macasiano vs. Diokno, 212 SCRA 464, the lease of public streets is void, since they are reserved for public use and are outside the commerce of man.

Admin Law; Meaning of "Government of the Philippines" (1997)

No. 3: Are government-owned or controlled corporations within the scope and meaning of the "Government of the Philippines"?

SUGGESTED ANSWER:

Section 2 of the Introductory Provision of the Administrative Code of 1987 defines the government of the Philippines as the corporate governmental entity through which the functions of government are exercised throughout the Philippines, including, same as the contrary appears from the context, the various arms through which political authority is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of local government.

Government owned or controlled corporation are within the scope and meaning of the Government of the Philippines if they are performing governmental or political functions.