Saturday, November 20, 2010
Political Law Doctrines
Archipelagic Doctrine – Integration of a group of islands to the sea and their oneness so that together they can constitute one unit, one country, and one state. An imaginary single baseline is drawn around the islands by joining appropriate points of the outermost islands of the archipelago with straight lines and all islands and waters enclosed within the baseline form part of the territory. The main purpose is to protect the territorial interests of an archipelago. (Art 1.)
Doctrine of Parens Patriae – government as guardian of the rights of the people. (Governemntof Philippine Islands v. El Monte Piedad)
Plain View Doctrine – the objects within the sight of an officer who has a right to be in a position to have that view are subject to seizure and may be presented as evidence (open to the eye and hand).
Doctrine of Indelible Allegiance – an individual may be compelled to retain his original nationality notwithstanding that he has already renounced or forfeited it under the laws of the second state whose nationality he has acquired.
Doctrine of Judicial Supremacy – Although holding neither purse nor sword and so regarded as the weakest of the three departments of the government, the judiciary is nonetheless vested with the power to annul the acts of either the Legislative or the Executive department or both when not conformable to the fundamental law.
Regalian Doctrine ( Jura Regalia) – All lands of the public domain, waters, minerals, coal, petroleum and other minerals oils, all forces of potential energy, fisheries, forests, or timber, wildlife, flora, and fauna and natural resources belong to the State. With the exception of agricultural lands, all other natural resources shall not be alienated. (Sec. 2 Art XII)
Stewardship Doctrine – Private property is supposed to be held by the individual only as a trustee for the people in general, who are its real owners.
Doctrine of Shifting Majority – For each House of Congress to pass a bill, only the votes of the majority of those present in the session, there being a quorum, is required.
Doctrine of Qualified Political Agency or Alter Ego Principle – Acts of the Secretaries of Executive departments when performed and promulgated in the regular course of business or unless disapproved or presumptively the acts of the Chief Executive (Villena v. Secretary of the Interior)
Doctrine of Proper Submission- plebiscite may be held on the same day as regular election provided the people are sufficiently informed of the amendments to be voted upon, to conscientiously deliberate thereon, to express their will in a genuine manner. Submission of piece-meal amendments is constitutional. All the amendments must be submitted for ratification at one plebiscite only. The people have to be given a proper frame of reference in arriving at their decision. They have no idea yet of what the rest of the amended constitution would be. (Tolentino v. Comelec)
(The (revised) 1973 Philippine Constitution: Notes and cases)
(The 1987 Philippine Constitution: A reviewer-primer)
(Philippine constitutional law)