Insights from Dean Ralph A. Sermiento's Lecture

Aug 22, 2024

Notes on the Lecture by Dean Ralph A. Sermiento

Introduction

  • Dean Ralph A. Sermiento: Dean of University of Saint LaSalle College of Law.
  • Achievements:
    • BA in Political Science, Outstanding Student Award at University of Negros Occidental.
    • Rotary Foundation International Group Study Exchange Scholar to Sweden.
    • Fulbright Institute Fellow at Temple University, USA.
    • Swiss IFF Scholar at Freeburg University, Switzerland.
    • Resource speaker at the 2010 ASEAN Regional Forum in Brussels.
    • Placed 10th in the 1997 Bar Examination.
    • Author of several law books.
    • Executive Director of the University of Saint LaSalle Law Center (1998-2010).

Lecture Overview

  • Focused on frequently asked topics in Public International Law and key concepts in Philippine Constitutional Law.

Article 1: National Territory (1987 Constitution)

  • Defines national territory:
    • Includes the Philippine archipelago and all waters.
    • Establishes territorial integrity and sovereignty.
    • Important for legal jurisdiction and international relations;
    • Often tested in bar examinations through hypothetical scenarios.

Archipelagic Doctrine

  • Allows the Philippines to treat its islands and surrounding waters as a single entity.
  • Codified in Article 1 of the 1987 Constitution and further emphasized in Republic Act No. 9522.
  • Recognized under UNCLOS (United Nations Convention on the Law of the Sea).
  • Legal implications on maritime resources and jurisdiction.

Doctrine of State Immunity

  • States cannot be sued in their own courts without consent (Article 16, Section 3 of the 1987 Constitution).
  • Protects the dignity and autonomy of the state.
  • Not an absolute rule; can be waived through express or implied consent.
  • The distinction between sovereign versus commercial activities.

Incorporation Clause

  • Article 2, Section 2: Adopts generally accepted principles of international law into Philippine law.
  • Restrictive but automatic; applies to customary international law.
  • Transformation method: Non-self-executing treaties require legislation to have domestic force.

Separation of Powers

  • Distributes government functions among executive, legislative, and judiciary.
  • Violations occur when one branch encroaches upon another’s powers.

Checks and Balances

  • Distinction between checks (active restraints) and balances (structural features).
  • Examples of checks include veto power and impeachment.
  • Balances include decentralization, different terms of office, and bicameral Congress.

Blending of Powers

  • Requires cooperation among branches; examples include budget preparation and treaty making.

Police Powers

  • Inherent power of the state to enact laws for public welfare.
  • Must have lawful subject and means.
  • Conflicts between police powers and individual rights are subject to judicial scrutiny.

Eminent Domain

  • Right of the government to take private property for public use with just compensation.
  • Distinction between regulatory taking (no compensation) and compensable taking (entitled to compensation).

Equal Protection Clause

  • Article 3, Section 1: Protection against arbitrary government actions.
  • Subject to reasonable classification.
  • Various tests of scrutiny (rational basis, intermediate scrutiny, strict scrutiny).

Freedom of Expression

  • Includes freedom from prior restraint and subsequent punishment.
  • Concepts such as marketplace of ideas and clear and present danger test are key.
  • Distinction between content-based and content-neutral regulations.

Freedom of Religion

  • Guarantees the right to choose and practice religion.
  • Separation of church and state principle.
  • Tests include Lemon Test for non-establishment and strict scrutiny for free exercise.

Searches and Seizures (Article 3, Section 2)

  • Right to privacy; warrants require probable cause.
  • Exclusionary rule applies to evidence obtained in violation of rights.
  • Valid warrantless searches under specific circumstances.

Powers of Congress

  • Legislative powers include taxation, appropriation, and impeachment.
  • Procedural limitations ensure checks on legislative actions (one bill, one subject rule).

Veto Powers

  • President has the power to veto bills and specific line items.
  • No legislative veto allowed under Philippine law.

Judicial Review

  • Supreme Court's power to review the constitutionality of laws and treaties.
  • Limitations include political questions and mootness.

International Law

  • Sources include treaties, international customs, and general principles of law.
  • Distinctions between monist and dualist systems regarding the incorporation of international law.

Conclusion and Q&A

  • Dean encourages bar candidates to use their time wisely.
  • Addressed questions related to presidential immunity and appropriation powers.
  • Emphasized legislative process and the role of the Senate in treaty ratification.