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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.
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Full transcript