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.