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Constitutional Law 1 Additional Cases, Valid Ordinance #, Beneficial Use…

- - - - The power to propose, enact, appeal, and repeal laws.
    - - The power to execute the laws enacted by the legislative
        
        Administrative Order No. 308 #
        
        Implementation of the Adminstrative Code of 1987
        
        Infringement of Right to Privacy
        
        Fatally broad and unnarowingly drawn
        
        Lack of unequivocally specified purposes
        
        Need to clarify the penal aspects
        
        Gives a right and imposes a duty
        
        People would have a hard time transacting with the government and are
- - - - Express Waiver
        
        General Law
        
        Department of Agriculture v. National Law Relations Commission
        "[T]he general law waiving the immunity of the State from suit is found in Act No. 3083, where the Philippines government 'consents and submits to be sued upon any money claim involving liability arising from contract, express or implied, which could serve as a basis of civil action between private parties.'"
        
        Special Law
        
        May come in the form of a private bill authorizing a named individual to bring suit on a special claim
      - Implied Waiver
        
        There is implied consent of the part of the State to be subjected to suit when the the State enters into a contract.
      - The State's immunity from suit may be shelved when stubborn observance will lead to the subversion of the ends of justice.
      - The doctrine of governmental immunity from suit cannot serve as an instrument for perpetrating an injustice on a citizen.
      - Incorporated
        
        there is a separate charter
        
        if the charter provides that it can sue, then the suit will be sustain
        
        provision in the charter constitutes express consent #
      - Unincorporated
        
        there is no separate charter
        
        there must be an inquiry into the functions of the government
        
        Proprietary
        
        Suit will lie, because when the state engages in principally proprietary functions, it descends to the level of a private individual, and may, therefore be vulnerable to suit.
        
        State may only be liable for proprietary acts (jure gestionis) and not for sovereign acts (jure imperii).
        
        Governmental
        
        No suit without consent.
- - - - Enact ordinances for the health and safety, prosperity, morals, peace, good order, comfort, and convenience of municipality and inhabitants, and protection of their property
      - Rational Relationship Test
        
        Analysis of equal protection challenges; ordinances are upheld if they rationally further a legitimate govt interest
        
        the interests of the public generally requires its exercise
        
        the means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals
      - Strict Scrutiny Test
        
        focus is on the presence of compelling govt interest and the absence of less restrictive means for achieveing said interest
    - - Enact ordinances and make regulations not repugnant to law
- - - - Treasury of Manila
      - Transfered to Court
    - - Leased to Manila Hotel Corporation
- - - - UNCLOS III
        
        Multilateral treaty regulating sea-use rights over maritime zones:
        
        Territorial Waters
        12 nautical miles from baselines
        
        Contiguous Zones
        24 nautical miles from baselines
        
        Exclusive Economic Zone
        200 nautical miles from baselines
        
        Continental shelves that UNCLOS III delimits.
      - The enactment of UNCLOS III compliant baselines law for the Philippine archipelago and adjacent areas, as embodied in RA 9522, allows an internationally-recognized delimitation of the breadth of the Philippines' maritime zones and continental shelf. RA 9522 is therefore a most vital step on the part of the Philippines in safeguarding its maritime zones, consistent with the Constitution and our national interest.
    - - The waters
        ABCI
        Around
        Between
        Connecting the
        Islands of the archipelago,
        regardless of breadth and dimension, form part of the internal waters of the Philippines.
      - The national territory comprises the:
        (1) Philippine archipelago, with all islands and waters embraced therein, and
        all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its:
        TFA
        Terrestrial
        Fluvial
        Aerial domains
      - (2) including its:
        TSSIO
        Territorial sea
        Seabed
        Subsoil
        Insular shelves, and
        Other submarine areas.