Pre-Bar Quizzer in Political Law – Part I: Constitution of Government 111-118

111. May a school punish its students for illegal acts committed outside the school premises and beyond school hours but within the semester where they are enrolled?

                   Yes because they still carry the name of the school and their actuations affect the reputation of the school. ( ANGELES VS. SISON, 112 SCRA 26) This rule was reiterated in the cased of DE LA SALLE UNIVERSITY VS. CA (2008) where a rumble between two fraternities took place outside the school campus but the students involved were EXPELLED by the school. The Supreme Court, however, while conceding the power of the school over its students held that the penalty of expulsion is too harsh a penalty. It should be EXCLUSION, meaning, they are not allowed to enroll at the De La sale but they should be given transfer credentials so that they may enroll in another school.

         

          112. What are the underlying principles behind the constitutional proscription that the State cannot be sued without its consent?

          By reason of public policy (if every citizen is allowed to sue the government, it will be distracted from performing its functions to serve the people and it will be left just answering cases in court), by reason of sovereignty (the people shall not be allowed to sue the very entity that gives it said right;) and by reason of consent (when the people ratified the Constitution which includes the provision that the State cannot be sued without its consent, it has consented or waived said right to sue).

 

113. How may the State gives its consent to be sued?

Expressly when there is a law allowing it and impliedly when it enters into a contract with an individual because in the latter, it descended to the level of an individual making it susceptible to counterclaims or suits.

 

114. May the government be sued in the exercise of its governmental functions?

Yes if the government agency has a charter which allows it to be sued.  (RAYO VS. CFI OF BULACAN, 110 SCRA 456). Also, the government is not allowed to invoke its immunity from suit if by doing so, it will be causing an injustice to its citizens. (MINISTERIO VS. CFI of Cebu, 40 SCRA and SANTIAGO VS. REPUBLIC, 87 SCRA 294)

 

115. Is the US Government also immune from suit in the Philippines in connection with the exercise of its governmental functions?

Yes. This was the ruling in  U.S. VS. RUIZ, 136 SCRA where it was held that even if there is a contract entered into by the US Government but the same involves its “jusre imperii”  functions (governmental functions”, it cannot be sued. It is only when the contract involves its “jus gestiones” or business or proprietary functions that it may be sued.

 

          116. Are local governments also entitled to invoke immunity from suit?

          Yes.

 

          117. May a municipality be held liable for damages as a result of the death of a person arising from the collapse of a stage constructed by the local government in connection with its town fiesta?

               No, a town fiesta I a business or proprietary function since no law requires any town, city, province or barangay to hold an annual fiesta. (TORIO VS. FONTANILLA, 85 SCRA 599)

 

          118. May the government still be held liable to a private individual if the contract it entered into is void but the other party had already complied with his obligations under said agreement?

          Yes, because the government shall not enrich itself at the expense of its citizens. (DEPARTMENT OF HEALTH VS. C.V. CANCHELA, et al., 475 SCRA 218)

 

Reference:

Pre-Bar Quizzer in Political Law (Doctrinal Rulings, Requisites and Definitions) July, 2008 by Atty. Larry D. Gacayan

College of Law, University of the Cordilleras

Baguio City

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About Magz

First of all, I am not a lawyer. I'm a graduate of AB Political Science and went to the College of Law but stopped going to law school for some reasons. I'm a passionate teacher who has been teaching English to speakers of other languages and a person who likes writing and blogging. I lost some important files and software when my computer broke down so the reason I created this website is to preserve the notes, reviewers and digests I collected when I was at the law school and at the same time, I want to help out law students who do not have enough time to go and read books in the library.

Posted on June 22, 2011, in Political Law and tagged . Bookmark the permalink. Leave a comment.

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