QUIZ 2 STUDENTS' ANSWERS

 

Albertine Din

Exam: quiz in constitutional law part 2

Word count: 262

Writing time: 19 minutes

Email: albertine.din@gmail.com

Class: Consti Law 1

Teacher: Judge Bastasa

1. The garnishment of UP funds is not proper because while UP can be made liable, a claim for payment of the judgment must first be filed with the Commission on Audit.  No, the University of the Philippines is not immune from suit, and as such, it can be sued. It is not immune from suit because it is a separate juridical entity from the government.

2. The Philippine government cannot be made liable in this case. Instead, the Court ruled that the high ranking officials must be made liable for the damages, because while they invoke that they committed such acts in the fulfillment of their functions, the Court ruled that this is not the case once they have exceeded their authority or abused their office.

3. The suit will not prosper because the Holy See has been given a status of a foreign sovereign by the Philippines. As such, under the equality of sovereign states, the Holy See is immune from suit from a private individual. The individual can take recourse by pleading the Philippine government to take up the case and discuss with the Holy See the validity of their claims. 

4. 

5. (a) prerogative or royal dishonesty is another way of saying state immunity, or the immunity of the state from being sued. (b) jure imperii means public acts, which could render a sovereign state immune from suits; while jure gestionis means private acts, in which the government can enter into a contract for commercial purposes, and by doing so, the former will not be immune from suits. 

Albertine Din

2020-11-21

Audey Principe

Exam: quiz in constitutional law part 2

Word count: 455

Writing time: 158 minutes

Email: audeygprincipe@gmail.com

Class: Constitutional Law 1

Teacher: Judge Ric Bastasa

1. The garnishment of UP funds will not prosper, it is the Commission on Audit that has a primary jurisdiction to examine, audit and settle "all debts and claims of any sort" due from or owing the Government or any of its subdivisions, agencies and instrumentalities, including government-owned or controlled corporations and their subsidiaries. UP is a juridical personality separate and distinct from the government and has a capacity to sue and be sued.

2. The money claims against the goverment should be filed before the Commission on Audit pursuant to CA act No. 327, COA as one of the govenrment's independent entity has the capability to pay for the money claims. The President of the Philippines and the military officials are not suable under the jurisprudence in the case in David vs. Macapagal-Arroyo and in leui thereof, the section 3, Article XVI of the Constitution states that the "State may not be sued without its consent."

3. No. The herein petitioner Holy See who excercises sovereignity over the Vatican City in Rome, Italy, and is represented in the Philippines by the Papal Nuncio is a non-suable entity. Therefore the suit will not prosper.

4. Yes, the Bureau of Customs is correct in their contention. According to the Rules of Court, Section 1, Rule 3, provides that only natural and juridical persons or entities authorized by law may be parties in a civil action. In the case therein, the BOC is a bureau under the Department of Finance, thus BOC cannot be sued under the first two abovementioned categories of natural and juridical personalities.

5. All states are sovereign equals and cannot assert jurisdiction over one another; the doctrine is sometimes derisively called "the royal prerogative of dishonesty" because of the previlege it grants the state to defeat any legitimate claim against it by simply invoking its non-suability. Jure gestiones is a latin term meaning, by way of doing business; it is generally means a nation's acts that are essentially commercial or private, in contrast to its public acts. Jure emperii is an act by means of dominion; it is an activity of a governmental or public nature carried out by a foreign state or one of its subdivisions. Pacta sunt servada or aggreements must be kept, whereas, rebus sic stantibus is a clause in international conventions that provides for the unenforceability of a treaty due to fundamentally change circumstance. Examples of jure gestiones is opening a gaming corporation, renting airplane for business purposes, hosting banquet during international delegation. Examples of jure emperii are extraction of  Filipinos in war areas, meeting between a Philippine Ambassador in Qatar to the Emirati of the country, purchasing of covid 19 vaccine in France thru the Philippine Consul.

Audey Principe

2020-11-21

Cherrie May Pancho

Exam: quiz in constitutional law part 2

Word count: 246

Writing time: 34 minutes

Email: cmb102792@gmail.com

Class: Constitutional Law 1

Teacher: Judge Ric Bastasa

1. A. No, the garnishment funds means when the money is legally withheld from your paycheck and sent to another party. B. No, Under Article XVI of the 1987 Constitution that the state may not be sued without its consent. The University of Philippines cannot be immuned from suit. 
2. Yes, Under the Joint Resolution No. 4 in Paragraph e that the based pay for the military must be subject to the review to ensure they are compensated. In Paragraph f states the base pay for the military shall take into account. The military must be professionalism and commitment to service. 
3. No, the Star Corporation cannot be sued to Holy See and they must give a consideration for the said contract.
4. No, the Bureau of Custom may be liable to the product did not delivered in the exact location. 
5. (a) prerogative of royal dishonesty is a doctrine that has a privilege to grant the legitimate claim and invoking its non-suability.

(b) Jure Gestionis means by the way of doing business, and it is a commercial and private contrast to the public act. Jure emperii means acts by right of dominion, and it is the activities of the government that has state and subdivisions. 
(c) pacta sunt servanda means it is the agreement must be kept and rebus ric stantibus means things standing thus.
(d) jure jestiones for example. In international law, the state accept the responsibility of transcations and not claim for immunity.

Cherrie May Pancho

2020-11-21

Cherrie May Baes Pancho

Exam: quiz in constitutional law part 2

Word count: 0

Email: cmb102792@gmail.com

Class: Constitutional I

Teacher: Judge Ric Bastasa

Cherrie May Baes Pancho

2020-11-21

DC Kimberly Cuenca

Exam: quiz in constitutional law part 2

Word count: 377

Writing time: 45 minutes

Email: kimberlycuenca@gmail.com

Class: Constitutional Law 1

Teacher: Judge Ric Bastasa

1. 

  The garnishment of U.P. Funds is proper. The University of the Philippines failed to secure the merit that the said funds are government/public funds. 

  The University of the Philippines is immune from suit. The CA cited that UP ranks with MIAA, a government instrumentality exercising corporate powers, but not organized as a stock or non-stock corporation. UP is not government-owned and controlled corporation in the strict sense. UP has the choice if they will invoke the doctrine of state immunity frim suit in the proceeding a quo.

2. 

  The Philippine government thru the Preisident of the Philippines and the military officials are liable for the compensation asked. The Contract for Service clearly claims that private respondents can sue the State, and it gives consent of the State to be sued upon any monetorial claim involving liability arising from contract, express or implied.

3.  

  The suit will prosper.  The decision to transfer the property is clothed with a governmental character, and the petitioner did not sell the piece of land for profit. The Star Corporation can ask the Philippine government to espouse its claims against Holy See.

4.

  No, the Bureau of Customs' contention is wrong. The Bureau of Customs' capacity to be sued is implied from its very power to render arrastre service in the Port of Cebu. 

5. 

(a) Prerogative of royal dishonesty is also called the doctrine of state immunity. There can be no legal right against the authority which makes the law on which the right depends. The privilige the prerogative of royal dishonesty grants the state to defeat any legitimate claim against it is by simply invoking its non-suability.

(b) Jus gestiones or acts by right of management refers to activities of a commercial nature carried out by a foreign State or one of its agencies. Jure emperii or acts by right of dominion are activities of a governmental or public nature carrued out by a foreign State or one of its agencies.

(c.) Pacta sunt servanda or agreements must be kept is a brocard and a fundamental principle of law. Rebus sic stantibus is the legal doctrine allowing for a contract or a treaty to become inapplicable because of a fundamental change of circumstances.

(d.) Examples of

DC Kimberly Cuenca

2020-11-21

Edison Alviar

Exam: quiz in constitutional law part 2

Word count: 156

Writing time: 36 minutes

Email: edisonalviar755133@gmail.com

Class: Constitution

Teacher: Hon. Ric Bastasa

1. No. because the fund that were garnished  from the government fund and not from it personal fund. No. because they have juridical autonomy. Yes. beccause they not immune from criminal and civil suit.

2. No. the state are immune fron suit whether criminally or civilly as provided in article XVII section 17 of th constitution.

3. No. because the Pope is immune from suit.

4. Yes. because the case be filed against the service provider concerned in transporting the good from the port of cebu to prot of dipolog.

5. a. Prerogative of royal dishonesty is a priveledge grant to a state to free from suit with regard to the suability.

b. Jure gestiones- Private act. Jure emeperii Public act.

c.Pacta sunt servanda- agreement must be kept. Rebus sic stantibus clause in international convention that provides for the unenforceability of a treaty.

d. procurement of government equipment. renting of commercial property for commercial purposes.

Edison Alviar

2020-11-21

Holly-Ann Cabasag

Exam: quiz in constitutional law part 2

Word count: 442

Writing time: 75 minutes

Email: cabasaghollyann4@gmail.com

Class: Constitutional Law

Teacher: Judge Ric S. Bastasa

1. Yes. The garnishment of UP funds is proper. The said institution is not immune from suit thus enabling the said institution to be sued. It is provided in the NLRC (National Labors Commission) under the Labor Code that UP has the obligations to pay for the salaries of the security guards and that the said institution can be held liable for the non issuance of the payment of the security guards. 

2. No. The Philippine government cannot be held liable however they are suable for the deaths of the 30 farmers. The killing of the 30 farmers executed by the military officials is not in the exercise of their duty as they only wear civilian clothes and not in their official uniform. 

3. No. The suit will not prosper because in the contract the squatters must be evicted when the payment was already made and the payment was only half. Thus, the Holy See didn't follow the said contract.  

4. No. The contention of the Bureau of Customs is not correct. It is correct that the government cannot be sued however, in the performance of their duty if there is a misconduct, the said entity can be liable for such act. Thus, the Bureau of Customs is not free from such misconduct. 

5. a. This doctrine is also called "the royal prerogative of dishonesty" because of the privilege it grants the State to defeat any legitimate claim against it by simply invoking its non-suability.

b. Jure gestiones is the immunity of the State that is limited to claims involving its public acts. Thus, this means that the State's acts that are essentially commercial or private, in contrast to its public acts. Upon other hand, jure emperii are activities of government or public nature carried out by a State or one of its subdivisions.

c. Pacta sunt servanda is a Latin for " agreements must be kept". This is referred to in many international agreements governing treaties. Without such, no international agreement would be binding or enforceable. Upon other hand, rebus sic stantibus is clause in international agreements ot treaties that provides for uneforceability of a treaty due to fundamentally changed circumstances.

d.

Examples of jure gestiones include the following:

1. The purchase of guns for military purposes

2. The purchase of private jets for wars

3. renting out of state owned property in a foreign state country for commercial purposes

Examples of jure emperii include the following:

  1. The state in exercising its power to enact laws 

  2. Granting of a license to an investor

  3. The state in exercising its power, take private property for public use with just  compensation 

Holly-Ann Cabasag

2020-11-21

Kyle Kristian Jay Geromo

Exam: quiz in constitutional law part 2

Word count: 422

Writing time: 76 minutes

Email: kylekristianjaygeromo@gmail.com

Class: Constitutional Law 1

Teacher: Judge Ric S. Bastasa

1. The garnishment of funds of U.P. funds is proper. The University of the Philippines is not immune from suit, therefore rendering a suit towards them. The University entered into a private contract with the security guards which is impliedly expressed that suit is possible. Every public and and private sectors are subject to the the National Labor Relations Commission which is under the Labor Code, that they should give payment to their employers in due time. 

2. No, they are not liable, however they are suable for the deaths of the 30 magsasaka. The armed men are under the state and they did not exercise under their duty when they dressed themselves as civilians when the marched happened. The heirs of the farmers can sue the state for damages that happened and can be granted with compensation for their loss.  

3. No, it will not propesper. In the contract, the squatters must be evicted when the payments is already completed. The payment made was only half as stated in the case. Therefore, Star Corporation did not follow the agreement made with the Holy See. 

4. No, the contention of the Bureau of Customs is wrong. The claims of the agency cannot use the immunty since they committed a misconduct in handling and in the performance of their duty that greatly afffected the aggrieved party. 

5. a. Prerogative of royal dishonesty is an immunity from suit based on the political truism that the state as a sovereign can do no wrong. It is a privilege granting the state defeat any legitimate claims against it by simply invoking it non-suability.

b. Jure gestiones is a government are commercial acts in respect of which the state is not immune but is subject to the jurisdiction of territorial sovereign. While jure emperii are activities of a governmental carried out by a foreign state or one of its subdivision. 

c. Pacta sunt servanda is referred to international agreements governing and stipulations of the parties to a contract must be observed. While rebus sic stantibus, is a clause in international conventions that provides for the unforceability of a treaty due to fundamentally changed circumtances. 

d. Jure gestiones examples are 1. the government purchase of fighter planes for armed forces; 2. renting of stated owned property; and 3. buying of commercial land for new building of police officers

Jure emperii examples are 1. law drafting and making; 2. law dafting and makingallowing investors to have license inside the country; and 3. acts of expropriation by govenment agency.

Kyle Kristian Jay Geromo

2020-11-21

Livina Petralba

Exam: quiz in constitutional law part 2

Word count: 371

Writing time: 113 minutes

Email: petralbalivina@gmail.com

Class: JD-1

Teacher: Judge Ric Bastasa

1. No, the garnishment of the funds of UP to pay for the salaries of the security guards is not proper. It is the COA's primary jurisdiction to audit and settle the debts  claimed due from owing government-owned  or controlled corporations and their subsidiaries.

No,  the University of the Philippines is not immune from suit  since it is separate from state's juridical entity and has its own covenant. So consequently, t can be sued and held liable.

2.  No, the Philippine government through the President of the Philippines and their military officials will not be liable of the said killing since the military armed men were not in uniform and the could not be in their line of duty.

3.  The said suit will not prosper. Holy See is immune from suit for selling the lot because it is non-proprietary in nature. The lot was acquired by petitioner through donation, and it was not made for commercial purpose but for the use of constructing the Papal Nuncio's official residence..

4. Yes, Bureau of Costums is correct to its contention. Bureau of Costums under the Philippine government cannot be sued without its consent since the latter is not a private corporation.

5.  (a) Prerogative of  royal dishonesty is the principle that gives a state a privilege  cannot be sued and cannot sue another sovereign through invoking its non-suability.

(b) Jure gestiones  is the right of dominion  and jure emperii  are private acts by right of management.

(c) 

(d) Examples of jure gestiones are (1) the production of Philippine native products for the consumption of the Filipinos, (2) the construction of  farm to market road  using the national government's budget for the easy access  of the people with their products, and (3) the requirement of visa when visiting other's country.

On the other side, examples of jure imperri are (1) the  installation of China Dito Telecomm in the Philippines for the said faster internet connection on its 5g for the Filipino's high speed satisaction, (2) the use of one of the planes of the Philippine Airlines  for the travel of the delegates to participate for olympic games, and (3) the lease of one of the Philippines establisment for an embassy of another's country.

Livina Petralba

2020-11-21

lovelle naquila

Exam: quiz in constitutional law part 2

Word count: 235

Writing time: 56 minutes

Email: lovellenaquila@gmail.com

Class: jd 1

Teacher: Judge Ric Bastasa

1. The University of the Philippines cannot be sued/

2.  The President of the Philippines is not liable for compensation and he is not suable. The government can compensate the farmers that were killed.

The military officials were liable for the farmers for the farmers only exercises their rights specifically sec.4 of Bill of rights.

3.No it will not proper because on the first place it cannot be put to sale beacause that peace of land was donated unless the Pope being the representative.

4.No, the contention of the Bureau of Customs is not correct. According to law no official or agency is above the law and everybody who is under the law is amenable to be sued in court.

5.a. Prerogative of royal dishonest- the privilege it grants the state to defeat any legitimate claim against it by simply invoking its non-suability.

b. jure gestiones- generally means nation`s acts that are essentially commercial or private, in contrast to its public acts.

jure imperii- acts by right of dominion. Acta jure imperii are activities of a governmental or public nature carried out by a foreign State or one of its subdivisions.

c. pacta sunt servanda - Latin for "agreements must be kept"

rebus sic stantibus- Latin "things standing thus". Stipulates that, where there has been a fundamental change of circumstances, a party may withdraw from or terminate the treaty in question.

 

lovelle naquila

2020-11-21

Marie Beth Revilla

Exam: quiz in constitutional law part 2

Word count: 445

Writing time: 72 minutes

Email: mariebeth.revilla1432@gmail.com

Class: Constitutional Law

Teacher: Judge Ric Bastasa

1.  Yes it is, because the NLRC (National Labor Relations Commision) has the right to order funds for the security agency. No the university of the philippines is not immune from suit because although the university is under the government payment to the security agency because it implied under the labor code and expressed in the contract therefore UP is liable for the payments because contracts are binding.

2.  Yes, because under the constitutional law they cannot be held liable but they are suable for the deaths of the farmers because during the exercise of their duty they were not wearing their uniforms during the incident therefore the farmers were not aware that they were the military.

3.  No the suit will not prosper because in the contract the Holy See must evict the squaters in the land because the othe half of the payment shall be payed so in this instance Holy See did not follow what was written in the contract and contracts are binding.

4.  A government agency cannot be sued although in this situation in the performance of their act they misconducted their duty by failing to guard the petron products.

 

5.  a.) Prerogative of royal dishonesty is a doctrine and it is named so because of the privilige it grants the state to defeat any legitimate claim against it by simply invoking it non suatability. In domestic societies it is hardly fair, because the state is not a tyrant unmoved by the valid claims of its citizens.

  b.) Jure gestionis refers to activities of a commercial nature carried our by a foreign state or one of its subdivisions or agencies. However, the acts are not immune from jurisdiction and process of local courts under the modern doctrine of restrictive foreign sovereign immunity.

        Jure emperii refers to activities of a governmental or public nature carried out by a foreign state or one of its subdivisions. Also state the immunity under the modern doctrine of restrictive foreign sovereign community.

  c.) Pacts sunt servanda means "agreements must be kept" it is an old principle of international law.

 Rebus sic stantibus means "things standing thus" it is where there has been a fundamental change of circumstances, a party may withdraw from or terminate the treaty in question..

  d.) EXAMPLES:

JURE GESTIONES:

• purchase of fighter planes for the air force
• renting out a state owned property in a foreign country for commercial purposes.
• purchase of a ship for maritime force

 JURE IMPERRI:

• The act of making a law
• The granting of a liscence to an investor
• An act of expropriation

Marie Beth Revilla

2020-11-21

Mary Rovytte Banas

Exam: quiz in constitutional law part 2

Word count: 380

Writing time: 56 minutes

Email: maryrovytte.b@gmail.com

Class: Constitutional

Teacher: Judge Ric S. Bastasa

1. 

  NO. The Garnishment was not proper as this did not go throught the proper procedure- the filing of a claim with the COA. In the case of Lockheed vs UP the court ruled that:

  Before execution can be made, a claim for payment of the judgment award must first be filed with the COA. It is the Coa which has the primary  jurisdiction to examine, audit and settle "all debts and claims of any sort" due from or owing the Government or any of its government-owned or controlled corporations.

  Though that the said funds have been garnished this erroneously carried out and did not go through the proper procedure of which is the filinf of a claim with the COA. 

  NO. one of the exceptions the rule in state's immunity: A government in itself has violated its own laws is not entitled in the right of state's immunity. 

  Yes. UP can be sued. As a rule, it the state has waived its immunity the state can be sued. In the said case, UP consented to be sued when it participated in the proceedings. Since that, UP had waived its right to state's immunity it then be sued. 

2.

  NO. While the Republic in this case is sued by na,e. the ulitimate liability does not pertain to the government. although the anti-riot forces were discharging their officials functions when the incident occurred, their functions ceased to be official the moment they exceeded their authority. Based on the Commissions findings, there was lack of justification by the government forces in the use of firearms. Moreover, the members of the anti-riot forces committed an unlawful ast as there was unneccessary firing by them in dispersing the marchers. An officer cannot shelter himself by the plea that he is a public agent acting under the color of his officer when his acts are wholly without authority. 

3.

4.

5. 

1.  Prerogative of royal dishonesty: the privilege it grants to the state to defeat any legitimate claim against it by simply invoking its no-suability.
2. Jure imperii are acts of a sovereign nature and are subjected to immunity and Jure gestionis are commercial acts in respect of which the state is not immune but is subject to the jurisdiction of the territotial sovereign.
3. Pacta sunt servanda: 

Mary Rovytte Banas

2020-11-21

Meg Dianne Paler

Exam: quiz in constitutional law part 2

Word count: 236

Writing time: 36 minutes

Email: megdianne@yahoo.com

Class: Constitution 1

Teacher: Judge Ric Bastasa

PALER, Meg Dianne C. 

Quiz 2 

1. The garnishment of the UP fund was not carried out properly and did not follow a proper procedure as it did not file a claim with COA. UP is not immune from suit as it has its own separate and distinct entity from the national government, hence it can be sued and held liable. Furthermore, UP has full control and management of its financial aspects. 

2. The president and the military officials are liable for the compensation asked by the families killed in the Mendiola massacre. Yes, the Philippine government through the president and the military officials can be sued. 

For the president, it can only pursue once he is out from his tenure as president. 

3. 

4. 

5. a. prerogative of royal dishonetsy means that all sattes are equal and no state is above or over another state. 

 b. jure gestiones means the commercial transactions by government entities owned. 

c. pacta sunt servanda from its latin word which means that agreements must be kept. when two parties contract and agreement, the terms and conditions of the contract must be held by both parties and rebus sic stantibus is where there is changes of circumstances, a contracting party may withdraw from the agreement it questions. 

d. jure gestiones examples 

  jure emperii examples means acts by right dominion. it describes the transactions by state agencies or representatives liek the diplomats. 

Meg Dianne Paler

2020-11-21

Nicefel Villomo

Exam: quiz in constitutional law part 2

Word count: 346

Writing time: 76 minutes

Email: Nicefelvillomo@yahoo.com

Class: Constitutional Law

Teacher: Judge Ric S. Bastasa

1.)  Yes. The order of National Labor Relations Commision of the garnishment of funds in the University of the Philippines is proper.

  No. The University of the Phillipines is not immune from suit.

According to the Labor Code of the Philippines as the law governing employment practices and labor relations in the Philippines.

Therefore it can be sued.

2.)     No. they cannot be held liable for the compensation since they are not wearing their uniform in the exerise of their duty during the incident, however they are suable for criminal liability for the death of the 30 farmers. 

3.) No. The suit will not prosper. based on the case provided Holly See only paid half of the payment and it is not specified of how much is the amount given as stated in this case. Star Corporation did not follow the agrreement based on the contract wherein the squatters must be evicted first.

4.)  No. the Bureau of Customs is incorrect since in this case provided there is a misconduct of their duty. It was their duty take good care of the products although it is a Philippine government agency. Therefore they are still liable for the damages.

5.)      A.) Prerogative of royal dishonesty

  -The Privilege grants the state to defeat any ligitimate claim against it by simply invoking its non-suability.

          B.)  Jure Gestiones-  It belongs to the realm of Private law.

                    Jure Emperii- It belong to the  Government

         C.) Pacta Sunt Servanda and Rebus sic Stantibus

  -An expression signifying that the agreement and stipulations of the parties to a contract must be observed."Agreements must be kept. 

  -International agreement or treaties that provides for the un enforceability of a treaty due to fundamentally changed circumstances.

      D.)

  -Jure getiones

 1. the purchase of fighter planes for Air Force.

  2. Purchase of a Police Patrol cars for PNP.

  3.Renting out of state owned property in a foreign country for commercial

 

  -Jure Imperii.

1.Law Making

2.Granting of a license to an investor

3.Acts of Expropriation

 

Nicefel Villomo

2020-11-21

Raul Ronnel Barbosa

Exam: quiz in constitutional law part 2

Word count: 168

Writing time: 99 minutes

Email: barbosarau21@gmail.com

Class: Constitutional Law 1

Teacher: Hon. Ric Bastasa

1.) Not proper since a law must be passed to appropriate the money owed. Generally, no. If the state consented t the suit then U.P. can be sued. 

2.)  They can't sue the President personally unless that President is impeached. They can sue the state if the state consents and the military officials be held liable.

3.)

4.)

5.)  a. The state can invoke its immunity to suit thereby quelling any claim against it.
 b. Jure gestiones - the acts are of a state are commercial or private; while Jure emperii - acts of a foreign state or its agents. Examples: The U.S. erecting military bases inside the territory of their allies. Chinese banks or government agents dealing with North Korea. The U.S. investigating Iraq for alleged weapons of mass destruction. 

c.) pacta sunt servanda - In the world of law it means treaties between states.

d. rebus sic santibus - Treaties can change or removed due to circumstances.

Raul Ronnel Barbosa

2020-11-21

Vanessa Mawile

Exam: quiz in constitutional law part 2

Word count: 430

Writing time: 76 minutes

Email: vanessamawile04@gmail.com

Class: Constitutional Law 1

Teacher: Judge Ric S. Bastasa

1. Yes, the garnishment of UP funds as ordered by the NLRC is proper. No, the UP is not immune from suit. Further, the UP entered into a contract with the security agency implying its consent to be sued. Under the law, the state may not be sued without its consent however if it does it can be. 

2. The Philippine government thru the President and military officials are not liable for compensation asked by surviving heirs however, they are suable. In the case at bar, the military men were not in their official uniform. Thus it is them, the military men, who are liable for the acts and not the state.

3. No, the suit will not prosper because it is stipulated in the contract that the Holy See shall evict the squatters before the payment shall be paid. In this case, "before the complete payment" is not defined. It could mean half or 3/4. Thus, Star Corporation cannot sue Holy See in the ground mentioned.

4. The contention of the Bureau of Customs, it being a government agency cannot be sued, is incorrect for its obligation arose from its own wrongful action in business.

5. a.) Prerogative of royal dishonesty is the privilege it grants the state to defeat any legitimate claim against it by invoking non-suability.It is not absolute and does not say that the State may not be sued under any circumstance. It can be sued if its consents.

 b.) Jure emperii  is where the application of doctrine of immunity from suit has been restricted to sovereign and governmental activities. On the other hand, jure gestiones is where the mantle of state immunity cannot be extended to commercial, private and proprietary acts. 

c.) Pacta sunt servanda is a principle of international law which means agreements must be kept. This principle is very important as no international agreement would be binding or enforceable without this. Rebus sic stantibus, on the other hand, is a doctrine of international law that provides for the unenforceability of a treaty due to fundamentally changed circumstances.

d.) Examples of jure gestiones are: (1) purchase of fighter planes for the Air Force of the Philippines; (2) the act of renting of a state owned property in a foreign country for commercial used; and (3) a barbershop business in a foreign country. Examples of jure imperii are: (1) police power of imminent domain to take lands for the use of public; (2) the Statein making or enacting of laws; and (3) having foreign State invest in our country. 

Vanessa Mawile

2020-11-21

Yasser Nasser Galvez

Exam: quiz in constitutional law part 2

Word count: 448

Writing time: 46 minutes

Email: engrgalvez92@gmail.com

Class: JD-1 Consti Law 1

Teacher: Judge Ric Bastasa

1. No, the garnishment of UP funds to pay for the security guards underwages is not proper. A claim for payment of the judgment award by NLRC should have been filed, first hand, with the COA which has primary jurisdiction to examine, audit and settle all debts and claims of any sort due from or owing the government or any of its subdivisions, agencies and instrumentalities. 

Yes, the University of the Philippines is not immune from suit as it has its own separate and distinct juridical entity from the national government and has its own charter, thus it can sue, be sued and be held liable.

2. 

3. The suit will not prosper. The Holy See enjoys sovereign immunity and thus, immune from suit so long as it does not divest itself from said immunity arising from performance of acts jure gestiones or private acts in accordance to newer restrictive theory on sovereign immunity. In the case at bar, the Holy See did not enter into the Contract of Sale with Star Corporation for profit or commercial gain therefore can be afforded such immunity.

4. Yes, the Bureau of Customs (BOC) is correct in its assertions. The BOC, being under the Department of Finance, which is a non-corporate entity have no personality whatsoever of its own apart from that of national government. In the case at bench, it is only attending to its propriety functions and regardless of the merit of the claim against it, the State, for reasons of public policy , cannot be sued without its consent.

5. (a) Prerogative of royal dishonesty is the principle wherein states being sovereign co-equals cannot sue another sovereign and because of this privilege, it grants the state to defeat any legitimate claim against it by simply invoking its non-suability.

  (b) jure gestiones are acts by right of dominion and jure emperii are private acts or acts by right of management.

  (c) 

  (d) Examples of jure gestiones are (1) the hiring of a cook in a recreation center at the John Hay Air Station in Baguio City for catering to American servicemen and the general public; (2) the bidding for the operation of bnrber shops in Clark Air Base, in Angeles, Pampanga; (3) the opening of a store which sells Indonesian products by the Indonesian embassy for the general public consumption.

On the other hand, examples of jure emperii are (1) the lease by US government of areas stipulated in the Mutual Defense Treaty with the Philippines for use of its functions and duties under such agreement; (2) public bidding for the repair of US Naval Bases in the Philippines; and (3) the change of employment status of base employees.

Yasser Nasser Galvez