Constitutional Law 1 - Doctrines

1. absolute privilege - Doctrine that protects persons from claims alleging defamation where the alleged defamatory statements were made by members of legislative assemblies while on the floor of the assembly or communications made in the context of judicial proceedings, as part of a trial. (Almonte vs Vasquez G.R. No. 95367 May 23, 1995) 2. Act of State - Every sovereign state is bound to respect the independence of every other state, and the courts of one country will not sit in judgment on the acts of the government of another, done within its territory. [Underhill v. Hernandez, 168 U.S. 250] 3. actio personalis moritur cum persona - Lat. [The doctrine that] personal action terminates or dies with the person. [Santos v. Sec. of Labor, L-21624, 27Feb. 1968]. 4. adherence of jurisdiction acquired jurisdiction, that done all that it can do in COMELEC G.R. No. 207264

- The principle that once a court has jurisdiction continues until the court has the exercise of that jurisdiction (Reyes vs October 22, 2013)

5. Aguinaldo - It effectively extinguishes a reelected official’s administrative liability from alleged wrongdoing during a previous term. (Perez vs COMELEC G.R. No. L-55873 February 25, 1985)

6. Aid of Legislation - Congress may conduct investigations and compel private individuals to furnish information when necessary and proper to execute Congress’ authority to legislate. (Romero vs Estrada G.R. No. 174105 April 2, 2009) 7. alter ego - a corporation, organization or other entity set up to provide a legal shield for the person actually controlling the operation (PND et al vs HYDRO RESOURCES CONTRACTORS CORPORATION G.R. No. 167530 March 13, 2013 8. Appropriations Control - prohibiting expenditure of any public money without legislative authorization." MARIA CAROLINA P. ARAULLO v. BENIGNO SEMION C. AQUINO III, G.R. No. 209287, July 1, 2014 9. archipelagic doctrine - It is the 2nd sentence of Section 1, Art. I of the Constitution which states that “the waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.” 10. assimilation of facts - Where what purports to be a finding upon a question of fact is so involved with and dependent upon a question of law as to be in substance and effect a decision on the latter, the Court will, in order to decide the legal question, examine the entire

record including the evidence if necessary. (People vs Cayat G.R. No. L-45987 May 5, 1939) 11. Augmentation - Prohibition against transfer of appropriations (PHILCONS vs Enriquez G.R. No. 113105 August 19, 1994) 12. AUTOLIMITATION - The doctrine where the Philippines adheres to principles of international law as a limitation to the exercise of its sovereignty. (Garces vs CA G.R. No. 114795 July 17, 1996) 13. Belligerent Occupation - A condition in which territory is under the effective control of a foreign armed force (Sameth vs Director of Prisons G.R. No. L-351 April 30, 1946) 14. Bicameralism - is one in which the legislators are divided into two separate assemblies, chambers or houses. (ABAKADA PARTY LIST vs PURISIMA G.R. No. 166715 August 14, 2008 15. blending powers - Instances when powers are not confined exclusively within one department but are assigned to or shared by several departments, e.g., enactment of general appropriations law. (CIR vs CA G.R. No. 207843 July 15, 2015) 16. BRANDEIS - a question of fact is dependent upon a question of law (Ople vs Torres et al G.R. No. 127685 July 23, 1998

17. Checks and Balances - The system of dividing power among the three branches of government (executive, legislative, and judicial) to prevent any one from having too much power. Each branch has some authority to check the power of the others, thereby maintaining a balance among the three ( Angara vs ELECOM G.R. No. L-45081 July 15, 1936) 18. civilian supremacy - It refers to a democratic form of government where civilian legislators are in charge of the governing of the nation - in other words NOT a military dictatorship. (Abadia vs CA G.R. No. 105597 September 23, 1994) 19. Colorable Legislation - mandates that a balance of power is to be struck between the different components of the State i.e. between the Legislature, the Executive and the Judiciary. (Mighty Corporation vs E&J Gallo Winery G.R. No. 154342 July 14, 2004 20. command responsibility - is a rule of substantive law that establishes liability and, by this account, cannot be a proper legal basis to implead a party-respondent in an amparo petition. IN THE MATTER OF THE PETITION FOR THE WRIT OF AMPARO AND THE WRIT OF HABEAS DATA IN FAVOR OF MELISSA C. ROXAS, MELISSA C. ROXAS v. GLORIA MACAPAGAL-ARROYO, et al., G.R. No. 189155, September 07, 2010 21. condonation - is a limited empowerment of the electorate over the accountabilities of their elective local officials. (PDIC vs COA G.R. No. 171548 February 22, 2008

22. constitutional supremacy - since the Constitution is the fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract. (Manila Prince Hitel vs GSIS G.R. No. 122156 February 3, 1997 23. continuous voyage - Goods reloaded at an intermediate port on the same vessel, or reloaded on another vessel or other forms of transportation may also be seized on the basis of the doctrine of ultimate consumption (US vs Steamship RUBI et at G.R. No. L-9235 November 17, 1915 24. Curtailment - the action or fact of reducing or restricting something (Gonzales vs COMELEC G.R. No. L-27833 April 18, 1969 25. Decentralization of Administration - It is a transfer of responsibility for planning, financing and management of certain public functions from central government and its agencies or commissions to field units of government agencies, or semi autonomous government ( Ganzon vs CA G.R. No. 93252 August 5, 1991

26. Declaratory Relief - refers to a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages. ( Ferrer vs Rocco G.R. NO. 174129 July 5, 2010 27. Dominium - refers to the capacity to own or acquire property, including lands held by the State in its proprietary capacity (Lee Hong Hok vs David G.R. No. L-30389 December 27, 1972 28. Drago - The doctrine held that international law did not authorize European powers to use armed intervention to force American republics to pay public debts.(Guevara vs BPI G.R. No. 159786 August 15, 2006 29. effective nationality - If a person has more than one nationality, he shall, within a third State, be treated as if he had only one; the third State shall recognize exclusively either the nationality of the State in which he is habitually and principally resident, or the nationality of the State with which he appears in fact to be most closely connected. (Frivaldo vs COMELEC G.R. No. 87193 June 23, 1989

30. Effective occupation - Discovery alone is not enough. For title to finally vest, discovery must be followed by effective occupation in a reasonable time and attestation of the same. (Magallona vs Ermita G.R No. 187167 August 16, 2011 31.

eminent domain - The right of a government over the private

lands within its jurisdiction. Usually invoked to compel land owners to sell their property in preparation for a major construction project such as a freeway. (Masikip vs City og Pasig G.R. No. 136349 January 23, 2006

32. enrolled bill - rule is a principle of judicial interpretation of rules of procedure in legislative bodies. Under the doctrine, once a bill passes a legislative body and is signed into law, the courts assume that all rules of procedure in the enactment process were properly followed. That is, "[i]f a legislative document is authenticated in regular form by the appropriate officials, the court treats that document as properly adopted. (Morales vs Subido G.R. No. L-29658 February 27, 1969 33. Equal Representation meaning that all groups are fairly represented. One man, one vote, the principal that each vote must have equal value and election districts must have equal populations (Aquino vs COMELEC G.R. No. 189793 April 7, 2010 34. Equipoise Doctrine - is a state in which opposing forces or actions are balanced so that one is not stronger or greater than the other. (Mendez vs CA G.R. No. 124491 June 1, 1999

35. Estrada Doctrine – recognition has been construed as approval and non-recognition, disapproval of a government. (Romualdez vs COMELEC G.R. NO. 167011 April 30, 2008 36. Ex necessitate legis - By necessary implication of law COA CEBU vs. PROVINCE OF CEBU G.R. No. 141386; November 29, 2001 37. Executive Agreement - an international agreement, usually regarding routine administrative matters not warranting a formal treaty, made by the executive branch without ratification by the Senate. (Land Bank of the Philippines vs Atlanta Industries Inc G.R. No. 193796 July 2, 2014 38. Executive clemency - the power of a President to pardon a person convicted of a crime, commute the sentence (shorten it, often to time already served), or reduce it from death to another lesser sentence. ( Garcia vs COA G.R. No. 75025 September 14, 1993

39.

executive privilege - "the right of the President and high-level

executive branch officers to withhold information from Congress, the courts, and ultimately the public." (Neri vs Senate Committee G.R. No. 180643

March 25, 2007

40. Exhaustion of Administrative Remedies - is that courts must allow administrative agencies to carry out their functions and discharge their responsibilities within the specialized areas of their respective competence. (Maglalang vs PAGCOR G.R. No. 190566 December 11, 2013 41. Expanded jurisdiction - a claim over which the court does not have original subject matter. ( COMELEC vs Noynay G.R. No. 132365 July 9, 1998 42. Expatriation - is the voluntary renunciation or abandonment of nationality and allegiance. (Palanca vs Republic G.R. No. L-301 April 7, 1948 43. External Sovereignty - Also known as INDEPENDECE, which is freedom from external control. It is the power of the State to direct its relations with other States. (Meritt vs Govt of Phil Islands G.R. No. L-11154 March 21, 1916 44. Exterritoriality – or diplomatic immunity , in international law, the immunities enjoyed by foreign states or international organizations and their official representatives from the jurisdiction of the country in which they are present. (Sec. of Justice vs Lantion G.R. No. 139465 January 18, 2000 45. FAIR COMMENT - Fair commentaries on matters of public interest are privileged and constitute a valid defense in an action for libel or slander (Borjal vs. CA, 301 SCRA 1) 46. Finality – refers to a rule that a court will not judicially review an administrative agency'saction until it is final (Mendiola vs Civil Service Com G.R. No. 100671. April 7, 1993. 47. Fiscal Autonomy - is a guarantee given by the Constitution to certain units of the government. It is intended as a guarantee of separation of powers and of independence from political agencies. (Prov of Negros Occ vs Commissioners G.R. No. 182574 September 28, 2010 48. forbidden office - is one to which a member cannot be appointed even if he is willing to give up his seat in Congress. The effect of his resignation from the Congress is the loss of his seat therein but his disqualification for the forbidden office nevertheless remains. The prohibition lies in the "fiduciary" nature of the relationship involved. (Zandueta vs Dela Costa G.R. No. L-46267 November 28, 1938 49. Gerrymandering - the reorganization of voting districts by the party in power to insure more votes for their candidates (Aldaba vs COMELEC G.R No. 188078 January 25, 2010 50. hold-over - The doctrine under which a public officer whose term has expired or services have been terminated is allowed to continue holding his office until his successor is appointed or chosen and had

qualified. (Mendoza vs Quisumbing G.R. No. 78053 June 4, 1990

51. hot pursuit - The exercise of limited jurisdiction over the contiguous zone and the patrimonial sea, to prevent infringement of its customs, fiscal, immigration or sanitary regulations. (People vs Mahusay G.R. No. 91483 November 18, 1997 52. immemorial prescription - which speaks of uninterrupted possession going beyond memory (Roxas vs Case G.R. No. 3544 March 27, 1907 53. Immutability – unchanging over time or unable to be changed (Mauleon vs Porter G.R. No. 203288 July 18, 2014 54. Imperium - is the authority possessed by the State embraced in the concept of sovereignty. (Basco vs PAGCOR G.R. No. 91649 May 14, 1991

55. Implication - the power to appoint carries with it the power to remove. As a general rule, therefore, all officers appointed by the President are also removable by him. (Chua vs CSC G.R. No. 88979 February 7, 1992 56. implied election – Those who electPhilippine citizenship in accordance with paragraph 3 hereof shall be deemed naturalborn citizens (CO vs HRET G.R. Nos. 92191-92 July 30, 1991

57. implied municipal liability - A municipality may become obligated upon an implied contract to pay the reasonable value of the benefits accepted or appropriated by it as to which it has the general power to contract [Province of Cebu v. Intermediate Appellate Court, 147 SCRA 447]. 58. implied powers - These powers give the branches of government flexibility when it comes to carrying out their express powers. (Republic vs Montano G.R. No. L-28055 October 30, 1967 59. inappropriate Provision - a provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto even if it is not an appropriation or revenue “item” (Gonzales v. Macaraig, Jr., 191 SCRA 452) 60. incorporation - It means that the rules of International law form part of the law of the land and no legislative action is required to make them applicable in a country. By this doctrine, the Philippines is bound by generally accepted principles ofi nternational law, which are considered to be automatically part of our own laws. (Tañada v. Angara, G.R.

No. 118295, May 2, 1997) 61. indelible allegiance - The doctrine that an individual may be compelled to retain his original nationality notwithstanding that he has already renounced or forfeited it under the laws of the 2nd state whose nationality he has acquired. (Yamashita vs Styer G.R. No. L129 December 19, 1945 62. inherent jurisdiction - is a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limits that authority or grants exclusive jurisdiction to some other court or tribunal. (Salcedo vs Hernandez G.R. No. L-44627 December 11, 1935 63. INTER-GENERATIONAL RESPONSIBILITY - the Court recognized legal standing to sue on behalf of future generations. Oposa vs factoran 64. Internal Sovereignty - refers to the power of the State to control its domestic affairs. It is the supreme power over everything within its territory. (Peralta vs Diirector of Prisons G.R. No. L-49 November 12, 1945 65. judicial admissions - [The] well-settled [doctrine] that judicial admissions cannot be contradicted by the admitter who is the party himself and binds the person who makes the same, and absent any showing that this was made thru palpable mistake, no amount of rationalization can offset it. [Binarao v. Plus Builders, Inc., GR 154430, June 16, 2006, 491 SCRA 49, 54]. 66. judicial deference - is the condition of a court yielding or submitting its judgment to that of another legitimate party, such as the executive in the case of national defense. (Amandy vs People G.R. No. 76258 May 23, 1988 67. judicial stability - even in cases of concurrent jurisdiction, it is, also, axiomatic that the court first acquiring jurisdiction excludes the other courts." (Panlilio vs Salonga G.R. No. 113087 June 27, 1994

68. judicial supremacy - [The doctrine recognizing that] the judiciary is vested with the power to annul the acts of either the legislative or the executive or of both when not conformable to the fundamental law. [Assoc. of Small Landowners v. Sec. of Agrarian Reform, GR 78742. July 14, 1989]. 69. jure gestionis - generally means a nation's acts that are essentially commercial or private, in contrast to its public acts. (US vs Ruiz G.R. No. L-35645 May 22, 1985 70. jure imperii - a state is immune from the jurisdiction of foreign courts as to its sovereign or public acts (The Holy See vs Rosario G.R.

No. 101949 December 1, 1994

71. Juris Tantum - a rebuttable presumption (in Latin, praesumptio iuris tantum) is an assumption made by a court, one that is taken to be true unless someone comes forward to contest it and prove otherwise. (Manuel vs People G.R. No. 165842 November 29, 2005 72. jus cogens - Customary international law has the status of a peremptory norm of international law, accepted and recognized by the international community of states as a rule from which no derogation is permitted. (Bayan Muna vs Romulo G.R. No. 159618 February 1, 2011 73. Jus Postliminium - providing for the invalidity of all illegitimate acts that an occupant may have performed on a given territory after its recapture by the legitimate sovereign. (Laurel vs Misa G.R. No. L-409 January 30, 1947 74. jus sanguinis - is a principle of nationality law by which citizenship is not determined by place of birth but by having one or both parents who are citizens of the state. (Poe-Llamanzares vs COMELEC GR 221697 75. jus soli - right of the soil', commonly referred to as birthright citizenship, is the right of anyone born in the territory of a state to nationality or citizenship. (Cordora vs COMELEC G.R. No. 176947 February 19, 2009 76. laissez faire - The repudiation of the laissez faire doctrine is reiterated in Association of Philippine Coconut Desiccators v. Philippine Coconut Authority, G.R. No. 110526, February 10, 1998, where it was held that although the 1987 Constitution enshrines free enterprise as a policy, it nevertheless reserves to the Government the power to intervene whenever necessary to promote the general welfare, as reflected in Secs. 6 and 19, Art. XII. 77. legislative purpose - first announced in Kilbourn vs. Thomposon, 103 US 168 (1880), has steadily declined in value as a limitation on the congressional power of investigation, until today it is used only as a counterweight to individual rights 78. lex posterior derogat priori - Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute [Secretary of Justice v. Lantion, G.R. No. 139465, January 18, 2000, 79. lis pendens - Lat. A pending suit. The jurisdiction, power or control which a court acquires over the property involved in a suit pending the continuance of the action and until final judgment thereunder. (Lim vs Vera Cruz G.R. No. 143646 April 4, 2001

80. local autonomy - A liberal interpretation of the zoning power of city and municipal boards and councils, as to include the power to accordingly reclassify the lands within the zones, would be in accord with the avowed legislative intent behind the Local Autonomy Act of 1959, which was to increase the autonomy of local governments. BUKLOD NANG MAGBUBUKID SA LUPAING RAMOS, INC. v. E. M. RAMOS AND SONS, INC., G.R. No. 131481, March 16, 2011 81. locus standi - is the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case. (Imbong vs Ochoa G.R. No. 204819 April 8, 2014 82. mare liberum - ). The freedom to use the world’s marine waters is one of the oldest customary principles of international law. (Arigo vs Swift G.R. No. 206510 September 16, 2014 83. Miranda - is a set of rights applicable to police detainees. (People vs Mojelo G.R. No. 145566 March 9, 2004 84. MONSANTO DOCTRINE - One who is given pardon has no demandable right to reinstatement. He may however be reappointed. (US vs MOntecillo G.R. No. 4317 August 18, 1908 85. Mootness - a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law. Thereby the matter has been deprived of practical significance or rendered purely academic. (Mendoza vs Villas G.R. No. 187256 February 23, 2011 86. Naturalization - admit (a foreigner) to the citizenship of a country. (Chu vs Republic G.R. No. L-3265 November 29, 1950 87. Negative-opposite - what is expressed puts an end to what is implied MISAEL VERA, ET AL. vs. HON. JOSE F. FERNANDEZ, ET AL. G.R. No. L-31364, March 30, 1979 88. Nondelegation - describes the theory that one branch of government must not authorize another entity to exercise the power or function which it is constitutionally authorized to exercise itself. (Agustin vs Edu G.R. No. L-49112 February 2, 1979

89. NON-INTERFERENCE - Regarded as an elementary principle of higher importance in the administration of justice that the judgment of a court of competent jurisdiction may not be opened, modified, or vacated by any court of concurrent jurisdiction (30-A Am Jur 605). 90. Nonsuability - The doctrine of state immunity is sometimes derisively 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 (Republic vs Feliciano G.R. No.

70853 March 12, 1987

91. one Supreme Court - according the United States v Limsiongco, 41 Phil 94 (1920), the divisions of the SC do not diminish its authority, because although it sits in divisions, it remains and co-functions as one body. This "one Supreme Court" doctrine is strengthened by the provision that "when the required number (in a division) is not obtained, the case shall be decided en banc: provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc. 92. open-court - which holds that civilians cannot be tried by military courts if the civil courts are open and functioning. But if the civil courts are not functioning, then civilians can be tried by the military courts. (Republic vs Oribello G.R. No. 199501 March 6, 2013 93. operative fact - the law is recognized as unconstitutional but the effects of the unconstitutional law, prior to its declaration of nullity, may be left undisturbed as a matter of equity and fair play. In fact, the invocation of the operative fact doctrine is an admission that the law is unconstitutional. (Chavez vs JBC G.R. No. 202242 July 17, 2012 94. overbreadth - permits a party to challenge the validity of a statute even though, as applied to him, it is not unconstitutional, but it might be if applied to others not before the Court whose activities are constitutionally protected. (Romualdez vs COMELEC G.R. NO. 167011 April 30, 2008 95. pacta sunt servanda - According to Tanada v. Angara, 272 SCRA 18 (1997), the sovereignty of the Philippines is subject to restriction by its membership in the family of nations and the limitations imposed of treaty limitations. 96. par in parem non habet imperium - The Head of State, who is deemed the personification of the State, is inviolable, and thus, enjoys immunity from suit. (Arigo vs Swift G.R. No. 206510 September 16, 2014 97. parens patriae - (father of his country). The doctrine [referring] to the inherent power and authority of the state to provide protection of the person and property of a person non sui juries. Under that doctrine, the state has the sovereign power of guardianship over persons under disability. (People vs Cawili G.R. No. L-30543 July 15, 1975

98. pari delicto – Latin for "in equal fault (better is the condition of the possessor)", is a legal term used to indicate that two persons or

entities are equally at fault, whether the malfeasance in question is a crime or tort. (Evangelista vs People G.R. No. 89319 October 12, 1993 99. passive personality - State exercises jurisdiction over crimes against its own nationals even if committed outside its territory. This principle may be resorted to if the others are not applicable. (LA BUGAL-B'LAAN TRIBAL ASSOCIATION, INC vs Ramos G.R. No. 127882 January 27, 2004 100. People Power - political pressure exercised through the public demonstration of popular opinion. (Marcos vs Manglapus G.R. No. 88211 September 15, 1989 101. Perpetual infallibility - continuous ; enduring; lasting; (SJS Officers vs Lim G.R. No. 187836 November 25, 2014 102. Pith and Substance - . The basic purpose of this doctrine is to determine under which head of power or field i.e. under which list (given in the Seventh Schedule) a given piece of legislation falls. (ITFP vs COMELEC G.R. No. 159139 January 13, 2004 103. plain view - is usually applied where the police officer is not searching for evidence against the accused, but nonetheless inadvertently comes upon an incriminating object [People v. Musa, 217 SCRA 597]. 104. political question - [The] well-settled doctrine that political questions are not within the province of the judiciary, except to the extent that power to deal with such questions has been conferred upon the courts by express constitutional or statutory provisions. [Tañada v. Cuenco, GR L-10520, Feb. 28, 1957]. 105. prejudicial question - The doctrine [that] comes into play generally in a situation where civil and criminal actions are pending and the issues involved in both cases are similar or so closely related that an issue must be pre-emptively resolved in the civil case before the criminal action can proceed. Thus, the existence of a prejudicial question in a civil case is alleged in the criminal case to cause the suspension of the latter pending final determination of the former. [Quiambao v. Osorio, GR L-48157 Mar. 16, 1988]. 106. Presidential veto - The power of a president or governor to reject a bill proposed by a legislature by refusing to sign it into law (Philconsa vs Enriquez G.R. No. 113105 August 19, 1994 107. President's immunity from suit - In a resolution in Carillo v Marcos, (April 1981) and in the latest case of In re Bermudez (October 1986), the Court said that it is "elementary that incumbent Presidents are immune from suit or from being brought to court during the period of their incumbency and tenure." 108.

PRIMARY ADMINISTRATIVE - Where there is competence or

jurisdiction vested upon administrative body to act upon a matter, no resort to courts may be made before such administrative body shall have acted upon the matter. (Republic vs Sandiganbayan G.R. No. 89425 February 25, 1992 109. primary jurisdiction - prior recourse to the House is necessary before petitioners may bring the instant case to the court. (Bank of Commerce vs Planters Bank G.R. Nos. 154470-71 September 24, 2012 110. PRIOR RESORT - Where there is competence or jurisdiction vested upon administrative body to act upon a matter, no resort to courts may be made before such administrative body shall have acted upon the matter. (Quintos vs NSF G.R. No. L-37052 November 29, 1973 111. privileged communication - [The doctrine] that utterances made in the course of judicial proceedings, incl. all kinds of pleadings, petitions and motions, belong to the class of communications that are absolutely privileged. [US v. Salera, 32 Phil. 365]. 112. pro reo - When in doubt, rule for the accused (BOngalon vs People G.R. No. 169533 March 20, 2013 113. Progressive Interpretation - This means that the Constitution cannot be interpreted in the same way as an ordinary statute. Rather, it must be read within the context of society to ensure that it adapts and reflects changes. (Garcia vs CA G.R. No. L-35234 May 26, 1977

114. proper submission - All the proposed amendments to the Consti. shall be presented to the people for the ratification or rejection at the same time, not piecemeal. (Gonzales vs COMELEC G.R. No. L28196 November 9, 1967 115. proportional representation - an electoral system in which parties gain seats in proportion to the number of votes cast for them. (Cunanan vs Tan G.R. No. L-19721 May 10, 1962 116. Protective Sweep- n conjunction with an in-home arrest when the searching officer possesses a reasonable belief based on specific and articulable facts that the area to be swept harbors an individual posing a danger to those on the arrest scene. (LCP vs COMELEC G.R. No. 176951 117. Public Fisc - asserting that all monies received from whatever source by any part of the government are public funds; (Araullo vs Aquino G.R. No. 209287 July 1, 2014 118. purposeful hesitation - [The doctrine that charges every court, including ths Sup. Court,] with the duty of a purposeful hesitation before declaring a law unconstitutional, on the theory that the measure was first carefully studied by the executive and legislative departments and determined by them to be in accordance with the

fundamental law before it was finally approved. [Drilon v. Lim, 235 SCRA 135 (1994)]. 119. Qualified Political Agency - The doctrine which holds that, as the Pres. cannot be expected to exercise his control powers all at the same time and in person, he will have to delegate some of them to his Cabinet members, who in turn and by his authority, control the bureaus and other offices under their respective jurisdictions in the executive department. [Carpio v. Exec. Sec., GR 96409. Feb. 14, 1992]. 120. quo warranto – a writ or legal action requiring a person to show by what warrant an office or franchise is held, claimed, or exercised. (Casin vs Caluag G.R. No. L-1939 April 19, 1948 121. Ratification - is the official way to confirm something, usually by vote. It is the formal validation of a proposed law. (Ortega vs Tan G.R. No. L-44617 January 23, 1990

122. rebus sic stantibus - is the legal doctrine allowing for treaties to become inapplicable because of a fundamental change of circumstances. (Saguisag vs Ochoa G.R. No. 212426

123. Regalian Doctrine - private title to land must be traced to some grant, express or implied, from the Spanish Crown or its successors, the American Colonial Government, and thereafter, the Philippine Republic (DENR vs Yap G.R. No. 167707 October 8, 2008 124. Repatriation - is the process of returning a person - voluntarily to his or her place of origin or citizenship (Sameer vs Cabiles G.R. No. 170139 August 5, 2014 125. res judicata - The doctrine [that] has 2 aspects. The first is the effect of a judgment as a bar to the prosecution of a second action upon the same claim, demand or cause of action. The second aspect is that it precludes the relitigation of a particular fact or issues in another action between the same parties on a different claim or cause of action. [Lopez v. Reyes, GR L-29498, Mar. 31, 1977, 76 SCRA 179]. 126. ripeness for judicial review - This [doctrine] determines the point at which courts may review administrative action. The basic principle of ripeness is that the judicial machinery should be conserved for problems which are real and present or imminent and should not be squandered on problems which are future, imaginary or remote. [Mamba v. Lara, GR 165109, Dec. 14, 2009]. 127. separation of powers - A basic postulate that forbids one branch of government to exercise powers belonging to another co-equal branch; or for one branch to interfere with the other’s performance of its constitutionally-assigned functions. [Velasco, Jr., concurring op., Neri v. Senate Committee on Accountability of Public Officers and

Investigations, GR 180643, Mar. 25, 2007]. 128. severability - provides that if an enactment cannot be saved by construing it consistent with its constitutionality, it may be seen whether it can be partly saved (Gonzales vs Climax Mining G.R. No. 161957 January 22, 2007 129. SHIFTING MAJORITY - For each House of Congress to pass a bill, only the votes of the majority of those present in the session, there being a quorum, is required. (Vera vs Avelino G.R. No. L-543 August 31, 1946 130. stare decisis - the legal principle of determining points in litigation according to precedent. (Lazatin vs Desierto G.R. No. 147097 June 5, 2009 131. State Continuity - The state continues as a juristic being notwithstanding changes in its circumstances, provided only that such changes do not result in the loss of any of its essential elements. The Sapphire 78 U.S. 164 (1870)

132. State immunity - The doctrine of state immunity is sometimes derisively 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 (US vs Guinto G.R. No. 76607 February 26, 1990

133. state responsibility - is a rule of substantive law that establishes liability and, by this account, cannot be a proper legal basis to implead a party-respondent in an amparo petition. IN THE MATTER OF THE PETITION FOR THE WRIT OF AMPARO AND THE WRIT OF HABEAS DATA IN FAVOR OF MELISSA C. ROXAS, MELISSA C. ROXAS v. GLORIA MACAPAGAL-ARROYO, et al., G.R. No. 189155, September 07, 2010 134. statelessness - A stateless person is someone who is "not considered as a national by any state under the operation of its law" – Poe-Llamanzares vs Comelec G.R. No. 221697 135. statistical improbabilities – xpresses the totalprobability of an outcome which can be realized via several distinct events (Estaniel vs Comelec G.R. No. L-33453 November 29, 1971

136. Stimson Doctrine - No recognition of a government established through external aggression. (Bayan Muna vs Romulo G.R. No. 159618 February 1, 2011 137.

sub judice - rule restricts comments and disclosures pertaining

to judicial proceedings to avoid prejudging the issue, influencing the court, or obstructing the administration of justice, the CA reminded the parties. (Orellano vs Alvestir G.R. No. L-22412 April 29, 1977 138. supervening event - The accused may still be prosecuted for another offense if a subsequent development changes the character of the first indictment under which he may have already been charged or convicted. (Abrigo vs Flores G.R. No. 160786 June 17, 2013 139. Territoriality - is a principle of public international law under which a sovereign state can prosecute criminal offences that are committed within its borders (Isetan Co vs IAC G.R. No. L-75420 November 15, 1991 140. Thalweg - For boundary rivers, in the absence of an agreement between the riparian States, the boundary line is laid on the middle of the main navigable channel. Oregon, 211 U.S. 127 (1908), 141. Tobar doctrine - precludes recognition of any government established by revolutionary means until constitutional reorganization by free election of representatives. 142. Transcendental importance - is a matter of procedure, can be relaxed for nontraditional plaintiffs like ordinary citizens, taxpayers and legislators when the public interest so requires (Lozano vs Nograles G.R. No. 187883 June 16, 2009 143. Transformation - requires the enactment by the legislative body of such international law principles as are sought to be part of municipal law. See: Laguna Lake Development Authority vs. Court of Appeals, 231SCRA 292 144. ultimate consumption - Goods intended for civilian use which may ultimately find their way to and be consumed by belligerent forces may be seized on the way. (UNDERSTANDING ON THE INTERPRETATION OF ARTICLE XVII OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994) 145. Unequal Treaties - Treaties which have been imposed (through coercion or duress) by a State of unequal character (Province of North Cotabato vs Government G.R. No. 183591 October 14, 2008 146. Universality – is a theological and philosophical concept with universal application (La Insular vs Tauco G.R. No. L-13307 February 3, 1919 147. uti possidetis - is a principle in international law that territory and other property remains with its possessor at the end of a conflict, unless otherwise provided for by treaty ( Valencia vs.Mabilangan G.R. No. L-13059. January 31, 1959,

148. visible tendency – the government will have the capacity to restrict certain speech if it can prove that a speech will have a tendency to cause or incite illegal activities. (Zaldivar vs Sandiganbayan G.R. No. 79690-707 February 1, 1989

149. Willful blindness - “deliberate avoidance of knowledge of a crime, especially by failing to make a reasonable inquiry about suspected wrongdoing, despite being aware that it is highly probable.” People v. Gloria Kintanar 150. Wilson - recognition shall not be extended to any government established by revolution or internal violence until the freely elected representatives of the people have organized a constitutional government. (FDCM vs Wilson G.R. No. 2684 March 15, 1907