Parens Patriae, The State Has The Inherent Right and Duty To Aid Parents in The Moral Development of Their Children

Concept of a state
State – community of persons, more or less numerous, permanently occupying a fixed

territoryand possessed of an independent government organized for political ends to which the
great body of inhabitants render habitual obedience.
The Province of North Cotabato v. The Government of the RP
US v. Dorr
Government – institution or aggregate of institutions by which an indipendent society makes and
carries out those rules of action which are unnecessary to enable men to live in a social state, or
which are imposed upon the people forming that society by those who possess the power or
authority of prescribing them.
Admministration - the aggregate of those persons in whose hands the reins of government are for
the time being
Phil Tobacco vs CIR
Constituent function - relating to the maintenance of peace and the prevention of crime, those
regulating property and property rights, those relating to the administration of justice and the
determination of political duties of citizens, and those relating to national defense and foreign
relations.
Ministrant - the exercise of which is optional on the part of the government."
DepEd v. Rizal Teachers
A purely ministerial act is one which an officer or tribunal performs in a given state of facts, in a
prescribed manner, in obedience to the mandate of legal authority, without regard to or the
exercise of his own judgment upon the propriety or impropriety of the act done. On the other
hand, if the law imposes a duty upon a public officer and gives him the right to decide how or
when the duty shall be performed, such duty is discretionary and not ministerial. The duty is
ministerial only when the discharge of the same requires neither the exercise of official
discretion or judgment. Clearly, the use of discretion and the performance of a ministerial act are
mutually exclusive.
Parens Patriae
SPARK v. Quezon City
Where minors are involved, the State acts as parens patriae. As parens patriae, the State has the
inherent right and duty to aid parents in the moral development of their children, 70 and,
thus, assumes a supporting role for parents to fulfill their parental obligations. The Curfew
Ordinances are but examples of legal restrictions designed to aid parents in their role of
promoting their children's well-being.
Rule on Presentment – every bill passed by Congress must be presented to the President for
approval or veto. In the absence of presentment to the president, no bill passed by Congress can
become a law.
The term of an office must be distinguished from the tenure of the incumbent. The term means
the time during which the officer may claim to hold the office as of right, and fixes the interval
after which the several incumbents shall succeed one another. The tenure represents the term
during which the incumbent actually holds the office. The tenure may be shorter than the term
for reasons within or beyond the power of the incumbent. There is no principle, law or doctrine
by which the term of an office may be extended by reason. (Topacio Nueno v. Angeles)
Doctrine of Separation of powers
Belgica v Executive Secretary
Post enactment authorization
Individual allocation – identify projects
- Provide for the release of funds
- Realignment of funds
Ruling:
1. After a law has been promulgated, Congress should have nothing to do with respect to its
execution
2. It constituted invalid delegation of legislative power. To amend the law is an exclusive
power of the legislative.
3. Identifying projects is in a way, amending the law. Therefore, the identification of
projects are without amending the law is unconstitutional. Rule on presentment is
violated.
4. President’s power to veto, projects, partial veto cannot be done because there was a lump
sum appropriation. President cannot execise his partial veto power.
5. Local autonomy (Art 2 sec 25) is affected. Legislators projects as to the local
government. To allow the lump sum allocations to serve as basis for the post enactment
authorizations would be to seriously undermine the autonomy of the local governments as
designed and guaranteed by the constitution.
6. He shall not intervene in any matter before any office of the Government for his
pecuniary benefit or where he may be called upon to act on account of his office. (Art VI,
Sec 14)
Legislative encroachment into judicial prerogative
Oct 2019, Pimentel v. LEB
Constitutionality of certain authorizations to the LEB, curriculum of law schools, admission test,
continuing legal education programs, legal clinics, require minimum academic requirement for
teachers. – practice of law should be unconstitutional.
Generally, the LEB can require the taking of PhiLSAT – ultravires because it will encroach upon
the academic freedom of schools.
Master’s degree – academic freedom
Legal clinics- practice of law- falls upon the court’s exclusive determination.
Carpio morales v CA
Sec 14 of ra 6770
Binay jun jun was subjected to disciplinary proceeding. Binay invoked Condonation doctrine to
stop justice carpio morales to stop from investigation.
Condonation doctrine – re election of an officer facing administrative offenses committed during
his first term, should be considered forgiven or condoned.
punzalan v. provincial board of nueva ecija
During first term there was an administrative proceeding. He ran for re election – re elected.
Moved for the dismissal of the case invoked the condonation doctrine. The fact of reelection
should serve as a condonation for whatever administrative offenses during the first term.
UPHELD. By reason of re election, the electorate should be considered to have pardoned him
because the electorate knew the administrative charges against him.
Licaros vs echenova
Condonation doctrine does not apply to criminal charges.
Aguinaldo v santos
Administrative offense committed during first term, filed during second term. Condonation
doctrine still applies.
Jun jun binay was charged with administrative charges for offenses committed during his first
term. Condonation doctrine was abandoned.
ADMINISTRATIVE OFFENSES DO NOT PRESCRIBE.
Crebello v. ombudsman
Reckoning point of prospective application of the abandonment of condonation doctrine is
APRIL 12, 2016 – when the denial for motion of reconsideration became final.
The provision authorizing only the SC to issue writ of injuction aginst the ombudsman is
unenforceable. It is not a jurisdiction conferring statute. CA has the jurisdiction to issue ancillary
writs.
Condonation doctrine does not apply to appointive officials, only to elective officials. POWER
OF CONTROL. Executive clemency. Pardoning power involves only criminal cases with
conviction. When the executive sec directed the reinstatement of the employee, he exercises
power of control. GARCIA V. COMMISSION ON AUDIT.
Estipona v. judge Labriga
Rule on plea bargaining – rule making, not substantive law.
TING MONER V. People
Prescription on quantum of evidence – substantive law. Matter of appreciation of evidence –
power of the judiciary
EXECUTIVE ENCROACHMENT TO THE LEGISLATIVE POWER
Savings concept
Araullo v. Aquino Art 6, sec 25 – 5

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Concept of a state

State – community of persons, more or less numerous, permanently occupying a fixed

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