Philippine National Railways and State Immunity Quiz

Philippine National Railways (PNR) and Immunity from Suit

• PNR, operating as a business, cannot claim immunity from suit.

Act Jure Imperii

• Leasing condominium units to foreign military officers is not considered an Act Jure Imperii.
• Contracts for navigational equipment installation and wharf repair at a naval station are not considered an Act Jure Imperii.
• Concession for a health spa operation on a military base might be considered an Act Jure Imperii depending on the specifics. This needs further clarification.

State Immunity and Contracts

• When the State enters a contract for a sovereign activity, there's no waiver of immunity.
• Implied consent to be sued arises from contracts in the State's proprietary capacity, not its sovereign capacity.
• Commencing a suit doesn't imply a waiver of immunity if the State acts in its governmental capacity.
• Filing a suit doesn't automatically remove State immunity, regardless of capacity (proprietary or governmental).

Satisfying a Judgment Against the Government

• To satisfy a P50 million judgment, Mr. Sinco cannot simply execute the judgment via the Rules of Court.
• Garnishing government funds or a petition for mandamus to compel Congressional appropriation are both not direct methods to satisfy the judgment.
• Filing a claim with the Commission on Audit (COA) under Commonwealth Act 327 (as amended by Presidential Decree 1445) is a valid option.
• Making representations to Congress for appropriation is an alternative.

Separation of Church and State

• The separation of Church and State is violated when the government excessively favors or interferes with religious affairs. The provided text lacks a specific example of a violation.

Delegation of Powers

• The legislature can delegate law execution to improve efficiency. This delegation must meet the completeness test (no further legislative act needed) and the standard sufficiency test (clear parameters are set).

President Dutrenta's Emergency Powers

• Declaring a state of national emergency is within presidential power.
• Exercising emergency powers requires Congressional resolution to be constitutional. Without it, actions are partly unconstitutional.
• Emergency powers granted for a set period lapse at the end of that period unless Congress explicitly extends or withdraws them.
• After the initial period or if Congress withdraws the authority, even if the emergency continues, the President cannot exercise those powers.

Public Information and Costs

• The right to public information is a fundamental right.
• Charging for the cost of copying documents in response to a public information request is permissible, as long as it is not prohibitive or designed to impede access.

Collision Involving Government Vehicle

• The text provided does not include enough information to determine liability in the collision.

Military Duty and Religious Freedom

• Miss Bancud's claim is not tenable because the military duty requirement is personal and non-discriminatory based on sex.
• While freedom of religion is guaranteed, this does not exempt one from performing the prescribed obligations. Even though she cited Jacobson vs. Massachusetts, the text gives no more details. She could have requested non-combatant duty. Substituting a member of her gender is insufficient.

Modified True or False Statements

• Judicial Supremacy: FALSE. Judicial review upholds constitutional supremacy, not judicial power over other branches.
• Social Justice and Public Rights: FALSE. Resolving conflicts in favor of underprivileged must respect due process and equal protection.
• Church-State Separation: FALSE. Limited exceptions exist where the State provides benefits to the Church (e.g., tax exemptions for religious activities).
• Baseline Limits (RA 9522 and UNCLOS III): TRUE. Baselines generally cannot exceed 100 nautical miles, with exceptions for archipelagic baselines (up to 125 nautical miles).