However principles in article ii are not intended to

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Unformatted text preview: vernment obligation, then the money can be garnished. Note: Funds belonging to government corporations which can sue and be sued that are deposited with a bank can be garnished. (PNB v. Pabalan, G.R. No. L‐33112, June 15, 1978) If the local legislative authority refuses to enact a law appropriating the money judgment rendered by the court, the winning party may file a petition for mandamus to compel the legislative authority to enact a law (Municipality of Makati v. CA, G.R. Nos. 89898‐99, Oct.1, 1990) Q: Can the Government be made to pay interest in money judgments against it? A: GR: No. XPNs: 1. Eminent domain 2. Erroneous collection of taxes 3. Where government agrees to pay interest pursuant to law. Q: A property owner filed an action directly in court against the Republic of the Philippines seeking payment for a parcel of land which the national government utilized for a road widening project. Can the government invoke the doctrine of non‐suitability of the state? A: No. When the government expropriates property for public use without paying just compensation, it cannot invoke its immunity from the suit. Otherwise, the right guaranteed in Section 9, Article III of the 1987 Constitution that private property shall not be taken for public use without just compensation will be rendered nugatory. (Ministerio vs. Court of First Instance, L‐ 31635, August 31, 1971) PRINCIPLES AND POLICIES Q: Are the provisions in Article II self‐executing? A: No. By its very title, Article II of the Constitution is a “declaration of principles and state policies.” However, principles in Article II are not intended to be self‐executing principles ready for enforcement through the courts. They are used by the judiciary as aids or as guides in the exercise of its power of judicial review, and by the legislature in its enactment of laws. (Tondo Medical v. CA, G.R. No. 167324, July 17, 2007) Note: As a general rule, these provisions are non‐ self‐executing. But a provision that is complete in itself, and provides sufficient rules for the exercise of rights, is self‐executing. Thus, certain provisions...
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This document was uploaded on 03/12/2014.

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