State

D. SOVEREIGNTY
James Garner Supreme and Uncontrollable power
1.) Community of persons Inherent in the state which that the state is governed
2.) Permanently Occupying a fixed territory Req:
3.) Possessed of an independent government a.) PERMANENT
4.) Which a great body of inhabitants render habitual obedience The state last, Sov lasts
Change in government does not affect its continuity
A. PEOPLE b.) EXCLUSIVE
Refers to the inhabitants of the state One Sovereign
Req: c.) COMPREHENSIVE
a.) Self Sufficiency and Self Defense Jurisdiction over everyone
b.) Easily Administered and Sustenance d.) ABSOLUTE
c.) Both Sexes for Perpetuation No other power higher than the state
e.) INDIVISIBLE
Refer to the Cannot be divided into parts
o Sovereign Filipino People f.) INALIENABLE
o Citizens of the Country Cannot be transferred
o Inhabitants g.) IMPRESCRIPTABLE
o The Electors Unable to be taken away by the prescription of time.
Archipelagic Doctrine
B. TERRITORY 1.) Connect the outermost points
1.) Fixed portion of the surface of the earth 2.) Entire archipelago as integral unit
2.) Inhabited by the people for the state
Req: UNCLOS
a.) Nor too big or too small Functions
b.) For Defense and Protection 1.) Defines the rights and Responsibility of the Nation
2.) Of the use of the Worlds Ocean
C. GOVERNMENT 3.) Establishing Guidelines
1.) Agency through the will of the state is 4.) For businesses, the Environment and the management of marine natural
2.) Formulates, expressed and realized resources
Req:
a.) Able to represent state Settlement Disputes
b.) To deal with other states 1.) International tribunal for the law of sea
2.) International court of justice
3.) Arbitral tribunal
4.) Special arbitral tribunal

A. Internal Waters
Water landwards side of baseline
Phil- Full Sov
For- No right to innocent passage

 B. Territorial Sea Legal Authority which has Legislative Body
12 mi (22km) from Baseline For- Right to Innocent Passage power to issue FINAL
COMMANDS
C. Contiguous Zone Political -POWER BEHIND the Media, Electorate,
12 mi (22km) from Territorial Sea legal sovereignty Religion, Youth
Phil- Limited Jurisdiction -People
Enforce customs, taxation, pollution laws Internal Power of the state to
For- control its DOMESTIC
AFFAIRS
D. Exclusive Economic Zone External INTERNATIONAL LAW
200 mi (370kms) from baseline
Phil- Sole exploitation, right over all natural resources Doctrine of State Immunity
For- Navigation over flight, submarine pipes and cables Article 16 sec 3 The state may not be sued without its consent
E. Continental Shelf Basis impairment of dignity of state
Not exceed 350 miles from baseline (650 kilometers) - Challenge to its support infallibity
PHIL- exclusive right to harvest mineral and non living materials in subsoil
Justification 1.) Infringement of state sovereignty
Parens Patrie - There can be no legal right against the authority which
Guardians of the right of the people. makes the law which right depends
2.) Impracticability of Suits
De Jure De Facto - Demand and inconvenient, Litigation will divert time and
Title Rightful No resources , to the prejudice of public welfare.
Power No Has
Constitutional Basis Yes No Exception Article 16, Sec 3 When state gives its consent
Support of People Yes Simply Abiding
WHO CAN AVAIL OF STATE IMMUNITY
Types of De Facto Govt 1.) STATE State is insulated from jurisdiction of courts
1.) USURPATION - Government gets possession and control of or USURPS, by 2.) PUBLIC OFFICER Discharge of their official duties within the scope of
force or by the voice of the majority. The rightful and legal government their authority
and remain itself against the will of the latter. 3.) GOVERNMENT AGENCIES -
4.) FOREIGN STATE
2.) INSURRECTION - Established as an Independent Government by the 5.) DIPLOMATIC AGENTS
inhabitants of the country who rise In INSURRECTION against the parent 6.) INTERNATIONAL ORGANIZATIONS
state.
3.) INVASION - Establoshed and Maintain by the MILITARY FORCES who Waiver of Immunity
invade and occupy a territory of the enemy in the course of war. 1. EXPRESS CONSENT
a.) General Law ACT 3083- Sued on moneyed claim arising from
Sovereignty contract, expressed or implied
Supreme and Uncontrollable power inherent in a state by which the state is b.) Special Law ACT 2457- Authorizing E. Merritt
governed

Kinds
 2. IMPLIED CONSENT 1.) Torio v Fontanilla municipality is liable for a tort committees in
a.) State Commences Litigation It becomes vulnerable to connection with the celebration of town fiesta, which was considered as
COUNTERCLAIM proprietary function
b.) State enters contract Suable if Proprietary, Non-suable if in Non- 2.) Merrit v Govt Merrit albeit allowed to sue by virtue of special law, does
Governmental not thereby concede its liability
3.) Palafox v Province of Ilocos Norte- Claim for damages the province failed
SCOPE OF CONSENT when it was shown that the injury suffered occurred in connection with
Consent to be sued does not include consent to the execution of judgment against the repair of streets being under taken by the province through its
it regular agents

Cases: PREAMBLE
Rep v Villasor public funds cannot be object of garnishment proceeding if the We the sovereign Filipino people
consent to be sued had been previously granted - Imploring the aid of the Almighty God
PNB v Pabalan Pabalan issued notice of public garnishment, funds belonging to - In order to build a JUST and HUMANE society
govt corporation that are deposited w a bank are not exempt from garnishment - And ESTABLISH a government that shall embody our
IDEALS and ASPIRATIONS,
TWO CONCEPT FOR SOVEREIGN IMMUNITY - PROMOTE the COMMON GOOD,
Classical - CONSERVE AND DEVELOP our PATRIMONY,
Sov cannot be sued w/o its consent - and to SECURE to ourselves the blessings of independence
Be sued in the courts of another sovereign and democracy UNDER THE RULE OF LAW and REGIME of
Newer truth, justice, freedom, love, equality and Peace
-Immunity of sov is recognized only w regard to public acts or acts jure imperii - Do ordain and promulgate this constitution
- But not with regard to privare acts or jure gestionis
PRINCIPLES AND STATE POLICIES
Acts Jure Imperii Purpose
1.) Syquia v Almeda- Lease of foreign govt of apartment building for use of Enunciate political creed of the nation
its military officers Guides legislature in enacting laws
2.) USA v Ruiz Conduct of public building for the repair of wharf at US Naval Aids the court in its exercise of judicial review
Station
3.) Sanders - Change of employment status base employees full time to FUNDAMENTAL PRINCIPLES
part time 1.) Republicanism
2.) Incorporation Clause
Acts Jure Gestionis 3.) Civilian Supremacy
1.) USA v Rodriguez- Hiring cook in recreation at camp john hay 4.) Defense of State
5.) General Welfare
SUABILITY V LIABILITY 6.) Wall of Separation
SUABILITY- Result of express consent, of the state to be sued 7.) Foreign Policy
LIABLITY- Determined after 8.) Nuclear Free
9.) Social Services
Cases: 10.) Social Justice
11.) Human Rights
12.) Family
 13.) Role of Youth
14.) Role of Women c.) Amity with Nations
15.) Health
16.) Healthful Ecology Exception- if it violates
17.) Education, Science, Culture Police power - Ichong v Hernandez
18.) Labor Conflicts with the constitution Sec of Justice v. Lanton
19.) Self Reliance Separation of Power Inre Garcia ( spain treaties
20.) Protection to Labor
21.) Agrarian Reform Cases:
22.) Indigenous people Kuroda v Jalandoni Hauge Convention embodied generally accepted principles of
23.) NGO internation law binding upon all states, therefore part of the law
24.) Role of
25.) Local Autonomy
26.) Equal Access Other principles of international law
27.) Honesty and Integirty 1.) Right to bail of aliens- Mejoff v Direc of Prisons
28.) Full Disclosure 2.) Installations of road signs and signals Agustin v edu
3.) Protection of Embassies and Legation JBL Reyes v Bagatsing


Section 1- REPUBLICANISM Section 3- CIVILLIAN SUPREMACY
Establish republican form of government Feature: - Feature of republican system
Manifest aversion to autocratic -Emasculate and put a leash on the military
Republicanism Run by the people through their chosen representatives
- Who in turn are accountable to the will of the people Case:
Manifestation of the Republic Alih v Castro the military defied the precept that civilian authorit is at all times
- Govt of law and not men sup
- Rule of Majority IBP v Zamora- IBP argues that calling AFP to assist the PNP in join visibility partner
- Accountability of public officials violates the constitutional provision on civilian supremacy over the military and the
- Bill of Rights civilian character of PNP
- Prescription against passage of irreparable laws
- Separation of powers Section 4- DEFENSE OF STATE
Cases: Inherent right of every state to existence and self preservation
Villavicencio v Lukban- 171 govt of laws and not men Case:
People v Lagman and Zosa- national defense law in
Section 2- INCORPORATION CLAUSE
a.) Renunciation of Law Section 5 GENERAL WELFARE
War of aggression
b.) Incorporation Clause Section 6- WALL OF SEPARATION
Membership in family of nations Forestall union between the state and the church
Generally accepted principles law automaticallt part
of the laws of member of state
PACTA SUNT SERVANDA