Doctrine of State Immunity from Suit – Article XVI, Sec.

3, CONSTITUTION

Section 3. The State may not be sued without its consent.

Gen. Rule : The State may not be sued without its consent.
Basis : Sec. 3, Art. XVI of the Constitution.

Reason : There can be no legal right against the authority which makes the law on which
the right depends.

When considered a suit against the State:

1. The Republic is sued by name;

2. Suits against an un – incorporated government agency;
3. Suits is against a government official, but is such that ultimate liability shall devolve on the
government:

a. When a public officer acts in bad faith, or beyond the scope of his authority, he can be held
personally liable for damages.
b. BUT: If he acted pursuant to his official duties, without malice, negligence, or bad faith, he is
not personally liable, and the suit is really one against the State.

Application / Prohibition of the rule:

1. This rule applies not only in favor of the Philippines but also in favor of the foreign states.
The rule likewise prohibits a person from filing for interpleader, with the State as one of the defendants
being compelled to interplead.

The rule in Section 3 which textually expresses established jurisprudence on the subject is that the State
may not be sued without its consent. Necessarily, therefore, cases on this subject must deal with the
dual question of whether the suit is one against the state and, if it is, whether the state has consented to
be sued. When the suit is one against the Republic of the Philippines eo nomine the suit is one clearly
against the state. When the suit is directed against an unincorporated government agency which,
because unincorporated, possesses no juridical personality, the suit of necessity is against the person of
the agency's principal, and consent or absence of consent of the principal must be determined. If,
however, the suit is against a government owned corporation, technically the suit is not one against the
state because private corporations are juridical persons distinct from the state. When the suit is against
an officer of the state, enquiry must be made whether in fact ultimate liability will fall on the officer or
on the government. If it is the latter, the suit must be considered as one against the state itself.

"Not all government entities, whether corporate or non-corporate, are immune from suits. Immunity
from suits is determined by the character of the objects for which the entity was organized."

When the state consents to be sued, it cannot be inferred from such consent that the state concedes its
liability. Consent simply means waiver of immunity from suit and it does not deprive the state of the
right to interpose any lawful defense.

Section 3. State Immunity

Suability of State
1) The State cannot be sued without its consent.
2) When considered a suit against the State
a). The Republic is sued by name;
b). Suits against an un-incorporated government agency;
c). Suit is against a government official, but is such that ultimate liability shall devolve on the
government
i. When a public officer acts in bad faith, or beyond the scope of his authority, he can be
held personally liable for damages.
ii. BUT: If he acted pursuant to his official duties, without malice, negligence, or bad
faith, they are not personally liable, and the suit is really one against the State.
3) This rule applies not only in favor of the Philippines but also in favor of foreign states.
4) The rule likewise prohibits a person from filing for interpleader, with the State as one of the
defendants being compelled to interplead.

Consent to be sued
A. Express consent:
1). The law expressly grants the authority to sue the State or any of its agencies.
2). Examples:
a). A law creating a government body expressly providing that such body “may sue or be sued.”
b). Art. 2180 of the Civil Code, which creates liability against the State when it acts through a
special agent.
B. Implied consent:
1). The State enters into a private contract.
a). The contract must be entered into by the proper officer and within the scope of his
authority.
b). UNLESS: The contract is merely incidental to the performance of a governmental function.
2). The State enters into an operation that is essentially a business operation.
a). UNLESS: The operation is incidental to the performance of a governmental function (e.g.
arrastre services)
b). Thus, when the State conducts business operations through a GOCC, the latter can generally
be sued, even if its charter contains no express “sue or be sued” clause.
3). Suit against an incorporated government agency.
a) This is because they generally conduct propriety business operations and have charters which
grant them a separate juridical personality.
4). The State files suit against a private party. UNLESS: The suit is entered into only to resist a claim.

Garnishment of government funds:

1) GENERAL RULE: NO. Whether the money is deposited by way of general or special deposit, they
remain government funds and are not subject to garnishment.
2) EXCEPTION: A law or ordinance has been enacted appropriating a specific amount to pay a valid
government obligation, then the money can be garnished.

Consent to be sued is not equivalent to consent to liability:

1) The Fact that the State consented to being sued does not mean that the State will ultimately be held
liable.
2) Even if the case is decided against the State, an award cannot be satisfied by writs of execution or
garnishment against public funds. Reason: No money shall be paid out of the public treasury unless
pursuant to an appropriation made by law.

THE NATIONAL TERRITORY

SECTION 1
The national territory comprises the Philippine archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of
its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. 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.

The national territory of the Philippines comprises:

1. The Philippine archipelago
2. With all the islands and waters embraced therein
3. And all other territories over which the Philippines has sovereignty or jurisdiction
4. Consisting of its
a. Terrestrial
b. Fluvial; and CODE: TFA
c. Aerial domains
5. Including its
a. Territorial sea
b. The seabed
c. The subsoil CODE: TSSIO
d. The insular shelves; and
e. The other submarine areas
6. The waters
a. Around
b. Between and
c. Connecting
d. The islands of the archipelago CODE: ABCI
Regardless of their breadth and dimensions
Form part of the INTERNAL WATERS of the Philippines

Definition of Archipelago
An archipelago is a body of water studded with islands. The Philippine archipelago is that body of water
studded with islands which is delineated in the Treaty of Paris (1898), as amended by the Treaty of
Washington (1900) and the Treaty of Great Britain (1930).
Archipelagic principle

Two elements:
1. The definition of internal waters (as provided above);
2. The straight baseline method of delineating the territorial sea – consists of drawing straight lines
connecting appropriate points on the coast without departing to any appreciable extent from the
general direction of the coast.

Important distances with respect to the waters around the Philippines

1. Territorial sea - 12 nautical miles (n.m.)
2. Contiguous zone - 12 n.m. from the edge of the territorial sea
3. Exclusive economic zone - 200 n.m. from the baseline [includes (1) and (2)]

State is a community of persons more or less numerous, permanently occupying a definite portion of
territory, independent of external control, and possessing an organized government to which the great
body of inhabitants render habitual obedience
Elements of State
1. People - means a community of persons sufficient in number and capable of maintaining the
continued existence of the community and held together by a common bond of law. It is of no legal
consequence if they possess diverse racial, cultural, or economic interests.
2. Territory - A definite territory, consisting of land and waters and the air space above them and the
submarine areas below them, is another essential element of the modem state.
3. Government - that institution or aggregate of institutions by which an independent society makes and
carries out those rules of action which are necessary 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
prescribingthem.
4. Sovereignty or independence - the power to command and enforce obedience free from foreign
control. The source of ultimate legal authority.

Classification of governments
1. De jure - one established by the authority of the legitimate sovereign
2. De facto - one established in defiance of the legitimate sovereign

"It is a legal truism in political and international law that all acts and proceedings of the legislative,
executive, and judicial departments of a de facto government are good and valid."26 This principle
coupled with the fact that the Philippines had just emerged from military occupation by the Imperial
Forces of Japan made the concept of a government merely de facto of great importance in Philippine
Law of the late forties. Since then, however, the concept has merely been of academic importance. But
the concept and some of its various ramifications have been thoroughly discussed in Philippine
jurisprudence and they are there ready for exhumation should it become necessary once more to use
them.

ARTICLE IV – CITIZENSHIP

Who are citizens of the Philippines?

1) Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution
2) Those whose fathers or mothers are citizens of the Philippines.
3) Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon
reaching the age of majority.
4) Those who are naturalized in accordance with law.

Modes of acquiring citizenship:

1) Jus Soli – acquisition of citizenship on the basis of place of birth
2) Jus Sanguinis – acquisition of citizenship on the basis of blood relationship
3) Naturalization – the legal act of adopting an alien and clothing him with the privilege of a native-born
citizen. Note: The Philippines follows (2) and (3)

Election of citizenship under the 1987 Constitution:

Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipino citizenship. Hence, her
child would have to elect Filipino citizenship upon reaching the age of majority. Under the 1973
Constitution, however, children born of Filipino mothers were already considered Filipinos. Therefore,
the provision on election of citizenship under the 1987 Constitution only applies to those persons who
were born under the 1935 Constitution. In order for the children to elect Filipino citizenship, the
mothers must have been Filipinos at the time of their marriage. So, if your mother was a Filipina who
married an alien under the 1935 constitution and you were born before January 17, 1973, you can elect
Filipino citizenship upon reaching the age of majority.

When must the election be made:

The election must be made within a reasonable period after reaching the age of majority.

Effects of naturalization:
1) The legitimate minor children of the naturalized father become Filipinos as well.
2) The wife also becomes a Filipino citizen, provided that she does not have any disqualification which
would bar her from being naturalized.

Natural-born citizens:

1) Citizens of the Philippines from birth who do not need to perform any act to acquire or perfect their
Philippine citizenship.
2) Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987 Constitution.
Marriage of Filipino with an alien:
1) General Rule: The Filipino RETAINS Philippine citizenship
2) Exception: If, by their act or omission they are deemed, under the law, to have renounced it.

Examples of renunciation of Philippine citizenship:

1) Voluntarily obtaining foreign passport
2) Pledging allegiance to another country (ex. by becoming a naturalized citizen of another country)

Re-acquisition of citizenship
Natural-born Filipinos who are deemed to have lost their citizenship may re-acquire the same via
repatriation proceedings. This involves taking an oath of allegiance and filing the same with the civil
registry.

How may one lose citizenship:

1. By naturalization in a foreign country
2. By express renunciation of citizenship
3. By subscribing oath or allegiance to a foreign Constitution
4. By serving in the armed forces of an enemy country
5. By being a deserter of the armed forces of one‟s country

How may one reacquire citizenship:

1. By direct act of Congress
2. By naturalization
3. By repatriation

The United Nations Convention on the Law of the Sea (UNCLOS)

Article2
Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil
1. The sovereignty of a coastal State extends, beyond its land territory and internal waters and, in the
case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the
territorial sea.
2. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil.
3. The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of
international law.

Literally, parens patriae means father of the country. This doctrine has been defined as the inherent
power and authority of the state to provide protection to the persons and property of the persons  non-
sui juris. Non-sui juris persons are those who lack the legal capacity to act on his own behalf like the
child or the insane persons.