PHILIPPINES AS A

STATE

Archipelago doctrine: The waters around,

between, and connecting islands of the
archipelago, regardless of their breadth and
dimensions form part of the internal waters of
the Phils, Art. 1(1) An archipelago is treated as
one integral unit

A. DEFINITION OF A STATE: community of

persons, more or less numerous, occupying a
definite portion of territory, independent of
external control & possessing a government
to which a great body of inhabitants render
habitual obedience
1. nation: ethnic or racial concept vs. state
is a legal or juristic concept
2. government: an instrumentality through
which the will of the State is implemented
and realized
B. ELEMENTS OF A STATE
1. People
2. Territory
3. Government
4. Sovereignty

Straight baseline method: Imaginary lines are

drawn joining the outermost points of the islands
of the archipelago, waters within line are
internal waters, and breadth of the territorial sea
measured from the baselines

ELEMENT 1: PEOPLE: inhabitants, citizens,

electors
As a requisite for statehood:
1. adequate number for self sufficiency
2. defense
3. both sexes for perpetuity
ELEMENT 2: Territory
1. national territory: The national territory
comprises the Phil. 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,
subsoil, the insular shelves and other
submarine areas
2. components
of
national
territory:
Terrestrial, fluvial & aerial domains
3. Philippine archipelago
a. Treaty of Paris, Dec. 10, 1898(cession of
the Philippine Islands by Spain to the US)
b. Treaty between Spain & US, Nov. 7, 1900
(Cagayan, Sulo and Sibulo)
c. Treaty between US & Great Britain, Jan.
2, 1930 (Turtle & Mangsee Islands)
d. Other
territories
over
which
the
Philippines exercises jurisdiction
i.
Batanes (1935 C.)
ii.
Art. 1, 1973 C. belonging to the Phils
by historic or legal title
iii.
PD 1596, June 11, 1978
4. Other territories over which the Phils
exercises jurisdiction
5. Archipelago Doctrine

UNCLOS (1982)
Continguous zone of 12 nm
EEZ 200nm state enjoys preferential rights
over the marine resources within this area
ELEMENT 3: Government: the agency or
instrumentality through which the will of the
State is formulated, expressed and realized
Government of the Philippines: the corporate
governmental entity
Through which the functions of government are
exercised throughout the Philippines (including
the various arms through which political
authority is made effective in the Phils, whether
pertaining to the autonomous region the
provincial, city, municipal, or Bgy. subdivisions or
other forms of local govt.
Functions
a. Constituent/governmental: mandatory for
the government to perform, constitute the
bonds of society, ex: maintenance of peace &
order, regulation of property & property
rights, admin of order, justice and peace
ex: Bureau of Customs
b. Ministrant/properietary: optional for the
govt, intended to promote the welfare,
progress & prosperity of the people
Ex: PNB, SSS, GSIS
Ex: Shipside v CA: BCDA functions are
proprietary in character- the promotion of
economic and social development of
Central Luzon for the countrys goal for
enhance . When Camp Wallace was
transferred to BCDA, the govt no longer
had a right or interest to protect, it. The
real party in interest was BCDAA
The Philippines has already repudiated the
laissez faire doctrine (since 1935 C.!)The govt
reserves the right to intervene whenever
necessary to promote the general welfare; Art.
12(6,19)

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Doctrine of parens patriae: Parent of the

People
The govt. may act as guardian of the rights of
people who may be disadvantaged or suffering
from some disability or misfortune.
Cabanas v Pilapil (1971) The judiciary
pursuant to its role as an agency of the State
as parens patriae, with an even greater stress
on
family
unity
under
the
present
Constitution, weighed in and balanced the
opposing claims of the mother and the uncle
(trustee), Court came to the conclusion that
the welfare of the child called for the mother
to be entrusted with such responsibility.
Classification of governments
1. de jure v. de facto
kinds of de facto government
a. takes possession or control of, usurps by
force or by the voice of the majority the
rightful legal government and maintains
itself against the will of the latter
b. inhabitants of a territory who rise in
insurrection against the parent state
c. de facto govt of paramount force: that
established by invading forces of an
enemy who occupy a territory in the
course of war
2. presidential v parliamentary
a. presidential: separation of legislative
and executive powers
b. parliamentary: fusion of both exec and
leg powers in parliament, but actual
exercise of executive powers if vested in a
PM who is accountable to parliament
3. unitary v federal
a. unitary:
single,
centralized
govt,
exercising powers over both the internal
and external affairs of the state
b. federal: consists of autonomous state
(local) govt units merged into a single
state, with the national govt exercising a
limited degree of power over the domestic
affairs, but full direction of the external
affairs of the state
ELEMENT 4: Sovereignty: the supreme and
uncontrollable power inherent in a state by
which that state is governed
Kinds
a. legal: power to issue final commands
b. political : sum total of all influences
behind the law
c. internal: supreme power over everything
within its territory
d. external: freedom from external control
Characteristics: permanence, exclusiveness,
comprehensiveness, absoluteness, indivisibility,
inalienability
Effects of change in sovereignty

a. political laws are abrogated/suspended

b. municipal laws remain in force
effects of belligerent occupation: no change
in sovereignty
Peralta vs. Director of Prisons (1945)
DOCTRINE OF POSTLIMINIUM: The
principle of postliminium, as a part of
public international law, is a specific version
of the maxim ex injuria jus non oritur ,
providing for the invalidity of all illegitimate
acts that an occupant may have performed on
a given territory after its recapture by the
legitimate sovereign.
Peralta convincted for robbery and filed the
petition for HC, granted. All judgments of
political complexion of the courts during the
Japanese regime ceased to be valid IPSO
FACTO upon the reoccupation of the islands
by virtue of the principle or right of
postliminium.
G: political laws are suspended, at the end
of the belligerent occupation the suspended
poli laws shall automatically be effective
under
the
doctrine
of
postliminium;
municipal laws remain in force unless
repealed by the belligerent occupant; note!
Even in IHL, Common Art. 3 of the GCs
(minium protection to persons taking no
active part in hostilities) and the HR law still
apply, in IL, Hague Regulations
E: law on treason still in effect
Laurel v Misa (1947): Laurel filed pet.
For HC: argued that a Filipino who adhered
to Japanese soldiers, giving them aid and
comfort during the Japanese occupation
cannot be prosecuted for treason because the
sovereignty
of
the
Philippines
was
suspended. Held: Denied. Sovereignty is
not suspended during enemy occupation;
what is suspended is the exercise of the
rights of sovereignty. Treason is not one of
those rights that are suspended because
during war, it is possible for a citizen to break
allegiance to his legitimate government even
under the government of the enemy.
Dominium v imperium
a. Dominium: capacity or own or acquire
lands held by the State in is proprietay
capacity
b. Imperium: authority possessed by the
state in the concept of soverignty
Jurisdiction
a. Territorial: Power of a state over persons
and things within its territory
G: State has jurisdiction
E:

PAGE 2 OF 5

b.

c.
1.
2.

3.
4.
5.
6.
7.

1. foreign
states,
heads
of
state,
diplomatic reps & consuls to a certain
degree
2. foreign state property (embassies,
consulates, public vessels engaged in
non commercial activities
3. acts of state
4. foreign merchants vessels (right of
innocent passage) or involuntary entry
5. foreign armies passing through or
stationed in its territory with its
permission
6. such other persons & property
including organizations like the UN
over which it may by agreement waive
jurisdiction
ex:
Southeast
Asian
Fisheries
Development Center v. NLRC (1992)
enjoys functional independence and
freedom from control of the state in
whose territory its office is located,
hence it is beyond the jurisdiction of the
courts or local agency of the Philippine
government/NLRC. Immune from suits for
unpaid wages. Necessary to insure that it
can exercise its functions impartialy
Personal: Power of a state over its
nationals which ma be exercised by the
state even if the individual is outside the
territory of the state
Extraterritorial: power of a state
exercised beyond its territory
assertion of its personal jurisdiction over
its nationals abroad; right to punish
offenses against its national interests
establishes
a
colonial
protectorate,
condominium or administers a trust
territory, or occupies enemy territory
during war
local state waives jurisdiction, ex: foreign
army stationed under jurisdiction over
sending state
immunities of head of states in a foreign
country
enjoyment of easements or servitudes
(right of innocent passage, arrival under
stress)
jurisdiction in the high seas over vessels,
pirates
limited jurisdiction over contiguous zone,
patrimonial
sea,
(customs,
fiscal,
immigration or sanitary regulations)

G: Royal Prerogative of Dishonesty There

can be no legal right against the authority which
makes the law on which the right depends
E: State may be sued if its gives its consent

C. STATE IMMUNITY FROM SUIT (Art.

16(3)) The state cannot be sued w/o its
consent
1. Basis:

PAGE 3 OF 5

2. Principle of par in parem non habet

imperium: Equals do not have authority
over one another, PIL principle of
sovereign equality of States
KHOSROW MINUCHER v. CA and
ARTHUR SCALZO: A Foreign agent
operating within a territory can be
cloaked with immunity from suit but only
as long as it can be established that he is
acting within the directives of the sending
state; Scalzo was an assistant attach,
conducted surveillance, informant, acted
as poseur-buyer in buy-bust operation and
acted as a witness.
SEAFDEC V NLRC: international agency
enjoys diplomatic immunity
3. Test to determine if the suit is against
the state: If the decision is rendered
against the public officer or agency
impleaded, will the enforcement of the
decision require an affirmative act of the
state (an appropriation of the amt to
satisfy the judgment?) = v. state
Immunity from suit only applies if it is
really the governments property, rights
or interests that are affected; not of it is
made a nominal party
4. Suits against government agencies
a. Incorporated: if the charter provides
the agency can sue and be sued, then
the provisions acts as express consent
on part of the state
i. municipal corporations: agencies
of the state when they are engaged
in
governmental
functions,
however Sec. 22 of the LGC states
that LGUs can sue and be sued
ii. NIA can sue and be sued
iii. PNR can be sued
b. Unincorporated: inquire into the
principal functions of the agency
i.
Governmental: NO suit, without
consent
o Bureau of Printing v. The
Bureau of Printing Employees
Association:
Complaint
filed
against it for ULP. The Bureau of
Printing is an office of the
Government
created
by
the
Administrative Code of 1916 and
operates
under
the
direct
supervision of the Office of the
President. It has no corporate

existence, and its appropriations

are provided for in the General
Appropriations Act. Designed to
meet the printing needs of the
Government, it is primarily a
service bureau and obviously, not
engaged in business or occupation
for pecuniary profit
o Department of Agriculture v
NLRC (1993): Entered into a
contract
with
the
security
agency and Pursuant to C.A. No.
327, as amended by P.D. No. 1145
(consents to be sued upon any
money claim involving a liability
arising from K express or implied),
the money claim first be brought to
the COA
ii.
Proprietary:
Suit
OK,
even
without consent because state
descends to the level of a private
individual.
5. Suits against public officers: doctrine
on state immunity from suit also applies
in complaints filed against officials of the
state for acts performed by them in the
discharge of their official functions
Larkins v NLRC: The acts Sanders and
Moreau did were performed in the discharge
of their official duties. Given the official
character of the letters, the petitioners were
being sued as officers of the U.S. government
General rule: sovereign equality of states
Exception:
1. when it is to compel him to do an act
required by law, such as when a register
of deeds refuses to record a deed of sale;
2. or to restrain a Cabinet member from
enforcing
a
law
claimed
to
be
unconstitutional;
3. or to compel the national treasurer to pay
damages from an already appropriated
assurance fund;
4.

or the CIR to refund tax over-payments

from a fund already available for the
purpose; or

5. to secure a judgment that the officer

impleaded may satisfy by himself without
the government itself having to do a
positive act to assist him.

PAGE 4 OF 5

Unauthrized acts of govt officials are not

acts of state: ultra vires act, done in bad
faith, showing of malice of gross
negligence

Republic v Sandoval: Mendiola Massacre;

the action for damages against the
military personnel and the policemen
responsible for the 1989 Mendiola
massacre was upheld in as much as the
Davide Commission investigation showed
that there was negligence on their part
when they fired the guns

6. Need for consent: For suit to lie against

state there must be consent; defense of
immunity may be invoked at any stage of
the proceedings
a. Express: Express consent by an act of the
legislative body
i.
general law: CA 327, amended by
PD 1445 all money claims against
the govt first be filed with the COA
before suit is instituted in court
(Dept of Agri v NLRC)
ii.
note:
the
doctrine
of
state
immunity cannot be used to
perpetrate
an
injustice!
[Municipality of Makati v CA]
iii.
special law: Statute [Merritt v Govt
of the Philippines] tax case; PD
1620
IRRI
has
clearly
and
unequivocally
been
granted
immunity
b. implied
when the state commences litigation it
becomes vulnerable to a counterclaim
intervention when asking for an
affirmative relief is implied consent,
but intervention to resist a claim is not
when the state enters into a business
contract in jure gestionis (commercial
or propertiary act) is implied consent
vs. jure imperii act is not implied
consent
U.S. v Ruiz: The repairs of the naval
base pertain to the defense of the US
and the Philippines, a sovereign
function (jure imperii), the SC ruled
that the US cannot be sued without its
consent under the rule on State
immunity.
When exercising power of eminent
domain = jure imperii; but if it has
taken property without payment of
just compensation the defense of jure
imperii cannot be set up

If state enters into a compromise

agreement = waiver
7. scope of consent: consent to be sued
does not include consent to the execution
of the judgment against it
execution requires another waiver
(Larkins v NLRC, and Dept. of Agri
v NLRC)
Municipality of Makati v CA: Where
a municipality fails or refuses, without
justifiable reason, to effect payment of
a final money judgment rendered
against it, the claimant may avail of
the remedy of mandamus in order to
compel the enactment and approval of

PAGE 5 OF 5

the
necessary
appropriation
ordinance, and the corresponding
disbursement of municipal funds
therefor
8. suiability not equated with outright
liability: Liability will have to be
determined by the court on the basis of
the evidence and the applicable law
Fontanilla v Maliaman: National
Irigation Admin is a govt agencywith a
juridical personality separate and
distinction
from
govt,
performs
proprietary functions; NIA liable for
damages casused by driver who was
not a special agent.