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Sovereignty is the supreme and uncontrollable power inherent in the

State by which the state is governed.


Two kinds of sovereignty:

1. Legal Sovereignty — authority which has


the power to issue final commands

2. Political Sovereignty — power behind the legal sovereign, or the


sum total of all the
influences that operate upon it

Sovereignty may also be internal or external:

1. Internal Sovereignty — refers to the power


of the state to control its domestic or
internal affairs

2. External Sovereignty — the power of the


State to direct its relations with other states, also known as
independence

Section 1, Article II. The Philippines is a democratic and republican


State. Sovereignty resides in the people and all government authority
emanates from them.
Territorial Jurisdiction — authority of State to have all within its
[territorial] bounds to be subject to control and protection.

Personal Jurisdiction — authority of the state over all its nationals,
their person, property, and acts, whether within or outside its territory
Extraterritorial Jurisdiction — authority of state over persons, things,
and acts outside of its territorial limits as it affects the people of the state

C.STATE IMMUNITY
Summary of Rule

General Rule: The State cannot be sued Exception: When the State
consents to be sued. How consent is given:

1. Express
Through special law
b.

2. Implied
a.
Through general law; or
• When the State enter into business contracts with individuals
(performing proprietary functions); 


• When the State commences litigation and becomes vulnerable to


counterclaim; 


• When it would be inequitable for the State to invoke immunity; and 


• In eminent domain cases. 


In instances of Money claims:


When a money judgment is given against the government, the ordinary
rule for execution would not apply, for the consent of the government to
be sued is only up to the point of judgment. If it does not pay, it cannot
be compelled to pay by attachment or otherwise

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