PHILIPPINES AS A STATE

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 obedience1. nation: ethnic or racial concept vs. state

is a legal or juristic concept2. government: an instrumentality through

which the will of the State is implemented and realized

B. ELEMENTS OF A STATE 1. People2. Territory3. Government4. Sovereignty

ELEMENT 1: PEOPLE: inhabitants, citizens, electorsAs a requisite for statehood:

1. adequate number for self sufficiency2. defense3. both sexes for perpetuity

ELEMENT 2: Territory1. 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 archipelagoa. 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 jurisdictioni. Batanes (1935 C.)

ii. Art. 1, 1973 C. belonging to the Phils by historic or legal title

iii. PD 1596, June 11, 19784. Other territories over which the Phils

exercises jurisdiction5. Archipelago Doctrine

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

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

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 entityThrough 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.

Functionsa. 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 country’s 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)

Doctrine of parens patriae: Parent of the People

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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 governments1. de jure v. de facto

kinds of de facto governmenta. 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 parliamentarya. presidential: separation of legislative

and executive powersb. 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 federala. 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 governedKinds

a. legal: power to issue final commandsb. political : sum total of all influences

behind the lawc. internal: supreme power over everything

within its territoryd. external: freedom from external control

Characteristics: permanence, exclusiveness, comprehensiveness, absoluteness, indivisibility, inalienabilityEffects of change in sovereignty

a. political laws are abrogated/suspendedb. 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 imperiuma. 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

Jurisdictiona. Territorial: Power of a state over

persons and things within its territoryG: State has jurisdictionE:

1. foreign states, heads of state, diplomatic reps & consuls to a certain degree

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2. foreign state property (embassies, consulates, public vessels engaged in non commercial activities

3. acts of state4. foreign merchants vessels (right of

innocent passage) or involuntary entry5. 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

b. 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

c. Extraterritorial: power of a state exercised beyond its territory

1. assertion of its personal jurisdiction over its nationals abroad; right to punish offenses against its national interests

2. establishes a colonial protectorate, condominium or administers a trust territory, or occupies enemy territory during war

3. local state waives jurisdiction, ex: foreign army stationed under jurisdiction over sending state

4. immunities of head of states in a foreign country

5. enjoyment of easements or servitudes (right of innocent passage, arrival under stress)

6. jurisdiction in the high seas over vessels, pirates

7. limited jurisdiction over contiguous zone, patrimonial sea, (customs, fiscal, immigration or sanitary regulations)

C. STATE IMMUNITY FROM SUIT (Art. 16(3)) The state cannot be sued w/o its consent

1. Basis: G: Royal Prerogative of Dishonesty – There can be no legal right against the authority which makes the law on which the right dependsE: State may be sued if its gives its consent

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 attaché, 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 government’s property, rights or interests that are affected; not of it is made a nominal party

4. Suits against government agenciesa. Incorporated: if the charter provides

the agency can sue and be sued, then the provisions acts as express consent on part of the statei. 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 suediii. 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

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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. governmentGeneral rule: sovereign equality of statesException: 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.

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 the necessary appropriation ordinance, and the corresponding disbursement of municipal funds therefor

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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.

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