THE PHILIPPINES AS A

STATE
STATE a community of persons, more or less
numerous, permanently occupying a definite
portion of territory, independent of external
control, and possessing of a government to
which a great body of inhabitants render habitual
obedience
State is a legal or juristic concept while nation is
an ethnic or racial concept
Government is the instrumentality of the State to
implement the latters will
ELEMENTS OF THE STATE
People inhabitants (Sec 2, Art III);
citizens (preamble; sec 1&4, Art II; Sec 7,
Art III); electors (sec 4, art VII); adequate
number for self-sufficiency and defense; of
both sexes for perpetuity
Territory
Government
sovereignty
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 domain, including its territorial sea,
the seabed, the subsoil, the insular shelves and
other submarine areas
Terrestrial, fluvial, maritime, aerial domains
The Philippine Archipelago treaty of Paris on
Dec 10, 1898 (cession of the Phil islands by
Spain to US); treaty between Spain and US in
1900 (Cagayan, Sulu and Sibuto)
Other territories over which the Phil exercises
jurisdiction Batanes (1935 Constitution); those
contemplated in Article I, 1973 constitution
(belonging to the Phil by historic right or legal
title; PD 1596 Jun 11, 1978
Archipelago doctrine- 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 (2
nd
sentence,Sec 1, Art I)
Straight baseline method imaginary straight
lines are drawn joining the outermost points of
outermost islands of the archipelago, enclosing
an area the ratio of which should not be more
than 9:1 (water to land);provided that the
drawing of baselines shall not depart to any
appreciable extent, from the general
configuration of the archipelago. The breadth of
territorial sea shall then be measured from the
baselines

Baselines of the Phil Islands (RA 3046, 1961)
defining the internal or inland waters of the
Philippines as amended by RA 5446; RA 9522,
the new baseline law- technical adjustments to
baselines and basepoints under previous law
and treatment of KIG and Scarborough shoal as
regime of islands
PD 1599 Exclusive Economic Zone, 1978 ( 200
nautical miles from the baselines from which
territorial sea is measured; overlapping or
common boundaries subject to agreement by
the states)
GOVERNMENT
Agency or instrumentality through which the will of the
State is formulated, expressed and realized.
Government of the Phil corporate governmental entity
through which the functions of the government are
exercised throughout the Philippines, is the corporate
governmental entity through which the functions of the
government are exercised throughout the Phil, including
the various arms through which political authority is
made effective in the Phil whether pertaining to the
autonomous regions, the provincial, city, municipal or
barangay subdivisions or other forms of local
government
Functions of Government
Constituent/Governmental (involves exercise of
sovereignty and therefore compulsory) and
Ministrant/Proprietary (connotes exercise of
proprietary functions and thus considered
optional)
Commercial or universal banking is ideally not a
governmental but a private sector endeavor. It is
an optional function of government (Yap v CSC,
225 SCRA 285)

The Bases Conversion Development Authority
created under RA 7227 performs functions
which are basically proprietary in nature. The
promotion of economic and social development
of Central Luzon, in particular, and the countrys
goal for enhancement, in general, do not make
BCDA equivalent to Government. Other
corporations, such as SSS, GSIS, NIA, although
performing functions aimed at promoting public
interest and public welfare, are not vested with
govt attributes (Shipside v CA, GR 143377)
The repudiation of the laissez faire
doctrine is reiterated in Asstn of Phil
Coconut Dessicators v PCA where it was
held, that although the 1987 Constitution
enshrines free enterprise as a policy, it
nevertheless reserves to the Government
the power to intervene whenever
necessary to promote the general welfare,
as reflected in secs 6 and 19, Art XII (GR
110526)
Doctrine of Parens Patriae literally means parent of the
people
De jure government (government of law) organized
government of a state with the general support of the
people
de facto government(government of fact) actually
exercises control but without legal title
Kinds of de facto govt- one which takes possession or
control of , or usurps, by force or by the voice of the
majority, the rightful legal government and maintains
itself against the will of the latter; one that is established
by inhabitants of territory who rise in insurrection against
the parent state; and one established by invading forces
of an enemy who occupy a territory in the course of war
( de facto govt by paramount force)
SOVEREIGNTY
Supreme and uncontrollable power
inherent in a State by which the State is
governed
Legal and political; internal and external
Characteristics: permanence,
exclusiveness, comprehensiveness,
absoluteness, indivisibility, inalienability,
imprescriptibility
Effects of change in sovereignty- political laws
are abrogated; municipal laws remain in force
Effects of belligerent occupation- political laws,
except law on treason, are suspended;
municipal laws remain in force unless repealed
by the belligerent occupant. However at the end
of occupation, when occupant is ousted from the
territory, political laws which had been
suspended during the occupation shall
automatically become effective again, under the
doctrine of jus postliminium

Territorial jurisdiction: power of the state over
persons and things within its territory. Exempt
are foreign states heads of state, diplomatic
reps, and consuls to a certain degree; foreign
state property, including embassies, consulates
and public vessels engaged in non-commercial
activities; acts of state; foreign merchant vessels
exercising the rights of innocent passage or
involuntary entry such as arrival under stress;
foreign armies passing through or stationed in its
territory with its permission; and such other
persons or property, including organizations like
the United Nations, over which it may, by
agreement, waive jurisdiction
Personal jurisdiction: power of the state over its
nationals, which may be exercised by the State
even if the individual is outside the territory of
the state
Extraterritorial jurisdiction: power exercised by
the State beyond its territory in the following
cases: 1. assertion of its personal jurisdiction
over its nationals abroad or the exercise of its
rights to punish certain offenses committed
outside its territory against its national interests
even if the offenders are non-resident aliens
2. By virtue of its relations with other states or
territories, as in when it establishes a colonial
protectorate or a condominium or administers a
trust territory or occupies enemy territory in the
course of war;
3. when the local state waives its jurisdiction over
persons and things within its territory as when a
foreign army stationed therein remains under the
jurisdiction of the sending state;
4. by the principle of exterritoriality as illustrated by
the immunities of the head of state in a foreign
country
5. through enjoyment of easement or servitudes
such as the easement of innocent pasage or
arrival under stress
6. Exercise of jurisdiction by the state in the high
seas over its vessels; over pirates in the
exercise of the right to visit and search and
under the doctrine of hot pursuit
7. Exercise of limited jurisdiction over the
contiguous zone and the patrimonial sea, to
prevent infringement of its customs, fiscal,
immigration or sanitary regulations
STATE IMMUNITY FROM SUIT
(Sec 3, Art. XVI)
There can be no legal right against the
authority which makes the law on which
the right depends(RP v Villasor, 54 SCRA
83). However, it may be sued if it gives
consent whether express or implied
The doctrine of royal prerogative of
dishonesty. States diplomatic agents are
also exempt from the jurisdiction of local
courts
The UN, as well as its organs and
specialized agencies , are likewise beyond
the jurisdiction of the local courts
Even the international organizations or
international agencies may be immune
from the jurisdiction of local courts and
local administrative tribunals

The International Rice Research Institute
shall enjoy immunity from any penal, civil
and administrative proceedings, except
insofar as that immunity has been
expressly waived by the Director General
of the institute of his authorized
representative (Callado v IRRI)
Test to determine if suit is against the
State. It is a suit against the state if the
decision is rendered against the public
officer or agency impleaded involves for its
enforcement, an affirmative act from the
state such as the appropriation of the
needed amount to satisfy the judgement.
Incorporated Agency. If the charter
provides that the agency can sue and be
sued, then the suit will lie including one for
tort. The provision in the charter
constitutes express consent on the part of
the state to be sued (PNB v CIR, SSS v
CA, etc)

Municipal corporations are agencies of the
State when they are engaged in
governmental functions and, thereofre,
should enjoy the sovereign immunity from
suit. Nevertheless, they are subject to suit
even in the performance of such functions
because their respective charter s provide
that they can sue and be sued (195 SCRA
692)
NIA is a corporate body performing
proprietary functions whose charter
provides that it may sue and be sued
Although the charter of Phil National
Railways is silent on whether it may sue or
be sued, it had already been ruled that it is
not performing any governmental function,
and may therefore be sued
Unincorporated Agency. Inquire into
principal functions of the agency
If governmental, no suit without its consent
(like Customs, etc)
Exercise of proprietary function incidental
to its primarily governmental functions, an
unincorporated agency still cannot be
sued without its consent
DA could be sued on service contracts
entered into by it despite it being an
unincorporated agency performing
primarily governmental functions because
of the express consent contained in Act.
3038.
If proprietary function, suit will lie.
Suit against Public Officers
The doctrine of state immunity also applies
to complaints filed against officials of the
State for acts performed by them in the
discharge of their duties within the scope
of their authority
Unauthorized acts of government officials
are not acts of state; thus, the public
officer may be sued and held personally
liable in damages for such acts
Where public officer has committed an
ultra vires act, or where there is showing
of bad faith, malice or gross negligence,
the officer can be held personally
accountable, even if such acts are claimed
to have been performed in connection with
official duties
Where the public official is used in his
personal capacity, as in this case, where
petitioner was sued for alleged personal
motives in ordering the ejectment of the
General Assembly of the Blind, Inc from
Rizal Park, the doctrine of state immunity
will not apply, even if the acts complained
of were committed while the public official
was occupying a public position (Lansang
v CA, GR 102667)
The doctrine of state immunity cannot be used to
perpetrate an injustice
express consent- special law, must be
embodied in a statute, may not be given by a
mere counsel
Waiver of immunity, being in derogation of
sovereignty, will not be inferred lightly and must
be construed strictissimi juris. Thus, complainat
must allege the existence of such consent,
otherwise the complaint may be dismissed by
courts
Implied consent
When state commences litigation
When the state enters into a business contract
Consent to be sued does not include consent to
the execution of judgment against it. Such
execution will require another waiver, because
the power of the court ends when he judgment is
rendered, since government funds and
properties may not be seized under writs of
execution or garnishment , unless such
disbursement is covered by the corresponding
appropriation as required by law (54 SCRA 84)
Funds belonging to government corporations
whose charters provide that they can sue and be
sued that are deposited with a bank are not
exempt from garnishment (83 SCRA 595)
Funds of municipality, although it is an
incorporated agency whose charter provides
that it can sue and be sued are public in
character and may not be garnished unless
there is a corresponding appropriation ordinance
duly approved by the SB (130 SCRA 56)
Where the 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 the
municipal funds therefor (190 SCRA 206)
CASES
GR 187167 (2011) MAGALLONA ET AL V
ERMITA
GR185572 (2012) CHINA VM v
SANTAMARIA
GR 159402 (2011) ATO V DAVID
GR 180388 VIGILAR v AQUINO