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 obedienceState is a legal or juristic concept while nation is an ethnic or racial conceptGovernment is the instrumentality of the State to implement the latters will

ELEMENTS OF THE STATEPeople 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 perpetuityTerritoryGovernmentsovereignty

TERRITORYThe 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 areasTerrestrial, 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 (2nd 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)

GOVERNMENTAgency 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 peopleDe jure government (government of law) organized government of a state with the general support of the peoplede facto government(government of fact) actually exercises control but without legal titleKinds 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)

SOVEREIGNTYSupreme and uncontrollable power inherent in a State by which the State is governedLegal and political; internal and externalCharacteristics: permanence, exclusiveness, comprehensiveness, absoluteness, indivisibility, inalienability, imprescriptibility

Effects of change in sovereignty- political laws are abrogated; municipal laws remain in forceEffects 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 stateExtraterritorial 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 stress6. 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 pursuit7. 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 impliedThe 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 courtsEven 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 suedAlthough 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 agencyIf 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 OfficersThe 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 authorityUnauthorized 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 counselWaiver 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 consentWhen state commences litigationWhen the state enters into a business contractConsent 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)

CASESGR 187167 (2011) MAGALLONA ET AL V ERMITAGR185572 (2012) CHINA VM v SANTAMARIAGR 159402 (2011) ATO V DAVIDGR 180388 VIGILAR v AQUINO