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Political law and Public International law 1

POLITICAL LAW DOCTRINES

POLITICAL AND CONSTITUTIONAL LAW PUBLIC INTERNATIONAL LAW


Archipelago Doctrine Doctrine of Incorporation
Doctrine of Constitutional Supremacy Doctrine of Transformation
Doctrine of Judicial Supremacy Doctrine of Qualified Immunity
Doctrine of Ripeness for Judicial Review Doctrine of Hot Pursuit
Doctrine of Parens Patriae Doctrine of Unequal Treaties
Doctrine of Proper Submission Doctrine of Jus Cogens
Doctrine of Separation of Powers Doctrine of State Responsibility
Doctrine of Separation of Church and State Doctrine of Effective Nationality
Doctrine of State Continuity Pacta Sunt Servanda
Act of State Doctrine Rebus Sic Stantibus
Doctrine of State Immunity Pacta Tertiis
Doctrine of Restrictive Sovereign Immunity Doctrine of Immemorial Prescription
Doctrine of Executive Immunity Monroe Doctrine
Doctrine of Sovereign Equality of States Asiatic Monroe Doctrine
Political Question Doctrine Balance of Power Doctrine
Doctrine of Inappropriate Provision Truman Doctrine
Doctrine of Augmentation Hinterland Doctrine
Stewardship Doctrine Wilson or Tobar Doctrine
Doctrine of Fair Comment Stimson Doctrine
Enrolled Bill Doctrine Estrada Doctrine
Regalian Doctrine Thalweg Doctrine
Miranda Doctrine Middle of the Bridge Doctrine
Symbiotic Relation Doctrine Calvo Doctrine
Doctrine of Indelible Allegiance Drago Doctrine
Doctrine of Implied Election Ultimate Destination
Doctrine of Fruit of Poisonous Tree Doctrine of Infection
Plain View Doctrine Doctrine of Ultimate Consumption
Doctrine of Supervening Event Doctrine of Continuous voyage
Overbreadth Doctrine Doctrine of Reciprocity
Principle of Auto limitation

ELECTION LAW
Doctrine of Statistical Improbability

LAW ON PUBLIC CORPORATIONS/ LOCAL GOVERNMENT


Doctrine of Implied Municipal Liability

LAW OF PUBLIC OFFICERS


Doctrine of Necessary Implication
Doctrine of Command Responsibility
Luego Doctrine
Doctrine of Forgiveness or Condonation
Hold- Over Doctrine

ADMINISTRATIVE LAW
Doctrine of Res Judicata in Administrative Law
Doctrine of Prior Resort or Doctrine of Primary Administrative Jurisdiction
Doctrine of Exhaustion of Administrative Remedies
Doctrine of Finality of Administrative Action
Doctrine of Subordinate Legislation
Doctrine of Legislative Approval by Re-Enactment
Brandeis Doctrine of Assimilation of Facts
Doctrine of Qualified Political Agency or Alter Ego Doctrine
Political law and Public International law 2

Archipelago Doctrine
It emphasizes the unity of land and waters by defining an
archipelago either as a group of islands surrounded by waters or a body of
waters studded with islands. For this purpose, it requires that baselines
be drawn by connecting the appropriate points of the outermost islands to
encircle the islands within the archipelago. The waters on the land ward
side of the baselines regardless of their breadth or dimensions are internal
waters.

Doctrine of Constitutional Supremacy


The Constitution is the basic and paramount law of the land to
which all other laws must conform and to which all persons, including the
highest officials of the land, must defer. No law or act shall be valid if it
conflicts with the Constitution.

Doctrine of Judicial Supremacy


The power of the judiciary to annul the acts of either the legislative
or the executive branches of government, or of both, when not
conformable to the fundamental law. (Assn. of Small Landowners v. Secretary of
Agrarian Reform, 175 SCRA 343)

Doctrine of Ripeness for Judicial Review


The basic principle of ripeness is that the judicial machinery should
be conserved for problems which are real and present and imminent, and
should not be squandered on problems which are future, imaginary or
remote.
An issue is normally ripe for judicial determination when the
interests of the plaintiff are, in fact subjected to or imminently threatened
with substantial injury (De Leon, Administrative Law, p. 380-381)

Doctrine of Parens Patriae


Literally, parent of the people. It refers to the State power to
enforce all charities of a public nature. It likewise includes the power of
the State to provide aid, legal, material, or otherwise to the less fortunate
or those whose social status is economically low in a democratic society.
(Nolledo, Constitution Annotated, p. 50)

Doctrine of Proper Submission


Plebiscite may be held on the same day of the regular election but
only in one plebiscite (Gonzales v. Comelec, 21 SCRA 774)

Doctrine of Separation of Powers


The major powers of government are actually distributed by the
Constitution among the several departments namely the legislative,
executive and the judiciary, and the Constitutional Commissions for their
proper exercise. It precludes one branch of the government from
exercising or invading the powers of another.

Doctrine of Separation of Church and State


Expressed in sec. 6, Art II of the Constitution which states that The
separation of Church and State shall be inviolable and reinforced by the
Non-establishment Clause and Free Exercise Clause contained in sec. 5,
Art. III of the Bill of Rights.
Political law and Public International law 3

Doctrine of State Continuity


The State continues as a juristic being notwithstanding changes in
its circumstances provided that they do not result in the loss of any of its
essential elements.

Act of State Doctrine


In Political Law: It is an act done by the political departments of
the government and not subject to judicial review.
In International Law: It means that every sovereign state is
bound to respect the independence of every other state and the
courts of one country will not sit in judgment on the acts of the
government of another done within its territory.

Doctrine of State Immunity


The State may not be sued without its consent (sec.3, Art. 16, Constitution).

Doctrine of Restrictive Sovereign Immunity


When a State enters into a contract, it does not follow that there is
an implied consent to sue. It must take into account whether the state
entered in jus imperii (sovereign acts) where suit will not lie but not where
jus gestionis (proprietary acts) is involved. (US v. Ruiz, 136 SCRA 487)

Doctrine of Executive Immunity


Originally founded upon the idea in Medieval England that the
King can do no wrong.
In the Philippine setting, it is the immunity from suit of the
incumbent President. In In Re: Saturnino Bermudez (145 SCRA 10), it
was ruled that incumbent Presidents are immune from suit or from being
brought to court during the period of their incumbency and tenure but not
beyond.

Doctrine of Sovereign Equality of States


An equal cannot exercise jurisdiction against another equal for it
will unduly vex the peace of nations, in violation of the maxim par in
parem non habet imperium. (Syquia v. Almeda-Lopez, 84 Phils. 312)

Political Question Doctrine


Refers to those questions which under the Constitution:
(1) are to be decided by the people in their sovereign capacity,
(2) or in regard to which full discretionary authority has been
delegated to the Legislative or Executive branch of government.
It is concerned with issues dependent upon the wisdom, not
legality of a particular measure. (Estrada v. GMA, GR. No.146710-15)

Doctrine of Inappropriate Provision


Any provision which does not relate to any particular item, or which
extends in its operation beyond an item of appropriation is considered an
inappropriate provision which can be vetoed separately from an item.
Also to be included in the category of inappropriate provisions are
unconstitutional provisions and provisions which are intended to amend
other laws because clearly, these kind of laws have no place in an
appropriation law. [Philconsa v. Enriquez 235 SCRA 507 (1994)]
Political law and Public International law 4

Doctrine of Augmentation
A prohibition against transfer of appropriations (see sec. 25, Art. VI
Constitution). However, the President; Senate President; Speaker of the
House; Chief Justice; and Heads of Constitutional Commissions may, by
law, be authorized to augment any item in the general appropriations law
for their respective offices from savings in other items of their respective
appropriations. (Garcia, Pre-Week Memory Aid, p.42)

Stewardship Doctrine
Private property is supposed to be held by the individual only as a
trustee for the people who are its real owners.

Doctrine of Fair Comment


Fair commentaries on matters of public interest are privileged and
constitute a valid defense in an action for libel or slander.
It means that while in general, every discreditable imputation
publicly made is deemed false, because every man is presumed innocent
until his guilt is judicially proved, and every false imputation is deemed
malicious, nevertheless, when the discreditable imputation is directed
against a public person in his public capacity, it is not necessarily
actionable unless it be false allegations of fact or comment based on a
false supposition. If the comment is an expression of opinion, based on
facts, then it is immaterial that the opinion happens to be mistaken as long
as it might reasonably be inferred from the facts. (Borjal v. CA, 501 SCRA 1)

Enrolled Bill Doctrine*


The enrolled bill is conclusive upon the courts not only as regards
the provisions thereof but also its due enactment in observance of the
principle of separation of powers.

*ENROLLED BILL, defined: one which has been duly introduced, finally
passed by both houses of Congress, signed by the proper offices of
each, approved by the President and filed by the Secretary of the State.

Regalian Doctrine
In public law, a distinction is made between imperium and
dominium. Imperium is the government authority possessed by the State
expressed in the concept of sovereignty. Dominium is the capacity of the
State to own or acquire property. Dominium, which was the foundation for
the early Spanish decrees embracing the feudal theory of jura regalia that
all lands were held from the Crown, is also the foundation of the first
sentence of section 2. As adopted in a republican system, however, the
medieval concept of jura regalia has been stripped of regalian overtones;
ownership is vested in the State, not in the head of Statebe he
President or Prime Minister. (Bernas Reviewer citing Lee Hong Kok v. David, 48
SCRA 372,377)

Art. XII, sec. 2 of the Constitution states: All lands of the public
domain, waters, minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or timber, wildlife, flora and
fauna, and other natural resources are owned by the State. With the
exception of agricultural lands, all other natural resources shall not be
alienated.
Political law and Public International law 5

Miranda Doctrine
Rights available during custodial investigation or in-custody
interrogation of an accused person, which has been defined as any
questioning initiated by law enforcement officers after a person has been
taken into custody or otherwise deprived of his freedom of action in any
significant way.

The rule begins to operate as soon as the investigation ceases to


be a general inquiry into an unsolved crime and direction is then aimed
upon a particular suspect who has been taken into custody and to whom
the police would then direct interrogatory questions which tend to elicit
incriminating statements.

RIGHTS AVAILABLE under the MIRANDA DOCTRINE:


(1) The right to remain silent
(2) The right to a competent and independent counsel preferably of his own choice at all
stages of the investigation.
(3) The right to be informed of such rights. These rights cannot be waived except in
writing and signed by the person in the presence of his counsel.
(4) No torture, force, violence, threat, intimidation, or any other means which vitiates the
free will shall be used against him.
(5) Secret detention places, solitary, incommunicado, or other similar forms of detention
are prohibited.
(6) Any confession or admission obtained in violation of this or section 17 hereof shall be
inadmissible in evidence against him.
(7) The law shall provide for penal and civil sanctions for violations of this section, as well
as compensation to and rehabilitation of victims of torture or similar practices, as well
as their families.
(see sec. 12, Art. III, 1987 Constitution)

Symbiotic Relation Doctrine


The importance of taxation is due to the unavoidable obligation of
the government to protect the people and extend them benefits in the form
of public projects and services, and in return, the citizens have the
reciprocal duty of sharing the expenses to be incurred in carrying such
obligation through the payment of taxes.

Doctrine of Indelible Allegiance


An individual may be compelled to retain his original nationality
even if he has already renounced or forfeited it under the laws of the
second state whose nationality he has acquired.

Doctrine of Implied Election


The exercise of the right of suffrage and participation in election
exercise constitute a positive act of election of Philippine citizenship. (In re:
Florencio Mallari & Co v. HRET, 199 SCRA 692)

Doctrine of Fruit of a Poisonous Tree


Once the primary source (tree) is shown to have been unlawfully
obtained, any secondary or derivative evidence (fruit) derived from it is
also inadmissible. The rule is based on the principle that evidence illegally
obtained by the state should not be used to gain other evidence, because
the originally illegally obtained evidence taints all evidence subsequently
obtained.
Political law and Public International law 6

Plain view doctrine


Objects falling in plain view of an officer who has a right to be in the
position to have that view are subject to seizure even without search
warrant and such objects may be introduced in evidence.

Doctrine of Supervening Event


The accused may be prosecuted for another offense if a
subsequent development changes the character of the first indictment
under which he may already have been charged or convicted.

Overbreadth Doctrine
Even though the governments purposes are legitimate and
substantial, they cannot be pursued by means that broadly stiffle
fundamental personal liberties, when the end can be more narrowly
achieved. (ABS-CBN v. Comelec, 323 SCRA 811; Lectures of Atty. Sandoval, SSC-R
Law, Bar Review Center)

--ELECTION LAW--

Doctrine of Statistical Improbability a.k.a. Lagumbay Doctrine


This rule states that:
a. where there exists uniformity in the tallies of candidates
belonging to one party;
b. the systematic blanking out of the opposing candidates,
as when all the candidates of one party received all the
votes, each of whom got exactly the same number, and
the opposing candidates got zero votes--
the election returns are obviously manufactured, contrary to all
statistical probabilities and utterly improbable and clearly incredible.
(Lagumbay v. Comelec, 16 SCRA 175)

--LAW OF PUBLIC OFFICERS--

Doctrine of Necessary Implication


All powers necessary for the effective exercise of the express
powers of a public officer are deemed impliedly granted.

Doctrine of Command Responsibility


A superior officer is liable for acts of his subordinates when he
negligently or willfully employs or retains unfit or incompetent
subordinates. (Garcia, Pre-Week Reviewer)

A head of a department or a superior officer shall not be civilly


liable for the wrongful acts, omissions of duty, negligence or misfeasance
of his subordinates unless he has actually authorized by written order the
specific act or misconduct complained of. [Sec. 38, (3), Chapter 9, Book I,
Administrative Code]
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Luego Doctrine
The doctrine laid down the rule that appointment is discretionary. It
is a political question involving considerations of wisdom that only the
appointing authority may determine. So that for as long as the appointee
to a given office meets the minimum qualifications prescribed, the Civil
Service Commission, even the Supreme Court itself, is powerless to nullify
the appointment on the ground that somebody else is better qualified.
[Luego v. CSC, 143 SCRA 327 (1986)]

Doctrine of Forgiveness or Condonation


A public official cannot be removed for administrative misconduct
committed during a prior term, since his re-election to office operates as a
condonation of the officers previous misconduct to the extent of cutting
off the right to remove him therefor. The foregoing rule, however, finds
no application to criminal cases pending against petitioner. [Aguinaldo v.
Santos, 212 SCRA 768 (1992)]

Hold-Over Doctrine (also Hold-Over Principle)


The concept of holdover when applied to a public officer implies
that the office has a fixed term and the incumbent is holding onto the
succeeding term. It is usually provided by law that officers elected or
appointed for a fixed term shall remain in office not only for the term but
until their successors have been elected and qualified. Where this
provision is found, the office does not become vacant upon the expiration
of the term if there is no successor elected and qualified to assume it, but
the present incumbent will carry over until his successor is elected and
qualified, even though it be beyond the term fixed by law. [Lecaroz v.
Sandiganbayan, 305 SCRA 397 (1999)]

--ADMINISTRATIVE LAW

Doctrine of Res Judicata in Administrative Law


Decisions and orders of administrative agencies, rendered pursuant
to their quasi-judicial authority have, upon their finality, the force and
binding effect of a final judgment within the purview of res judicata. (NAFTU
v. Mainit Lumber Devt. Co. 192 SCRA 598)

Doctrine of Prior Resort or Doctrine of Primary Administrative Jurisdiction


In Industrial Enterprises v. CA (184 SCRA 426), the SC ruled that it
may occur that the court has jurisdiction to take cognizance of a particular
case concurrently with an administrative agency. However, if the case is
such that its determination requires the expertise, specialized skills and
knowledge of the proper administrative bodies because technical matters
or intricate questions of facts are involved, then relief must first be
obtained in administrative proceedings.

Doctrine of Finality of Administrative Action


No resort to the courts will be allowed unless the administrative
action has been completed and there is nothing left to be done in the
administrative structure.

Doctrine of Subordinate Legislation


The power of administrative agency to promulgate rules and
regulations on matters of their own specialization.
Political law and Public International law 8

Doctrine of Legislative Approval by Re-Enactment


The rules and regulations promulgated by the proper administrative
agency implementing the law are deemed confirmed and approved by the
Legislature when said law was re-enacted by later legislation or through
codification. The Legislature is presumed to have full knowledge of the
contents of the regulations then at the time of the re-enactment.

Brandeis Doctrine of Assimilation of Facts


One purports to be finding of fact but is so involved with and
dependent upon a question of law as to be in substance and effect a
decision on the latter, courts will review the entire case including the latter.

Doctrine of Exhaustion of Administrative Remedies


A rule that before a party is allowed to seek the intervention of the
court, it is a pre-condition that he should have availed of all the means of
administrative processes afforded him. (Union Bank v. CA, 290 SCRA 198)
This doctrine is disregarded when:
1. there is violation of due process;
2. the issue involved is purely a legal question;
3. there is estoppel on the part of the administrative agency concerned;
4. the administrative action is patently illegal amounting to lack or excess of
jurisdiction;
5. there is irreparable injury;
6. the respondent is a department secretary whose acts as an alter ego of the
President bears the implied and assumed approval of the latter;
7. to require exhaustion of administrative remedies would be unreasonable
8. it would amount to nullification of a claim;
9. the subject matter is private land in land case proceeding;
10. the rule does not provide a plain, speedy and adequate remedy; and,
11. there are circumstances indicating the urgency of judicial intervention
[Paat vs. CA, 266 SCRA 167, (1997)]

Doctrine of Qualified Political Agency or Alter Ego Doctrine


All executive and administrative organizations are adjuncts of the
EXECUTIVE DEPARTMENT. The heads of the various executive
departments are assistants and agents of the Chief Executive, and except
in cases where the Chief Executive is required by the Constitution or law
to act personally, the multifarious executive and administrative functions of
the Chief Executive are performed by and through the executive
departments, and the acts of the Secretaries of such departments,
performed and promulgated in the regular course of business, are, unless
disapproved or reprobated by the Chief Executive are presumptively the
acts of the Chief Executive. [Joson v. Torres, 290 SCRA 279 (1998)]

--LOCAL GOVERNMENT

Doctrine of Implied Municipal Liability


A municipality may become obligated upon an implied contract to
pay the reasonable value of the benefits accepted or appropriated by it as
to which it has the general power to contract (Province of Cebu v. IAC, 147
SCRA 447). The doctrine applies to all cases where money or other
property of a party is received under such circumstances that the general
law, independent of an express contract, implies an obligation to do justice
with respect to the same. (Nachura, Reviewer, 2000, p. 431)
Political law and Public International law 9

--PUBLIC INTERNATIONAL LAW--

Doctrine of Incorporation
Rules of international law form part of the law of the land and no
further legislative action is needed to make such rules applicable in the
domestic sphere.
The doctrine is recognized in the Philippines through sec. 2, Art. II
of the Constitution as the Philippines adopts the generally accepted
principles of international law as part of the law of the land. Rules of
international law are given equal standing with, but are not superior to,
national legislative enactments. Thus, the Constitution as the highest law
of the land may invalidate a treaty in conflict with it. (Sec. of Justice v. Hon.
Lantion, Jan. 18, 2000)

Doctrine of Transformation
International law is not per se binding upon the State. Such must
first be embodied in legislation enacted by the law-making body and so
transformed into municipal law. Only when so transformed will the
international law become binding upon the State as part of its municipal
law.
The doctrine of transformation is found in the Philippines through
the Treaty Clause, sec. 21, Art. VII of the Constitution. No treaty or
international agreement shall be valid and effective unless concurred in by
at least 2/3 of all the members of the Senate.

Doctrine of Qualified Immunity


Immunity is granted to foreign states only in respect of their
governmental acts (acts jure imperii), not in respect of their commercial
acts (acts jure gestionis). For acts jure gestionis, a foreign state may be
sued in the national court of another state. The Philippines adheres to the
doctrine of qualified immunity, both as a principle of international law
incorporated as Philippine law, and as an adjunct of the principle of state
immunity from suit.

Doctrine of Hot Pursuit


Under this doctrine if an offense is committed by a foreign merchant
vessel within the territorial waters of the coastal State or if the coastal
State has good reasons to believe that such an offense had been
committed, the said state vessel may pursue the offending vessel and
upon capture bring it back to its territory for punishment.

Doctrine of Unequal Treaties


Treaties which have been imposed (through coercion or duress) by
a State of unequal character is void.

Doctrine of Jus Cogens


States that customary international law has the status of
peremptory norm of international law, accepted and recognized by the
international community of states as a rule from which no derogation is
permitted. Accordingly, a treaty whose provisions contravene such
international norms or rules may be invalidated.
Political law and Public International law 10

Doctrine of State Responsibility for Injury to aliens


A state is under the obligation to make reparations to the other
state for the failure to fulfill its primary obligation to afford in accordance
with international law, the proper protection due to the alien national of the
latter state. The state may therefore be held liable for the injuries and
damages sustained by the alien while in the territory of the state if;

i. the act or omission constitutes an international delinquency


ii. the act or omission is directly or indirectly imputable to the
state
iii. injury to the claimant state indirectly because of damages to
its nationals.

Doctrine of Effective Nationality


This principle is expressed in Art. 5, of the Hague Convention of
1930 on the Conflict of Nationality Laws as follows:

Art.5. Within a third State, a person having more than one


nationality shall be treated as if he had only one. Without prejudice to the
application of its law in matters of personal status and of any convention
in force, a third State shall, of the nationalities which any such person
possesses, recognize exclusively in its territory either the nationality of
the country with which in the circumstances he appears to be in fact most
closely connected.

Pacta Sunt Servanda


Every treaty in force is binding upon the parties and must be
performed by them in good faith. This applies despite hardships on the
contracting State, such as conflict between the treaty and its Constitution.

Rebus Sic Stantibus


A party is not bound to perform a treaty if there has been a
fundamental change of circumstances since the treaty was concluded.
It has been described as the exception to the rule on pacta sunt servanda.
The principle justifies the non-performance of a treaty obligation if the
subsequent condition in relation to which the parties contracted has
changed so materially and unexpectedly as to create a situation in which
the exaction of performance would be unreasonable.
Rebus Sic Stantibus may not be invoked as a ground for
terminating or withdrawing from a treaty:
1. if the treaty establishes a boundary;
2. if the fundamental change is the result of a breach by
the party invoking it, of an obligation under a treaty or of
any other obligation owed to any party to the treaty.

Pacta Tertiis
A state is not bound to act in accordance with a treaty if it is not a
party to that treaty. The exception is that if that treaty codifies customary
international law, in which case, the state remains bound.
Political law and Public International law 11

Grotius Doctrine of Immemorial Prescription


Territory may also be acquired through continuous and
uninterrupted possession over a long period of time. In international law,
however, there is no rule of thumb as to the length of time needed for the
acquisition of territory through prescription. In this connection, consider
the Grotius Doctrine of Immemorial Prescription, which speaks of
uninterrupted possession going beyond memory. (Nachura, p. 479)

Monroe Doctrine
Enunciated by US President Monroe. The doctrine provided: (1)
That there should be no further colonization by European powers in the
American continents; (2) That there should be no extension of the
European political system to any portion of the hemisphere; and (3) That
there should be no European interposition in the affairs of existing
governments in the Americas for the purpose of oppressing them, or
controlling in any manner their destiny. (Aruego, p. 73)

Asiatic Monroe Doctrine


In effect, the Asiatic Monroe Doctrine would mean that the Far East
be preserved for the Far East with Occidental powers keeping off their
hands; and that as the United States guarded the countries of the
American hemisphere against foreign encroachments, so must Japan
guard those of the Far East. (Aruego, p. 74)

Balance of Power Doctrine


The principle underlying the doctrine of the balance of power
seems to be that the increase in the power of a state or of a group of
states or the change in relations of states may endanger the existence of
others; hence, it is necessary that states in such geographical proximity as
to be endangered must take measures for their preservation. (Aruego, p.
74)

Truman Doctrine
It was a proposal made by President Truman in a message to
Congress on March 12, 1947, in which he pointed to the need of economic
and military aid by the United States to Greece and Turkey- it was later
broadened to include Europe- because it must be the policy of the United
States to support free people who are resisting attempted subjugation by
armed minorities or by outside pressures. (Aruego, p. 75)

Hinterland Doctrine
A doctrine adopted in the partition of Africa delimiting the territorial
zones contiguous to the initial settlement set up along the coasts, as
spheres of influence based on the coastal settlement .

Wilson or Tobar Doctrine


Political law and Public International law 12
Precludes recognition of government established by revolution, civil
war, coup d etat, or other forms of internal violence until the freely
elected representatives of the people have organized a constitutional
government.

Stimson Doctrine
Precludes recognition of any government established as a result of
external aggression

Estrada Doctrine
Diplomatic representatives of a country where political upheaval
has taken place will deal or will not deal with whatever government is in
control therein at time and either action shall not be taken as judgment on
legitimacy of said government.

Thalweg Doctrine
For boundary rivers, in the absence of an agreement between the
riparian states, the boundary line is laid on the middle of the navigable
channel.

Middle of the Bridge Doctrine


Where there is a bridge over a boundary river, the boundary line is
the middle or center of the bridge.

Calvo Doctrine
No state is responsible for losses suffered as a result of
insurrection or civil war.

Drago Doctrine
A public debt cannot give rise to the right of intervention.

Doctrine of Ultimate Destination


Authorizes confiscation of contrabands based on ultimate
destination of goods. Even if the vessel stops at an intermediate port, it
will still be considered as one continuous voyage provided it can be shown
that its cargo will ultimately be delivered to a hostile destination.

Doctrine of Infection
Contrabands that are shipped together with innocent goods
belonging to the same person may be confiscated

Doctrine of Ultimate Consumption


Goods intended for civilian use, which may ultimately find their way
to and be consumed by belligerent forces may be seized on the way.

Doctrine of Continuous Voyage


Goods reloaded at an intermediate port on the same vessel, or
reloaded on another vessel or other forms of transportation may also be
seized on the basis of the doctrine of Ultimate Consumption.

Doctrine of Reciprocity
Political law and Public International law 13
If the requesting state is shown to be willing to surrender its own
national for trial by the courts of another country, the detaining state must
also surrender its own citizens for trial.

Principle of AUTO-LIMITATION:
It is to be admitted that any state may, by its consent,
express or implied, submit to a restriction of its sovereign rights.
There may thus be a curtailment of what otherwise is a power
plenary in character. That is the concept of sovereignty as auto-
limitation, which, in the succinct language of Jellinek, is the
property of a state-force due to which it has the exclusive capacity
of legal self-determination and self-restriction. (Reagan v. CIR, 30
SCRA 973 quoted in Nolledo, p. 46)