State is a legal or political concept, while the nation
is only a racial or ethnic concept.
What are the elements of the State?
 The elements of the state are the People,
Territory, Government and Sovereinity.
People refers simply to the inhabitants of the state.
 Inhabitants
 Electors
 Citizen
Territory is the fixed portion of the surface of the
earth inhabited by the people of the State.
What are the three (3) components of territory?
The three components of the territory are:
terrestrial domain, fluvial or maritime domain, and
aerial domain.
Archipelagic Doctrine- as enshrined in Article I of
the 1987 Constitution provides that an Archipelago
shall be regarded as a single unit so that the waters
around between, and connecting the islands of the
archipelago, irrespective of their breadth and
dimensions, form part of the internal waters of the
state, subject to its exclusive sovereignty.
Government is the agency or the instrumentality
through the will of the State is formulated, expressed
and realized.
De Jure vs. De Facto Government
De Jure De Facto
It is an organized It is not founded upon
government of a State the existing
which has the general constitutional law of
support of the people. the State.
It has rightful title but It is a government of
no power or control, fact, that is , actually
either because this has exercises power or
been withdrawn from it control but without
or because it has not legal title.
actually into the
exercise thereof.
Three kinds of De Facto Government:
 The government that gets possession and
control of by force or by voice of the
majority, the rightful legal government and
maintains itself against the will of the latter.
 That established as an independent
government by the inhabitants of a country
who rise in insurrection against the parent
state.
 That which is established and maintained by
military forces who invade and occupy a
territory of the enemy in the course of war,
and which is denominated as a government
of paramount force.
Constituents - It constitute the very bonds of society
and are therefore compulsory and not optional such
as the keeping of order and providing for the
protection of persons and property from violence
and robbery; and the fixing of legal relations
between man and wife and between parents and
children.
Ministrants – Those that are undertaken to advance
the general interests of society, and are therefore
optional such as public works, public charity, health
and safety regulations, and regulation of trade and
industry.
Doctrine of Parens Patriae
One of the important tasks of the
government is to act for the State as parens patriae
(father of his country). It is a doctrine which refers
to the inherent power or authority of the State to
provide protection of the person and property of a
person non sui juris (an individual who lacks the
legal capacity to acton his or her own behalf, such as
a minor or an insane person).
Laissez Faire Policy
It literally means “leave us alone”; it denotes
that the government should play little or no role at
all in the market .
Administrative Code of 1987 Sec. (1)
 “Government of the Republic of the Philippines" restrictions enter into the picture: (1) limitations
refers to the corporate governmental entity through imposed by the very nature of membership in the
which the functions of government are exercised family of nations; and (2) limitations imposed by
throughout the Philippines, including, save as the treaty stipulations. (Tañada v. Angara, G.R. No.
contrary appears from the context, the various 118295, May 2,1997)
arms through which political authority is made
effective in the Philippines, whether pertaining to Principle of Non-Intervention
the autonomous regions, the provincial, city,
municipal or barangay subdivisions or other forms The United Nations has repeatedly clarified
of local government. that states are strictly prohibited from intervening in
the domestic affairs of other states, particularly in
 A government-owned or controlled corporation Article 2.4 of the UN Charter, which prohibits the
engaged in proprietary functions cannot be threat or use of force against the territorial integrity
considered part of the Government for purposes of or political independence of another state. The non-
exemption from the application of the statute of intervention principle, however, is not simply
limitations. restricted to situations involving use of force, acts of
aggression, or armed conflict.
Sovereignty is the supreme, absolute, and
uncontrollable power inherent in a State by which
any State is governed.
What are the four kinds of sovereignty?
The four kinds of sovereignty are legal,
political internal and external sovereignty.
What are the characteristics of the Sovereignty?
The characteristics of sovereignty are
permanence, exclusiveness all-comprehensiveness,
unity, inalienability and impresciptibility.
Imperium - The State’s authority to govern as
embraced in the concept of sovereignty. It includes
passing laws, governing a territory, maintaining
peace and order over it, and defending it against
foreign invasion.
Dominium – Capacity of the state to own or acquire
property. It covers such rights as title to land,
exploitation and use of it, and disposition or sale of
the same.
Doctrine of Auto-Limitation
While sovereignty has traditionally been
deemed absolute and all-encompassing on the
domestic level, it is however subject to restrictions
and limitations voluntarily agreed to by the
Philippines, expressly or impliedly as a member of
the family of nations (Reagan vs. CIR, G.R. No. L-
26379, December 27,1969).
Restrictions
The sovereignty of a state therefore cannot
in fact and in reality be considered absolute. Certain
Jurisdiction - It is the manifestation of sovereignty.
The jurisdiction of the state is understood as both its
authority and the sphere of the exercise of that
authority.
What are the kinds of jurisdiction?
The kinds of jurisdiction are territorial jurisdiction,
personal jurisdiction, and extraterritorial jurisdiction.
Exception to Territorial Jurisdiction:
 Foreign state, heads of state, diplomatic
representatives, 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
 Such other persons or property, including
organizations like the United Nations, over
which it may, by agreement, waive
jurisdiction.
Act of State Doctrine
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 with in its territory,
redress of grievances by reason of such acts must be
obtained through the means open to be availed of by
sovereign powers as between themselves.
Doctrine of State Immunity
The State may not be sued without its
consent. (1987 Constitution, Art. XVI, Sec.3)
Basis
 Indiscriminate suits against the State will
impair its dignity and supposed infallibility.
 There can be no legal right against the
authority which makes the law on which the
right depends.
 If it were otherwise, government service
may be severely obstructed and public safety
endangered because of the number of suits
that the State has to defend against.
General rule:
 All states are sovereign equals and cannot
assert jurisdiction over one another,
consonant with the public international law
principle of parin parem non habet
imperium. A contrary disposition would
"unduly vex the peace of nations." (Arigo v.
Swift, G.R. No. 206510, September 16,
2014)
 The head of State, who is deemed the
personification of the State, is inviolable,
and thus, enjoys immunity from suit.
(JUSMAG Philippines v. NLRC, G.R.
No.108813,Dec.15,1994)
 Likewise, public officials may not be sued
for acts done in the performance of their
official functions or within the scope of their
authority. (DOH v. Phil. Pharmawealth, Inc.,
G.R.No. 182358, February 20,2013)
 Under both Public International Law and
Transnational Law, a person who feels
aggrieved by the acts of a foreign sovereign
can ask his own government to espouse his
cause through diplomatic channels. (Holy
See v. Rosario, G.R.No. 101949, December
1,1994)
Exception:
A State may be sued if it gives consent, whether
express or implied.