STATE RESPONSIBILITY RULE OF MAN: that which was based on other individuals are not directly bound by it,
individuals are not directly bound by it, for
STATE: the role of the State in the social order is
to see to it that members of society acknowledge
its authority and it governs the people properly.
: the State must recognize that the people have
rights and freedoms that are inherent in them and
cannot be taken away.
: The State’s duty is to guarantee the continued
enjoyment by the people of their rights.
: For the meaningful enjoyment of human rights
by everyone while maintaining the delicate
balance of ensuring a peaceful and orderly
society under a regime of the rule of law, the
State may regulate and limit certain activities of
its people.
DELICATE BALANCE: can only be achieved if
the State promotes the respect for human rights,
and members of society acknowledge that the
enjoyment of certain rights is subject to the
State’s prudent and reasonable exercise of Police
Power.
RULE OF LAW: included those which were
enacted at the whim of princes and rulers for their
subjects to obey.
: only that set of laws which was based on reason
(Aristotle)
consideration.
STATE ACTORS: States are abstract entities,
they do not act on their own. States act through
their agents.
: When a State actor violates the human rights of
an individual, it is deemed a violation by the State
itself.
VIOLATION BY PRIVATE INDIVIDUALS:
Individual responsibility for human rights
violations committed by private persons are
treated and punished under the criminal law
system.
REQUISITES FOR VIOLATIONS
1. The State, through its lawmaking body,
must enact the appropriate laws to
criminalize the human rights violations;
and
2. The State through its judiciary must
provide adequate judicial remedies.
STATE LIABILITY: the State’s role as guarantor
of human rights enjoyment and protection carries
with it the obligation to ensure that State actors
and non-State actors do not violate them.
INTERNATIONAL STATE RESPONSIBIILITY:
the traditional principle in international law is that
individuals are not subjects of international law.
: by ratifying a treaty, the State agrees to be
bound by international law and thereupon incurs
responsibility.
: The State’s responsibility to ensure compliance
with international human rights obligations does
not end with the enactment of local laws.
INTERNATIONALLY WRONGFUL ACTS:
ELEMENTS
1. The act or omission is attributable to the
State under international law
2. The conduct constitutes a breach of an
international obligation of the State.
STATE ORGANS: Persons and entities which
have the status of organs in the internal law of
the State.
ARTICLE 4: The conduct of any State organ
shall be considered an act of that State under
international law, whether the organ exercises
legislative, executive, judicial or any other
functions, whatever position it holds in the
organization of the State, and whatever its
character of the central organ of the government
or of a territorial unit of the State.
GENERAL RULE ON ATTRIBUTING STATE
RESPONSIBILITY
 a. Direct responsibility of the State committed
by State actors, and
b. Responsibility for acts committed by non-
State actors when the State failed to pass
laws, prevent and punish violations, and to
provide adequate legal remedies.
DERIVATIVE STATE RESPONSIBILITY: a State
may be held liable for a human rights violation
even if it did not directly commit the act
constituting the violation, provided that it assisted
in the commission of the act or allowed it to
happen, similar to a conspirator, accomplice or
accessory in our criminal law.
ELEMENTS
a. The State aids and assists in the
commission by another of the
internationally wrongful act and,
b. The State exercises direction and control
over the commission of the act.
: a remedy available to a natural or juridical
person entity authorized by law, people’s
organization, non-governmental organization, or
any public interest group accredited by or
registered with any government agency, on
behalf of persons whose constitutional right to a
balanced and healthful ecology is violated or
threatened with violation by an unlawful act or
omission of a public official or employee, or
private individual or entity, involving
environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants
in two or more cities or provinces.

DOCTRINE OF INTERGENERATIONAL
RESPONSIBILITY: the present generation holds
the natural resource treasures of the earth in trust
for the benefit, enjoyment, and use of the
generations of humankind yet to come, and the
State has the responsibility to protect and see to
it that this be realized.

WRIT OF KALIKASAN: AM No. 09-6-8-SC