National Territory
Maritime/Fluvial Domain
Territory
● Refers to the portion of the earth under
the effective control of the state where it
exercises its sovereignty
● Borders of the state’s territory must be
reasonaby determined
● Territory of a state is defined by a treaty
or its constitution
● No required size or extent of territory
but it must be large enough to provide
for the needs of the people
Terrestrial/Land Domain
● Refers to a landmass, may be integrated
or dismembered, or party bound by
water, or consists of a whole island
● Includes all resources attached attached
to the land
● State exercises jurisdiction over
everything found within its territorial
domain, except the following:
1) Foreign states, head of states,
diplomatic representatives, and
consuls to a certain degree;
2) Foreign state property, including
embasies, consulates, and public
vessels engaged in
non-commerical activities;
3) Acts of state;
4) Foreign merchant vessels
exercising the rights of innocent
passage or arrival under stress;
5) Foreign armies passing through
or stationed in its territories with
its permission; and
6) Such other persons or property,
including organizations like the
United Nations, over which it
may by agreement, waive
jurisdiction.
● Refers to the navigable waters of the
state like sea, lake, rivers, includes
internal wears, territorial sea, seabed,
Exclusive Economic Zone, insular
shelves, and other submarine areas
Archipelago
● Chain or cluster of islands
● Scattered or group of islands
● Doctrine of Archipelago
○ The baseline from which the
inland and territorial sea of an
archipelago is to be determined
consists of straight lines joining
appropriate points of the
outermost islands or edge of the
archipelago.
○ Used as a basis in determining
the inland and territorial waters
of the country
Scarborugh Shoal
● Philippine’s assertion of sovereignty
over the shoal is based on the juridical
criteria stablished by public
international law on the lawful methods
of acquisition of sovereignty.
United Nations Conventions of the Law of the
Sea
● Constitution of the oceans
● Stated in the maritime zones are the
rights and duties of the states
● EEZ is 200 nautical miles from the land
of the country
● How to divide the boundary if there is
an overlap? Equidistant line or midline
or through negotiation
Philippines and China Dispute over the West
Philippine Sea (or South China Sea)
China’s Contentions
● Nine-dash line basis
○ China asserts its “indisputable
sovereignty” and “historic
rights” to over two-thirds of the
3.5 millow square kilometers
South China Sea justified their
nine-dash claim
○ China further suggests that
whatever is within or scope of
the area of the nine-dash line is
under the territorial jurisdiction
of China
Philippines’ Contentions
● Challenge China’s nine-dash map
○ China has no legal basis over
their historic claim and
nine-dash line map
○ Pursuant to the Court of
Arbitration, on the United
Nations Convention on the Law
of the Sea (UNCLOS), China’s
claim is invalid
○ China has already ratified in
limiting their maritime zone in
what is stated in the UNCLOS
● Determination of land features in
Spratly Islands
○ Pursuant to UNCLOS, an island
has 200 nautical miles (EEZ)
○ Philippines has sovereign rights
over the natural resources found
in the island
○ Note: Rocks (with territorial
sea) and Low Tide Elevtions (no
territorial sea) have no EEZ
○ China cannot claim the islands
within the EEZ of the
Philippines which includes the
Spratly Islands
● Interference of China to Philippines’
EEZ
○ China cannot enter the
Philippines EEZ
○ China cannot acquire
Philippine’s natural resources
● China’s illegal land reclamation and
constructio of artificial island on Spratly
Islands
○ Pursuant to the Court of
Arbitration, China damaged the
natural resources found on the
island
Effects
● The nine-dash line affects the Exclusive
Economic Zone (EEZ) of the following
countries: Malaysia, Indonesia, Brunei,
Vietnam and Philippines
● Presence of Chinese vessels were seen
in the territory of the Philippines
● Affected the livelihood of Filipino
fishermen
What can the Philippines do to enforce the
decision of the PCA?
1. Have a strong political will
○ According to Justice Carpio,
under the constitution, the
President is the Chief of Foreign
Policy which means that he has
control over the Department of
the Foregin Affairs (alter ego)
○ Therefore, if the President has
no action over such foreign
affais, the ruling will not be
asserted
2. Enter into multilateral agreements
○ Philippines must convene
claimant countries and declare
marine protected areas
3. File a petition before the UNCLOS
○ Claim damages
Sabah Issue
● Located Northern Borneo, Malaysia
● Spanish government in the Philippines
signed treaties with the sultanates of
Sulu and Maguindanao to recognize
their de facto independence
● On 1939, the North Boreno Chief Justie
stated that the heirs of the sultan of Sulu
were legall enttled o the payment for
North Borneo (cession payment)
● On 1962, the heirs ceded sovereignty
rights over Sabah to the Philippine
government
● Sabah was ceded to Malaysia together
with Sarawak and Singapore by Great
Britain to form the Federation of
Malaysia
● On 1963, the Federation of Malaysia
became a sovereign state which includes
North Borneo as one of its states
however, Philippines and Indonesia did
not recognize the former’s sovereigny
and broke off diplomatic relations with
Kuala Lumpur
● On 1967, Marcs administration wanted
to destabilize Sabah
● On 2013, the followers of Jamalul
Kiram landed in Sabah to claim their
own territory and take it back from
Malaysia
State Immunity
General rule: “The State may not be sued
without its consent.”
● This provision is merely a recognition of
the sovereign character of the State and
an express affirmation of the unwritten
rule insulating it from the jurisdiction of
the courts of justice
Justice Holmes
● The Doctrine of Non-Suability is based
not on “any formal conception or
obsolete theory but on the logical and
practical ground that there can be no
legal right against the authority which
makes the law on which the right
depends.”
● The practical consideration that the
demands and inconveniences of
litigation will divert the time and
resources of the State from the more
pressing matters demanding its
attention, to the prejudice of the public
welfare.
Principle of the Sovereign Equality of States
● One State cannot assert jurisdiction over
another in violation of the maxim par in
anem non habet imperium. To do so
would “unduly vex the peace of
nations.”
● The application of the doctrine of
immunity from suit has been restricted
to sovereign or governmental activities
(jus imperii). The mantle of state
immunity cannot be extended to
commercial, private and proprietary acts
(jus guestionis).
○ Exception: Restrictive
application of state immunity -
A State may be said to have
descended to the level of an
individual and can thus be
deemed to have tacitly given its
consent to be sued only when it
enters into business contracts. It
does not apply where the
contract relates to the exercise
of its sovereign functions.
○ Exception from the exception:
Not all acts jure imperii may
exempt a State from suit, as in
the case of its exercise of its
power of eminent domain, when
done without payment of just
compensation.
Against public officers
● Test: Whether assuming the decision is
rendered against the public officer
impleaded, enforcement thereof will
require an affirmative act from the State,
such as an application of the needed
amount to satisfy the judgment.
● If it does, the suit is one against the
State and its inclusion as
party-defendant is necessary. If, on the
other hand, the officer impleaded may
by himself alone comply with the
decision of the court without necessity
of involving the State, then, the suit can
prosper against him and will not be
considered a claim against the State.
● Where a public officer without or in
excess of jurisdiction, any injury caused
by his is his own personal liability and
cannot be imputed on the State.
Immunity of Foreign States and Diplomats
● Form of legal immunity and a policy
held between governments
● Ensures that diplomats are given safe
passage and are considered not
susceptible to lawsuits or prosecution
● A diplomatic agent shall enjoy
immunity from the criminal, civil and
administrative jurisdiction of the
receiving State, except cases involving:
○ Real action relating to private
immovable property
○ Action relating to succession in
which diplomatic agent is
involved as executor,
administrator, heir or legatee
○ Action relating to any
professional or commercial
activity
Against government agencies
● When a suit is filed against a
government entity, it must be
ascertained whether or not the State, as
the principal that may ultimately be held
liable, has given its consent to be sued.
When the suit is deemed against the State
● Instances when a suit against the State is
proper are:
○ When the Republic is sued by
name
○ When the suit is against an
unincorporated agency
○ When the suit is on its face
against a government officer but
the case is such that ultimate
liability will belong not to the
officer but to the government
Consent of the State to be sued
● If its consents, eitheir expressly or
impliedly, the State may be the subject
of a suit
● The State “will be deemed to have
impliedly waived its non-suability only
if it has entered into a contracts in its
proprietary or private capacity.
However, when the contract involves its
sovereign or governmental capacity, no
such waiver may be implied.”
Express consent
● May be manifested through a general
law or a special law
Implied consent
● May be given when the State itself
commences litigation or when it enters
into a contract
When the State commences litigation
● Waiver is also implied when the
government files a complaint, thus
opening itself to a counterclaim
● By taking intiative in an action against a
private party, the state surrenders its
 privileged position and becomes the
defendant

When the State enters into a business contract

● A State may have descended to the level
of an individual and can be deemed to
have tacitly given its consent to be sued
when entering business contracts
● However, it does not apply when the
conract reats to the exercise of its
sovereign functions

Incorporated agency
● Has a charter of its own that invests it
with a separate judicial personality, like
the SSS, UP, and the City of Manila
● It is suable, if its character says so, and
this is true, regardless of the functions it
is performing.

Unincorporated agency
● It has no separate juridical personality,
but it is merged in the general
machinery of the government, such as
the Department of Justice.

Suability
● The result of the express or implied to
be sued does not of the State

Liability
● It is determined after hearing on the
basis of the relevant laws and the
established facts.