STATE - A community of persons, more or less • Legal Sovereignty.

Cruz: Legal
numerous, permanently occupying a definite sovereignty is the authority
portion of territory , independent of external which has the power to issue
control, and possessing a government to which final commands. In our country,
a great body of inhabitants render habitual the Congress is the legal
obedience. sovereign.
• Political Sovereignty Sum total
Nation v State
of all the influences of a State,
STATE is a legal or juristic concept, while legal and non-legal which
NATION is an ethnic or racial concept determine the course of law.
• Internal Sovereignty It refers to
Government v State
the power of the State to
GOVERNMENT is merely an instrumentality of control its domestic affairs. It is
the State through which the will of the State is the supreme power over
implemented and realized. (NACHURA) everything within its territory.
Government is merely an external • External Sovereignty Also
manifestation of the State through which the known as Independence, which
will of the State is exercised (ALBANO) is freedom from external
control. It is the power of State
Country v State
to direct its relations with other
STATE is independent of outside control, while States.
COUNTRY does not require independence.
4. GOVERNMENT = That institution or
aggregate of institutions by which an
ELEMENTS OF A STATE independent society makes and carries
out those rules of action which are
1. PEOPLE = A community of persons necessary to enable men to live in a
sufficient in number and capable of social state, or which are impose upon
maintaining the continued existence of the people forming that society by
the community and held together by a those who possess the power or
common bond of law. authority of prescribing them.
• Inhabitants (1) Governmental (Constituent)-
• Electors are the compulsory functions
• Citizens which constitute the very bonds
• Sovereign of society.
(2) Proprietary (Ministerial)—
2. TERRITORY = Territory is the fixed optional functions of the
portion of the surface of the earth government for achieving a
inhabited by the people of the state. better life for the community.
(Bacani v. NACOCO)
3. SOVEREIGNTY = The supreme and
uncontrollable power inherent in a
State by which that State is governed.
INHERENT POWERS OF THE STATE Constitutional Limitations:

1. Police Power – Art. 16, Sec. 6, The State a. the purpose of taking must be for
shall establish and maintain one police public use
force, which shall be national in scope b. just compensation must be given to
and civilian in character, to be the owner of the private property.
administered and controlled by a
national police commission. The 3. TAXATION – Art. 16, Sec. 28 (1) The rule
authority of local executives over the of taxation shall be uniform and
police units in their jurisdiction shall be equitable. The Congress shall evolve a
provided by law. progressive system of taxation.
Art. 10, Sec. 21, The preservation of
Power of the sovereign to impose
peace and order within the regions shall
burdens or charges upon persons,
be the responsibility of the local police
property or property rights for the use
agencies which shall be organized,
and support of the government to be
maintained, supervised, and utilized in
able to discharge its functions.
accordance with applicable laws. The
defense and security of the regions Constitutional Limitations:
shall be the responsibility of the
National Government. a. Due process
b. Equal protection
is the power vested in the legislature by c. Uniformity and Equity
the Constitution to make, ordain, d. Must be Progressive
establish all manner of wholesome and e. Must not impair obligations of
reasonable laws for the good and contracts
welfare of the State and its people. f. Prohibition against imprisonment
(ERMITA MALATE HOTEL VS. CITY for nonpayment of poll tax
MAYOR, July 31, 1967) g. Non-impairment of judicial review
h. Free exercise of religion
Constitutional Limitations: i. No public money or property shall
a. Due process be appropriated for the use of
b. Equal protection religious purposes, exempt in
c. Legislative discretion not subject to payment for services rendered as
judicial review mentioned therein
(Ichong v Hernandez) j. Exemption from real property
taxation on properties which are
2. EMINENT DOMAIN – Art. 3, Sec. 9, used for religious, charitable
Private property shall not be taken for institutions and educational
public use without just compensation. purposes.
k. Exemption on the non-stock, non-
the right of a government or its agent to profit educational institutions
expropriate private property for public l. Ratification requirement on tax
use, with payment of compensation. exemptions
 m. Tax measures, revenue and tariff 2. Immunity is enjoyed by other States,
bills shall originate in the House of consonant with the public international
Representatives. law principle of par in parem non habet
imperium (an equal has no authority
DIFFERENCES OF THE INHERENT POWERS
over an equal). The Head of State, who
1. The Police power REGULATES both LIBERTY is deemed the personification of the
and PROPERTY. The Power of Eminent Domain State, is inviolable, and thus, enjoys
and the Power of Taxation affect only immunity from suit.
PROPERTY RIGHTS.

2. The Police Power and Power of Taxation may Exceptions to State Immunity:
be EXERCISED ONLY BY THE GOVERNMENT. The
Sanders vs Veridiano
Power of Eminent Domain may be EXERCISED
BY SOME PRIVATE ENTITIES. 1. To enforce an act required by law
2. To restrain act claimed to be unconstitutional
3. The property taken in the exercise of Police
3. To compel payment of damages from an
Power is DESTROYED because it is NOXIOUS or
already appropriated fund
INTENDED FOR A NOXIOUS PURPOSE. The
4. To secure judgment where officer may satisfy
property taken under the Power of Eminent
liability without state doing positive act
Domain and the Power of Taxation is intended
5. When government violates own laws because
for a PUBLIC USE OR PURPOSE is therefore
state immunity cannot be used to perpetrate an
WHOLESOME
injustice
The compensation of the person subjected to
Republic vs Sandoval
Police Power is the INTANGIBLE ALTRUISTIC
FEELING that he has contributed to the general 1. When Republic is sued in its name
welfare. The compensation involved in the 2. When suit is against an unincorporated
other powers is more concrete, to wit, a full and government agency
fair equivalent of the property expropriated or 3. When suit is on its face against a government
protection and public improvement for the officer but ultimate liability will fall on the State
taxes paid.

WAIVER OF STATE IMMUNITY. The consent of

the state to be sued may be manifested
STATE IMMUNITY
expressly or impliedly. Express consent may be
State Immunity from Suit. “The State cannot be embodied in a general law or a special law.
sued without its consent” Art. 15, Sec. 3 Consent is implied when the state enters into a
contract or it itself commences litigation.
Basis:
Act No. 3083, under which the Philippine
1. There can be no legal right against the government "consents and submits to be sued
authority which makes the law on upon any moneyed claim involving liability
which the right depends. However, it arising from contract, express or implied, which
may be sued if it gives consent, whether could serve as a basis of civil action between
express or implied. The doctrine is also private parties."
known as the Royal Prerogative of
Dishonesty
IMPLIED WAIVER. State immunity will be from suit but only as long as it can be
deemed to have impliedly waived its non- established that he is acting within the
suability if it has entered into a contract in its directives of the sending State.
proprietary or private capacity.
3 WAYS A FOREIGN STATE CAN INVOKE STATE
Governmental Powers vs Proprietary Powers IMMUNITY
(eg licensing, restaurant inspection, animal
1. Suggestion
control) - jure imperii
2. Department of Foreign Affairs
Governmental – only the government can do,
State Immune -jure gestionis 3. Letter or manifestation.
Proprietary – even a private entity can perform THE UNITED NATIONS, as well as its organs and
(eg commercial, business acts); not State specialized agencies, are likewise beyond the
Immune jurisdiction of local courts
AGAINST PUBLIC OFFICERS WHAT IS THE REMEDY OF PRIVATE CITIZEN
AGAINST FOREIGN STATE?
The doctrine of State immunity also applies to
complaints filed against officials of the State for - The state will lobby the claim through
acts performed by them in the discharge of diplomatic channels (holy see)
their duties within the scope of their authority.
- Doctrine of State Immunity- Foreign State
STATE IMPLIEDLY WAIVES ITS IMMUNITY WHEN invokes immunity
IT COMMENCES LITIGATION (See Republic v
Sandiganbayan) - What is the remedy -( Party can ask the
Philippine Government through Foreign Office
to espouse its claims. - ( Executive department
to raise the issue).
CONSENT OF STATE TO BE SUED
NOTE: If the foreign state does not consent,
a. Express consent – only by an act of a
wala na magagawa.
legislative body (eg General Law –
CA3083)
b. Implied consent – when the state CA3083 – CONSENT OF PH GOVERNMENT TO
commences litigation. BE SUED

SECTION 1. Complaint against Government. —

Subject to the provisions of this Act, the
FOREIGN STATE IMMUNITY
Government of the Philippine Islands hereby
• par in parem non habet imperium consents and submits to be sued upon any
• The restrictive application of state moneyed claim involving liability arising from
immunity is proper only when the contract, expressed or implied, which could
proceedings arise out of commercial serve as a basis of civil action between private
transactions of the foreign sovereign, its parties.
commercial activities or economic
In essence, there is consent to be sued in
affairs.
contracts pertaining to Proprietary Functions.
• A foreign agent, operating within a
territory, can be cloaked with immunity In any case, SUABILITY does not mean LIABILITY.
^up to the judgment of the court C) Those who elected to be citizens. This is
available only to
CAN LOCAL GOVERNMENT BE SUED?
(1) Those born before January 17, 1973
It depends if the LGU is Incorporated or
Unincorporated. (2) To Filipino mothers; and

Incorporated: If the charter provides that the (3) Elect Philippine citizenship upon
agency can sue and be sued, then suit will lie, reaching the age of majority
including one for tort. The provision in the
D) Those naturalized in accordance with law
charter constitutes express consent on the part
of the State to be sued. Modes of Acquiring Citizenship
Unincorporated: Generally, two modes of acquiring citizenship:
Inquire into principal functions of the agency: (A) By Birth
If governmental: NO suit without consent (1) Jus Soli – “right of soil;” person’s
nationality is based on place of birth;
If proprietary: Can be sued
formerly effective in the Philippines
(ROA v. Collector of Customs (1912))

ELEMENTS OF A STATE: PEOPLE (2) Jus Sanguinis – “right of blood;”

person’s nationality follows that of his
CITIZENSHIP
natural parents.
• Membership in a political community
(B) By Naturalization
which is personal and more or less
permanent in character. (Nachura) Naturalization – process by which a foreigner is
• Membership in a political society, which adopted by the country and clothed with the
membership implies, reciprocally, a privileges of a native-born citizen. The applicant
duty of allegiance on the part of the must prove that he has all of the qualification
citizen and duty of protection on the and none of the disqualification for citizenship.
part of the State. (De Leon)
Qualifications (CA 473 Sec 2)
• Distinguished from nationality:
Nationality does not necessarily include (1) Not less than twenty-one years of age on the
the right or privilege of exercising civil day of the hearing of the petition;
or political rights. (Nachura)
(2) Resided in the Philippines for a continuous
Who are Filipino Citizens? period of 10 years of more;

Who are citizens? Art IV, Sec 1 (3) Of good moral character; believes in the
principles underlying the Philippine
A) Citizens of the Philippines at the time of the
Constitution; conducted himself in a proper and
adoption of this Constitution;
irreproachable manner during the entire period
B) Those whose father or mothers are citizens of his residence towards the government and
of the Philippines; community;
(4) Must own real estate in the Philippines (5) Persons suffering from mental
worth P5,000 or more OR must have lucrative alienation or incurable contagious
trade, profession, or lawful occupation; diseases;
(6) Persons who during the period of their
(5) Able to speak or write English or Spanish or stay, have not mingled socially with the
anyone of the principal languages; Filipinos, or who have not evinced a
sincere desire to earn and embrace the
(6) Enrolled his minor children of school age in
customs, traditions, and ideals of the
any of the recognized school where Philippine
Filipinos;
history, government and civics are taught or
(7) Citizens or subjects of nations with
prescribed as part of the school curriculum,
whom the Philippines is at war;
during the entire period of the residence in the
(8) Citizens or subjects of a foreign country
Philippines required of him; other than the United States, whose
Special Qualifications (CA 473 Sec 3) – ANY will laws do not grant Filipinos the right to
result to reduction of 10-year period to 5 years become naturalized citizens or subjects
thereof.
(1) Having honorably held office under the Denaturalization – process by which grant of
Government of the Philippines or under that of citizenship is revoked.
any of the provinces, cities, municipalities, or Grounds (CA 473 Sec 18) – upon the proper
political subdivisions thereof; motion of the Sol Gen or the provincial fiscal,
naturalization may be cancelled when
(2) Established a new industry or introduced a (1) Naturalization certificate was fraudulently or
useful invention in the Philippines; illegally obtained
(2) If, within the five years next following the
(3) Married to a Filipino woman; issuance, he shall return to his native country or
(4) Engaged as a teacher in the Philippines in a to some foreign country and establish his
permanent residence there remaining for more
public or recognized private school not
than one year in his native country or the
established for the exclusive instruction of
country of his former nationality, or two years
children of persons of a particular nationality or in any other foreign country, shall be
race, in any of the branches of education or considered as prima facie evidence of his
industry for a period of 2 years of more; intention of takin up his permanent residence in
the same;
(5) Born in the Philippines
(3) Petition was made on an invalid declaration
Disqualifications (CA 473 Sec 4) of intention;
(4) Minor children of the person naturalized
(1) Persons opposed to organized failed to graduate from the schools mentioned
government or affiliated with groups in Sec 2 through the fault of their parents,
who uphold and teach doctrines either by neglecting to support them or by
opposing al organized governments transferring them to another school or schools;
(2) Persons defending or teaching the (5) If he has allowed himself to be used as a
necessity or propriety of violence, dummy in violation of the Constitutional or
personal assault, or assassination for legal provision requiring the Philippine
the success of their ideas; citizenship as a requisite for the exercise, use or
enjoyment of a right, franchise or privilege.
(3) Polygamists or believers in polygamy;
(4) Persons convicted of crimes involving
moral turpitude;
Naturalization is never final and may be (7) Marriage by a Filipino women to an alien, if
revoked if one commits acts of moral turpitude. by the laws of her husband’s country, she
becomes a citizens thereof.
Dual Citizenship and Dual Allegiance
Dual Citizenship – allows a person who acquires How may citizenship be reacquired?
foreign citizenship to simultaneously enjoy the
(1) Naturalization (CA 63 and CA 473)
rights he previously held as a Filipino citizen.
Dual Allegiance Now an abbreviated process, no need to wait
for 3 years ((1 year for declaration of intent, and
(1) Aliens who are naturalized as 2 years for the judgment to become executory)
Filipinos but remain loyal to their
country of origin Requirements:
(2) Public officers who, while serving
the government, seek citizenship in (1) Be 21 years of age
another country (2) Be a resident for 6 months
“Dual Citizens” are disqualified from running (3) Have good moral character
for any elective local position.
(4) Have no disqualification

Once a candidate files his candidacy, he is (2) Repatriation

deemed to have denounced his foreign Repatriation results in the recovery of the
citizenship in case of dual citizenship. original nationality. Therefore, if he is a natural-
Loss and Reacquisition of Filipino Citizenship born citizen before he lost his citizenship, he
will be restored to his former status as a
Grounds for loss of Citizenship natural-born Filipino. (See Bengzon III v.
(1) Naturalization in a foreign country (CA 63 HRET(2001))
Sec 1(1)) Mere filling of certificate of candidacy is not a
(2) Express renunciation or expatriation (CA 63 sufficial act of repatriation. Repatriation
Sec 1(2)) requires an express and equivocal act. (Frivaldo
v. COMELEC (1989))
(3) Taking an oath of allegiance to another
country upon reaching the age of majority; In the absence of any official action or approval
by proper authorities, a mere application for
(4) Accepting a commission and serving in the repatriation does not, and cannot, amount to
armed forces of another country, unless there is an automatic reacquisition of the applicant’s
an offensive/defensive pact with the country, or Philippine citizenship. (See Labo v. COMELEC
it maintains armed forces in RP with RP’s (1989))
consent;
(3) Legislative Act
(5) Denaturalization;
Both a mode of acquiring and reacquiring
(6) Being found by final judgment to be a citizenship
deserter of the AFP;
RA 9225 (Citizenship Retention and Re-
Acquisition Act of 2003)
Sec 3. Retention of Philippine Citizenship – Any the Republic of the Philippines and its duly
provision of law to the contrary constituted authorities prior to their
notwithstanding, natural-born citizens of the assumption of office; provided, that they
Philippines who have lost their Philippine renounce their oath of allegiance to the country
citizenship by reason of their naturalization as where they took that oath;
citizens of a foreign country are hereby deemed
(4) Those intending to practice their profession
to have re-acquired Philippine citizenship upon
in the Philippines shall apply with the proper
taking the following oath of allegiance to the
authority for a license of permit to engage in
Republic.
such practice; and
Natural-born citizens of the Philippines who,
(5) That right to vote or to be elected or
after the effectivity of this Act, become citizens
appointed to any public office in the Philippines
of a foreign country shall retain their Philippine
cannot be exercised by or extended to, those
citizenship upon taking the aforesaid oath.
who:
Sec 4. Derivative Citizenship – The unmarried
(a) Are candidates for or are accepting any
child, whether legitimate, illegitimate, or
public office in the country of which they are
adopted, below eighteen (18) years of age, of
naturalized citizens; and/or
those who re-acquire Philippine citizenship
upon effectivity of this Act shall be deemed (b) Are in active service as commissioned or
citizens of the Philippines. non-commissioned officers in the armed forces
of the country which they are naturalized
Sec 5. Civil and Political Rights and Liabilities –
citizens
Those who retain or re-acquire Philippine
citizenship under this Act shall enjoy full civil Natural-Born Citizens and Public Office
and political rights and be subject to all
attendant liabilities and responsibilities under Natural-Born
existing laws of the Philippines and the (1) Citizens of the Philippines from birth without
following conditions: having to perform any act to acquire or perfect
(1) Those intending to exercise their right of their Philippine citizenship; and
suffrage must meet the requirements under Art (2) Those who elect Philippine citizenship in
V Sec 1 of the Constitution, RA 9189, otherwise accordance with Art IV Sec 1(3)
known as “The Oversees Absentee Voting Act of
2002” and other existing laws; The term “natural-born citizens” is defined to
include “those who are citizens of the
(2) Those seeking elective public office in the Philippines from birth without having to
Philippines shall meet the qualifications for perform any act to acquire or perfect their
holding such public office as required by the Philippine citizenship.” (Tecson v COMELEC)
Constitution and existing laws and, at the time
of the filing of the certificate of candidacy, Who must be natural-born?
make a personal and sworn renunciation of any (1) President (Art VII Sec 2)
and all foreign citizenship before any public
officer authorized to administer an oath; (2) Vice-President (Art VII Sec 3)

(3) Those appointed to any public office shall (3) Members of the Congress (Art VI Sec 3 and
subscribe and swear to an oath of allegiance to 6)
(4) Justices of SC and lower collegiate courts Art V Sec 1 1987 Constitution – Suffrage may be
(Art VIII Sec 7(1)) exercised by all citizens of the Philippines not
otherwise disqualified by law, who are at least
(5) Ombudsman and his deputies (Art XI Sec 8) eighteen years of age, and who shall have resided in
the Philippine for at least one year and in the place
(6) Members of the Constitutional Commissions wherein they propose to vote for at least six months
immediately preceding the election. No literacy,
(7) CSC (Art IX-B Sec 1(1)) property, or other substantive requirement shall be
imposed on the exercise of suffrage.
(8) COMELEC (Art IX-C Sec 1)
Art V Sec 2 1987 Constitution – The Congress shall
(9) COA (Art IX-D Sec 1(1))
provide a system for securing the secrecy and
(10) Members of the central monetary sanctity of the ballot as well as system for absentee
voting by qualified Filipinos abroad.
authority (Art XIII Sec 17(2))
The Congress shall also design a procedure for the
SUFFRAGE disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall be
allowed to vote under existing laws and such rues as
Suffrage is the political right of qualified citizens to the Commission on Elections may promulgate to
vote in an election for national and local officers of protect the secrecy of the ballot.
the government in the decision of public questions
submitted to the people
1. To be qualified to vote, one must be
✓ A citizen of the Philippines
✓ Not otherwise disqualified by law
✓ At least 18 years of age; and
✓ Has resided in the Philippines for at
least 1 year and in the place wherein he proposes to
vote at least 6 months preceding the election
2. Persons disqualified by law to vote are:
✓ Any person having been sentenced by
final judgment to suffer imprisonment for
not less than 1 year, such disability not
having been removed by plenary pardon or
granted amnesty
✓ Any person adjudged by final judgment
by a competition court or tribunal for
having committed any crime involving
disloyalty to the duly constituted
government (crimes against national
security)
✓ Insane or incompetent persons as
declared by competent authority
3. The right of suffrage includes:
✓ Election of public officers
✓ Plebiscite
✓ Referendum
✓ Initiative
✓ Recall