Professional Documents
Culture Documents
2.
Definition of Sovereignty
Cruz & Cruz, p. 43
Ans: Political laws of the former sovereign, whether compatible or not with those of
the new sovereign, are automatically abrogated, unless they are expressly reenacted by the affirmative act of the new sovereign.
8.
Ans: Is the supreme and uncontrollable power inherent in a State by which that state
is governed.
N.B. The above outline will just complete the discussion on Sovereignty as one of the four
elements of a State. This will not be covered by the quiz nor recitation.
Kinds of Sovereignty
a.
b.
Legal is the authority which has the power to issue final commands.
Political is the power behind legal sovereign, or the sum of the influences that
operate upon it.
Cruz & Cruz, p. 43
1.
3.
Manifestations of Sovereignty
Ans: Yes. Because:
a.
External power of the state to direct its relations with other states, is also
known as independence.
b. Internal (personal) power of the state to control its domestic affairs.
c. Extra-territorial
Cruz & Cruz, p. 43
4.
(a) Indiscriminate suits against the State will result in the impairment of its
dignity.
(b) Demands and inconveniences of litigation will divert the time and resources
of the State from the more pressing matters demanding its attention.
Attributes of Sovereignty
6.
Ans:
(b) The doctrine 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 depend.
When there is change of sovereignty, political laws of former sovereign are deemed
abrogated.
People vs. Perfecto, supra.
Macariola vs. Asuncion, supra.
Ans: A corollary, both dictated by logic and sound sense from a basic concept is
that public funds cannot be the object of a garnishment proceeding even if the
consent to be sued had been previously granted and the State liability
adjudged.
3.
Ans: A suit is against the State if claims are filed against the officer of the
government who is supposed to discharge the responsibility or grant the
redress demanded.
- That the claim if proved will be a direct liability of the State and not merely of
the officer impleaded.
1.
2.
3.
4.
a.
By Law
b.
Charter of Cities
Ans: Incorporated has a charter of its own.
Charter of GOCCs
c.
By Implied Consent
Ans: When the state commences litigation, it becomes
vulnerable to counterclaim.
Ans: Consent to be sued does not mean admission of liability, as this depends
on evidence presented before the court. Consent to be sued does not include
consent to the execution of judgment against it.
1.
2.
When the State consents to be sued, does that mean it admits liability?
Meritt vs. Government of Philippine Islands, supra.
Fontanilla vs. Maliaman, supra.
Ans: No. The State is merely giving the plaintiff a chance to prove that the
State is liable but the State retains the right to raise all lawful defenses.
7.
ii. When it would be inequitable for the Government to claim
immunity?
In this case, trial court dismissed the case filed against the
Bureau of Plant Industry. How did the SC rule on the dismissal?
Why?
iii.
1.
b.
When the suit against public officials deemed suit against the
State.
a.
ii.
EXEPT:
8.
Torts
LEGEND:
Article
Answer
5.