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No. The petition for issuance of a

Writ of Kalikasan will not prosper.
PART 7. The Doctrine of State Immunity
Midterm Exam applies. In the cases of US v. Guinto, US v.
Ruiz, and Holy See v. Rosario, the Court
I. ESSAY held that the doctrine of state immunity
1. The United States and Philippines is not only limited to local states but also
executed a Visiting Forces Agreement extends to foreign states and
(VFA). Among its provisions, it is international agencies. Insofar as the local
provided that “For claims against the state is concerned we have learned that
United States, other than contractual the doctrine of state immunity is nothing
claims and those to which paragraph 1 more and nothing less than the
applies, the United States Government, in recognition of the sovereignty. But when
accordance with United States law it comes to foreign states and
regarding foreign claims, will pay just and international agencies, the doctrine of
reasonable compensation in settlement of state immunity is based on the generally
meritorious claims for damage, loss, accepted principle of international law
personal injury or death, caused by the par in parem non habet imperium.
acts or omissions of United States Further, in the case of Arigo v.
personnel, or otherwise incident to the Swift, the Court ruled that the waiver of
non-combat activities of the United States State immunity under the VFA pertains
forces.” only to criminal jurisdiction and not to
The USS Guardian is an special civil actions such as the present
Avenger-class mine countermeasures petition for issuance of a writ of
ship of the US Navy. In December 2012, Kalikasan. In fact, it can be inferred from
the US Embassy in the Philippines Section 17, Rule 7 of the Rules that a
requested diplomatic clearance for the criminal case against a person charged
said vessel "to enter and exit the with a violation of an environmental law is
territorial waters of the Philippines and to be filed separately.
to arrive at the port of Subic Bay for the
purpose of routine ship replenishment, 2. Culling of hogs and swines within 1
maintenance, and crew liberty." On kilometer radius from ground zero or
January 6, 2013, the ship left Sasebo, the area where the virus is detected. A
Japan for Subic Bay, arriving on January group of hog raisers questioned the
13, 2013 after a brief stop for fuel in governmental act because the culling
Okinawa, Japan. On January 17, 2013 at should only apply to those affected. The
2:20 a.m. while transiting the Sulu Sea, killing of pigs which are not affected by
the ship ran aground on the northwest the virus constitutes taking in eminent
side of South Shoal of the Tubbataha domain as such payment of P1,000 or
Reefs, about 80 miles east-southeast of P3,000 does not constitute just
Palawan. compensation. Do you agree?
Petitioners claim that the No. In the case of City Government
grounding, salvaging and post-salvaging of Quezon City v. Ericta the Court ruled
operations of the USS Guardian cause that taking could either be in the concept
and continue to cause environmental of eminent domain or in police power. In
damage of such magnitude as to affect eminent domain, the property taken is
the provinces of Palawan, Antique, wholesome and the objective is for public
Aklan, Guimaras, Iloilo, Negros use and accordingly there must be
Occidental, Negros Oriental, Zamboanga payment of just compensation. In police
del Norte, Basilan, Sulu, and Tawi-Tawi, power, on the other hand, the property
which events violate their constitutional taken is noxious or intended for noxious
rights to a balanced and healthful purposes and the object of taking is for
ecology. Thus, they filed a petition for destruction or condemnation. Injurious
issuance of a Writ of Kalikasan. Will the property is not only limited to property
petition prosper? inherently harmful like shabu but may

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extend to properties which are harmful 5. President Duterte vetoed the

under specific circumstances. While the Anti-Palo Bill that prohibits the beating
unaffected hogs are not per se injurious, children and other physical forms of
under the circumstances they become punishment to discipline them in public.
harmful because of the threat that they President Duterte vetoed the Bill on the
may be a carrier of the virus. The only ground that it encroaches or
way to contain the virus is to eliminate all transgresses the proper boundaries of
possible carriers of the virus. In that state intervention. Do you agree that the
regard they are considered noxious. The Anti-Palo Bill already unduly interferes
government extends assistance not as with the privilege of the parents in
legal but a moral obligation. rearing their children?
No. Under Sec. 12 of Art. 2, the
3. Rice Tariffication Act was enacted. A constitution provides for the natural and
group of local farmers complained that primary right and duty of parents in the
they cannot compete with the imported rearing of the youth for civic efficiency
rice. According to the petitioner, the and the development of moral character.
Rice Tariffication Act violates the policy Primary is not equivalent to exclusive but
of independent and self-reliant national only means that as between the
policy. Decide. government and parents, the latter
In the case of Tanada v. Angara the prevails but it does not preclude the
Court ruled that the constitutional policy government from exercising its authority
of a "self-reliant and independent national in order to ensure that children are being
economy" does not necessarily rule out taken care of. More importantly the
the entry of foreign investments, goods inclusion of the word “duty”, it authorizes
and services. It contemplates neither the government to act as parens patriae
"economic seclusion" nor "mendicancy in in order to ensure that the parents are
the international community." performing their responsibility of rearing
The policy does not call for their children.
shutting off the doors of the Philippine
markets to foreign goods and services but 6. The Congress wants to call a ConCon
it encourages competition. What is but they want to limit the authority of
prohibited by the constitution is unjust the ConCon to propose changes only to
foreign trade. Art. 12. Congress is asking your opinion
if they can call a Convention and impose
4. La Union enacted an Ordinance that limitations on its authority.
mandates that during Angelus in public The Congress cannot do that. In
places all individuals outside their home the case of Gonzales v. COMELEC, the
should observe it and so the vehicles Court ruled that in calling ConCon, the
should stop. The DILG noted that after Congress is not acting as a legislative
the implementation of the Ordinance body and as such is not discharging
crime rate decreased. DILG wants to general legislative power. The Congress
adopt the Ordinance. DILG is asking acts as a constituent assembly
your opinion whether they can require discharging constituent power. The
LGUs to adopt the same ordinance. constituent power of the Congress should
DILG cannot require LGUs to only be limited to those specifically
adopt the said Ordinance because it provided for under the Constitution.
violates the constitutional principle of However, this was qualified in the case of
separation of church and state. To require Imbong v. COMELEC which states that the
LGUs to adopt the same principle constituent power to directly propose or
constitutes sponsorship of religion which call ConCon also includes those which are
is prohibited by the constitution because necessarily implied by the given power.
those who do not share the same The Constitution only authorizes the
religious belief are compelled to observe Congress to call ConCon which does not
the religious practice and will be include the authority to impose
imprisoned and fined if not observed. limitations on the power of the

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Convention. In the case of Occena v. a system of belief may be considered as a

COMELEC it was provided that the religion, to wit: (1) belief in God or at least
ConCon can propose anything or include some parallel belief that occupies a
nothing. central place in the believers life, (2) it
must involve a moral code transcending
7. Speaker Cayetano proposed a 60-40 individual belief, (3) there must be a
joint venture agreement for the demonstrable sincerity, and (4) there
exploration of the natural resources in must be some associational ties
the disputed areas in order to avert the
conflict between the Philippines and 4. The two-pronged test for an ordinance
China despite the favorable award of the passed by the LGU to be considered as a
PCA. Is the 60-40 arrangement allowed valid police power measure.
by the Constitution? In the case of Mosqueda v. Pilipino
Yes. While the sovereignty is Banana, the Court enumerated the
permanent, exclusive, comprehensive, two-pronged test, to wit: [a] the formal
absolute, indivisible, inalienable, and (i.e., whether the ordinance is enacted
imprescriptible, the doctrine of within the corporate powers of the local
auto-limitation of sovereignty allows the government unit, and whether it is passed
state to impose such limitation on the in accordance with the procedure
otherwise unlimited power. prescribed by law); and [b] the substantive
Art 12 of the Constitution also (i.e., involving inherent merit, like the
allows joint venture arrangements. It conformity of the ordinance with the
should be noted that joint venture limitations under the Constitution and
arrangement is an entity itself so if 2 or the statutes, as well as with the
more persons or corporations agree to requirements of fairness and reason, and
joint venture they can form another entity its consistency with public policy)
that will undertake the activity of the
venture. Similarly, foreign states can enter 5. 2 sources of generally accepted
into a joint venture arrangement. Since it principles of international law
is a 60-40 arrangement, it is a Filipino (1) international custom as
corporation or entity. evidence of a general practice accepted as
*NOTE: the question is asked from the law, (2) general principles of law
context of sovereignty. recognized by civilized nations.

II. IDENTIFICATION III. STATE THE KIND OF WALL OF

1. Requisites of precautionary principle SEPARATION. IF THE WALL OF
The precautionary principle shall ACCOMMODATION IS APPLIED SPECIFY
only be relevant if there is concurrence of WHETHER IT IS PERMISSIVE OR
three elements, namely: uncertainty, MANDATORY.
threat of environmental damage and 1. All Filipino citizens are required to
serious or irreversible harm (Mosqueda v. render personal military or civil service
Pilipino Banana) in defense of state - Strict neutrality

2. The American theory to the effect 2. Exempting Muslim members of the

that, in the event of conflict between a AFP from participating in the regular
treaty and a statute, the one which is the exercises during the period of Ramadan
latest in point of time shall prevail while they are on fasting - Permissive
Lex posterior derogat priori benevolent neutrality
(Gonzales v. Hechanova)
3. Disqualifying clergies and religious
3. A system of belief may be considered ministers to run for any elective position
as a religion as long as four elements are in the government - Strict separation
present which are?
In the case of Estrada v. Escritor, 4. Allowing police officers who are Sihks
the Court enumerated the 4 elements for to wear turbans instead of the headgear

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of police officers - Mandatory benevolent c. National territory is only

neutrality coextensive with Philippine
archipelago
IV. MULTIPLE CHOICE d. Philippine archipelago is a national
1. In pursuing an independent foreign territory
policy, the Philippines should give
paramount consideration to: 6. The TRAIN law may be applied up to:
a. National interest a. Territorial sea
b. Territorial sovereignty b. Contiguous zone
c. National patrimony c. EEZ
d. National independence d. Continental shelf

2. A municipal corporation may be held 7. Upon the cessation of belligerent

liable when: occupation
a. Its charter allows it to sue and be a. All acts of belligerent government
sued are abrogated
b. Initiates litigation b. Municipal laws of the rightful
c. Acts through a special agent legal government repealed by the
d. Performs governmental function belligerent government are
automatically reinstated
3. One of the principles why the US c. Decisions promulgated by the
Supreme Court in Obergefell v. Hodges court of the belligerent
considered marriage as a fundamental government in interpreting or
right and should be extended to same applying political laws of the
sex couples: belligerent government are ipso
a. Same sex couples have a right to jure abrogated
enjoy intimate association d. Political laws enacted by the
b. Right to marry is an inherent belligerent government are
natural right suspended subject to the revival
c. Individuals have absolute under the doctrine of jus
autonomy in making personal postliminium
choices
d. Marriage is a sacred union

4. This is a reasonable regulation that

may be imposed by custodians for
information imbued with public interest
in light of the policy of public disclosure:
a. Disclosure of specific purpose
b. Letter request signed by the Dean
stating the students are
conducting research
c. Sworn undertaking not to use the
information for any legal action
d. Certificate of live birth of the
person requesting the information

5. Which is the most accurate statement

a. The national territory is the
Philippine archipelago
b. Foreign embassies in the
Philippines are not included in
the national territory

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