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Guide Questions Module 2 - Part 1

The document discusses Philippine national territory and state immunity under constitutional law. It covers topics like the extent of Philippine territory, the archipelagic doctrine, innocent passage, and various court cases related to national territory and the ability of states and government agencies to be sued.

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27 views1 page

Guide Questions Module 2 - Part 1

The document discusses Philippine national territory and state immunity under constitutional law. It covers topics like the extent of Philippine territory, the archipelagic doctrine, innocent passage, and various court cases related to national territory and the ability of states and government agencies to be sued.

Uploaded by

pomyles15
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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CONSTITUTIONAL LAW 1(First Part of Module 2)

Guide Questions: Aside from the standard guide in case analysis/digesting.

National Territory

1) What is the extent of the Philippine territory under the 1987 Constitution? (refer to the two short
videos posted last week, just scroll up)
2) What is the new Baselines law? How is it relevant to us?
3) What is meant by the archipelagic doctrine?

4) Does the new baselines law reduce the extent of the Philippine territory when it defines our
archipelagic baselines (that exclude Scarborough Shoal and the Kalayaan Island) and, therefore,
violate the 1987 Constitution?

5) Is Scarborough Shoal and the Kalayaan Islands not within the territory of the Philippines
considering that these are outside the archipelagic baselines? What is the basis of our claim over
Scarborough Shoal and the Kalayaan Islands?

6) What is meant by innocent passage?

7) What is considered internal waters of the Philippines?

8) In the case of Magallona, how did the Court resolve the issue that UNCLOs accordingly violate the
sovereignty of the Philippines as it allows innocent passage within our internal waters?

9) Why did the Philippines file a case before the International Arbitration Tribunal against China over
the Spratly Group of Island? What are our claims and our grounds? (refer to the Opening
Statement of DFA Sec Del Rosario)

10) How was the case decided? (just summary). Does the case resolve with finality who rightfully owns
Spratly Group of Islands? Explain.

State Immunity

1. What are the legal and practical bases of the general rule that the State cannot be sued
without its consent? (Villasor case)

2. How do you determine if a suit is made against the State and not on its officials personally?
(Tan case)

3. What is the rule in case a suit is made against Incorporated and Unincorporated agencies of
the Govt.? How about against an LGU? (Judge Firme)

4. Can a suit prosper involving a State to State commercial contract? (China case)

5. What are the exceptions to the rule that a State cannot be sued without its consent?
(Guinto, Vinzon, Ruiz, PCCG, Amigable cases)

6. Can public funds be garnished as a rule? Why? What is the effect if we allow the
garnishment of public funds as a rule? (UP, Department of Agriculture cases)

7. When can it be garnished as an exception to the rule?

8. What is meant the phrase that “suability does not mean liability”.

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