1. Elements

What are the elements of a State? GSPoT

• Government – the organization through which the State formulates and carries out its will and exercises authority over its population and territory. Government must be organized, exercising control over and capable of maintaining law and order within its territory.
• Sovereignty – the State’s supreme authority within its territory and its independence from external control.
• Permanent Population – The population does not have to be homogeneous racially, ethnically, tribally, religiously, linguistically, or otherwise. But it must be a settled population, although the presence of certain nomadic inhabitants does not matter.
• Defined Territory – State territory is that defined portion of the surface of the globe which is subjected to the sovereignty of the State. (OPPENHEIM) A state must exercise control over certain area. It need not be exactly defined by metes and bounds, so long as there exists a reasonable certainty of identifying it. No minimum land area is required. (Montevideo Convention, art. 1).

What is the principle of state continuity?

The State continues as a juristic being notwithstanding the changes in its circumstances, provided only that such changes do not result in the loss of any of its essential elements.

Locus Standi/Legal Standing

Standing: A party must have a personal and substantial interest in the case and must have suffered, or be at risk of suffering, direct injury from the challenged governmental act. (Francisco v. HOR, G.R. No. 160261, Nov. 10, 2003)

The required interest is a material stake in the issue that the decree will affect, not simply an interest in the question presented or an incidental concern. (Joya v. PCGG, G.R. No. 96541, Aug. 24, 1993)

A plaintiff’s interest must be personal; a wish to assert the constitutional right of a related third party is insufficient. (Id.)

Test: The party must allege a personal stake in the result that ensures concrete opposition between the parties and helps the court resolve difficult constitutional questions. (Id.)

Elements:

• The petitioner has personally suffered an actual or threatened legal, economic, or environmental injury;
• The injury is fairly traceable to the challenged action; and
• A favorable ruling is likely to remedy the injury. (TELEBAP v. COMELEC, G.R. No. 132922, April 21, 1998)

Requirements for third-party standing (jus tertii):

• The litigant has suffered an actual injury that gives the litigant a sufficiently concrete interest in the disputed issue;
• The litigant has a close relationship with the third party; and
• An obstacle prevents the third party from protecting his or her own interests. (White Light v. City of Manila, G.R. No. 122846, Jan. 20, 2009)

Qualifying and Aggravating Circumstances Must be Alleged

The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it. (ROC, Rule 110, § 8)

Since the qualifying circumstance of “common law spouse” was not alleged in the Information for rape against appellant, he could not be convicted of rape in the qualified form as he was not properly informed of the nature and cause of accusation against him. In a criminal prosecution, it is a fundamental rule that every element of the crime charged must be alleged in the complaint or information. (People v. Begino, G.R. No. 181246, March 20, 2009)