2. Sovereignty

Theory of Popular Sovereignty

The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

What are the modes of acquiring territory?

The traditionally listed modes are occupation, accession or accretion, cession, prescription, and conquest. Occupation and accession or accretion are original modes; cession and prescription are derivative modes. Conquest is historical, not a lawful mode of acquiring territory under modern international law.

• Occupation - refers not to mere discovery, but to effective exercise of sovereignty over a territory which is terra nullius (i.e., not subject to the sovereignty of any other state). It is the acquisition of territory that is terra nullius by any State which has the intention to claim sovereignty and occupies that territory by exercising effective and continued control.
• Accession or accretion - the natural process of land formation resulting in the increase of territory.
• Cession - the transfer of territory from one state to another by treaty (derivative). It is the only bilateral mode of acquiring territorial sovereignty.
• Prescription - title is acquired by continuous and undisturbed exercise of sovereignty over a period of time.
• Conquest - the taking of a territory of another sovereign by force of arms. Conquest is a historical mode, not a lawful mode of acquiring territory under modern international law: the threat or use of force is prohibited, and territorial acquisition resulting from aggression is not recognized as lawful. [See UN Charter, Art. 2(4); Definition of Aggression, UN GA Res. 3314 (XXIX) (1974), Art. 5(3)]

Direct

Expropriation is a sovereign right of every State and is thus not inherently illegal under international law. A broad definition is suggested, whereby Expropriation is commonly understood to refer, in general terms, to unilateral interference by the State with an owner's property or comparable rights. (Akehurst, Modern Introduction to International Law, 2019)

“shall be based on grounds or reasons of public utility, security or the national inters which are recognized as overriding purely individual or private interests, both domestic and foreign. In such cases the owner shall be paid appropriate compensation in accordance with the rules in force in the state taking such measures in the exercise of its sovereignty and in accordance with international law (1962 UN General Assembly Resolution on the Sovereignty over Natural Resources)

What are the doctrines on Recognition of de facto governments?

• Wilson/Tobar Doctrine - Also known as “Doctrine of Legitimacy” or “Policy of Democratic Legitimacy.” Holds that governments which came into power by extra-constitutional means [e.g. revolution, civil war, coup d’etat or other forms of internal violence] should not be recognized, at least until the change had been accepted by the people. [After US President Wilson, 1913 and Ecuadorian FM Tobar (1907)]
• Stimson Doctrine - Doctrine of not recognizing any situation, treaty or agreement brought about by non- legal means. Calls for nonrecognition of territorial acquisitions or situations created through aggression in violation of international obligations. [After US Sec. of State Henry Stimson (1932)]
• Estrada Doctrine - States should refrain from recognizing governments, as such are superfluous. Change in government does not affect the change in status of a state. A State refrains from formally judging a new government's legitimacy through recognition; it may maintain or withdraw diplomatic relations without such a pronouncement. Posits that dealing or not dealing with the government established through a political upheaval is not a judgment on the legitimacy of the said government. [After Mexican Minister Genaro Estrada (1930)] [SHAW]
• Sovereignty v. Independence - Sovereignty and Independence are different. Sovereignty refers to the supreme and uncontrollable power inherent in the state by which the State is governed. Independence refers to the power of a State to manage its external affairs without direction or interference from another state.
• Principle of Auto-Limitation - The concept of sovereignty as auto- limitation is the property of State-force due to which it has the exclusive capacity of legal self-determination and self- restriction. (People v. Gozo, G.R. No. L- 36409, October 26, 1973, citing Jellinek). Any State may, by its consent, express or implied, submit to a restriction of its sovereign rights. (People v. Gozo, G.R. No. L-36409, October 26, 1973)