Sovereignty and Government Flashcards
Which of the following statements is not true regarding the concept of sovereignty?
It is the power of a state to issue commands and orders and impose obedience upon its people.
It is the power of a state over its own domestic affairs without any undue interference.
It is the power of a state to direct its relations with other states.
It is the power of a state to enforce its independence and autonomy notwithstanding its obligations under international law.
Which among the following does not support the Doctrine of Non-suability of State?
A state is immune from suit because otherwise, it will cause loss of governmental efficiency and pose obstacles to the performance of its multifarious functions.
A state is immune from suit because there can be no legal right as against the authority that makes the law on which the right depends.
A state is immune from suit because all states are sovereign equals and cannot assert jurisdiction over one another.
A state is immune from suit because of its propensity to be biased in the decision of cases it is a party to.
A state is immune from suit because of its propensity to be biased in the decision of cases it is a party to.
Why can’t a state be sued before the courts of another?
A state is immune from suit because they are sovereign equals.
A state is immune from suit because there can be no legal right as against the authority that makes the law on which the right depends.
A state is immune from suit because otherwise, it will cause loss of governmental efficiency and pose obstacles to the performance of its multifarious functions.
A state is immune from suit because of its propensity to be biased in the decision of cases it is a party to.
A state is immune from suit because they are sovereign equals.
When a public official or an incorporated government agency is impleaded as a defendant in a suit, when is said suit considered to be a suit against the state?
When the complaint filed against the public official or agency provides a material averment that said suit is one against the state.
When the suit requires representation from the Office of the Solicitor General.
When a decision adverse to the defendant requires an appropriation of funds to satisfy the judgment.
When the public official or agency is sued for acts ultra vires.
When a decision adverse to the defendant requires an appropriation of funds to satisfy the judgment.
Which suit may be barred by the Doctrine of Non-suability of State?
A suit against TESDA arising from a Contact for the provision of goods and services in the printing and encoding of PVC cards.
A suit against the Department of Education for damages arising out of unfortunate conditions which public school students are placed in.
A suit against the City of Cebu for breach of contract.
A suit against the University of the Philippines.
A suit against the Department of Education for damages arising out of unfortunate conditions which public school students are placed in.
Which of the following statements is true?
An incorporated government agency may be sued when its functions are primarily proprietary.
A suit against a government agency must not prosper as it is effectively a suit against the state.
Incorporated government agencies who are performing primarily governmental functions may not be sued.
An unincorporated government agency performing functions which are primarily governmental may not be sued.
An unincorporated government agency performing functions which are primarily governmental may not be sued.
The following acts of a public official are beyond the mantle of protection afforded by the Doctrine of Non-suability of State, except:
Negligent acts
Acts Ultra Vires
Acts done in Personal Capacity
Unconstitutional Acts
Negligent acts
The following are instances when a public official may be sued even without the consent of the state, except:
When a suit is filed to compel him to do an act required by law
When a suit is filed to restrain him from enforcing an act claimed to be unconstitutional
When a suit is filed to compel the payment of damages from an already appropriated assurance fund
When a suit is filed to recover damages arising out of a public official’s negligence
When a suit is filed to recover damages arising out of a public official’s negligence
In the case of Merritt vs. Government of the Philippine Islands, why did the suit filed against the state prosper?
Because the state entered into a contract jure gestionis.
Because of an express consent by the State through a general law.
Because the government agency involved was engaged in functions which are primarily proprietary.
Because of an express consent by the State through a special law.
Because of an express consent by the State through a special law.
Why can the state be sued for money claims?
Because the state entered into a contract jure gestionis.
Because of an express consent by the State through a special law.
Because the government agency involved was engaged in functions which are primarily proprietary.
Because of an express consent by the State through a general law.
Because of an express consent by the State through a general law.
In which instance may a suit against the state be barred?
When the state commences an action for the recovery of damages against a private corporation arising out of contract.
When the state is being sued prescinding from a contract for the provision of restaurant and barbershop.
When the state is being sued prescinding from a contract for the repair of wharves.
When the state, as the defendant in a case, files for a counterclaim.
When the state is being sued prescinding from a contract for the repair of wharves.
The following statements are true, except:
The test of suability is consent given by the state; the test of liability is an appreciation of the facts and applicable law.
When a state is found to be liable, a mandamus may be filed to compel performance of court judgment.
Primarily, the execution of an adverse judgment against the state is mechanized through appropriation of funds.
The state’s consent to be sued does not automatically mean that it is liable.
When a state is found to be liable, a mandamus may be filed to compel performance of court judgment.
Which of the following is not a de facto government?
One which is established and maintained by military forces who invade and occupy a territory of the enemy state, and which is denominated as a government of paramount force.
One which gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal government and maintains itself against the will of the latter.
One which is established as an independent government by the inhabitants of a country who rise insurrection against the parent state.
One which has the legal title or legal right, although it may not be performing in the meantime, or exercising the acts of sovereignty, either because it has been withdrawn from it or it has not yet actually entered into the exercise thereof.
One which has the legal title or legal right, although it may not be performing in the meantime, or exercising the acts of sovereignty, either because it has been withdrawn from it or it has not yet actually entered into the exercise thereof.
Which among the following is not a constituent function of the government?
Promotion of charitable works
Transmission of property rights
Maintenance of public peace and order
Administration of justice
Promotion of charitable works
