POL REV Doctrines.doc

1

Political law and Public International law

POLITICAL LAW DOCTRINES POLITICAL AND CONSTITUTIONAL LAW

PUBLIC INTERNATIONAL LAW

Archipelago Doctrine Doctrine of Constitutional Supremacy Doctrine of Judicial Supremacy Doctrine of Ripeness for Judicial Review Doctrine of Parens Patriae Doctrine of Proper Submission Doctrine of Separation of Powers Doctrine of Separation of Church and State Doctrine of State Continuity Act of State Doctrine Doctrine of State Immunity Doctrine of Restrictive Sovereign Immunity Doctrine of Executive Immunity Doctrine of Sovereign Equality of States Political Question Doctrine Doctrine of Inappropriate Provision Doctrine of Augmentation Stewardship Doctrine Doctrine of Fair Comment Enrolled Bill Doctrine Regalian Doctrine Miranda Doctrine Symbiotic Relation Doctrine Doctrine of Indelible Allegiance Doctrine of Implied Election Doctrine of Fruit of Poisonous Tree Plain View Doctrine Doctrine of Supervening Event Overbreadth Doctrine

Doctrine of Incorporation Doctrine of Transformation Doctrine of Qualified Immunity Doctrine of Hot Pursuit Doctrine of Unequal Treaties Doctrine of Jus Cogens Doctrine of State Responsibility Doctrine of Effective Nationality Pacta Sunt Servanda Rebus Sic Stantibus Pacta Tertiis Doctrine of Immemorial Prescription Monroe Doctrine Asiatic Monroe Doctrine Balance of Power Doctrine Truman Doctrine Hinterland Doctrine Wilson or Tobar Doctrine Stimson Doctrine Estrada Doctrine Thalweg Doctrine Middle of the Bridge Doctrine Calvo Doctrine Drago Doctrine Ultimate Destination Doctrine of Infection Doctrine of Ultimate Consumption Doctrine of Continuous voyage Doctrine of Reciprocity Principle of Auto limitation

ELECTION LAW Doctrine of Statistical Improbability

LAW ON PUBLIC CORPORATIONS/ LOCAL GOVERNMENT Doctrine of Implied Municipal Liability

LAW OF PUBLIC OFFICERS Doctrine of Necessary Implication Doctrine of Command Responsibility Luego Doctrine Doctrine of Forgiveness or Condonation Hold- Over Doctrine

ADMINISTRATIVE LAW Doctrine of Res Judicata in Administrative Law Doctrine of Prior Resort or Doctrine of Primary Administrative Jurisdiction Doctrine of Exhaustion of Administrative Remedies Doctrine of Finality of Administrative Action Doctrine of Subordinate Legislation Doctrine of Legislative Approval by Re-Enactment Brandeis Doctrine of Assimilation of Facts Doctrine of Qualified Political Agency or Alter Ego Doctrine

Political law and Public International law

2

 Archipelago Doctrine It emphasizes the unity of land and waters by defining an archipelago either as a group of islands surrounded by waters or a body of waters studded with islands. For this purpose, it requires that baselines be drawn by connecting the appropriate points of the outermost islands to encircle the islands within the archipelago. The waters on the land ward side of the baselines regardless of their breadth or dimensions are internal waters.  Doctrine of Constitutional Supremacy The Constitution is the basic and paramount law of the land to which all other laws must conform and to which all persons, including the highest officials of the land, must defer. No law or act shall be valid if it conflicts with the Constitution.  Doctrine of Judicial Supremacy The power of the judiciary to annul the acts of either the legislative or the executive branches of government, or of both, when not conformable to the fundamental law. (Assn. of Small Landowners v. Secretary of Agrarian Reform, 175 SCRA 343)

 Doctrine of Ripeness for Judicial Review The basic principle of ripeness is that the judicial machinery should be conserved for problems which are real and present and imminent, and should not be squandered on problems which are future, imaginary or remote. An issue is normally ripe for judicial determination when the interests of the plaintiff are, in fact subjected to or imminently threatened with substantial injury (De Leon, Administrative Law, p. 380-381)  Doctrine of Parens Patriae Literally, parent of the people. It refers to the State power to “enforce all charities of a public nature.” It likewise includes the power of the State to provide aid, legal, material, or otherwise to the less fortunate or those whose social status is economically low in a democratic society. (Nolledo, Constitution Annotated, p. 50)

 Doctrine of Proper Submission Plebiscite may be held on the same day of the regular election but only in one plebiscite (Gonzales v. Comelec, 21 SCRA 774)  Doctrine of Separation of Powers The major powers of government are actually distributed by the Constitution among the several departments namely the legislative, executive and the judiciary, and the Constitutional Commissions for their proper exercise. It precludes one branch of the government from exercising or invading the powers of another.  Doctrine of Separation of Church and State Expressed in sec. 6, Art II of the Constitution which states that “The separation of Church and State shall be inviolable” and reinforced by the Non-establishment Clause and Free Exercise Clause contained in sec. 5, Art. III of the Bill of Rights.

Political law and Public International law

3

 Doctrine of State Continuity The State continues as a juristic being notwithstanding changes in its circumstances provided that they do not result in the loss of any of its essential elements.  Act of State Doctrine • In Political Law: It is an act done by the political departments of the government and not subject to judicial review. •

In International Law: It means that every sovereign state is bound to respect the independence of every other state and the courts of one country will not sit in judgment on the acts of the government of another done within its territory.

 Doctrine of State Immunity The State may not be sued without its consent (sec.3, Art. 16, Constitution).  Doctrine of Restrictive Sovereign Immunity When a State enters into a contract, it does not follow that there is an implied consent to sue. It must take into account whether the state entered in jus imperii (sovereign acts) where suit will not lie but not where jus gestionis (proprietary acts) is involved. (US v. Ruiz, 136 SCRA 487)  Doctrine of Executive Immunity Originally founded upon the idea in Medieval England that the “King can do no wrong.” In the Philippine setting, it is the immunity from suit of the incumbent President. In In Re: Saturnino Bermudez (145 SCRA 10), it was ruled that “incumbent Presidents are immune from suit or from being brought to court during the period of their incumbency and tenure” but not beyond.  Doctrine of Sovereign Equality of States An equal cannot exercise jurisdiction against another equal for it will unduly vex the peace of nations, in violation of the maxim “par in parem non habet imperium.” (Syquia v. Almeda-Lopez, 84 Phils. 312)  Political Question Doctrine Refers to those questions which under the Constitution: (1) are to be decided by the people in their sovereign capacity, (2) or in regard to which full discretionary authority has been delegated to the Legislative or Executive branch of government. It is concerned with issues dependent upon the wisdom, not legality of a particular measure. (Estrada v. GMA, GR. No.146710-15)  Doctrine of Inappropriate Provision Any provision which does not relate to any particular item, or which extends in its operation beyond an item of appropriation is considered an “inappropriate provision” which can be vetoed separately from an item. Also to be included in the category of “inappropriate provisions” are unconstitutional provisions and provisions which are intended to amend other laws because clearly, these kind of laws have no place in an appropriation law. [Philconsa v. Enriquez 235 SCRA 507 (1994)]

Political law and Public International law

4

 Doctrine of Augmentation A prohibition against transfer of appropriations (see sec. 25, Art. VI Constitution). However, the President; Senate President; Speaker of the House; Chief Justice; and Heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations. (Garcia, Pre-Week Memory Aid, p.42)  Stewardship Doctrine Private property is supposed to be held by the individual only as a trustee for the people who are its real owners.  Doctrine of Fair Comment Fair commentaries on matters of public interest are privileged and constitute a valid defense in an action for libel or slander. It means that while in general, every discreditable imputation publicly made is deemed false, because every man is presumed innocent until his guilt is judicially proved, and every false imputation is deemed malicious, nevertheless, when the discreditable imputation is directed against a public person in his public capacity, it is not necessarily actionable unless it be false allegations of fact or comment based on a false supposition. If the comment is an expression of opinion, based on facts, then it is immaterial that the opinion happens to be mistaken as long as it might reasonably be inferred from the facts. (Borjal v. CA, 501 SCRA 1)  Enrolled Bill Doctrine* The enrolled bill is conclusive upon the courts not only as regards the provisions thereof but also its due enactment in observance of the principle of separation of powers. *ENROLLED BILL, defined: one which has been duly introduced, finally passed by both houses of Congress, signed by the proper offices of each, approved by the President and filed by the Secretary of the State.

 Regalian Doctrine In public law, a distinction is made between imperium and dominium. Imperium is the government authority possessed by the State expressed in the concept of sovereignty. Dominium is the capacity of the State to own or acquire property. Dominium, which was the foundation for the early Spanish decrees embracing the feudal theory of jura regalia that all lands were held from the Crown, is also the foundation of the first sentence of section 2. As adopted in a republican system, however, the medieval concept of jura regalia has been stripped of regalian overtones; ownership is vested in the State, not in the head of State—be he President or Prime Minister. (Bernas Reviewer citing Lee Hong Kok v. David, 48 SCRA 372,377) Art. XII, sec. 2 of the Constitution states: “All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. ”

Political law and Public International law

5

 Miranda Doctrine Rights available during custodial investigation or in-custody interrogation of an accused person, which has been defined as any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. The rule begins to operate as soon as the investigation ceases to be a general inquiry into an unsolved crime and direction is then aimed upon a particular suspect who has been taken into custody and to whom the police would then direct interrogatory questions which tend to elicit incriminating statements. RIGHTS AVAILABLE under the MIRANDA DOCTRINE: (1) The right to remain silent (2) The right to a competent and independent counsel preferably of his own choice at all stages of the investigation. (3) The right to be informed of such rights. These rights cannot be waived except in writing and signed by the person in the presence of his counsel. (4) No torture, force, violence, threat, intimidation, or any other means which vitiates the free will shall be used against him. (5) Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (6) Any confession or admission obtained in violation of this or section 17 hereof shall be inadmissible in evidence against him. (7) The law shall provide for penal and civil sanctions for violations of this section, as well as compensation to and rehabilitation of victims of torture or similar practices, as well as their families.” (see sec. 12, Art. III, 1987 Constitution)

 Symbiotic Relation Doctrine The importance of taxation is due to the unavoidable obligation of the government to protect the people and extend them benefits in the form of public projects and services, and in return, the citizens have the reciprocal duty of sharing the expenses to be incurred in carrying such obligation through the payment of taxes.  Doctrine of Indelible Allegiance An individual may be compelled to retain his original nationality even if he has already renounced or forfeited it under the laws of the second state whose nationality he has acquired.  Doctrine of Implied Election The exercise of the right of suffrage and participation in election exercise constitute a positive act of election of Philippine citizenship. (In re: Florencio Mallari & Co v. HRET, 199 SCRA 692)

 Doctrine of Fruit of a Poisonous Tree Once the primary source (tree) is shown to have been unlawfully obtained, any secondary or derivative evidence (fruit) derived from it is also inadmissible. The rule is based on the principle that evidence illegally obtained by the state should not be used to gain other evidence, because the originally illegally obtained evidence taints all evidence subsequently obtained.

Political law and Public International law

6

 Plain view doctrine Objects falling in plain view of an officer who has a right to be in the position to have that view are subject to seizure even without search warrant and such objects may be introduced in evidence.  Doctrine of Supervening Event The accused may be prosecuted for another offense if a subsequent development changes the character of the first indictment under which he may already have been charged or convicted.  Overbreadth Doctrine Even though the government’s purposes are legitimate and substantial, they cannot be pursued by means that broadly stiffle fundamental personal liberties, when the end can be more narrowly achieved. (ABS-CBN v. Comelec, 323 SCRA 811; Lectures of Atty. Sandoval, SSC-R Law, Bar Review Center)

--ELECTION LAW- Doctrine of Statistical Improbability a.k.a. Lagumbay Doctrine This rule states that: a. where there exists uniformity in the tallies of candidates belonging to one party; b. the systematic blanking out of the opposing candidates, as when all the candidates of one party received all the votes, each of whom got exactly the same number, and the opposing candidates got zero votes-the election returns are obviously manufactured, contrary to all statistical probabilities and utterly improbable and clearly incredible. (Lagumbay v. Comelec, 16 SCRA 175)

--LAW OF PUBLIC OFFICERS- Doctrine of Necessary Implication All powers necessary for the effective exercise of the express powers of a public officer are deemed impliedly granted.  Doctrine of Command Responsibility A superior officer is liable for acts of his subordinates when he negligently or willfully employs or retains unfit or incompetent subordinates. (Garcia, Pre-Week Reviewer) A head of a department or a superior officer shall not be civilly liable for the wrongful acts, omissions of duty, negligence or misfeasance of his subordinates unless he has actually authorized by written order the specific act or misconduct complained of. [Sec. 38, (3), Chapter 9, Book I, Administrative Code]

Political law and Public International law

7

 Luego Doctrine The doctrine laid down the rule that appointment is discretionary. It is a political question involving considerations of wisdom that only the appointing authority may determine. So that for as long as the appointee to a given office meets the minimum qualifications prescribed, the Civil Service Commission, even the Supreme Court itself, is powerless to nullify the appointment on the ground that somebody else is better qualified. [Luego v. CSC, 143 SCRA 327 (1986)]

 Doctrine of Forgiveness or Condonation A public official cannot be removed for administrative misconduct committed during a prior term, since his re-election to office operates as a condonation of the officer’s previous misconduct to the extent of cutting off the right to remove him therefor. The foregoing rule, however, finds no application to criminal cases pending against petitioner. [Aguinaldo v. Santos, 212 SCRA 768 (1992)]

 Hold-Over Doctrine (also Hold-Over Principle) The concept of holdover when applied to a public officer implies that the office has a fixed term and the incumbent is holding onto the succeeding term. It is usually provided by law that officers elected or appointed for a fixed term shall remain in office not only for the term but until their successors have been elected and qualified. Where this provision is found, the office does not become vacant upon the expiration of the term if there is no successor elected and qualified to assume it, but the present incumbent will carry over until his successor is elected and qualified, even though it be beyond the term fixed by law. [Lecaroz v. Sandiganbayan, 305 SCRA 397 (1999)]

--ADMINISTRATIVE LAW—  Doctrine of Res Judicata in Administrative Law Decisions and orders of administrative agencies, rendered pursuant to their quasi-judicial authority have, upon their finality, the force and binding effect of a final judgment within the purview of res judicata. (NAFTU v. Mainit Lumber Devt. Co. 192 SCRA 598) 

Doctrine of Prior Resort or Doctrine of Primary Administrative Jurisdiction In Industrial Enterprises v. CA (184 SCRA 426), the SC ruled that it may occur that the court has jurisdiction to take cognizance of a particular case concurrently with an administrative agency. However, if the case is such that its determination requires the expertise, specialized skills and knowledge of the proper administrative bodies because technical matters or intricate questions of facts are involved, then relief must first be obtained in administrative proceedings.

 Doctrine of Finality of Administrative Action No resort to the courts will be allowed unless the administrative action has been completed and there is nothing left to be done in the administrative structure.  Doctrine of Subordinate Legislation The power of administrative agency to promulgate rules and regulations on matters of their own specialization.

Political law and Public International law

8

 Doctrine of Legislative Approval by Re-Enactment The rules and regulations promulgated by the proper administrative agency implementing the law are deemed confirmed and approved by the Legislature when said law was re-enacted by later legislation or through codification. The Legislature is presumed to have full knowledge of the contents of the regulations then at the time of the re-enactment.  Brandeis Doctrine of Assimilation of Facts One purports to be finding of fact but is so involved with and dependent upon a question of law as to be in substance and effect a decision on the latter, courts will review the entire case including the latter.  Doctrine of Exhaustion of Administrative Remedies A rule that before a party is allowed to seek the intervention of the court, it is a pre-condition that he should have availed of all the means of administrative processes afforded him. (Union Bank v. CA, 290 SCRA 198) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.

This doctrine is disregarded when: there is violation of due process; the issue involved is purely a legal question; there is estoppel on the part of the administrative agency concerned; the administrative action is patently illegal amounting to lack or excess of jurisdiction; there is irreparable injury; the respondent is a department secretary whose acts as an alter ego of the President bears the implied and assumed approval of the latter; to require exhaustion of administrative remedies would be unreasonable it would amount to nullification of a claim; the subject matter is private land in land case proceeding; the rule does not provide a plain, speedy and adequate remedy; and, there are circumstances indicating the urgency of judicial intervention [Paat vs. CA, 266 SCRA 167, (1997)]

 Doctrine of Qualified Political Agency or Alter Ego Doctrine All executive and administrative organizations are adjuncts of the EXECUTIVE DEPARTMENT. The heads of the various executive departments are assistants and agents of the Chief Executive, and except in cases where the Chief Executive is required by the Constitution or law to act personally, the multifarious executive and administrative functions of the Chief Executive are performed by and through the executive departments, and the acts of the Secretaries of such departments, performed and promulgated in the regular course of business, are, unless disapproved or reprobated by the Chief Executive are presumptively the acts of the Chief Executive. [Joson v. Torres, 290 SCRA 279 (1998)] --LOCAL GOVERNMENT—  Doctrine of Implied Municipal Liability A municipality may become obligated upon an implied contract to pay the reasonable value of the benefits accepted or appropriated by it as to which it has the general power to contract (Province of Cebu v. IAC, 147 SCRA 447). The doctrine applies to all cases where money or other property of a party is received under such circumstances that the general law, independent of an express contract, implies an obligation to do justice with respect to the same. (Nachura, Reviewer, 2000, p. 431)

Political law and Public International law

9

--PUBLIC INTERNATIONAL LAW- Doctrine of Incorporation Rules of international law form part of the law of the land and no further legislative action is needed to make such rules applicable in the domestic sphere. The doctrine is recognized in the Philippines through sec. 2, Art. II of the Constitution as the Philippines “adopts the generally accepted principles of international law as part of the law of the land.” Rules of international law are given equal standing with, but are not superior to, national legislative enactments. Thus, the Constitution as the highest law of the land may invalidate a treaty in conflict with it. (Sec. of Justice v. Hon. Lantion, Jan. 18, 2000)

 Doctrine of Transformation International law is not per se binding upon the State. Such must first be embodied in legislation enacted by the law-making body and so transformed into municipal law. Only when so transformed will the international law become binding upon the State as part of its municipal law. The doctrine of transformation is found in the Philippines through the Treaty Clause, sec. 21, Art. VII of the Constitution. No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all the members of the Senate.  Doctrine of Qualified Immunity Immunity is granted to foreign states only in respect of their governmental acts (acts jure imperii), not in respect of their commercial acts (acts jure gestionis). For acts jure gestionis, a foreign state may be sued in the national court of another state. The Philippines adheres to the doctrine of qualified immunity, both as a principle of international law incorporated as Philippine law, and as an adjunct of the principle of state immunity from suit.  Doctrine of Hot Pursuit Under this doctrine if an offense is committed by a foreign merchant vessel within the territorial waters of the coastal State or if the coastal State has good reasons to believe that such an offense had been committed, the said state vessel may pursue the offending vessel and upon capture bring it back to its territory for punishment.  Doctrine of Unequal Treaties Treaties which have been imposed (through coercion or duress) by a State of unequal character is void.  Doctrine of Jus Cogens States that customary international law has the status of peremptory norm of international law, accepted and recognized by the international community of states as a rule from which no derogation is permitted. Accordingly, a treaty whose provisions contravene such international norms or rules may be invalidated.

Political law and Public International law

10

 Doctrine of State Responsibility for Injury to aliens A state is under the obligation to make reparations to the other state for the failure to fulfill its primary obligation to afford in accordance with international law, the proper protection due to the alien national of the latter state. The state may therefore be held liable for the injuries and damages sustained by the alien while in the territory of the state if; i. ii. iii.

the act or omission constitutes an international delinquency the act or omission is directly or indirectly imputable to the state injury to the claimant state indirectly because of damages to its nationals.

 Doctrine of Effective Nationality This principle is expressed in Art. 5, of the Hague Convention of 1930 on the Conflict of Nationality Laws as follows: Art.5. Within a third State, a person having more than one nationality shall be treated as if he had only one. Without prejudice to the application of its law in matters of personal status and of any convention in force, a third State shall, of the nationalities which any such person possesses, recognize exclusively in its territory either the nationality of the country with which in the circumstances he appears to be in fact most closely connected.

 Pacta Sunt Servanda Every treaty in force is binding upon the parties and must be performed by them in good faith. This applies despite hardships on the contracting State, such as conflict between the treaty and its Constitution.  Rebus Sic Stantibus A party is not bound to perform a treaty if there has been a fundamental change of circumstances since the treaty was concluded. It has been described as the exception to the rule on pacta sunt servanda. The principle justifies the non-performance of a treaty obligation if the subsequent condition in relation to which the parties contracted has changed so materially and unexpectedly as to create a situation in which the exaction of performance would be unreasonable. Rebus Sic Stantibus may not be invoked as a ground for terminating or withdrawing from a treaty: 1. if the treaty establishes a boundary; 2. if the “fundamental change” is the result of a breach by the party invoking it, of an obligation under a treaty or of any other obligation owed to any party to the treaty.  Pacta Tertiis A state is not bound to act in accordance with a treaty if it is not a party to that treaty. The exception is that if that treaty codifies customary international law, in which case, the state remains bound.

Political law and Public International law

11

 Grotius Doctrine of Immemorial Prescription Territory may also be acquired through continuous and uninterrupted possession over a long period of time. In international law, however, there is no rule of thumb as to the length of time needed for the acquisition of territory through prescription. In this connection, consider the Grotius Doctrine of Immemorial Prescription, which speaks of uninterrupted possession going beyond memory. (Nachura, p. 479)  Monroe Doctrine Enunciated by US President Monroe. The doctrine provided: (1) That there should be no further colonization by European powers in the American continents; (2) That there should be no extension of the European political system to any portion of the hemisphere; and (3) That there should be no European interposition in the affairs of existing governments in the Americas for the purpose of oppressing them, or controlling in any manner their destiny. (Aruego, p. 73)  Asiatic Monroe Doctrine In effect, the Asiatic Monroe Doctrine would mean that the Far East be preserved for the Far East with Occidental powers keeping off their hands; and that as the United States guarded the countries of the American hemisphere against foreign encroachments, so must Japan guard those of the Far East. (Aruego, p. 74)  Balance of Power Doctrine The principle underlying the doctrine of the balance of power seems to be that the increase in the power of a state or of a group of states or the change in relations of states may endanger the existence of others; hence, it is necessary that states in such geographical proximity as to be endangered must take measures for their preservation. (Aruego, p. 74)

 Truman Doctrine It was a proposal made by President Truman in a message to Congress on March 12, 1947, in which he pointed to the need of economic and military aid by the United States to Greece and Turkey- it was later broadened to include Europe- because “ it must be the policy of the United States to support free people who are resisting attempted subjugation by armed minorities or by outside pressures.” (Aruego, p. 75)  Hinterland Doctrine A doctrine adopted in the partition of Africa delimiting the territorial zones contiguous to the initial settlement set up along the coasts, as spheres of influence based on the coastal settlement .  Wilson or Tobar Doctrine

12 Precludes recognition of government established by revolution, civil war, coup d’ etat, or other forms of internal violence until the freely elected representatives of the people have organized a constitutional government.

Political law and Public International law

 Stimson Doctrine Precludes recognition of any government established as a result of external aggression

 Estrada Doctrine Diplomatic representatives of a country where political upheaval has taken place will deal or will not deal with whatever government is in control therein at time and either action shall not be taken as judgment on legitimacy of said government.  Thalweg Doctrine For boundary rivers, in the absence of an agreement between the riparian states, the boundary line is laid on the middle of the navigable channel.  Middle of the Bridge Doctrine Where there is a bridge over a boundary river, the boundary line is the middle or center of the bridge.  Calvo Doctrine No state is responsible for losses suffered as a result of insurrection or civil war.  Drago Doctrine A public debt cannot give rise to the right of intervention.  Doctrine of Ultimate Destination Authorizes confiscation of contrabands based on ultimate destination of goods. Even if the vessel stops at an intermediate port, it will still be considered as one continuous voyage provided it can be shown that its cargo will ultimately be delivered to a hostile destination.  Doctrine of Infection Contrabands that are shipped together with innocent goods belonging to the same person may be confiscated  Doctrine of Ultimate Consumption Goods intended for civilian use, which may ultimately find their way to and be consumed by belligerent forces may be seized on the way.  Doctrine of Continuous Voyage Goods reloaded at an intermediate port on the same vessel, or reloaded on another vessel or other forms of transportation may also be seized on the basis of the doctrine of Ultimate Consumption.  Doctrine of Reciprocity

13 If the requesting state is shown to be willing to surrender its own national for trial by the courts of another country, the detaining state must also surrender its own citizens for trial.

Political law and Public International law

Principle of AUTO-LIMITATION: “It is to be admitted that any state may, by its consent, express or implied, submit to a restriction of its sovereign rights. There may thus be a curtailment of what otherwise is a power plenary in character. That is the concept of sovereignty as autolimitation, which, in the succinct language of Jellinek, ‘is the property of a state-force due to which it has the exclusive capacity of legal self-determination and self-restriction.’ (Reagan v. CIR, 30 SCRA 973 quoted in Nolledo, p. 46)