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What are the fundamental rights of a state?The right to existence and self-preservation, right to sovereignty and independence, right to equality, right to property and jurisdiction, and the right to legation.
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Explain the conditions under which a state has the right to self-defense according to the right to existence.If there is a clear showing of grave and actual danger, and the defense is limited by necessity, not excessive or abusive.
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According to Article 2, Section 2, can the Philippines go to war?The Philippines can go to war, as long as it is a defensive war.
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What is the significance of the right to sovereignty and independence for a state?Hasas the right to supreme authority within its jurisdiction without the need for consent or dependence on another state. This ensures that no other country can dictate or control the state.
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Explain the concept of auto-limitations in the context of the state's sovereignty.Refers to the state imposing limitations upon itself by entering treaties or agreements, where it agrees to certain restrictions or obligations. An example is a treaty prohibiting the use of nuclear weapons.
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What rights are guaranteed to states under the right to equality?States are guaranteed legal or sovereign equality, but this right does not guarantee equality in fact or actuality.
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How do states exercise their right to own properties, and why is it essential for their objectives?They have the right to own properties to ensure they can carry out their objectives. This includes owning necessary resources for their purposes.
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What is the connection between sovereignty and the right to jurisdiction?The state exercises its jurisdiction as a direct effect of sovereignty, allowing it to do what it wants within certain areas.
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Explain the concept of the right to legation and diplomatic intercourse between states.Exists only through mutual consent between countries, allowing positive interactions.
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What are the primary purposes of Police Power?Promote public health, order, morality, and general welfare.
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Explain the justifications for the exercise of Police Power, citing the principles involved.Justifications include "sic utere tuo ut alienum non laedas" (use your property so as not to injure others) and "salus populi est suprema lex" (welfare of the people is the supreme law).
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What is eminent domain, and under what conditions can the state exercise it?The power of the state to forcibly take private property for public use upon payment of just compensation. It is exercised based on the necessity of the property for public use.
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What are the requisites for the valid exercise of eminent domain?Genuine necessity, taking of private property, for public use, just compensation, and observance of due process.
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Define the concept of a writ of possession in the context of expropriation.It is when the government can begin pursuing its intended purpose of expropriation.
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What is reverse expropriation, and under what circumstances does it occur?It occurs when the government is sued to obtain a previously owned property. Public use equates to public interest.
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Outline the processes of expropriation, including the options available if owners do not agree to the terms.Includes donation, sale (with possible disagreement or no response from owners leading to expropriation).
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Explain the fundamental power of the state to raise revenue, focusing on the power to tax.To raise revenue through taxes to defray necessary expenses and carry out projects for the common good.
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Discuss the two theories regarding the power to tax.The life-blood theory sees taxes as the nation's life-blood supporting government operations. The benefits-received principle is to support the operation of the government.
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Why are religious institutions exempted from taxes, and what is the rationale behind this exemption?They are exempted as they perform a public good or service, promoting morality and order, and alleviating the burden on the government.
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Highlight the limitations imposed on the power to tax, specifically mentioning due process, equal protection, and exemptions for certain institutions.Limitations include due process, equal protection, and exemptions for certain institutions like religious, charitable, and educational organizations.
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What are the prohibitions regarding the use of public funds in relation to religious or church groups?Prohibitions include not using public funds to support religious or church groups.
