Philippine Bar review · Question

Practice question: Elements

Multiple Choice Hard

Practice question

A corporation buys an island within the Philippines. Five thousand people settle there, and a residents' council administers private services. The purchase does not transfer sovereignty, and Philippine public authorities retain their constitutional powers. The corporation announces a new state and points to its population, land ownership and council. Which assessment best applies the elements of statehood?
  1. Private ownership of land necessarily transfers sovereignty.
  2. A residents' council automatically becomes the government of a new independent state.
  3. The listed facts do not establish independent statehood; ownership and internal administration do not supply sovereignty or independent external capacity.
  4. A population of five thousand makes independence automatic.
  5. Choosing a national name supplies every missing element.

Legal references

  • Province of Sulu v. Medialdea, G.R. Nos. 242255, 243246 and 243693, September 9, 2024, main decision, separate statehood distinguished from internal governance: https://lawphil.net/judjuris/juri2024/sep2024/gr_242255_2024.html
  • Montevideo Convention, Article 1: https://avalon.law.yale.edu/20th_century/intam03.asp

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