Digest Cases

Satisfactory Essays
Palmas Case (US v. Netherlands)
Permanent Court of Arbitration (1928)
2 U.N. Rep. Int’l Arbitral Awards 829

Facts
The Island of Palmas is about halfway between the Philippines (formerly under Spanish control) and the Nanusa Island group (formerly of the Dutch East Indies class). In the Treaty of Paris (1898), the island lied within the boundaries of the Philippines ceded by Spain to the US. Arguments
US: As the successor of Spain, who was the first to discover the island, the US has title to sovereignty.

Netherlands: Discovery by Spain is not yet proved, nor is any other form of acquisition. Even if Spain had such a title, the title has been lost because the Netherlands have possessed and exercised sovereignty since at least 1677, when the East India Company entered conventions with the two princes of the main island in the chain. Such sovereignty has been displayed over the last two centuries.

Procedural History The two states agreed to appoint the Swiss Jurist, Max Huber, to arbitrate the case.

Issues
When two States claim title to sovereignty over, does the state with earliest claim win sovereignty?

Holdings & Court Order
No, it is not sufficient to establish that a title was validly acquired at a specific moment, but it must be shown that sovereignty was held continuously and existed at the moment for which is critical to the decision of the dispute.

Reasoning
In current international law, titles of acquisition are based on an act of effective apprehension (such as occupation or conquest) or cession. Doctrine recognizes that the continuous and peaceful display of sovereignty is as good as title. This display must be open and public.

The Spanish, and by sucession, American, claim is based on being the first to discover the island. This is based on reports that an island was seen (which based on geographical data, is probably the one in the class), although there is no mention of landing on or contacting the natives. Until

You May Also Find These Documents Helpful

  • Good Essays

    Case Digests

    • 1853 Words
    • 8 Pages

    CASE DIGESTS: 1. ALCANTARA vs. ALCANTARA FACTS: On Dec. 8, 1982, petitioner Restituto Alcantara and respondent Rosita Alcantara, without securing the required marriage license, went to Manila City Hall for the purpose of marriage. They met a “fixer” and arranged everything for them. A Rev. Aquilino Navarro, a Minister of Gospel of the CDCC Chapel solemnized their wedding. The petitioner and respondent went through another marriage ceremony on March 16, 1983. The marriage was likewise celebrated…

    • 1853 Words
    • 8 Pages
    Good Essays
  • Good Essays

    case digest

    • 6534 Words
    • 27 Pages

    Calvo v. UCPB General Insurance Case Digest Calvo v. UCPB General Insurance G.R. No. 148496 March 19, 2002 Facts: Petitioner Virgines Calvo, owner of Transorient Container Terminal Services, Inc. (TCTSI), and a custom broker, entered into a contract with San Miguel Corporation (SMC) for the transfer of 114 reels of semi-chemical fluting paper and 124 reels of kraft liner board from the port area to the Tabacalera Compound, Ermita, Manila. The cargo was insured by respondent UCPB General Insurance…

    • 6534 Words
    • 27 Pages
    Good Essays
  • Satisfactory Essays

    Case Digest

    • 308 Words
    • 2 Pages

    payable, had never received it, and that his signature, as an endorser, was forged by Maasim, * Eastern promptly made a demand upon the HSBC to credit the amount of the forged check * Eastern filed against HSBC and PNB * RTC: dismissed the case Issue: Whether the Hongkong & Shanghai Banking Corporation (HSBC) and Philippine National Bank (PNB), defendants should be charged for the payment made to E.M Maasim for the P2000 which was paid on the forged check. Held: The Supreme Court held…

    • 308 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Case Digest

    • 2264 Words
    • 10 Pages

    Constitutional Law Case Digest People vs. Perfecto Facts: Perfecto was convicted by the municipal trial court as editor of La Nacion for publishing libelous statement pursuant to Article 256 of Spanish Penal Code. Issue: whether article 256 of the Spanish Penal Code, punishing "Any person who, by . . . writing, shall defame, abuse, or insult any Minister of the Crown or other person in authority . . .," is still in force. Ruling: 1. Effect of the Philippine Libel Law, Act No. 277, on article…

    • 2264 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    Case Digest

    • 1420 Words
    • 6 Pages

    CASE DIGEST CASE #1: Kuroda v. Jalandoni 83 Phil 171 • FACTS: - Shigenori Kuroda, former Lieutenant-General of the Japanese Imperial Forces of the Philippines, was charged before a Military Commission in violation of the laws and customs of war. The Petitioner seeks to establish the illegality of Executive Order No. 68 of the President of the Philippines; to enjoin and prohibit two US prosecutors from participating in the prosecution of the petitioner’s case; and to permanently…

    • 1420 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Case Digests

    • 6972 Words
    • 28 Pages

    ASUNZA, Charles Darvin S. 4LM RESTATE THE FOLLOWING: 1. ARTICLE 279 No less than the Constitution recognizes and guarantees the labor’s right to security of tenure. Under the Labor Code of the Philippines, as amended, specifically, Article 279 of the said Code, the security of tenure has been construed to mean as that “the employer shall not terminate the services of an employee except for a just cause or when authorized” by the Code. The two facets of this legal provision are: (a) the…

    • 6972 Words
    • 28 Pages
    Powerful Essays
  • Good Essays

    case digest

    • 556 Words
    • 2 Pages

    manila is conjugal property of the parties and that the petitioner ordered to render an accounting of that business and that the private respondent be declared with a rights to manage the conjugal property. Petitioner moved to dismiss the case on the ground that the case of the action is barred of the judgment in the divorce proceeding in the Nevada court where the respondent had acknowledged that he and petitioner had no “common property” as June 11, 1982. Issue: Whether there is an effect of the…

    • 556 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Case Digest

    • 592 Words
    • 3 Pages

    2007 Facts: On February 3, 2006 petitioner, the duly elected Mayor of San Francisco, Agusan Del Sur, filed a Motion for Reconsideration of the invalidation of the approval of the temporary appointment of Daligdig with the CSC-CARAGA, where the case contains the following relevant portions: a) On July 5, 2005 Mayor Lademora appointed, Gil A. Daligdig as Municipal Government Department Head I, under temporary status, of the Municipality of San Francisco, Agusan Del Sur. On the following…

    • 592 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Case Digests

    • 7219 Words
    • 29 Pages

    Salazar, Kristine Kim B. 4-DLM 1. Arturo Tolentino vs Secretary of Finance FACTS: Tolentino et al is questioning the constitutionality of RA 7716 otherwise known as the Expanded Value Added Tax (EVAT) Law. Tolentino averred that this revenue bill did not exclusively originate from the House of Representatives as required by Section 24, Article 6 of the Constitution. Even though RA 7716 originated as HB 11197 and that it passed the 3 readings in the HoR, the same did not complete the 3 readings…

    • 7219 Words
    • 29 Pages
    Powerful Essays
  • Better Essays

    Case Digest

    • 9495 Words
    • 38 Pages

    1. Ladera v. Hodges G.R. No. 8027-R, September 23, 1952, Vol. 48, No. 12, Official Gazette 5374Reyes,J.B.L., J. FACTS: Paz G. Ladera entered into a contract with C.N. Hodges. Hodges promised to sell a lot with an area of 278square meters to Ladera, subject to certain terms and conditions. The agreement called for a downpayment of P 800.00 and monthly installments of P 5.00 each with interest of 1% per month, until P2,085 is paid in full. Incase of failure of the purchaser to make any monthly…

    • 9495 Words
    • 38 Pages
    Better Essays