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The national territory comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all other territories over which
Philippines has sovereignty or jurisdiction, consisting of terrestrial, fluvial
and aerial domains including its territorial sea, the seabed, the subsoil, the
insular shelves and other submarine areas. The waters around, between,
and connecting the islands of the archipelago, regardless of their breadth
and dimensions, form part of the internal waters of the Philippines.
National Territory comprises of:
1.
The Philippine archipelago with all the islands and waters
embraced therein;
2.
All other territories over which the Philippines has sovereignty
and jurisdiction;
3.
The terrestrial, fluvial and aerial domains including its territorial
sea, the seabed, the subsoil, the insular shelves and other
submarine areas.
4.
The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.
Necessity of constitutional provision on National Territory:
1.
Binding force of such provision under international law
National Waters
2.
Territorial sea
2.
3.
4.
Repository of sovereignty
o
Sovereignty resides in people
o
The Filipino people have the right to constitute their
own government, to change it, set up new
government and organize it
o
All government authority emanates from themconcept of popular sovereignty
o
Exercised indirectly through public officials
o
Exercised directly through suffrage
Right to revolt
People can resort to revolution as ultimate judges of their
destiny.
Not included in the organic laws- implies political instability
Rule of Majority
Inherent in every democracy
Instances:
o
Majority vote:
Two-thirds majority:
o
o
Rationale:
o
In a government of laws, existence of the government
will be imperiled if it fails to observe the law
scrupulously.
Enforcement of Private Rights
o
Private individuals are bound to respect the
sovereignty of the law.
o
Intended
as
a
safeguard
against
arbitrary
government.
o
Protects the liberties of the weak and the
underprivileged.
2.
Separate and distinct from right to travelInternational Covenant on Civil and Political Rights.
Right of Extradition
o
States enter into treaties or extradition principally for
the purpose of bringing fugitives within the ambit of
their laws.
o
Extradition- act of sending a person accused of a
crime to a foreign jurisdiction where it was committed.
Law on Trademarks
o
Philippine Trademark Law- pre-requisite to the
acquisition of ownership over trademark or a trade
name. ; must be subordinate to Paris Convention of
1965 where the conflict is being decided by a local
court.
o
Doctrine of Incorporation- rules of international law
are given a standing equal, to national legislative
enactments.
Intellectual Property Code of the Philippines/ World Trade
Organization
o
an effective intellectual and industrial property
system is vital to the development of domestic and
creative activity, facilitates transfer of technology,
attracts foreign investments, and ensures market
access for our products
Application of international usages
o
International usages or the customs of civilized
nations are given effect by our courts in the absence
of any treaty, EO, legislative act, or judicial decision.
o
Paquete Habana Case (fishing boats are not subject to
seizure in times of war.
o
5.
6.
7.
Disadvantages of Bicameralism
1.
Not effective fiscalizing machinery.
2.
No assurance of a better considered and deliberated legislation
3.
Duplication of efforts, hinders legislation, gives complexity to
legal process.
4.
Produces serious deadlocks in the enactment of important
measures with the Conference Committee
5.
Encourages horse-trading- watering down legislation; losing its
intended effectiveness.
6.
More expensive
7.
Costs of senatorial elections- only wealth individuals make it to
the Senate.
Nature and Scope of Legislative Powers
1.
Delegated and derived- power from the people.
2.
Plenary or general- Congress may legislate on any subject
matter subject only to specific limitations of the Constitution
3.
Implied powers included
4.
Generally non-delegable- Congress alone can make laws, cannot
pass irrepealable law.
Classification of powers of Congress
1.
General Legislative Power
Enact laws; All laws are constitutional except when
decreed by competent court
2.
Specific Powers
Directed by the Constitution
Choose Pres and VP when tied, confirm other
appointments of the president, give concurrence to
amnesty. Treaties and international agreements, etc.
3.
Implied Powers
Not expressly granted
4.
of
ii.
iii.
French Presidential-Parliamentary
With cabinet and PM, President as
HOS & places limitations on LP.
System under 1973 Constitution
Established legislative body from
which PM is elected and the
majority of membership of the
cabinet were to be drawn and had
a
tenure
independent
of
legislative body.
of
Cases:
1.
Occena vs Comelec