Você está na página 1de 9

ARTICLE I- NATIONAL TERRITORY

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

No rule in international law which requires a State to


define its territorial boundaries in its Constitution.
2.
Value of provision defining our national territory

For the purpose of making known to the world the


areas over which we assert title or ownership and to
avoid future conflicts with other nation.
3.
Acquisition of other territories

Does not prevent PH in acquiring other territories in


the future.

The Philippine Archipelago


1.
TERRITORIES ceded to the US by the Treaty of Paris between US
and Spain on December 10, 1898.
2.
ISLANDS embraced in the treaty at Washington between US and
Spain on November 7, 1900. (Cagayan, Sulu and Siboto- not
included in the Treaty of Paris)
3.
Islands embraced in the treaty concluded between US and GB
on January 2, 1930 (Turtle Mangsee Islands bet. Borneo and
Sulu)
4.
Islands of Batanes (outside the boundaries fixed by the Treaty of
Paris)- inserted in the 1935 Constitution
Archipelago
Greek pelagos = sea
Defined as a sea or part of a sea studded with islands, often
synonymous with island groups, or as a large group of islands in
a extensive body of water, such as the sea.
Includes both sea and islands which geographically considered
as an independent whole.
All other territories over which PH has sovereignty and
jurisdiction
1.
Pending Philippine claim to Sabah, etc.- covered in 1973
Constitution; claims also for the Spratly Islands and Marians
Islands & Guam.
2.
Future claims by the PH to other areas.

Other areas included in the PH Archipelago


1.
The territorial sea
o
Extending 12 nautical miles (19kms) from baselines;
marginal sea/belt or marine belt.
2.
The seabed (seafloor or sea bottom)
o
Land that holds the sea, lying beyond the seashore,
including mineral and natural resources.
3.
The subsoil
o
Everything beneath the surface of soil and the seabed
including mineral and natural resources.
4.
Insular shelves (continental shelves)
o
Submerged portion of a continent or offshore island.
5.
Other submarine areas
o
All areas under the territorial sea. (trough, trench,
basin, deep, bank, shoal and reef)
Three-fold division of navigable waters
1.
Inland or internal waters

Part of the sea within the land territory.

Waters around, between and connecting the islands of


the archipelago.

Rivers, canals and lakes

National Waters
2.
Territorial sea

Water outside and parallel to the coastline or outer


limits of the inland or internal waters
3.
High or open seas

Lie seaward of the territorial sea


Jurisdiction over navigable waters

Inland/Internal waters and the territorial sea comprises the


TERRITORIAL WATERS OF THE STATE.

Over these waters, state exercises sovereignty

Foreign vessels = right of innocent passage

Innocent passage- any passage not contrary to recognized


principles of international law.

Open Seas- international waters- not subject to the sovereignty


as every state has equal rights of use in them.

Archipelago concept or principle of territoriality

Archipelago= single unit; subject to states exclusive


sovereignty.

Use of archipelago in Sec. 1- bolster the concept (archipelago


doctrine) which PH & other archipelago states similarly situated
had steadfastly espoused in the international conferences on the
Law of the Sea.
Philippine Position

Archipelago theory is an exception to the 3-mile (now 12-mile


rule) because of extensive coastlines.

Effect of application of 12 mile rule in the territorial integrity of


the PH- as long as the Constitution stands, the 3-mile doctrine is
unacceptable. (International Convention on the Law of the Sea,
Geneva, 1958)

The PH, a single nation and united state- the archipelago


principle and the exclusive economic zone rights are recognized
in the UN Law of the Sea and form part of the international law.
This was ratified by the interim BP on February 27, 1984.

ARTICLE II- DECLARATION OF PRINCIPLES AND STATE POLICIES


Basic Political Creed of the Nation
1.
Fundamental obligations of the government in the conduct of
public affairs

2.

3.

4.

Lays down the fundamental principles and policies the


government should observe and prescribes the
obligation
of
the
legislative
and
executive
departments as its policy-determining organs.
Guidelines for legislative or executive action

Not intended to be self-executing

Do not confer judicially enforceable rights

Provide guidelines for legislative or executive action.


Remedy of the people

People to demand fulfillment of these government


duties thru the exercise of the right of suffrage.
Value of provisions

Some provisions may guide the courts determining


the validity of implementing statutes or executive acts
in justiciable cases.

SECTION 1. The Philippines is a democratic and republican State.


Sovereignty resides in the people and all government authority
emanates from them.
Republican Government
democratic government by representatives chosen by the
people at large.
Indirect rule determined by the rule of the majority.
Presidential system with a bicameral congress and an
independent judiciary- theory of separation of powers
Manifestations of a democratic and republican state (BRPE PLOS)
1.
Bill of rights
2.
Rule of Majority
3.
Principle that ours is a government of laws, not of men
4.
Elections thru popular will
5.
Principle of the Separation of Powers & System of checks and
balances
6.
Legislature cannot pass irrepealable laws
7.
Observance of laws on public officers
8.
State cannot be sued without its consent

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:

Election of Senate Pres and Speaker of the


House

In case Pres and VP are tied.

Two-thirds majority:

Suspend or expel a member of either house

Declare the existence of war

Reconsider a bill vetoed by the President

Concur a treaty or international agreement

Render a judgment on impeachment cases.


Three-fourths vote

Amendment to, or revision of Constitution

Valid when ratified by a majority


of votes cast in the plebiscite.

Decision of the Supreme Court en banc- majority of


the members who actually took in the deliberation of
the cases to pronounce a treaty or international
agreement unconstitutional.
o
In the CA, vote of at least the majority is necessary.
Practicable rule of law
o
Majority will more likely be correct than that of the
majority.
Tyranny of the majority not contemplated
o
Tyranny is condemned.
o
Strength of a democracy lies in its recognition of the
rights of each and every minority in society.
o

o
o

Congress- in the enactment of statutes must ever be


on guard lest the restrictions on its authority, whether
substantive or formal, be transcended.
Presidency- in the execution of laws, cannot ignore or
disregard what it ordains.
Judiciary- maintain inviolate what is decreed by the
fundamental law.

Government of laws and not of men


No one in this country, not even the government is above or
beyond the law, including the Constitution.
Exercise of governmental powers
o
Law is the only supreme power in our system of
government
-

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.

The Supremacy of the Constitution


Criterion for validity of any public act.
Restraint on all organs of the government

SECTION 2. The Philippines renounces war as an instrument of


national policy, adopts the generally accepted principles as part
of the law of the land and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations.
Renunciation of was as an instrument of national policy
1.
Philippines bound by a policy of peaceful international
relationships

Based on the principle in the UN Charter binding all


members to refrain from the use of threat or use of
force against the territorial integrity or political
independence of a state

2.

Aggressive war against the Philippines not contemplated

Refers only to aggressive war, not war in defense of


national honor and integrity. (self-preservation and
existence against aggression or unprovoked attack)

Art. VI, Sec. 23- Congress, with the concurrence of 2/3


of all its members, may declare the existence of a
state of war presumably started by other state.

Adoption of the generally accepted principles of international law


as part of our law
Generally accepted principles of Int. Law norms of general or
customary international law which are binding on all states.
(renunciation of war, principle of sovereignty, right to life, liberty
and due process and pacta sunt servanda)
Binds the PH to enforce or observe within its jurisdiction
generally accepted principles of international law.
International law- refers to the body of rules and principles
which governs the relations of nations and their respective
peoples in their intercourse with one another.
Diplomatic Immunity
o
Vienna Convention on Diplomatic Relations
o
Functions of the diplomatic mission involve the
representation of the interests of the sending State
and promoting friendly relations with receiving State.
o
Diplomatic agents- heads of missions or members of
the diplomatic staff.
o
When a diplomat is entitled for immunity?- Whether or
not he performs duties of diplomatic nature
(representing his State in political matters)
Protection of foreign embassies
o
Special duty of the receiving state to take appropriate
steps for the protection of the premises of a
diplomatic mission against any intrusion or damage
and to prevent any disturbance of the peace of the
mission or impairment of its dignity.

Diplomatic envoys are accorded with privileges and


immunities- they are representatives of their home
States.
o
If diplomatic envoy disturbs the internal order of the
receiving State- request for recall or advise to leave.
Prosecution of War Criminals
o
Recognize even rules and principles of international
law as contained in the treaties to which our
government is not a signatory.
o
Trying of war crimes committed- rule of GAP of
International Law.
o

Installation of road safety signs


o
Agustin vs. Edu (Installation of early warning devices
to motor vehicles)
o
1968 Vienna Convention on Road Signs and Signals
o
Recommended the enactment of local legislation for
the installation of road safety signs.
Right of an alien to be released on bail while awaiting
deportation
o
Mejoff vs. Director of Prisons (Alien who was ordered
to be deported had been in detention for more than
two years because the government had been unable
to ship him abroad due to the fact that no country
would accept him.
o
Article 9 of UDHR: No one shall be subjected to
arbitrary arrest, detention, or exile
Right of a citizen to return to the Philippines/ Right to
travel
o
Right to return to ones country- GAP of International
Law

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

ARTICLE 6- LEGISLATIVE DEPARTMENT


SECTION 1. The legislative power shall be vested in the Congress
of the Philippines which shall consist of a Senate and a House of
the Representatives, except to the extent reserved to the people
by the provision on initiative and referendum.
Legislative Power
authority to make laws and subsequently to alter, amend and
repeal them. (MAAR)
essential function: determination of the legislative policy and
promulgation.
Granted to the Congress of the Philippines: Senate (upper
house) and House of Representatives (lower house)BICAMERALISM
Advantages of Bicameralism
1.
Second chamber to serve as a check to hasty and ill-considered
legislation
2.
Training ground for future leaders
3.
Representation of regional and national interest.
4.
Check in the impeachment process

5.
6.
7.

Provides the means of securing national vies on public questions


Less susceptible to bribery and control of the executive and big
interests.
Traditional form- tested and proven

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.

Power to conduct inquiry in aid of legislation


Inherent Powers
Possessed and exercised as an attribute
sovereignty.

of

Non-Legislative Functions of the Congress


1.
Constituent- power to propose amendments
2.
Electoral- election of SP and SHP; board of canvassers
3.
Executive- creation of administrative offices and agencies
4.
Judicial- power to impeach Pres, VP, members of SC, etc.
5.
Investigative- investigate for law-making purposes and
supervisory control over administrative agencies of the
government.
Separation of Powers
1.
Presidential System
Powers of the government divided into (3): legislative,
executive and judiciary; evenly distributed among
branches and equal to and coordinate with each other.
Officers can only exercise powers that are expressly
and impliedly given.
Each department not permitted to encroach upon the
powers of others.
Arbitrary rule and abuse of authority will result the
concentration of the powers of the government.
2.
Parliamentary System
Fusion between the executive and legislative
performing the two govtal functions: policy-making
and policy executing.
Prime Miniester, HOG, elected without fixed term.
Two kinds:
i. British Parliamentary
Monarch as HOS.

ii.
iii.

House of Commons is elected,


exercising legislative powers.

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.

Principle of Checks and Balances


1.
Separation of Powers not absolute
Overlapping of powers & unclear delegation
powers.
2.
Safeguards needed against encroachment and abuse
Check or restrain from encroaching

of

Application of Checks and Balances


1.
Checks by the PRESIDENT
Veto or approve bills enacted by the congress.
2.
Checks by CONGRESS
Override the veto, reject appointments of Pres, revoke
the proclamation of Martial law, etc.
3.
Checks by the JUDICIARY
SC as final arbiter, may declare legislative and
executive acts unconstitutional or invalid; avoid
decision of constitutional question

Limitations on the Powers of Congress


1.
Substantive- subject of the matter of legislation
a.
Implied limitations- inferred from the nature and
character of the government.
- Passage of irrepealable laws
- Laws beyond territorial limits
- Laws encroaching the powers of judiciary
b.
Specific limitations on gen. legislative powers
- Found in Bill of Rights
c.
Specific limitations on specific powers
- Taxation; public funds on religious purpose;
declaration of state of war, etc.
2.
Formal or procedural- procedural requirements to be complied
by the Congress in the passage of bills & the form and content
of the same.
Prohibition against delegation of legislative powers
1.
Basis of the doctrine- constitutes the right and duty of the
delegate
2.
Corollary of separation principle- prohibits one branch of power
given to others.
Exception to the rule (non-delegability of legislative power)
1.
Delegation to the president or to the people at large is expressly
authorized by the Constitution.
2.
Delegation is made to the local governments.
3.
Delegation is made to administrative agencies.
Principle of subordinate legislation

So long as the legislature lays down a policy and a standard is


established by the statute, there is no undue delegation.

Congress may constitutionally delegate the authority to


promulgate rules and regulations to implement a given
legislation and affectuate its policies.

Cases:
1.

Occena vs Comelec

Você também pode gostar