Lucero, Maria Criselda V.

THE 1987 PHILIPPINE CONSTITUTION ART. NATIONAL TERRITORY The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its 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. Scope of Philippine National Territory Defined in Article I, Section 1. It includes: (1) The Philippine archipelago; Is that body of water studded with islands which are delineated in the Treaty of Paris, modified by the Treaty of Washington and the Treaty of Great Britain.

Treaty of Paris, December 10, 1898Cession of the Philippine Islands by Spain to the United States; Luzon, Visayas, Mindanao Treaty between Spain and US at Washington, November 7, 1900 inclusion of Cagayan, Sulu and Sibuto; Treaty between US and GB, January 2, 1930inclusion of Turtle and Mangsee Islands. (2) All other territories over which the Philippines has sovereignty or jurisdiction; This includes any territory which presently belongs or might in the future belong to the Philippines through any of the internationally modes of acquiring territory. Batanes islands Those belonging to the Philippines by historic right or legal title (Sabah, the Marianas,) PD 1596, June 11, 1978: constituting the Spratlys Group of Islands as a regular municipality claiming it the Municipality of Kalayaan, placing it under the Province of Palawan
Do you consider the Spratlys Group of Islands as part of Philippine Archipelago? Spratlys Group of Islands is not part of the Philippine Archipelago because it is too far away from the three main islands of the Philippines. It is found, geographically, almost in the middle of the South China Sea. It is not part of the Philippine Archipelago. Historically, when we talk about Philippine Archipelago, we refer to those islands and waters that were ceded by the Spain to the United States by virtue of Treaty of Paris in 1898. And that did not include the Spratlys Group of Islands yet. Do you consider the Spratlys group of Islands as part of our National Territory? Yes. Article I of the Constitution provides: The national territory comprises the Philippine archipelago, x x x, and all other territories over which the Philippines has sovereignty or jurisdiction, x x x. The Spratlys Group of islands falls under the second phrase and all other territories over which the Philippines has sovereignty or jurisdiction. It is part of our national territory because Philippines exercise s sovereignty through election of public officials) over Spratlys Group of Islands. The basis of the Philippine claim over the islands is the discovery and occupation which are internationally modes of acquiring territory.

Case: Merlin M. Magallona et. al vs. Eduardo Ermita GR No. 187167, July 16, 2011

Issue: Is RA 9522 constitutional? Ruling: Yes, RA 9522 is held constitutional. The baselines laws play no role in the acquisition, enlargement or diminution of territory. Acquisition of territory is done through occupation, accretion, cession and prescription. Had Congress in RA 9522 enclosed the KIG and the Scarborough Shoal as part of the Philippine archipelago, adverse legal effects would have ensued. The Philippines would have committed a breach of two provisions of UNCLOS III. Further, petitioners claim that the KIG and Scarborough now lie outside Philippine Territory because the baselines that RA 9522 draws do not enclose the KIG and Scarborough is negated by RA 9522 itself. Sec. 2 of the law commits to text the Philippines continued claim of sovereignty and jurisdiction over KIG and Scarborough. SEC. 2. The baselines in the following areas over which the Philippines likewise exercises sovereignty and jurisdiction shall be determined as Regime of Islands under the Republic of the Philippines consistent with Article 121 of the United Nations Convention on the Law of the Sea (UNCLOS): a) The Kalayaan Island Group as constituted under Presidential Decree No. 1596 and b) Bajo de Masinloc, also known as Scarborough Shoal. (Emphasis supplied)

(3) The territorial sea, seabed, subsoil, insular shelves and other submarine areas corresponding to (1) and (2). Moreover, (1) and (2) consist of terrestrial, fluvial and aerial domains. Territorial sea or sea extending 12 Nautical miles from its coastline Sea bed or the sea bottom under the territorial sea Sub-soil or everything beneath the surface soil Insular shelves or submerged portions of offshore islands under territorial sea

Archipelagic Doctrine It is the principle whereby the body of water studded with islands, or the islands surrounded with water, is viewed as a unity of islands and waters together forming one integrated unit. For this purpose, it requires that baselines be drawn by connecting the appropriate points of the outermost islands to encircle the islands within the archipelago. We consider all the waters enclosed by the straight baselines as internal waters. Elements of Archipelagic Doctrine 1. Definition of internal waters refer to all waters landwards from the baseline of the territory. 2. The straight line method of delineating the territorial sea straight lines are drawn connecting selected points on the coast without appreciable departure from the general shape of the coast. Important Distances with Respect to the Waters Around the Philippines: Territorial Sea

Is an adjacent belt of sea with a breadth of 12 N. mi measured from the baselines of a state and over which a state has sovereignty. Contiguous Zone Is a zone contiguous to the territorial sea and extends up to 12 N. mi from the territorial sea and over which the coastal state may exercise control necessary to prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea. Exclusive Economic Zone It extends 200 N. mi from the baseline. It is recognized in the United Nation Convention on the Law of the Sea. Although it is not part of National Territory, EEZ benefits are reserved for the country within its zone. o The state in the EEZ exercises jurisdiction with regard to: 1. the establishment and use of artificial islands, installations, and structures; 2. marine scientific research; 3. the protection and preservation of marine environment; Continental shelfit is the seabed and subsoil of the submarine areas extending beyond the Philippine territorial sea throughout the natural prolongation of the land territory. It extends up to: i. The outer edge of the continental margin; or ii. A distance of 200 nautical miles from the archipelagic baselines, whichever is the farthest. The continental shelf does not form part of the Philippine territory. The Philippines has the sovereign rights over the continental shelf for the purpose of exploring it and exploiting its natural resources.\ High Seastreated as res communes, thus, not territory of any particular State. These are the waters which do not constitute the internal waters, archipelagic waters, territorial sea and exclusive economic zones of a state. They are beyond the jurisdiction and sovereign rights of States. o PD 1599 (ESTABLISHING AN EXCLUSIVE ECONOMIC ZONE ) states that Philippines has sovereign rights to explore, exploit, conserve and manage the natural resources of the seabed, subsoil, and superjacent waters. Other states are prohibited from using zone except for navigation and overflight, laying of submarine cables and pipelines and other lawful uses related to navigation and communication. Purposes of Archipelagic Doctrine 1. Territorial Integrity 2. National Security 3. Economic reasons ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES Principles are binding rules which must be observed in the conduct of the government. Policies are guidelines for the orientation of the state. Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

Definition of a State A state refers to a community of persons, more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing an organized government to which the great body of inhabitants render habitual obedience.

Elements of a State 1. People A community of persons sufficient in number and capable of maintaining the continued existence of the community and held together by a common bond of law. 2. Territory Territory as an element of a state means an area over which a state has effective control. 3. Sovereignty The supreme power to govern 4. Government This refers to the agency through which the will of the state is formulated, expressed, and carried out. Philippines as Republican is a government which is run by the people through their chosen representatives who, in turn, are accountable to the sovereign will of the people. Essential Features of Republicanism are representation and renovation. Manifestations: 1. Nemo Est Supra Leges (Ours is a government of law and not of men) (Villavicencio vs. Lukban, 39 Phil 778). The supreme court upheld the right of filipino citizens to freedom of domicile or the Liberty of abode. "Ours is a government of laws and not of men." 2. Rule of the majority. (Plurality in elections) 3. Accountability of public officials 4. Bill of rights 5. Legislature cannot pass irrepealable laws. 6. Separation of powers. Democratic State In the view of the new Constitution, the Philippines is not only a representative or republican state but also shares some aspects of direct democracy such as initiative and referendum where the people act directly and not through their representatives. Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

Renunciation of war as an instrument to national policy o This declaration means that the Philippines shall not engage in war where it is the aggressor. The country however, has a right to engage in war to defend its honor and integrity as a nation against a foreign enemy. Every country has the inherent right to self-preservation.

Incorporation Clause Philippines adopts generally accepted principles of international law as part of the law of the land Two Methods of Making International Laws Part of the Local Laws: 1. Doctrine of Incorporation Every state is, by reason of its membership in the family of nations, bound by the generally accepted principles of international law, which are considered to be automatically part of its own laws. 2. Doctrine of Transformation Generally accepted principles of international law are localized through legislation. International Law: is that branch of public law which regulates the relations of states and of other entities which have been granted international personality.

Section 3. Civilian Authority is, at all times supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and integrity of the national territory. Civilian Authority o A civilian, the President is made by the Constitution the commander-in- chief of all armed forces of the Philippines. (Art. VII, Sec.18) Even the appointment of their high ranking officers is vested in the President. This arrangement insures the supremacy of civilian authority over the military. Section 4. The prime duty of the government is to serve and protect the people. The Government may call upon the people to defend the state and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal military or civil service. o Personal Service Means that one cannot have another person perform the service being asked of him.

o Civil Service Refers to any service for the defense of the state other than a military or as soldiers. Section 5. The maintenance of peace and order, the protection of life, liberty and property, and the promotion of general welfare are essential for the enjoyment by all the people of the blessings of democracy. o The governments duty to keep peace and order in society and protect the lives, rights and property of its members is done by enacting and enforcing laws. Section 6. The separation of Church and State shall be inviolable. o Doctrine cuts both ways. It is not only the State that is prohibited from interfering in purely ecclesiastical affairs; the Church is likewise barred from meddling in purely secular matters. STATE POLICIES Section 7. The State shall pursue an independent foreign policy. In its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination. o This means that national sovereignty, territorial integrity, national interest, and self-determination shall be the primary considerations of the Philippines in its relations to other states. Section 8. The Philippines consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. Scope of Policy The policy includes the prohibition not only of the possession, control, and manufacture of nuclear weapons but also nuclear arms tests. Exception to the Policy Exception to this policy may be made by the political department but it must be justified by the demands of the national interest. The policy does not prohibit the peaceful use of nuclear energy. Section 9. The State shall

promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a raising standard of living, and an improved quality of life for all. Section 10. The State shall promote social justice in all phases of national development. Social Justice is neither communism, nor despotism, nor atomism, nor anarchy, but the humanization of the laws and the equalization of the social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. Section 11. The State values the dignity of every human person and guarantees full respect for human rights. Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in rearing of the youth for civic efficiency and the development of moral character shall receive the support of the government. o This declaration upholds the family as a basic independent social institution. The State may not pass laws which may, in any way, weaken it as a social unit. o Purpose of Assertion of Protection of the Unborn The purpose of the assertion that the protection begins from the time of conception is to prevent the State from adopting the doctrine in Roe v. Wade which liberalized abortion laws up to the sixth month of pregnancy by allowing abortion any time during the first six months of pregnancy provided it can be done without danger to the mother. However, if the life of the mother which the State is also bound to protect, is endangered, the life of the unborn child may be sacrificed. Section 13. The State recognizes the vital role of the youth in nation building and shall promote and protect their physical moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in

public and civic affairs.

o Parens Patriae. The State has the authority and duty to step in where parents fail to or are unable to cope with their duties to their children. Section 14. The State recognizes the role of women in nation building, and shall ensure the fundamental equality before the law of women and men. o The general idea is for the law to ignore sex where sex is not a relevant factor in determining rights and duties. Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them. Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. o While the right to a balanced and healthful ecology is to be found under the Declaration of Principles and State Policies and not under the Bill of Rights, it does not follow that it is less important than any of the civil and political rights enumerated in the latter. Such a right belongs to a different category of rights for it concerns nothing less than self-preservation and self-perpetuation. These basic rights need not even be written in the Constitution for they are assumed to exist from the inception of humankind. (Oposa v. Factoran,1993) Section 17. The State shall give priority to education, science and technology, arts, culture and sports to foster patriotism, nationalism, accelerate social progress, and promote total human liberation and development. o In Philippine Merchant Marine School Inc. v. CA, the Court said that the requirement that a school must first obtain government authorization before operating is based on the State policy that educational programs and/or operations shall be of good quality and, therefore, shall at least satisfy minimum standards with respect to curricula, teaching staff, physical plant and facilities and administrative and management viability. Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

o A primary social economic force means that the human factor has primacy over non-human factors of production. Section 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments. Section 21. The State shall promote comprehensive rural development and agrarian program. Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. Section 23. The State shall encourage non-governmental, community-bases, or sectoral organizations that promote the welfare of the nation. Section 24. The State recognizes the vital role of communication and information in nation-building. o The NTC is justified to require PLDT to enter into an interconnection agreement with a cellular mobile telephone system. The order was issued in recognition of the vital role of communications in nation-building and to ensure that all users of the public telecommunications service have access to all other users of service within the Philippines. (PLDT v. NTC) Section 25. The State shall ensure the autonomy of local governments. o Local autonomy under the 1987 Constitution simply means decentralization and does not make the local governments sovereign within the State or an imperium in imperio. (Basco v. PAGCOR) Decentralization of administration is merely a delegation of administrative powers to the local government unit in order to broaden the base of governmental powers. Decentralization of power is abdication by the national government of governmental powers. . Section 26. The State shall

guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law. o Purpose. The thrust of the provision is to impose on the state the obligation of guaranteeing equal access to public office.134 There is no constitutional right to run for or hold public office. What is recognized is merely a privilege subject to limitations imposed by law. Section 26 of the Constitution neither bestows such right nor elevates the privilege to the level of an enforceable right. (Pamatong v. COMELEC) Section 27. The State shall maintain honesty and integrity in public service and take positive and effective measures against graft and corruption. Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. o It is well established in jurisprudence that neither the right to information nor the policy of full public disclosure is absolute, there being matters which, albeit of public concern or public interest, are recognized as privileged in nature. (Akbayan v. Aquino, 2008)