ARCHIPELAGIC DOCTRINE: ARCHIPELAGO REGARDED AS 1 UNIT. ALL WATERS AROUND, BET.

,
CONNECTING ISLANDS FORM PART OF
STATE INTERNAL WATERS & SUBJ. TO EXCLUSIVE SOVEREIGNTY.
UNCLOS
TERRITORIAL SEA (ART. 3) 12 NAUTICAL MILES FROM BASELINE (LOW WATER LINE)
PARENS PATRIAE
CASE 11
GOVT PHIL ISLANDS rep by Treas Phil Is. V. EL MONTE DE PIEDAD Y CAJA DE AHORROS
DE MANILA
GR 9959 13 DEC 1916
FACTS:
3 Jun 1863 Earthquake
$400 paid to Treasury by Spanish for 3 JUN 1863 earthquake relief
OCT 6 1863: Central Relief Board
Board allotted $365,703.5 for named victims, $40,299.65 remain
Feb 1 1883: PH Govt ordered $80,000 to Monte de Piedad in $20k installme
nt
-received 15 feb 12 mar 14 apr 2 jun
30 jan 1912: Phil Leg Act 2109 empowering Phil Treas collect 80k w/ inte
rest
Monte de Piedad declined compliance
- Gov. Gen. not Treasury dept affected party
Issue:
Is PH Govt Authorized file reimbursement
Held:
Yes. Parens Patriae (gov't sole protector of ppl rights)
ergo inherent supreme power enforce laws promote pub interest,
CASE 12
MELCHORA CABANAS V. FRANCISCO PILAPIL
GR L-25843 25 JUL 1974
FACTS:
Florentino Pilapil insured self, child beneficiary
if child minor at death, proceeds administered by brother (Franc
isco)
child 10 yo when Flo died, fran took charge insurance benefits
mother (petitioner) filed complaint seeking dec her as trustee
respondent asserted ins policy
ISSUE
Can the state intervene by Parens Patriae
HELD
yes, 1973 consti provides for strengthening of the family as the basic
social unit,
if family may be prejudiced, interest be affected, then the judiciary,
if a litigation has been filed, should resolve that case according to th
e best interest of that person.
mother should be trustee as she was the immediate relative of the minor
child and it's assumed mother
shall show more care towards the child than the uncle will.

parens patriae here is in consonance with this country s tradition of favo

ring conflicts in favor of
the family hence preference to the parent (mother) is observed.
DE JURE/FACTO
CASE 13
KO KIM CHAM V. EUSEBIO VALDEZ TAN KEH, ET AL.
GR L-5 SEPT 1945
FACTS
Petitioner had pending civil case CFI Manila during jap occ.
Post-liberation respondent judge refuse take cognizance (jurisdiction) o
f petitioner's case
23 OCT 1944: Gen. Douglas MacArthur procl. invalidated nullified all jud
. proceedings during Jap Occ.
ISSUE
whether/not jud. proceedings during jap occ valid post-US
whether/not proc. invalidated all judgements, jud. acts & proc.
whether/not courts could continue hear cases pending
HELD
1st Pol & intl law recog de facto govt acts, proceedings valid
Phil ExeComm & RP Jap occ de facto govts supp by mil. force & de
rive auth from laws of war
Mun., priv. laws in force until changed by conqueror
2nd proc does not cover jud proceedings since such construction would vi
olate law of nations
law once established continues til changed by competent leg. pow
er. NOT CHANGED BY MERE
SOVEREIGNTY CHANGE.
3rd since still valid, courts must continue hearing case pending
BELLIGERENT OCCUPATION CASES
CASE 14
RAMON RUFFY, ET AL. V. CHIEF OF STAFF, ET AL.
GR L-533 20 AUG 1946
FACTS
Jap occ., military were assigned to designated camps, mil. bases.
Jap invaded Mindoro, petitioner organized guerilla unit "Bolo Area"
Change of command, Capt. Beloncio relieved Ruffy et al.
Capt. allegedly slain
petitioners contend art. of war 93d violates Art. VII Sec. 2 par. 4 1935
const.
ISSUE
whether/not petitioners subject to military law during time of war
is 93D art. of war const.?
HELD
petitioners subject to military jurisdiction (Art. of War 2d). Bolo area
, 6th mil. district contingent
recognized by US Army. Petitioner's contention erroneous as court martia
ls instrumentalities of
executive.

CASE 15
ANASTACIO LAUREL V. ERIBERTO MISA
GR L-409
FACTS
Petition for Habeas Corpus contending he cant be prosecuted for treason
(art. 114 RPC)
sovereignty of legit govt & allegiance was suspended
there was change of soovereignty during proc. Phil Rep.
ISSUE
Is absolute allegiance suspended during jap occ.
Is petitioner subject to art. 114 RPC?
HELD
allegiance NOT severed by belligerent occupation. sovereignty not transf
erred de jure. there is no such
thing as suspended allegiance.
petitioner subject to rpc, change of gov't not affect prosecution bec. o
ffence to same gov't & same
sovereign ppl.
CASE 16
JOKER ARROYO ET AL. V. JOSE DE VENECIA ET AL.
GR 127255 14 AUG 1997
FACTS
petition filed validity RA 8420 amending provisions in Natl Internal Rev
code.
law originated in HOR, senate approved w/ certain amendments, bicam conf
e comm formed to reconcile
rep. arroyo made interruption, move to adjourn (lack of quorum)
after roll call, chair dec. quorum presence
maj. leader albano moved for report approval, chair called for objection
s
arroyo, de venecial talked simulatneously.
bill signed by speaker & senate president, certified by secs. signed to
law.
ISSUE
whether or not RA 8420 null and void
HELD
No. complaint is internal in procedure. quorum already established.
CASE 17
BERNARDITA R. MACARIOLA VS. HON. ELIAS B. ASUNCION
AM 133-J
FACTS
6 AUG 1988 petitioner charged respondent CFI Leyte now CA assoc justice
w/ acts unbecoming of a judge.
latter bought property w/c previously subject of litigation w/c he rende
red decision.
respondent and wife members of Traders manufacturing and fishing industr
ies inc. of w/c their shares

were conveyed. respondent allegedly violated art. 1491 par. 5 new civil
code, art. 14 par. 1-5 code of
commerce, sec. 3 par. H RA3019, sec. 12 rule 18 civil service rules, can
on 25 judicial ethics
ISSUE
is Code of Commerce still in effect?
HELD
No. Change in Sovereignty abrogates political laws UNLESS expressly reen
acted by affirmative act of
new sovereign.
CASE 18
GR L-49 12 NOV 1945
FACTS
Peralta prosecuted for robbery, life imprisonment sentence (act 65, natl
assembly)
Petition for habeas corpus based on contention that court of Special & E
xclusiive Criminal Jurisdiction
(created by Ord. No. 7) political instrumentality by jap mil forces, doe
s not afford fair trial, impairs
const. rights of accused
ISSUE
is Ord No 7 valid?
sentence valid?
by principle of postiminy, did sentence cease on resstoration?
HELD
Yes. Martial law.
See up.
Yes. All judgements of pol. complexion of courts cease to be valid upon
change in sovereignty.