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ARTICLE I – THE NATIONAL TERRITORY

Category: Constitutional Law

Article I – THE NATIONAL TERRITORY

The national territory of the Philippines comprises:

1) the Philippine archipelago;

2) all other territories over which the Philippines has sovereignty or jurisdiction

PHILIPPINE ARCHIPELAGO – that body of water studded with islands which is delineated in the Treaty of
Paris (1898), as amended by the Treaty of Washington (1900) and the Treaty with Great Britain (1930).

– consists of its

a) Terrestrial

b) Fluvial

c) Aerial domains

– including its

a) Territorial sea

b) The seabed

c) The subsoil

d) The insular shelves; and

e) The other submarine areas

INTERNAL WATERS – the waters Around, Between and Connecting the islands of the archipelago,
regardless of their breadth and dimensions

ALL OTHER TERRITORIES OVER WHICH THE PHILIPPINES HAS SOVEREIGNTY OR JURISDICTION–includes
any territory that presently belongs or might in the future belong to the Philippines through any of the
accepted international modes of acquiring territory.

ARCHIPELAGIC PRINCIPLE

Two elements:

1. The definition of internal waters (supra);

2. The straight baseline method of delineating the territorial sea – consists of drawing straight lines
connecting the outermost points on the coast without departing to any appreciable extent from the
general direction of the coast.

Important distances with respect to the waters around the Philippines

-Territorial Sea 12 nautical miles (n.m.)

-Contiguous Zone 12 n.m. from the edge of the territorial sea

-Exclusive Economic Zone 200 n.m. from the baseline

[includes T.S. and C.Z.]

NOTE: There can be a Continental Shelf without an EEZ, but not an EEZ without a Continental Shelf.

TERRITORIAL SEA

The belt of the sea located between the coast and internal waters of the coastal state on the one hand,
and the high seas on the other, extending up to 12 nautical miles from the low water mark.

CONTIGUOUS ZONE
Extends up to 12 nautical miles from the territorial sea. Although not part of the territory, the coastal
State may exercise jurisdiction to prevent infringement of customs, fiscal, immigration or sanitary laws.

EXCLUSIVE ECONOMIC ZONE

Body of water extending up to 200 nautical miles, within which the state may exercise sovereign rights to
explore, exploit, conserve and manage the natural resources

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;

Article 2

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Article II: Declaration of Principles and State Policies Reviewer

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ARTICLE II:DECLARATION OF PRINCIPLES ANDSTATE POLICIES

Declaration of Principles and State Policies = statement of thebasic ideological principles and policies
that underlie theConstitution. The provisions shed light on the meaning of the otherprovisions of the
Constitution and they are a guide for alldepartments of the government in the implementation of
theConstitution.

Principles = binding rules which must be observed inthe conduct of government (1-6)

Not all 6 principles are self-executory

Policies = guidelines for the orientation of the state(7-28)

Some policies already anchor justiciable rights.

Kilosbayan v. Morato = read Sec 5,12, 14, and 17 as mere“guidelines” which do not yetconfer rights
enforceable by courtsbut recognized Section 16 as aright-conferring provision becauseit speaks of “the
right of thepeople”

PRINCIPLES

Section 1. The Philippines is a democraticand republican State. Sovereignty resides inthe people and all
government authorityemanates from them.

A state is a community of persons more or less numerouspermanently occupying a definite portion of

territoryindependent of external control and possessing an organizedgovernment to which a body of
inhabitants render habitualobedience.Four requirements for a
government:•People•Territory•Sovereignty•GovernmentState = legal concept / Nation = ethnic concept

Legal Sovereignty = the supreme power to makelaw. Lodged in the people

Political Sovereignty = the sum total of all influencesin a state, legal and non-legal, which determine
thecourse of law.
•

A republican state implies a representativegovernment while a democratic state implies a

directdemocracy.

Republican state = all government authorityemanates from the people and is exercised
byrepresentatives chosen by the people

We are not only representative or republican, we alsoshare aspects of direct democracy such as
INITATIVE ANDREFERENDUM (Art VI, Sec. 32)

Sovereignty is the power to make legal decisions.

All sovereignty resides in the people, and whateverpower you have has to be given to you.

Sovereignty is defined by Jellinek as the supremepower to affect all legal interests either by
executive,legal, or judicial action.Constitutional Authoritarianism = understood and practiced inthe
Marcos regime under the 1973 Constitution was thepresumption of the extraordinary powers by the
PresidentINCLUDING LEGISLATIVE AND JUDICIAL and even constituentpowers, where such assumption is
authorized bu the letter orat least the SPIRIT OF LEGITIMATELY ENACTEDCONSTITUTION.

Consti Authoritarianism is compatible with arepublican state if the Consti upon which theExecutive bases
his assumption of power is alegitimate expression of the people’s will

And if the executive who assumes power receives hisoffice thru a valid election by the people.

Why? Because a republican state is nothing morethan a state where sovereignty resides in the
peopleand where all government authority emanates fromthe people.

Nature and functions of Government

•
Government – that institution or aggregate of institutions by which an independent society makesand
carries out those rules of action which arenecessary to enable men to live in a social state

Or which are imposed upon the people forming thatsociety by those who possess the power or
authorityof prescribing them

3 great departments: LEGISLATIVE (6), EXECUTIVE(7), JUDICIARY (8)

2 function of Govt

CONSTITUENT – compulsory

MINISTRANT – constitute the very bonds of society

People v. Gozo

Her house was constructed within the naval baseleased to the American armed forces. She seeks
toemasculate our sovereign rights by the assertion thatwe cannot exercise therein administrative
jurisdiction.

Court ruled that the govt is merely gave consent tothe US to exercise jurisdiction in certain cases.

Auto-limitation = a state if it chooses to may refrainfrom the exercise of what otherwise is

illimitablecompetence

Allowing another power to participate in the exerciseof jurisdictional right over certain portions of
itsterritory. IF IT DOES SO, IT BY NO MEANS FOLLOWS THAT SUCH AREAS BECOME IMPRESSED WITH
ANALIEN CHARACTER. THEY RETAIN THEIR STATUS ASNATIVE SOIL. THEY ARE STILL SUBJECT TO
ITSAUTHORITY

•
Philippines have NOT abdicated its sovereignty overthe bases as part of the Philippine territory
ordivested itself completely of jurisdiction of suchoffenses committed therein.

Bases = they are NOT and CANNOT be foreignterritoryDoctrine: The Philippine government merely
consents to aforeign state’s jurisdiction in certain areas as a matter of comity, courtesy, or expediency.
The US has prior orpreferential, but not exclusive jurisdiction, and the Philippinesdoes not divest itself of
jurisdiction over offenses committedinside the military bases. The bases are not foreign
territory.Functions of Government As defined in

Bacani v. NACOCO

,the functions of government are classified into constituentand ministrant functions. Constituent
Functions