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Constitutional Law 1 - File No. 1

Constitutional Law 1 - File No. 1

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Published by: priam gabriel d salidaga on Oct 23, 2009
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CONSTITUTIONAL LAW IFile No. 1
I.INTRODUCTION
PREAMBLEWe, the sovereign Filipino people, imploring the aid oAlmighty God, in order to build a just and humane society,and establish a Government that shall embody our idealsand aspirations, promote the common good, conserve anddevelop our patrimony, and secure to ourselves and ourposterity, the blessings of independence and democracyunder the rule of law and a regime of truth, justice,freedom, love, equality, and peace, do ordain andpromulgate this Constitution.
1.
POLITICAL LAW
 Is that branch of public law which deals with the organization andoperation of the governmental organs of the State and defines therelations of the state with the inhabitants of its territory
(Macariola vs.Asuncion, 114 SCRA 77)
.
Constitution
– the document which serves as the fundamental law of the state; that written instrument enacted by direct action of thepeople by which the fundamental powers of the government areestablished, limited and defined, and by which those powers aredistributed among the several departments for their safe and usefulexercise for the benefit of the body politic.
Constitutional Law
designates the law embodied in theConstitution and the legal principles growing out of the interpretationand application of its provisions by the courts in specific cases.
2. STATEa. Definition, distinguished from nation.
 
State
– a community of persons, more or less numerous, permanentlyoccupying a definite portion of territory, independent of externalcontrol, and possessing a government ti which a great body of theinhabitants render habitual obedience; a politically organizedsovereign community independent of outside control bound by ties of nationhood, legally supreme within its territory, acting through agovernment functioning under a regime of law
(CIR v. Campos Rueda, 42SCRA 23)
.
State
is a political and geopolitical entity 
; while
, Nation
is acultural and/ or ethnic entity.
While the distinction may be useful for purposes of political sociology,it is of little consequence for purpose of constitutional law (Bernas)
b. TerritoryARTICLE INATIONAL TERRITORY The national territory comprises the Philippine archipelago,with all the islands and waters embraced therein, and all otherterritories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerialdomains, including its territorial sea, the seabed, the subsoil,the insular shelves, and other submarine areas. The watersaround, between, and connecting the islands of thearchipelago, regardless of their breadth and dimensions, formpart of the internal waters of the Philippines.The national territory of the Philippines comprises:
1)the Philippine archipelago2)all other territories over which the Philippines has sovereignty or jurisdiction
Philippine Archipelago
– that body of water studded with islandswhich 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 itsa.Terrestrial
 
b.Fluvialc.Aerial domains
-
including itsa.Territorial seab.The seabedc.The subsoild.The insular shelves; ande.The other submarine areas
Internal Water
– the waters around, between and connecting theisland of the archipelago, regardless of their breath and dimensions.
All other Territories over which the Philippines has sovereigntyor jurisdiction
– includes any territory that presently belongs or mightin the future belong to the Philippines through any of the acceptedinternational 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 pointson the coast without departing to any appreciable extent from thegeneral direction of the coast.
Important distances with respect to the waters around thePhilippines
 Territorial SeaContiguous ZoneExclusive Economic Zone12 nautical miles (n.m.)12 n.m. from the edge of theterritorial sea200 n.m. from the baseline(Includes T.S. and C.Z.)
Note:
There can be a Continental Shelf without an EEZ, but not anEEZ without a Continental Shelf.
Territorial Sea
 
the belt of the sea located between the coast andinternal waters of the coastal state on the one hand, and the high season the other, extending up to 12 nautical miles from the low watermark. (LOS)
Contiguous Zone
extends up to 12 nautical miles from theterritorial sea. Although not part of the territory, the coastal State may

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