Read without ads and support Scribd by becoming a Scribd Premium Reader.
See Premium Plans
 
ARTICLE I: National Territory
Territorial waters, or a territorial sea, as defined by the 1982United NationsConvention on the Law of the Sea[1],is a belt of coastal waters extending at most twelve nautical miles from the baseline (usually the mean low-water mark) of a coastalstate . The territorial sea is regarded as the sovereign territory of the state, although foreign ships (both military and civilian) are allowed innocent passage  through it; this sovereignty also extends to the airspace over and seabed below.The term "territorial waters" is also sometimes used informally to describe any area of water over which a state has jurisdiction,includinginternal waters,the contiguous zone, the exclusive economic zoneand potentially the continental shelf .  BASELINE: Normally, the baseline from which the territorial sea is measured is thelow-water line along the coast as marked on large-scale charts officially recognized by the coastal state. This is either the low-water mark closest to the shore, or alternatively it may be an unlimited distance from permanently exposed land, provided that some portion of elevations exposed at low tide but covered at high tide(like mud flats) is within 12 nautical miles (22 km) of permanently exposed land.Straight baselines can alternatively be defined connecting fringing islands along acoast, across the mouths of rivers, or with certain restrictions across the mouths of  bays. In this case, a bay is defined as "a well-marked indentation whose penetration isin such proportion to the width of its mouth as to contain land-locked waters andconstitute more than a mere curvature of the coast. An indentation shall not, however, be regarded as a bay unless its area is as large as, or larger than, that of the semi-circlewhose diameter is a line drawn across the mouth of that indentation". The baselineacross the bay must also be no more than 24 nautical miles (44 km) in length.INTERNAL WATERS: Waters landward of the baseline are defined asinternal waters, over which the state has complete jurisdiction: not even innocent passage isallowed. Lakes and rivers are considered internal waters, as are all "archipelagicwaters" within the outermost islands of an archipelagic state such asIndonesia or the Philippines.TERRITORIAL SEA: A state's territorial sea extends up to 12 nautical miles (22 km)from its baseline. If this would overlap with another state's territorial sea, the border istaken as the median point between the states' baselines, unless the states in questionagree otherwise. A state can also choose to claim a smaller territorial sea.Conflicts still occur whenever a coastal nation claims an entire gulf as its territorialwaters while other nations only recognize the more restrictive definitions of the UNconvention. Two recent conflicts occurred in theGulf of Sidra where Libya has claimed the entire gulf as its territorial waters and the U.S. has twice enforcedfreedom of navigation rights (Gulf of Sidra incident (1981), Gulf of Sidra incident  (1989)
 
).CONTIGUOUS ZONE: The contiguous zone is a band of water extending from theouter edge of the territorial sea to up to 24 nautical miles (44 km) from the baseline,within which a state can exert limited control for the purpose of preventing or  punishing "infringement of its customs, fiscal, immigration or sanitary laws andregulations within its territory or territorial sea". This will typically be 12 nauticalmiles (22 km) wide, but could be more (if a state has chosen to claim a territorial seaof less than 12 nautical miles), or less, if it would otherwise overlap another state'scontiguous zone. However, unlike the territorial sea there is no standard rule for resolving such conflicts, and the states in question must negotiate their owncompromise. TheUnited Statesinvoked a contiguous zone on 24 September  1999.[2] CONTINENTAL SHELF: Article 76[4]gives the legal definition of continental shelf of coastal countries. For the physical geography definition, see thecontinental shelf   page.The continental shelf of a coastal nation extends out to the outer edge of thecontinental margin  but at least 200 nautical miles (370 km) from the baselines of theterritorial sea if the continental margin does not stretch that far. The outer limit of acountry's continental shelf shall not stretch beyond 350 nautical miles (648 km) of the baseline, or beyond 100 nautical miles (185 km) from the 2,500 meter  isobath,which is a line connecting the depths of the seabed at 2,500 meters.The outer edge of the continental margin for the purposes of this article is defined as:a series of lines joining points not more than 60 nautical miles (111 km) apartwhere the thickness of sedimentary rocks is at least 1% of the height of thecontinental shelf above the foot of the continental slope; or a series of lines joining points not more than 60 nautical miles apart that is not
 
more than 60 nautical miles from the foot of the continental margin.The foot of the continental slope is determined as the point of maximum change in thegradient at its base.The portion of the continental shelf beyond the 200 nautical mile limit is also knownas the extended continental shelf. Countries wishing to delimit their outer continentalshelf beyond 200 nautical miles have to submit information on their claim to theCommission on the Limits of the Continental Shelf. The Commission must makerecommendations on matters related to the establishment of the outer limits of their continental shelf. The limits established based on these recommendations shall befinal and binding.Countries were supposed to lodge their submissions to extend their continental shelf  beyond 200 nautical miles within 10 years of UNCLOS coming into force in thecountry, or by 13 May 2009 for countries where the convention had come into force before 13 May 1999. As of 1 June 2009, 51 submissions have been lodged with theCommission, of which 8 have been deliberated by the Commission and have hadrecommendations issued. The 8 are (in the order of date of submission): RussianFederation; Brazil; Australia; Ireland; New Zealand; the joint submission by France,Ireland, Spain and the United Kingdom; Norway and Mexico. A coastal nation hascontrol of all resources on or under its continental shelf, living or not, but no controlover any living organisms above the shelf that are beyond its exclusive economiczone. This gives it the right to conduct petroleum drilling works and lay submarinecables or pipelines in its continental shelf.
Article IISection 1: Philippines as a democratic and republican StateBacani vs. NACOCO
Government Functions: (revised Admin. Code) refers only to government entitythrough which the function of the government are exercised as an attribute of sovereignty, and in this are included those arms to the government through w/c political authority is made effective whether they be provincial, municipal or other form of local government. These are what we call municipal corporations. They donot include government entities which are given a corporate personality separate anddistinct from the government and which are governed by the Corporation law. Their  powers, duties and liabilities have to be determined in the light of that law and their corporate charters.
ACCFA vs. CUGCO
Governmental functions:1)constituent – the very bonds of society and are compulsory2)ministrant – undertaken only by way of advancing the general interest of society; optional.Land reform program – governmental function and cannot be undertaken by any private enterprise (no capacity).
PVTA vs. CIR 
Government to provide for general welfare. Government entrusted to be responsiblefor coping with social and economic problems with commensurate power of controlover economic affairs: live up to commitment of promoting general welfare throughstate action.
Republic vs. Judge of CFI Rizal
The rice and Corn Administration is a government agency without a distinct andseparate legal personality from that of the Republic of the Philippines.
VFP vs. Reyes
Public Office – the right, authority and duty, created and conferred by law, by which,for a given period, either fixed by law or enduring at the pleasure of the creating power, an individual is vested with some portion of sovereign functions of thegovernment, to be exercised by him for the benefit of the public.Office (distinguished from employment or contract) – the creation and conferring of an office involves a delegation to the individual of some of the sovereign functions of the government, for the benefit of the public; that some portion of the sovereignfunction of the country, either legislative, executive or judicial, attaches, for the time being, to be exercised for the public benefit.
MIAA vs. CA
 
GOCC – a stock or non-stock corporation, vested with functions relating to the publicneeds whether governmental or proprietary in nature, and owned by the governmentdirectly or through its instrumentalities either wholly, or where applicable (for stock corps.), to the extent of at least 51% of its capital stock.(MIAA as a government instrumentality) Instrumentality – defined as any agency of the National Government, not integrated within the department framework, vestedwith special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy, usuallythrough a charter.
Ramiscal vs. Sandiganbayan
AFP-RSBS – a GOCC and its funds are in the nature of public funds. Sandiganbayanhas jurisdiction over offenses committed by presidents, directors, trustees or managersof GOCCs. What charges to file, and who are to be charged are matters addressed tothe discretion of the Ombudsman.
Alzaga vs. Sandiganbayan
The character and operations of the AFP-RSBS are imbued with public interest thusthe same is a government entity and its funds are in the nature of public funds.(similar to the GSIS)
PSPCA vs. COA
GOCCs are subject to the control or supervision of the State (unlike PSPCA). A juridical entity impressed with public interest does not make the entity a publiccorporation. The true criterion to determine whether a corporation is public or privateis found in the totality of the relation of the corporation to the State. If it is created bythe State as its own agency or instrumentality to help in carrying out its governmentalfunctions, then that corporation is considered public; otherwise, it is private.
Serana vs. Sandiganbayan
A UP Student Regent is a public officer. It is not a natural right. It exists, when itexists at all only because and by virtue of some law expressly or impliedly creating or conferring it. Compensation is not an essential element of public office. It is merelyincidental to the public office. Delegation of sovereign functions is essential in publicoffice. An investment on an individual of some portion of the sovereign functions of the government, to be exercised by him for the benefit of the public makes one a public officer. The administration of UP is a sovereign function of the State. (Art.XIV)
De Jure and De Facto GovernmentCo Kim Cham vs. Valdez Tan Keh
Kinds of de facto government: 1) government that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal government andmaintains itself against the will of the latter (like England under the Commonwealth);2) established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which is denominated a government of paramountforce (like Castine in Maine and Tampico, Mexico); 3) established as an independentgovernment by the inhabitants of a country who rise in insurrection against the parentState (like the Southern Confederacy).Distinguishing characteristics of the 2
nd
kind of de facto government: 1) its existenceis maintained by active military power within the territories and against the rightfulauthority of an established and lawful government; 2) while it exists it mustnecessarily be obeyed in civil matters by private citizens who, by acts of obediencerendered in submission to such force, do not become responsible, as wrongdoers, for those acts, though not warranted by the laws of the rightful government.
Letter of Associate justice Puno
Revolution – the complete overthrow of the established government in any country or state by those who were previously subject to it.; sudden, radical and fundamentalchange in the government or political system, usually effected with violence or atleast some acts of violence; occurs whenever the legal order of a community isnullified and replaced by a new order… away not prescribed by the first order itself.The Aquino government was revolutionary government due to the fact that it wasestablished in defiance of the existing legal processes. It was a revamp of theJudiciary and the Military signaled the point when the legal system then in effect, hadceased to be obeyed by the Filipino. (De Facto Government).
People vs. Gozo
The Philippines has authority over its entire domain. There is no portion of it that is beyond its power. Within its limits, its decrees are supreme, its commands paramount.Its laws govern therein and apply to all. The extent of its jurisdiction is both territorialand personal. A State may allow another to participate in the exercise of jurisdictionalright over certain portions of its territory (auto-limitation) but these areas do not retain
Search
Search History:
Searching...
Result 00 of 00
00 results for result for
  • p.
    • Notes
    Load more