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Political Law Reviewer UP Sigma Rho

Political Law Reviewer UP Sigma Rho

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Published by Kalem Petronio

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Published by: Kalem Petronio on Jul 11, 2011
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1
POLITICAL LAW REVIEWER2003
“LEAVE NO MAN BEHIND”
-
 SANDOVAL
 This reviewer is based on the
2003 BAR REVIEW LECTURE OUTLINE
(Political Law andPublic International Law [April 2003]) of 
Atty. EDWIN REY SANDOVAL
with hispermission.
- Compiled by Rene Callanta, Babut Bacena, Joy Tablatin -
POLITICAL LAW
Political Law defined
 That branch of public law which deals with the organization and operation of thegovernment organs of the state and defines the relations of the state with theinhabitants of its territory.
Macariola v Asuncion, 114 SCRA 77 (1982)
Political law has been defined as that branch of public law w/c deals w/ the organizationand operation of the governmental organs of the State and defines the relationsof the state w/ the inhabitants of its territory.
Scope of Political Law.--
The entire field of political law may be subdivided into (a)the law of public administration, (b) constitutional law, (c) administrative law,and (d) the law of public corporations. These four subdivisions may be brieflydescribed for the time being, as follows: The first deals with the organization andmanagement of the different branches of the government; the second, with theguaranties of the constitution to individual rights and the limitations ongovernmental action; the third, with the exercise of executive power in themaking of rules and the decision of questions affecting private rights; and thelast, with governmental agencies for local government or for other specialpurposes.
THE NATIONAL TERRITORY 
 Art. I, 1987 Constitution
 The national territory comprises the Philippine archipelago, with allthe islands and waters embraced therein, and all other territoriesover which the Philippines has sovereignty or jurisdiction,consisting of its terrestrial, fluvial, and aerial domains, including itsterritorial sea, the seabed, the subsoil, the insular shelves, andother submarine areas. The waters around, between, andconnecting the islands of the archipelago, regardless of theirbreadth and dimensions, form part of the internal waters of thePhilippines.
 ADLESD 2011
 
2
The Philippine Archipelago
Basis of Art. 1 of the 1987 Constitution
 [PIL, I. Cruz]
1-All the waters within the limits set forth in the:a)
Treaty of Paris of December 10, 1898 (Cession of thePhilippine Islands by Spain to the U.S.),
b)
between Spain and U.S., The Treaty of Spain and U.S. at Washington, November 1, 1900 (Cagayan, Sulu & Sibuto),
c)
Treaty between U.S. and Great Britain, January 2, 1930(Turtle and Mangsee Islands);
2-All the waters around, between and connecting the various islands of the Philippine Archipelago, irrespective of their width or dimension,have always been considered as necessary appurtenances of the landterritory, forming part of the inland or internal waters of thePhilippines;3-All the waters beyond the outermost islands of the archipelago butwithin the limits of the boundaries set forth in the aforementionedtreaties comprise the territorial sea of the Philippines.
4-
 The baselines from which the territorial sea of the Philippines isdetermined consist of straight lines joining the appropriate points of the outermost islands of the archipelago
(straight baselinemethod)
; The definition of the baselines of the territorial sea of the Philippinearchipelago is without prejudice to the delineation of the baselines of theterritorial sea around the territory of Sabah, situated in North Borneo, overwhich the Republic of the Philippines has acquired dominion and sovereignty.
ARCHIPELAGIC DOCTRINE
> Outermost points of the archipelago shall be connected by straight baselines and allislands and waters therein are regarded as one integrated unit
Treaty Limits
(Treaty of Paris, Art. III; Treaty between Spain and the USconcluded at Washington DC, on November 7, 1900 and that between US andGreat Britain on January 2, 1930)1. Treaty of Paris of 10 December 1898.Article 3 defines the metes and bounds of the archipelago by longitudeand latitude, degrees and seconds. Technical descriptions are made of thescope of the archipelago as this may be found on the surface of the earth.2. Treaty of Washington of 7 November 1900 between the United States andSpain.Ceding Cagayan, Sibuto and Sulu.3. Treaty of 2 January 1930 between the United States and Great Britain.Ceding the Turtle and Mangsee Islands.
ϑ
 The SPRATLEY’S group of islands is not a part of the Philippinearchipelago but it is a part of our national territory. It belongs to the
 ADLESD 2011
 
32
nd
part of the composition of the national territory
[
…All other territoriesover which the Philippines has sovereignty or jurisdiction
]
P.D. No. 1596
(Declaring Certain Areas Part of the Philippine Territory andProviding for Their Government and Administration), promulgated on June 11,1978.
PRESIDENTIAL DECREE NO. 1596DECLARING CERTAIN AREA PART OF THE PHILIPPINE TERRITORY ANDPROVIDING FOR THEIR GOVERNMENT AND ADMINISTRATION
WHEREAS, by reason of their proximity the cluster of islands and islets in theSouth China Sea situated within the following:
KALAYAAN ISLAND GROUP
From a point [on the Philippine Treaty Limits] at latitude 7º40' North andlongitude 116º00 East of Greenwich, thence due West along the parallel of 7º40' N to its intersection with the meridian of longitude 112º10' E, thencedue north along the meridian of 112º10' E to its intersection with the parallelof 9º00' N, thence northeastward to the intersection of parallel of 12º00' Nwith the meridian of longitude 114º30' E, thence, due East along the parallelof 12º00' N to its intersection with the meridian of 118º00' E, thence, dueSouth along the meridian of longitude 118º00' E to its intersection with theparallel of 10º00' N, thence Southwestwards to the point of beginning at 7º40'N, latitude and 116º00' E longitude are vital to the security and economicsurvival of the Philippines;WHEREAS, these areas do not legally belong to any state or nation but, byreason of history, indispensable need, and effective occupation and controlestablished in accordance with the international law, such areas must nowdeemed to belong and subject to the sovereignty of the Philippines;WHEREAS, while other states have laid claims to some of these areas, theirclaims have lapsed by abandonment and can not prevail over that of thePhilippines on legal, historical, and equitable grounds.NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, byvirtue of the powers in me vested by the Constitution, do hereby decree asfollows:
P.D. No. 1599
(Establishing an Exclusive Economic Zone and For OtherPurposes), promulgated on June 11, 1978. There is established an
exclusive economic zone
extending
"to adistance of two hundred nautical miles beyond and from thebaselines from which the territorial sea is measured
.
Provided, That 
,where the outer limits of the zone as thus determined overlap the exclusiveeconomic zone of an adjacent or neighboring state, the common boundariesshall be determined by agreement with the state concerned or in accordancewith pertinent generally recognized principles or international law ondelimitation." (Sec. 1 thereof.)Other states shall enjoy in the exclusive economic zone freedoms withrespect to navigations and overflight, the laying of submarine cables and
 ADLESD 2011

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