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Consti Reviewer

Consti Reviewer

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Published by Joyce Botabara

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Published by: Joyce Botabara on Oct 12, 2011
Copyright:Attribution Non-commercial


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ARTICLE I: National Territory
 Territorial waters, or a territorial sea, as defined by the 1982United Nations Convention on the Law of the Sea[1], is a belt of coastal waters extending at most twelvenautical miles from thebaseline (usually the mean low-water mark) of acoastal state . The territorial sea is regarded as the sovereign territory of the state, although foreign ships (both military andcivilian) are allowedinnocent passagethrough it; this sovereignty also extends to theairspace over and seabed below. The term "territorial waters" is also sometimes used informally to describe any area of waterover which a state has jurisdiction, includinginternal waters, the contiguous zone, the exclusive economic zoneand potentially thecontinental shelf . BASELINE: Normally, the baseline from which the territorial sea is measured is the low-waterline 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 unlimiteddistance from permanently exposed land, provided that some portion of elevations exposedat 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 fringingislands along a coast, across the mouths of rivers, or with certain restrictions across themouths of bays. In this case, a bay is defined as "a well-marked indentation whosepenetration is in such proportion to the width of its mouth as to contain land-locked watersand constitute more than a mere curvature of the coast. An indentation shall not, however, beregarded as a bay unless its area is as large as, or larger than, that of the semi-circle whosediameter is a line drawn across the mouth of that indentation". The baseline across the baymust also be no more than 24 nautical miles (44 km) in length.INTERNAL WATERS: Waters landward of the baseline are defined asinternal waters, overwhich the state has complete jurisdiction: not even innocent passage is allowed. Lakes andrivers are considered internal waters, as are all "archipelagic waters" within the outermostislands of an archipelagic state such asIndonesiaor thePhilippines.  TERRITORIAL SEA: A state's territorial sea extends up to 12 nautical miles (22 km) from itsbaseline. If this would overlap with another state's territorial sea, the border is taken as themedian point between the states' baselines, unless the states in question agree otherwise. Astate can also choose to claim a smaller territorial sea.Conflicts still occur whenever a coastal nation claims an entire gulf as its territorial waterswhile other nations only recognize the more restrictive definitions of the UN convention. Tworecent conflicts occurred in theGulf of Sidrawhere Libya has claimed the entire gulf as itsterritorial waters and the U.S. has twice enforcedfreedom of navigationrights (Gulf of Sidra  incident (1981),Gulf of Sidra incident (1989)). CONTIGUOUS ZONE: The contiguous zone is a band of water extending from the outer edge of the territorial sea to up to 24 nautical miles (44 km) from the baseline, within which a statecan exert limited control for the purpose of preventing or punishing "infringement of itscustoms, fiscal, immigration or sanitary laws and regulations within its territory or territorialsea". This will typically be 12 nautical miles (22 km) wide, but could be more (if a state haschosen to claim a territorial sea of less than 12 nautical miles), or less, if it would otherwiseoverlap another state's contiguous zone. However, unlike the territorial sea there is nostandard rule for resolving such conflicts, and the states in question must negotiate their owncompromise. TheUnited Statesinvoked a contiguous zone on24 September 1999.[2] CONTINENTAL SHELF: Article 76[4]gives the legal definition of continental shelf of coastalcountries. For the physical geography definition, see thecontinental shelf page. The continental shelf of a coastal nation extends out to the outer edge of thecontinental marginbut at least 200 nautical miles (370 km) from the baselines of the territorial sea if the
continental margin does not stretch that far. The outer limit of a country's continental shelf shall not stretch beyond 350 nautical miles (648 km) of the baseline, or beyond 100 nauticalmiles (185 km) from the 2,500 meterisobath, which is a line connecting the depths of theseabed 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) apart where thethickness of sedimentary rocks is at least 1% of the height of the continental shelf above the foot of the continental slope; ora series of lines joining points not more than 60 nautical miles apart that is not more than 60nautical 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 known as theextended continental shelf. Countries wishing to delimit their outer continental shelf beyond200 nautical miles have to submit information on their claim to the Commission on the Limitsof the Continental Shelf. The Commission must make recommendations on matters related tothe establishment of the outer limits of their continental shelf. The limits established based onthese recommendations shall be final and binding.Countries were supposed to lodge their submissions to extend their continental shelf beyond200 nautical miles within 10 years of UNCLOS coming into force in the country, or by 13 May2009 for countries where the convention had come into force before 13 May 1999. As of 1 June 2009, 51 submissions have been lodged with the Commission, of which 8 have beendeliberated by the Commission and have had recommendations issued. The 8 are (in theorder of date of submission): Russian Federation; Brazil; Australia; Ireland; New Zealand; the joint submission by France, Ireland, Spain and the United Kingdom; Norway and Mexico. Acoastal nation has control of all resources on or under its continental shelf, living or not, butno control over any living organisms above the shelf that are beyond its exclusive economiczone. This gives it the right to conduct petroleum drilling works and lay submarine cables orpipelines 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 entity through whichthe function of the government are exercised as an attribute of sovereignty, and in this areincluded those arms to the government through w/c political authority is made effectivewhether they be provincial, municipal or other form of local government. These are what wecall municipal corporations. They do not include government entities which are given acorporate personality separate and distinct from the government and which are governed bythe Corporation law. Their powers, duties and liabilities have to be determined in the light of that law and their corporate charters.
Governmental functions:1)constituent – the very bonds of society and are compulsory
2)ministrant undertaken only by way of advancing the general interest of society;optional.Land reform program governmental function and cannot be undertaken by any privateenterprise (no capacity).
Government to provide for general welfare. Government entrusted to be responsible forcoping with social and economic problems with commensurate power of control overeconomic affairs: live up to commitment of promoting general welfare through state action.
Republic vs. Judge of CFI Rizal
 The rice and Corn Administration is a government agency without a distinct and separatelegal 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 agiven period, either fixed by law or enduring at the pleasure of the creating power, anindividual is vested with some portion of sovereign functions of the government, to beexercised by him for the benefit of the public.Office (distinguished from employment or contract) – the creation and conferring of an officeinvolves 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 sovereign function of the country, eitherlegislative, executive or judicial, attaches, for the time being, to be exercised for the publicbenefit.
GOCC – a stock or non-stock corporation, vested with functions relating to the public needswhether governmental or proprietary in nature, and owned by the government directly orthrough its instrumentalities either wholly, or where applicable (for stock corps.), to the extentof at least 51% of its capital stock.(MIAA as a government instrumentality) Instrumentality defined as any agency of theNational Government, not integrated within the department framework, vested with specialfunctions or jurisdiction by law, endowed with some if not all corporate powers, administeringspecial funds, and enjoying operational autonomy, usually through a charter.
Ramiscal vs. Sandiganbayan
AFP-RSBS – a GOCC and its funds are in the nature of public funds. Sandiganbayan has jurisdiction over offenses committed by presidents, directors, trustees or managers of GOCCs.What charges to file, and who are to be charged are matters addressed to the discretion of the Ombudsman.
Alzaga vs. Sandiganbayan
 The character and operations of the AFP-RSBS are imbued with public interest thus the sameis a government entity and its funds are in the nature of public funds. (similar to the GSIS)
GOCCs are subject to the control or supervision of the State (unlike PSPCA). A juridical entityimpressed with public interest does not make the entity a public corporation. The truecriterion to determine whether a corporation is public or private is found in the totality of therelation of the corporation to the State. If it is created by the State as its own agency orinstrumentality to help in carrying out its governmental functions, then that corporation isconsidered public; otherwise, it is private.
Serana vs. Sandiganbayan

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