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Constitutional Law

Constitutional Law

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Published by pinkbucket
constituional law reviewer
constituional law reviewer

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Published by: pinkbucket on Dec 30, 2008
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10/24/2012

 
1
POLITICAL LAW (C
ONSTITUTIONAL
L
AW
)REVIEWER & MEMORY AIDA
TENEO
C
ENTRAL
B
AR
O
PERATIONS
2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald 
 
ARTICLE I – THE NATIONAL TERRITORY
The national territory of the Philippines comprises:1.The Philippine archipelago2.With all the islands and waters embraced therein3.And all other territories over which the Philippines has sovereignty or  jurisdiction4.Consisting of its
a.
T
errestrial
b.
F
luvial; and
CODE: TFA
c.
A
erial domains5.Including its
a.
T
erritorial sea
b.
The
s
eabed
c.
The
s
ubsoil
CODE: TSSIO
d.
The
i
nsular shelves; and
e.
The
o
ther submarine areas6.The waters
a.
A
round
b.
B
etween and
c.
C
onnecting
d.
The
i
slands of the archipelago
CODE: ABCI
Regardless of their breadth and dimensionsForm part of the INTERNAL WATERS of the Philippines
Definition of Archipelago
An archipelago is a body of water studded with islands. The Philippine archipelagois 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 of Great Britain(1930).
Definition of “all other territories over which the Philippines has sovereignty or  jurisdiction”
It includes any territory that presently belongs or might in the future belong to thePhilippines through any of the internationally accepted modes of acquiring territory.
Archipelagic principle
Two elements:1.The definition of internal waters (as provided above);
2.
The
straight baseline method 
of delineating the territorial sea – consists of drawing straight lines connecting appropriate points on the coast withoutdeparting to any appreciable extent from the general direction of the coast.
Important distances with respect to the waters around the Philippines
1. Territorial sea -12 nautical miles (n.m.)2. Contiguous zone-12 n.m. from the edge of the territorial sea3. Exclusive economic zone -200 n.m. from the baseline [includes (1) and (2)]
 
2
POLITICAL LAW (C
ONSTITUTIONAL
L
AW
)REVIEWER & MEMORY AIDA
TENEO
C
ENTRAL
B
AR
O
PERATIONS
2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald 
 
 
3
POLITICAL LAW (C
ONSTITUTIONAL
L
AW
)REVIEWER & MEMORY AIDA
TENEO
C
ENTRAL
B
AR
O
PERATIONS
2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald 
 
ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES
Selected principles
S
EC
1. The Philippines is a democratic and republican State. Sovereignty residesin the people and all government authority emanates from them.Elements of a State (for municipal law purposes) CODE: PTSG
1.
A community of persons, more or less numerous (
P
EOPLE)
2.
Permanently occupying a definite portion of territory (
T
ERRITORY)
3.
Independent of external control (
S
OVEREIGNTY)
4.
Possessing an organized government to which the great body of inhabitants render habitual obedience (
G
OVERNMENT)
Definition of “People” CODE: CNCH
1.
A
C
ommunity of persons;
2.
Sufficient in
N
umber;
3.
C
apable of maintaining the continued existence of the community; and
4.
H
eld together by a common bond of law.
Definition of “Sovereignty”
1.LEGAL sovereigntya.The supreme power to make law.b.It is lodged in the people.2.POLITICAL sovereigntya.The sum total of all the influences in a state,b.Legal and non-legal,c.Which determine the course of law.
3.
According to the
Principle of AUTO-LIMITATION 
:Sovereignty is the property of the state-force due to which it has the exclusivecapacity of legal self-determination and self-restriction.
Definition of “Government”
1.That institution or aggregate of institutions2.by which an independent society3.makes and carries out those rules of action4.which are necessary to enable men to live in a social state5.or which are imposed upon the people forming that society by those who possessthe power or authority of prescribing them.
Classification of governments
1.
De jure
- one established by the authority of the legitimate sovereign2.
De facto
- one established in defiance of the legitimate sovereign

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