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Political Law

Political Law


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Published by: Chapapa on Jan 30, 2009
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2008 Political Law and Public International Law

Personal Review Notes (taken from various sources: Sandoval lectures, Nachura, Bernas, Cruz, Agpalo, SBC & SSC-R
review materials, www.pinoylaw.net, etc.)

Ma. Luisa Angeles Ramos

5.Judicial acts not of a political complexion of a de facto government established
by the military occupant in an enemy territory is valid under international law
6.Private property seized and used by the enemy in times of war under
circumstances not constituting valid requisition does not become enemy property
and its private ownership is retained, the enemy having acquired only its
temporary use
7.The State has the right to protect itself and its revenues, a right not limited to its
own territory but extending to the high seas
8.Principle of restrictive sovereign immunity
9.Principle in diplomatic law that the receiving state has the special duty to protect
the premises of the diplomatic mission of the sending State
10.The right of a citizen to return to his country

Holy See vs. del Rosario, the Court has declared in an obiter dictum that even without
affirmation in the incorporation clause of the Constitution, “such principles of
international law are deemed as part of the law of the land as a condition and
consequence of our admission in the society of nations,’ under the doctrine of
incorporation. And upon admission in the international society, the state is automatically
obligated to comply with these principles.

DOCTRINE OF TRANSFORMATION—requires the enactment by the legislative body
of such international law principles as are sought to be part of municipal law.

In the case of Laguna Lake Development Authority vs. CA, 231, SCRA 292, it
was held that Section 6, Article II of the Constitution was taken from the Universal
Declaration of Human Rights and the Alma Conference Declaration of 1978 recognizing
health as a fundamental human right. Thus, the authority of the LLDA to issue a cease
and desist order to prevent pollution of Marilao River was upheld on the basis of the
principle of necessary implication.

Provisions of the Constitution which concern International Law

1.Article I—National Territory
2.Article II, Section 2—Incorporation Clause
3.Article II, Section 4—defense of state
4.Article II, Section 7—independent foreign policy
5.Article II, Section 8—freedom from nuclear weapons
6.Article III, Section 6—liberty of abode
7.Article IV—Citizenship

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