MIDTERM NOTES CONSTI LAW Our present government is neither de facto or de jure.

re. We can only invoke de facto or de jure government if there are two contesting government as in the case of other states. If theres no contesting government then theres no point in talking about these 2 kinds of government. De jure government of exile De facto revolutionary government February 2, 1987 1987 Constitution took effect. State it has no fixed definition. (page 15, 14 Cruz) Four Elements of State: 1. Territory must be fixed 2. People self-sufficient; continues to exist in state; should be both male and female 3. Government any form of government; it must be organized as to command obedience from its inhabitants; it is part of internal sovereignty which means state is able to command obedience from people. 4. Sovereignty could be internal or external sovereignty. External sovereignty includes freedom from external control, both domestic and external affairs. Territorial Jurisdiction presupposes jurisdiction over territory or authority over state. Territory consist of terrestrial domain (land mass), fluvial domain (inland mass), aerial domain (space above territory), maritime domain (archipelagic or non-archipelagic state) Archipelago/Archipelagic Doctrine ABC, around, between and connecting the outermost points of our archipelago with straight baselines and consider all the waters enclosed thereby as internal waters. The entire archipelago is regarded as one integrated unit instead of being fragmented into so many thousand islands. 3 kinds of Internal waters lakes, bays, archipelagic waters Based on UNCLOS United Nations on the Laws on the Sea.

Protective jurisdiction includes customs, fiscal, immigration and sanitary Innocent passage passage not prejudicial to the interest of the coastal state pr contrary to recognized principles of international law. How do we define internal waters? There is a problem.1. No mention that it is part of the archipelagic waters. 2. It prohibits innocent passage in archipelagic waters. Archipelagic waters waters outside the straight baseline. Still inside the archipelago. They are thus called archipelagic waters to prevent the occurrence of High Seas within archipelago. (UNCLOS).