1987 CONSTITUTION

Pat Ray M. Dagapioso March 2012

HISTORY of the PHILIPPINE CONSTITUTION

History
• April 23, 1986 – President Aquino issued Proclamation no. 9 that had created the Constitutional Commission of 1986 • October 12, 1986 – after 133 days of work, the Constitution was approved by the members of the Commission • February 2, 1987 – the constitution was ratified in a plebiscite.

IMPORTANCE

Contents
• The Constitution is the supreme law of the land. • As law is defined as a mode of social control through systematic application of force, the constitution therefore is a mode and instrument of social control too. • It contains the highest goals of the land.

PREAMBLE

Preamble
• We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

What is a Preamble?

Preamble
• From the Latin word, “preambulare” = “to walk before” • The prologue of the Constitution and it introduces the main subject. • Not as powerful as other sections in the Constitution, as it confers:
– 1. no right – 2. no obligation – 3. not a source of right

Importance of the Preamble

Importance of the Preamble
• It sets down origin and purposes. • It tells us who are the authors, and for whom the Constitution is for. • It states the general purpose. • May serve as an aid in interpretation.

ARTICLE 1

National Territory

Article 1
• The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

Article 1
• Article 1 houses and fixes the territorial limits of the Philippines. • Territorial limits are necessary for nation-states to make other nation-states to be well-informed of each toher’s jurisdiction over a certain territory.
“Jurisdiction is the extent or range of judicial, law enforcement, or other authority”

• Territorial limits avoid territorial conflict.

Falklands War of 1982

Falklands War of 1982
• The Falklands War began on Friday 2 April 1982, when Argentine forces invaded and occupied the Falkland Islands and South Georgia. • The British government dispatched a naval task force to engage the Argentine Navy and Air Force, and retake the islands by amphibious assault. • The resulting conflict lasted 74 days and ended with the Argentine surrender on 14 June 1982, which returned the islands to British control. • 649 Argentine military personnel, 255 British military personnel and three Falkland Islanders died during the conflict.

Article 1
• Philippine National Territory includes:
– A. The Philippine Archipelago, islands and waters therein – B. All other territories which the Philippines has jurisdiction – C. Terrestrial, fluvial and aerial domains – D. Internal Waters – E. Territories ceded to the United States by the virtue of Treaty of Paris in Dec. 10, 1898

Article 1
• Philippine National Territory includes:
– F. Territories ceded by the virtue of the US-Spain Peace Treaty of 1900, specifically the islands of Cagayan, Sulu and Sibuto – G. Territories ceded by the virtue of the Us-UK Treaty of 1930, specifically of Turtle and Mangsee Island – H. Batanes, an island belonging to the Philippines by historic or legal title

Components of Territory
• 1. Terrestrial Domain
– Or the land mass

• 2. Maritime and Fluvial Domain
– Inland and External Waters

• 3. Aerial Domain
– Airspace above the land and waters

Areas Included in the Philippine Archipelago
• • • • • 1. Territorial Sea 2. Seabed 3. Sub-soil 4. Insular Shelves 5. Other Submarine Areas

Areas Included in the Philippine Archipelago
• 1. Territorial Sea
– Part of the sea extending 12 nautical miles from the low-watermark.
1 nautical mile = 1,852 metres (approximately 6,076 feet)

• 2. Seabed
– Land that holds the sea, includes mineral and natural resources

• 3. Sub-soil
– Everything beneath the surface of the soil and seabed.

Areas Included in the Philippine Archipelago
• 3. Sub-soil
– Everything beneath the surface of the soil and seabed

• 4. Insular Shelves
– Submerged portions of a continent or offshore islands, which slope gently seaward.

• 5. Other Submarine Areas
– All areas under territorial sea.

Philippine Waters
• • • • • 1. Internal Waters 2. Territorial Waters 3. Contiguous Zone 4. 200 miles Exclusive Economic Zone 5. High Seas

Philippine Waters

Philippine Waters
• 1. Internal Waters
– Parts of the sea within land territory. – Rivers, canals, lake, creeks.

• 2. Territorial Waters
– Belt of waters outside and parallel to the coastline.

• 3. Contiguous Zone
– Part of the sea extending 24 nautical miles from low watermarks. – Law enforcers can board, inspect, search and seize foreign vessels if they are violative of our laws.

Philippine Waters
• 4. 200 miles Exclusive Economic Zones
– Part of the sea extending 200 nautical miles from low watermark. – Area where preservation, exploration and exploitation of aquatic and other marine resources is reserved to Filipinos.

• 5. High Seas
– International Waters. – Lie seaward to the territorial sea. – Owned in common by all states.

What is Archipelagic Doctrine?

Archipelagic Doctrine
• Archipelagic Doctrine means the integration of group of island to the sea and their oneness so that they constitute one unit. • This is done by joining appropriate points of the outermost islands of the archipelago with straight lines and all the waters and islands enclosed within the base line form part of the territory of the Archipelagic states.

Archipelagic Doctrine

Archipelagic Doctrine

Can a State Acquire New Territories?

New Territories
• Yes. • States can acquire new territories by:
– A. cession – B. occupation – C. accretion – D. conquest – E. prescription

The End

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