Professional Documents
Culture Documents
File No. 1
I.
INTRODUCTION
PREAMBLE
POLITICAL LAW
Is that branch of public law which deals with the organization and
operation of the governmental organs of the State and defines the
relations of the state with the inhabitants of its territory (Macariola vs.
Asuncion, 114 SCRA 77).
Constitution the document which serves as the fundamental law of
the state; that written instrument enacted by direct action of the people
by which the fundamental powers of the government are established,
limited and defined, and by which those powers are distributed among
the several departments for their safe and useful exercise for the benefit
of the body politic.
2. STATE
a. Definition, distinguished from nation.
State a community of persons, more or less numerous, permanently
occupying a definite portion of territory, independent of external control,
and possessing a government ti which a great body of the inhabitants
render habitual obedience; a politically organized sovereign community
independent of outside control bound by ties of nationhood, legally
supreme within its territory, acting through a government functioning
under a regime of law (CIR v. Campos Rueda, 42 SCRA 23).
State is a political and geopolitical entity; while, Nation is a
cultural and/ or ethnic entity.
While the distinction may be useful for purposes of political sociology, it
is of little consequence for purpose of constitutional law (Bernas)
b. Territory
ARTICLE I
NATIONAL TERRITORY
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
consists of its
Terrestrial
Fluvial
Aerial domains
a.
b.
c.
d.
e.
including its
Territorial sea
The seabed
The subsoil
The insular shelves; and
The other submarine areas
Internal Water the waters around, between and connecting the island
of the archipelago, regardless of their breath and dimensions.
All other Territories over which the Philippines has sovereignty or
jurisdiction includes any territory that presently belongs or might in
the future belong to the Philippines through any of the accepted
international modes of acquiring territory.
Archipelagic Principle
Two elements:
1. The definition of internal waters (supra)
2. The straight baseline method of delineating the territorial sea
consists of drawing straight lines connecting the outermost points on
Sec. 1-2,
international law as part of the law of the land and adheres to the
policy of peace, equality, justice, freedom, cooperation, and amity
with all nations.
Definition
Aspects
Situs
Essential qualities
CASES
The Court held: Section 21, Article VII deals with treaties or
international agreements in general, in which case, the
concurrence of at least two-thirds (2/3) of all the Members of the
Senate is required to make the subject treaty, or international
agreement, valid and binding on the part of the Philippines. This
provision lays down the general rule on treaties or international
agreements and applies to any form of treaty with a wide variety of
subject matter, such as, but not limited to, extradition or tax
treaties or those economic in nature. All treaties or international
agreements entered into by the Philippines, regardless of subject
matter, coverage, or particular designation or appellation, requires
the concurrence of the Senate to be valid and effective.
Concept
Classes
CASES
d. Prerogatives
STATE POLICIES
Section 7. The State shall pursue an independent foreign policy. In
its relations with other states, the paramount consideration shall be
national sovereignty, territorial integrity, national interest, and the
right to self-determination.
Section 8. The Philippines, consistent with the national interest,
adopts and pursues a policy of freedom from nuclear weapons in its
territory.
CASES
Issue: R.A. No. 1180 violated the UN Charter and the Philippine
Chinese Treaty of Amity, therefore against the principle of Pacta
sunt servanda. The Court held that the Treaty of Amity between
the Republic of the Philippines and the Republic of China
ii)
Dominium
iii)
parens patriae Article II, Secs. 9-28,
CONSTITUTION
Section 9. The State shall promote a just and dynamic social order
that will ensure the prosperity and independence of the nation and
free the people from poverty through policies that provide adequate
social services, promote full employment, a rising standard of living,
and an improved quality of life for all.
Section 10. The State shall promote social justice in all phases of
national development.
Section 11. The State values the dignity of every human person and
guarantees full respect for human rights.
Section 12. The State recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous social
institution. It shall equally protect the life of the mother and the
life of the unborn from conception. The natural and primary right
and duty of parents in the rearing of the youth for civic efficiency
promote
comprehensive
rural
State
shall
ensure
the
autonomy
of
local
CASES
Issue: Whether the CHR has the power to issue the order to
desist against the demolition of Fermo et. al.'s stalls, and to cite
Mayor Simon et. al. for contempt for proceeding to demolish said stalls
despite the CHR order. The Court held as a reiteration in Export
Processing Zone Authority vs CHR that the constitutional provision
directing the CHR to 'provide for preventive measures and legal aid
services to the underprivileged whose human rights have been
violated or need protection' may not be construed to confer
jurisdiction on the Commission to issue a restraining order or writ of
injunction for, if that were the intention, the Constitution would have
expressly said so. Jurisdiction is conferred only by the Constitution
of by law. It is never derived by implication. Not being a court of
justice, the CHR has no jurisdiction to issue the writ, for a writ of
preliminary injunction may only be issued by the judge of any court in
which the action is pending, or by a Justice of the Court of Appeals,
or of the Supreme Court (Simon vs CHR, GR No. 100150, January 5, 1994).