Professional Documents
Culture Documents
File No. 1
I. INTRODUCTION
PREAMBLE
1. 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).
2. STATE
b. Territory
ARTICLE I
NATIONAL TERRITORY
- consists of its
a. Terrestrial
b. Fluvial
c. Aerial domains
- including its
a. Territorial sea
b. The seabed
c. The subsoil
d. The insular shelves; and
e. The other submarine areas
Internal Water – the waters around, between and connecting the island
of the archipelago, regardless of their breath and dimensions.
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
the coast without departing to any appreciable extent from the
general direction of the coast.
Territorial Sea – the belt of the sea located between the coast and
internal waters of the coastal state on the one hand, and the high seas
on the other, extending up to 12 nautical miles from the low water mark.
(LOS)
Baselines - is the law-water line along the coast as mark on large scale
charts officially recognized by the coastal State.
A state exercises sovereignty over its territorial sea subject to the right of
innocent passage by other states.
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
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
guarantees equality of treatment to the Chinese nationals ‘upon
the same term as the nationals of any other country. But the
nationals of China are not discriminated against because nationals
of all other countries, except those of the United States, who are
granted special rights by the Constitution, are all prohibited from
engaging in the retail trade. The Retail Trade Nationalization Law
is not unconstitutional because it was passed in the exercise of the
police power which cannot be bargained away through the medium
of a treaty (Ichong vs. Hernandez, 101 Phil 155).
ii) Dominium
Regalian Doctrine – all lands of the public domain belong to the State –
the source of any asserted rights to ownership of land. All lands not
appearing to be clearly of public dominium presumptively belong to the
State.
Public Dominion - are those property intended for public use for public
service. They are outside the commerce of men and therefore not subject
for appropriation.
Note:
Property of public dominion when no longer needed
for public use or public service, shall form part of the patrimonial
property of the state.
CASES
iii)
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
and the development of moral character shall receive the support of
the Government.
Section 13. The State recognizes the vital role of the youth in
nation-building and shall promote and protect their physical, moral,
spiritual, intellectual, and social well-being. It shall inculcate in the
youth patriotism and nationalism, and encourage their involvement
in public and civic affairs.
Section 15. The State shall protect and promote the right to health
of the people and instill health consciousness among them.
Section 16. The State shall protect and advance the right of the
people to a balanced and healthful ecology in accord with the
rhythm and harmony of nature.
Section 17. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and
nationalism, accelerate social progress, and promote total human
liberation and development.
Section 27. The State shall maintain honesty and integrity in the
public service and take positive and effective measures against graft
and corruption.
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).