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
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)
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.
In contrast, Section 25, Article XVIII is a special provision that
applies to treaties which involve the presence of foreign military
bases, troops or facilities in the Philippines. Under this provision,
the concurrence of the Senate is only one of the requisites to
render compliance with the constitutional requirements and to
consider the agreement binding on the Philippines. Section 25,
Article XVIII further requires that "foreign military bases, troops,
or facilities" may be allowed in the Philippines only by virtue of a
treaty duly concurred in by the Senate, ratified by a majority of
the votes cast in a national referendum held for that purpose if
so required by Congress, and recognized as such by the other
contracting state.
• 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.
• Public Land is equivalent to Public Domain.
CASES
iii)
CONSTITUTION
Section 10. The State shall promote social justice in all phases
of national development.
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.
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).