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