GROUP 4 REPORT

 Emmanuel Samin
 Alexander Padilla
 Ranilo Lao
Expanded Jurisdiction – art VIII sec 1 para 2
 determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.

Martial law sufficiency of factual basis.

 The President shall be the Commander-in-Chief of all armed forces

of the Philippines and whenever it becomes necessary, he may call
out such armed forces to prevent or suppress lawless violence,
invasion, or rebellion. In case of invasion or rebellion, when the
public safety requires it, he may, for a period not exceeding sixty
days, suspend the privilege of the writ of habeas corpus or place the
Philippines or any part thereof under martial law
 Within forty-eight hours from the proclamation of martial law or the
suspension of the privilege of the writ of habeas corpus, the
President shall submit a report in person or in writing to the
Congress. The Congress, voting jointly, by a vote of at least a
majority of all its Members in regular or special session, may revoke
such proclamation or suspension, which revocation shall not be set
aside by the President.
 The Supreme Court may review, in an appropriate proceeding filed
by any citizen, the sufficiency of the factual basis of the
proclamation of martial law or the suspension of the privilege of the
writ of habeas corpus or the extension thereof, and must
promulgate its decision thereon within thirty days from its filing.
 A state of martial law does not suspend the operation of the
Constitution, nor supplant the functioning of the civil courts or
legislative assemblies, nor authorize the conferment of jurisdiction
on
 military courts and agencies over civilians where civil courts are
able to function, nor automatically suspend the privilege of the writ
of habeas corpus.
 The suspension of the privilege of the writ of habeas corpus shall
apply only to persons judicially charged for rebellion or offenses
inherent in, or directly connected with, invasion.
 During the suspension of the privilege of the writ of habeas corpus,
any person thus arrested or detained shall be judicially charged
within three days, otherwise, he shall be released.
ARTICLE I OF THE PHILIPPINE CONSTITUTION

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 the islands of the archipelago,
regardless of their breadth and dimensions, form part of the internal
waters of the Philippines.

TERRITORY - a geographic area belonging to or under the jurisdiction of

a governmental authority

Archipelagic State – based on the definition in Article 46 of UNCLOS, It

means a State constituted wholly by one or more archipelagos and may
include other islands.
Archipelago - means a group of islands, including parts of islands,
interconnecting waters and other natural features which are so closely
interrelated that such islands, waters and other natural features form an
intrinsic geographical, economic and political entity, or which historically
have been regarded as such.

Philippine Archipelago – according to UNDP, the Philippines is one of the

world’s largest archipelago nations. It is situated in Southeast Asia in the
Western Pacific Ocean. Its islands are classified into three main
geographical areas – Luzon, Visayas, and Mindanao. Because of its
archipelagic nature, Philippines is a culturally diverse country. With its
topography consisting of mountainous terrains, dense forests, plains, and
coastal areas, the Philippines is rich in biodiversity. It is considered as one
of the mega biodiversity countries in the world with a high percentage of
flora and fauna endemism.
Archipelagic Waters – if the country is an archipelago or has archipelago
under it, a baseline is drawn the outermost points of the islands, provided
that these islands are close to each other. All waters inside this is called
archipelagic waters. The state has full sovereignty over these waters very
much similar to internal waters and the foreign vessels are allowed for
innocent passage through archipelagic waters.

Archipelagic Principle

An archipelago shall be regarded as a single unit so that the waters

around, between and connecting different islands belonging to the
Philippine archipelago, irrespective of their breadth or dimensions
,forming an integral part of the national or inland waters, subject to the
exclusive sovereignty of the Philippines.

Archipelagic Doctrine – It is the principle whereby the body of water

studded with islands, or the islands surrounded with water, is viewed as a
unity of islands and waters together forming one integrated unit. For this
purpose, it requires that baselines be drawn by connecting the
appropriate points of the “outermost islands to encircle the islands within
the archipelago. We consider all the waters enclosed by the straight
baselines as internal waters.

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. RA 3046 and RA 5446 have drawnstraight bas
elines around the Philippines.

Territorial Sea – is defined under the UNCLOS as the 12-nautical mile

zone from the baseline or low-water line along the coast.
Sovereignty exercised by the coastal State – under Article 2 of UNCLOS
The sovereignty of a coastal State extends, beyond its land territory and
internal waters and, in the case of an archipelagic State, its archipelagic
waters, to an adjacent belt of sea, described as the territorial sea.

This sovereignty extends to the air space over the territorial sea as well
as to its bed and subsoil. The sovereignty over the territorial sea is
exercised subject to this convention and to other rules of international
law.

Right of innocent passage – according to art. 17 of UNCLOS, ships of all

States, whether coastal or land-locked, enjoy the right of innocent
passage through the territorial sea

Passage means navigation through the territorial sea for the purpose of:

(a) traversing that sea without entering internal waters or calling at a

roadstead or port facility outside internal waters; or
(b) proceeding to or from internal waters or a call at such roadstead
or port facility.
2. Passage shall be continuous and expeditious. However, passage
includes stopping and anchoring, but only in so far as the same are
incidental

According to Article 19 of UNITED NATIONS CONVENTION ON THE LAW

OF THE SEA

1. Passage is innocent so long as it is not prejudicial to the peace, good

order or security of the coastal State. Such passage shall take place in
conformity with this Convention and with other rules of international law.

2. Passage of a foreign ship shall be considered to be prejudicial to the

peace, good order or security of the coastal State if in the territorial sea it
engages in any of the following activities:
(a) any threat or use of force against the sovereignty, territorial integrity
or political independence of the coastal State, or in any other manner in
violation of the principles of international law embodied in the Charter of
the United Nations;

(b) any exercise or practice with weapons of any kind;

(c) any act aimed at collecting information to the prejudice of the defence
or security of the coastal State;

(d) any act of propaganda aimed at affecting the defence or security of

the coastal State;

(e) the launching, landing or taking on board of any aircraft;

(f) the launching, landing or taking on board of any military device;

(g) the loading or unloading of any commodity, currency or person

contrary to the customs, fiscal, immigration or sanitary laws and
regulations of the coastal State;

(h) any act of wilful and serious pollution contrary to this Convention;

(i) any fishing activities;

(j) the carrying out of research or survey activities;

(k) any act aimed at interfering with any systems of communication or

any other facilities or installations of the coastal State;

(l) any other activity not having a direct bearing on passage.

Specifically in Archipelagic States, Article 52 applies which states:

1. Subject to article 53 and without prejudice to article 50, ships of all

States enjoy the right of innocent passage through archipelagic waters, in
accordance with Part II, section 3.

2. The archipelagic State may, without discrimination in form or in fact

among foreign ships, suspend temporarily in specified areas of its
archipelagic waters the innocent passage of foreign ships if such
suspension is essential for the protection of its security. Such suspension
shall take effect only after having been duly published.

Article 53 “Right of Archipelagic sea lanes Passage” of UNCLOS also states

the following:
1. An archipelagic State may designate sea lanes and air routes There
above, suitable for the continuous and expeditious passage of foreign
Ships and aircraft through or over its archipelagic waters and the adjacent
Territorial sea.

1. All ships and aircraft enjoy the right of archipelagic sea lanes
Passage in such sea lanes and air routes.

2. Archipelagic sea lanes passage means the exercise in accordance

With this Convention of the rights of navigation and overflight in the
normal Mode solely for the purpose of continuous, expeditious and
unobstructed Transit between one part of the high seas or an exclusive
economic zone and Another part of the high seas or an exclusive
economic zone.

3. Such sea lanes and air routes shall traverse the archipelagic waters
And the adjacent territorial sea and shall include all normal passage
routes
Used as routes for international navigation or overflight through or over
Archipelagic waters and, within such routes, so far as ships are
concerned, all Normal navigational channels, provided that duplication of
routes of similar Convenience between the same entry and exit points
shall not be necessary.

4. Such sea lanes and air routes shall be defined by a series of

Continuous axis lines from the entry points of passage routes to the exit
Points. Ships and aircraft in archipelagic sea lanes passage shall not
deviate More than 25 nautical miles to either side of such axis lines during
passage Provided that such ships and aircraft shall not navigate closer to
the coasts Than 10 per cent of the distance between the nearest points on
islands Bordering the sea lane.

5. An archipelagic State which designates sea lanes under this article

May also prescribe traffic separation schemes for the safe passage of
ships Through narrow channels in such sea lanes.

6. An archipelagic State may, when circumstances require, after giving

Due publicity thereto, substitute other sea lanes or traffic separation
schemes For any sea lanes or traffic separation schemes previously
designated or Prescribed by it.

7. Such sea lanes and traffic separation schemes shall conform to

Generally accepted international regulations.

8. In designating or substituting sea lanes or prescribing or

substituting Traffic separation schemes, an archipelagic State shall refer
proposals to the competent international organization with a view to their
adoption. The Organization may adopt only such sea lanes and traffic
separation schemes as May be agreed with the archipelagic State, after
which the archipelagic State May designate, prescribe or substitute them.

9. The archipelagic State shall clearly indicate the axis of the sea lanes
And the traffic separation schemes designated or prescribed by it on
charts to Which due publicity shall be given.
10. Ships in archipelagic sea lanes passage shall respect applicable sea
Lanes and traffic separation schemes established in accordance with this
Article.

11. If an archipelagic State does not designate sea lanes or air routes,
the Right of archipelagic sea lanes passage may be exercised through the
routes aNormally used for international navigation.

RA 9252- This Act affirms that the Republic of the Philippines has
dominion, sovereignty and jurisdiction over all portions of the national
territory as defined in the Constitution 

Sec 2 RA 9522- The baselines in the following areas over which the
Philippines likewise exercises sovereignty and jurisdiction shall be
determined as “Regime of Islands” under the Republic of the Philippines
consistent with Article 121 of the United Nations Convention on the Law of
the Sea (UNCLOS):

a) The Kalayaan Island Group as constituted under Presidential Decree

No. 1596; and

b) Bajo de Masinloc, also known as Scarborough Shoal.

PART 8 REGIME ISLAND

ART 121 OF UNCLOS
1. An island is a naturally formed area of land, surrounded by water,
which is above water at high tide.

2. Except as provided for in paragraph 3, the territorial sea, the

contiguous zone, the exclusive economic zone and the continental shelf of
an island are determined in accordance with the provisions of this
Convention applicable to other land territory.

3. Rocks which cannot sustain human habitation or economic life of their

own shall have no exclusive economic zone or continental shelf

Archipelagic doctrine and its purpose – all island of the Philippine are
considered as a single unit which is under Philippine exclusive sovereignty
Coastal State- Coastal State may adopt laws and regulation in conformity
with the provision of UNCLOS and rules of international law concerning
right of innocent passage. (SECTION 3 ART 21 PASSAGE IN TERRITORIAL
SEA OF COASTAL STATE)
Section 3 article 22. - where necessary having regard to the safety of
navigation, require foreign ships exercising the right of innocent passage
through its territorial sea to use such sea lanes and traffic separation
schemes as it may designate or prescribe for the regulation of the
passage of ships.

“ and all other territories over which Philippine has jurisdiction or

sovereignty”
- According to the book of Father Bernas, the phrase purports
durative sense. It says that even if such territory have been
temporarily controlled by invading forces it is still part of our
territory or any other territory that PH might establish sovereignty
or jurisdiction in the future.

Straight baseline method

Territorial sea- 12 nautical miles from baseline

Contiguous zone- 24 nautical miles from baseline

Extended economic zone- An exclusive economic zone is a sea zone

prescribed by the 1982 United Nations Convention on the Law of the
Sea over which a sovereign state has special rights regarding the
exploration and use of marine resources, including energy
production from water and wind. It stretches from the baseline out
to 200 nautical miles from the territorial sea.

Article 2 principle and state policies.

Contains 28 sections divided into two parts. The first part: Enumerates
the principles of the State such as the democratic and republican nature
of the Philippine State; the supremacy of civilian authority over the
military; the people's duty to defend the State; separation of Church and
State; and renunciation of war as an instrument of national policy. The
second part: stipulates the State policies such as the promotion of an
independent foreign policy; recognition of the youth's and women's role in
nation- building; promotion of a comprehensive rural development and
agrarian reform; and the promotion of social justice

STATE 
    -community of persons permanently occupying a definite portion of
territory, independent of external control, possessing an organized
government to which the great body of inhabitant render
habitual obedience. 
 
Four element of a State 
1. People- community of persons sufficient in number capable of
maintaining the continued existance 
2. Territory – consist of land, water and the space which manifest a
rule of boundary. 
3. Sovereignty- a freedom from the controlled of the other country 
4. Government- carries rules of action which necessary to enable men
to live in a social state. 
        -  Posses the power or authority of prescribing
them(rules/law) 
 
STATE OF REPUBLIC OF THE PHILIPPINES 
   – which is for the people within the territory, empowered the
government for the sovereignty over to its people, rule by the
representative of the citizens. 
 
Government vs Administration 
 
 Government – institution through which the state exercise power 
 Administrative- set of people currently running the institution. 
 
*Administration that can be change without a change on either
State or Government. 
 
FUNCTION of Government 
 
1. Constituent  -Constitute the every bond of the society   
o Attribute of sovereignty 
o Governmental; compulsory  
2. Ministrant- proprietary; discretional 
o Welfare of the people 
 o Form for specific interest of the individual.