10/21/2021

CONSTITUTIONAL LAW REVIEW

UNCLOS
The United Nations Convention on the Law of the Seas (UNCLOS) is
an international agreement that establishes a legal framework for all marine
and maritime activities.
1. Straight Baseline Method
2. Maritime Zones:
a. Territorial Sea
➔ Extends up to 12 nautical miles from the
baseline
➔ Part of the Philippine Territory
➔ Philippines has exclusive jurisdiction and
sovereignty over its territorial waters
NOTES: WITHOUT UNCLOS, WILL WE
STILL HAVE TERRITORIAL WATERS?
ANS: YES. BASIS: ARTICLE 1 OF 1987
CONSTITUTION.
b, Contiguous Zone
➔ Extends up to 24 nautical miles from the
baseline
➔ Philippines may exercise control necessary
to:
➢ Prevent infringement of its customs,
fiscal, immigration or sanitary laws
and regulations within its territory or
territorial sea; and
➢ Punish infringement of the above
laws and regulations committed
within its territory or territorial sea
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(Article 33, Section 3, Contiguous
Zone, Part II, UNCLOS)
NOTE: Generally, the Contiguous Zone is not part of
the Philippine Territory and we cannot exercise
sovereignty. Exemptions are those above mentioned.
Q: WITHOUT UNCLOS, WILL WE STILL
HAVE CZ?
ANS: NO.
Q: IS IT PART OF THE PH TERRITORY?
ANS: NO.

“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.”

SCOPE OF PHILIPPINE TERRITORY

1. Philippine Archipelago
2. All other territories over which the Philippines has sovereignty;
3. Terrestrial, fluvial, aerial domains of (1) and (2); and
4. Territorial sea, the seabed, the subsoil, the insular shelves, and other
submarine areas of (1) and (2)

1.PHILIPPINE ARCHIPELAGO

Definition of ARCHIPELAGO
★ A body of water studded with islands.
★ A group of islands, including parts of islands, interconnecting
waters, and other natural features which are closely
interrelated in such islands, waters and other natural features
form an intrinsic geographical, economic and political entity,
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or which historically have been regarded as such. [Article
46, UNCLOS]
★ Note: Kalayaan Island Group is not part of PH
archipelago but a part of PH territory (shall fall
under No. 2 - All other territories over which the
Philippines has sovereignty)

ARCHIPELAGIC DOCTRINE:
A. The islands and waters embraced in the Philippine
archipelago comprises the Philippine territory.

Legal instruments that delineated the Philippine Archipelago

I. Treaty of Paris of December 10, 1898
NOTE: Treaty of Paris signified the cession
of the Philippine Islands by Spain to the
United States. The ordinates found under the
treaty form part of our Philippine
Archipelago.
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B. 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. " [2nd
sentence, Sec. 1, Art. I]
★ This articulates the archipelagic doctrine of national
territory, based on the principle that an
archipelago, which consists of a number of islands
separated by bodies of water, should be treated as
one integral unit.

➔ STRAIGHT BASELINE METHOD (SECTION 47,

PART IV, ARCHIPELAGIC BASELINE, UNCLOS)
I. An archipelagic State may draw straight
archipelagic baselines joining the outermost
points of the outermost islands and drying
reefs of the archipelago;
II. The length of such baselines shall not exceed 100
nautical miles, except that up to 3 percent of the
total number of baselines enclosing any
archipelago may exceed that length, up to a
maximum length of 125 nautical miles; and
III. The drawing of such baselines shall not depart to
any appreciable extent from the general
configuration of the archipelago
NOTE: baseline method is used to know the
internal waters of our country.

2.ALL OTHER TERRITORIES OVER WHICH THE

PHILIPPINES HAS SOVEREIGNTY

3.TERRESTRIAL, FLUVIAL,
AERIAL DOMAINS OF (1) AND (2)
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4.TERRITORIAL SEA, THE SEABED,
THE SUBSOIL, THE INSULAR SHELVES,
AND OTHER SUBMARINE AREAS OF (1) AND (2)

MARITIME ZONES:
A. Territorial Sea
➔ Extends up to 12 nautical miles from the
baseline
➔ Part of the Philippine Territory
➔ Philippines has exclusive jurisdiction and
sovereignty over its territorial waters
NOTES: WITHOUT UNCLOS, WILL WE
STILL HAVE TERRITORIAL WATERS?
ANS: YES. BASIS: ARTICLE 1 OF 1987
CONSTITUTION.

B. Contiguous Zone
➔ Extends up to 24 nautical miles from the
baseline
➔ Philippines may exercise control necessary
to:
➢ Prevent infringement of its customs,
fiscal, immigration or sanitary laws
and regulations within its territory or
territorial sea; and
➢ Punish infringement of the above
laws and regulations committed
within its territory or territorial sea
(Article 33, Section 3, Contiguous
Zone, Part II, UNCLOS)
NOTE: Generally, the Contiguous Zone is not part of
the Philippine Territory and we cannot exercise
sovereignty. Exemptions are those above mentioned.
Q: WITHOUT UNCLOS, WILL WE STILL
HAVE CZ?
ANS: NO.
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Q: IS IT PART OF THE PH TERRITORY?
ANS: NO.

C. Exclusive Economic Zone

➔ Extends up to 200 nautical miles from
the baseline
➔ Philippines has sovereign rights for the
purpose of:
➢ exploring and exploiting, conserving
and managing the natural resources,
whether living or nonliving, of the
waters superjacent to the seabed and
of the seabed and its subsoil; and
➢ Conducting other activities for the
economic exploitation and
exploration of the zone, such as the
production of energy from the water,
currents and winds (Article 56, Part
V, UNCLOS)

➔ Philippines has jurisdiction over:

➢ the establishment and use of
artificial islands, installations and
structures
➢ marine scientific research; and
➢ the protection and preservation of
the marine environment (Article 56,
Part V, UNCLOS)
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Q: WITHOUT UNCLOS, WILL WE STILL

HAVE EXCLUSIVE ECONOMIC ZONE?
ANS: NO.
SOVEREIGNTY in relation to territory - amounts to OWNERSHIP
SOVEREIGN RIGHTS - right to possess and use the resources found in
Exclusive Economic Zone

JURISDICTION OVER CRIMES

1. JURISDICTION OVER TERRESTRIAL DOMAINS

● Territorial Principle
The state exercises exclusive jurisdiction over
individuals and other legal persons within its
territory.

Answer: YES. Basis: Territorial Principle.

2. JURISDICTION OVER INTERNAL WATERS

● The Territorial Principle also applies.

3. JURISDICTION OVER TERRITORIAL WATERS

● General Rule: Territorial Principle applies.

● Exception: If the crime is committed on board a foreign
vessel.
A. English Rule
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The coastal state shall have jurisdiction over
all offenses on board the vessel except those
which do not compromise the peace of the
port.
B. French Rule
The flag state shall have jurisdiction over all
offenses committed on board the vessel
except those which compromise the peace of
the port.

ANSWERS:
Q1. Yes. The general rule shall apply. Territorial principle is the
basis. English rule shall also be applied.
Q2. Yes. The general rule shall apply since the fishing vessel is
registered here in the Philippines. Territorial principle is the basis.
English rule shall also be applied.
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ANSWER:
No. B cannot be prosecuted for the crime of murder under RPC since
the vessel is a foreign vessel. English Rule applies. The exception shall
be applied.

ANSWER:
No. B cannot be prosecuted under the RPC since the vessel is a
foreign vessel. English Rule applies. The exception shall be applied.

ADDITIONAL NOTES:
● Airspace is not a part of our territory.
● Only the space above the territorial seas shall be part
of our territory.
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NEW NOTES
REGIME OF ISLANDS
- Group of islands
ARCHIPELAGO
- Applying the Straight Baseline Method, not all islands comprising the
archipelagic state have their territorial waters, contiguous and
exclusive economic zone
But if the island is just part of a regime of islands, each islands has its own
territorial waters, contiguous and exclusive economic zone

RA 9522
Sponsor: Late Miriam Defensor-Santiago
- Provided the outermost point of the outermost island
- Basis of the Baseline Method
- Kalayaan Island Group and Scarborough Shoal are classified as
regimes of islands which means that they are not part of the
Philippine Archipelago but a part of the Philippine Territory (Section
2, RA 9522)

Section 2. The baseline 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.

WE ARE SIGNATORY TO UNCLOS THEREFORE WE ARE OBLIGED TO

ENACT IT, THUS RA 9522 IS PROVIDED FOR.

PACTA SUNT SERVADA - comply with treaty obligations in good faith.

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CASE:
Harry Roque, Riza Hontiveros and Professor Magallona filed a
petition questioning the constitutionality of RA 9522

ISSUE:
1. REDUCTION OF MARITIME TERRITORY
particularly our TERRITORIAL WATERS
Ruling: No. UNCLOS is an instrument that determines and
regulates the maritime zones of the archipelagic state.
2. WEAKENED TERRITORIAL CLAIM OVER
KALAYAAN GROUP
Ruling: No. Article 47 (3), Article 47 (2)
Violation of obligation/provisions of UNCLOS shall
arise, particularly:
● Baseline should not exceed 125 nautical
miles.
● General configuration shall not be defeated
and altered
THUS, the violation of PACTA SUNT SERVANDA

STATE POLICIES AND PRINCIPLES

(Article 2, 1987 Constitution)

Filipino People - Source of Sovereignty

Republicanism - indirect type of democracy
WE ADHERE THE RULE OF LAW, NOT TO THE RULE OF MEN

Section 1, Article 2
Democratic government
● We adhere to the rule of majority

Republican state
● We adhere to a representative type of government (wherein the
people select the representative that would protect their rights and
interests)
● Indirect democracy
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● Sovereignty resides in the people
● The power to select leaders come from the people
● Rule of Majority (Plurality)

SEPARATION OF POWERS
3 branches of the government
Executive branch: Executive powers
Enforce laws (PRDD’s Freedom of Information Policy that he
enacted is only binding to executive department)
Legislative branch: Legislative powers
Enact, pass, repeal, amend laws
Judicial branch: Judicial powers
Interpret and determine the validity of laws enacted by the
legislative branch
ADMINISTRATIVE - QUASI JUDICIAL POWERS

BLENDING OF POWERS - mingling of powers

Certain powers are shared among the branches of the government
Enactment of general appropriations law (funding of the government for a
fiscal year). It will start from the executive branch of the government in
preparing their budget, legislative shall undergo budget hearing...

CHECKS AND BALANCES

A way of a branch of government to check/correct/rectify any
abuses that could be committed by any branch of the government
EXECUTIVE BRANCH
In LEGISLATIVE BRANCH
Bill
Congress - 3 readings
Congress - Ad hoc
President - veto

In JUDICIAL BRANCH
Appointment
Pardon
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These three principles go hand in hand.

Not all acts done by the judicial and legislative branch are subject to judicial
review. Justiciable question is the only subject for judicial review.
Ex: X is running as President but he is not a natural Filipino citizen -
Justiciable Question

GENERAL RULE: Political questions are not subject to judicial

review.

When the exercise of powers by the Congress and executive department is

about discretion, it is a political question.

Discretion - Political Question

Validity/Legality of the act - Justiciable Question

WHAT YOU CAN’T QUESTION IS THE WISDOM OF CONGRESS PASSING

THE LAW BUT YOU CAN QUESTION THE LEGALITY OF THE LAW
PASSED.

EXCEPTION:
EXPANDED JUDICIAL POWER - Par. 2, Section 1, Article VIII, 1987
Constitution
Qualifier: It must be proven that the Congress in the exercise of its power or
the executive branch in the exercise of its power there’s a grave abuse of
discretion amounting to lack or excess in jurisdiction. ARBITRARY.
CAPRICIOUS OR WHIMSICAL

Non-delegation of powers
WHAT HAS BEEN DELEGATED CANNOT BE REDELEGATED.
Since we’ve delegated the powers to the three branches of the government,
they cannot delegate it to others.
CAN A PRESIDENT ENACT A LAW?
No. It will violate the principle of non-delegation of powers.
In the Judicial and Executive Branch of the Government - THE RULE OF
NON-DELEGATION OF POWER IS ABSOLUTE
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EXCEPTION:
Permissible Delegation (Legislative Department)
● Power to fix tariff rates may be delegated to the President
In the absence of a law, the President cannot fix tariff
rates, etc.
● Delegation of emergency powers
○ There must be a law enacted by the Congress
delegating the President emergency powers
● Delegation to the people
● Delegation to local government
● Delegation to administrative bodies
Subordinate legislation - power of administrative
bodies to enact addtl legislations. purpose: in order
to aid/help in the implementation of the mother law
or the law enacted by the Congress.

CAN THE ADMINISTRATIVE BODY EXERCISE

SUBORDINATE LEGISLATION IN THE ABSENCE
OF A LAW ENACTED BY THE CONGRESS?
NO. THERE WILL BE A VIOLATION OF
SEPARATION OF POWERS.

TESTS:

DE JURE VS. DE FACTO GOVERNMENT (p. 44)

De Jure - established by authority of the legitimate sovereign
De Facto - established in defiance of the legitimate sovereign

SECTION 2

DOCTRINE OF INCORPORATION
The Philippines renounces aggressive war - we cannot initiate war against the
other country.
But Philippines does not prohibit defensive war
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2 WAYS OF MAKING INTERNATIONAL LAWS AS PART OF OUR
DOMESTIC LEGAL FRAMEWORK
DOCTRINE OF INCORPORATION
DOCTRINE OF TRANSFORMATION

SECTION 3
SUPREMACY OF THE CIVILIAN POPULATION and DUTY OF THE AFP
PNP IS CIVILIAN IN CHARACTER - THE TASK OF MAINTAINING PEACE
AND ORDER IS GIVEN TO PNP AND NOT THE MILITARY

CASE
ANSWER

SECTION 4
NON SELF-EXECUTING PROVISION

SECTION 5
When the government decides to revoke a license, will it violate your right to
due process?
NO. A license does not amount to a liberty, not equivalent to a life of a
person.. Not a property.. It is just a privilege.

SECTION 6
Church and the State are separate entities
The Church shall not interfere with the affairs of the State. VV.

WHEN MEMBERS OF THE CHURCH CRITICIZE THE GOVERNMENT IS

SECTION 6, ART 2 VIOLATED?
NO. Members of the Church are still Filipino citizens. ENTITLED TO BILL
OF RIGHTS.. Particularly freedom of expression

SECTION 12
IMBONG VS OCHOA
RH LAW does not encourage abortion. Does not violate Section 12.
The third kind of abortifacient include drugs that harm the fertilized ovum
even before it starts the process of implantation of the fertilized egg on the
mother’s womb.
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SECTION 16
Oposa vs Factoran
SELF-EXECUTING PROVISION
THIS IS THE EXCEPTION THE RULE
Legal standing: INTERGENERATIONAL RESPONSIBILITY

SECTION 26
Political dynasty is prohibited BUT there is no law defining it. Thus, it only
remains as a principle.

CITIZENSHIP

1973 Constitution
FILIPINO MOTHER and AMERICAN FATHER = FILIPINO
AMERICAN MOTHER and FILIPINO MOTHER = FILIPINO
Shall continue to be a filipino citizen under the 1987 cons
Immaterial; illegitimate (child born outside wedlock/ valid
marriage)/; Married man and woman: legitimate child, married
woman with illicit relationship with another man; legitimate
(PRESUMPTION OF LEGITIMACY), married man with illicit affair -
illegitimate
Material; Citizenship of the parent

1935 Constitution
Filipino Mother and Alien Father - NOT FILIPINO

Treaty of Paris - CESSION OF PHILIPPINES BY SPAIN TO THE US

WHAT WILL HAPPEN TO THE CITIZENS OF THE PHILIPPINES?
Organic ACT of 1902
Jones Law OF 1916
EN MASSE FILIPINIZATION
CONSIDERED AS FILIPINO CITIZEN IF YOU ARE INHABITANT
OF THE PHILIPPINES BEFORE APRIL 11, 1899
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RESIDED BEFORE APRIL 11, 1899 EVEN IF YOU ARE RESIDING IN
SPAIN CONSEQUENTLY

TECSON VS COMELEC
GRANDFATHER OF FPJ BORN IN PANGASINAN IN 1800
SC SAID THAT SINCE THE GRANDFATHER OF FPJ IS RESIDING
BEFORE APRIL 11, 1899 THEN HE IS CONSIDERED A FILIPINO

1990 onwards
FILIPINO FATHER AND AMERICAN MOTHER = FILIPINO
FILIPINO MOTHER AND AMERICAN FATHER = FILIPINO
Applies to both illegitimate and legitimate child