AUGUST 9, 2022

- Viber Group Chat

- Advance Assignments:
*People and Sovereignty (elearn)
*Take note on where you find the word "people" and in what context and senses
*Categorize: (1) inhabitants of the archipelago including the people who merely
sojourn; (2) residents; (3) citizens; (4) electorate, the people who can vote

-Personal queries: rborja@xu.edu.ph

-refresh, integrate

AUGUST 10, 2022

1. What is the Convention that defined the elements of a State?

- Montevideo Convention of 1933

2. Territory
- most constitutions do not define it accurately
- so long as there is a core territory; some irreduceable land mass that a country
can call its own qualifies as a territory

[RECITS 1]
Article 2 on the Archipelagic Priciple (last sentence); the first sentence
- How about the outermost islands, are there still part of those islands that is
part of the PH territory?
- territorial sea = maritime territory = 12 nautical miles from the BASELINE (mean
low water mark)
- if you follow the archipelagic doctrine, follow the straight baselines; follow
conture if otherwise
- tubbataha reef, part of the archipelago (2nd sentence reinforces this claim)
- CONTIGUOUS ZONE: 24 nautical miles from the baseline; there is no sovereignty
over this, but we have jurisdiction to exercise control [NO SOVEREIGNTY; LIMITED
JURISDICTION] *** (1)customs, (2)fiscal, (3)immigration and (4)sanitation laws.
- EXCLUSIVE ECONOMIC EXPLOITATION ZONE: is the limit of our jurisdiction; we have
sovereign rights
- OVERLAP OF EEZ? the overlap shall be equally apportioned to the states;
equidistant demarcation between the overlapping litoral states [MEDIAN LINE]

[RECITS 2]
-First sentence of 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.
*is Batanes under the PH sovereignty? YES
*Scarborough Shoals? YES. Part of the Regime of Islands; read PRC vs PH
*Sabbah? YES. by historic right or legal title
*What is referred to as the Fluvial Domain? All the rivers, streams, creeks,
rivulets, lakes, lagoons within the Philippine Archipelago
*What is the Aerial Domain of the PH? This refers to the air space above the
Philippine Archipelago reaching up to the edge of outer space; it includes the
waters because we are an archipelago; including the 12 nautical mile territorial
sea; up until before it reaches the outerspace [RES COMMUNIS; RES NULLUS]
*How high is the air space? depends on technology; the further that man can go up
then it extends there; PH has complete and exclusive sovereignty
*Which aircraft can go over our aerial domain? Civil aircrafts can [NON STATE
AIRCRAFTS]; otherwise, cannot pass by the airspace without special agreement or
authorization [STATE PLANES: must have special agreement or authorization]; STATE
PLANES cannot fly over member states with the Chicago Convention because complete
and exclusive sovereignty is exercised by the States

3. The state has Jurisdiction or Sovereignty

*Sovereignty is co-extensive with the state; the ARCHIPELAGO; internal waters and
archipelagic waters; [INNOCENT PASSAGE: territorial; contiguous; EEZ]
*rule on foreign ships' innocent passage in the territorial/archipelagic waters in
the territorial seas is controversial
*to what is the right of innocent passage allowable? rules? current doctrine?

[RECITS 3]
- foreign ship is docked in the PH; crew are all foreigners; there were drugs sold
inside the ship; who has jurisdiction over the crim, PH or the flag of the ship?
[English Rule vs French Rule] PH has jurisdiction under the English Rule
- FRENCH RULE: committed on board a foreigh vessel should not be prosecuted in the
PH unless affecting peace and security
- ENGLISH RULE: crimes perpetrated are triable in the country of commission unless
they pertain to internal affairs of the ship.
- DIFFERENCE: is the [PRESUMPTION OF JURISDICTION]
- what is a filipino went aboard?
- What are the exceptions to the territoriality principle? [ARTICLE 2 of the RPC;
EXTRATERRITORIALITY] (1) Should commit an offense while on a Philippine ship or
airship;
(2) Should forge or counterfeit any coin or currency note of the
Philippine Islands or obligations and securities issued by the
Government of the Philippine Islands;
(3) Should be liable for acts connected with the introduction into these islands
of the obligations and securities mentioned in the preceding number;
(4) While being public officers or employees, should commit an offense in the
exercise of their functions; or
(5) Should commit any of the crimes against national security and the law of
nations, defined in Title One of Book Two of this Code [UNIVERSALITY PRINCIPLE]