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.
COMPONENTS OF NATIONAL TERRITORY
A. LAND DOMAIN (Terrestrial)
-internal waters: river, lakes, canals, harbor,
and ports.
Right of Innocent Passage
- Can only be invoked by foreign vessel
while traversing the territorial sea.
Right of Arrival Under Stress
- It is the arrival of a vessel at the nearest
and most convenient port which was
decided upon after determining that
there is a well-founded fear of seizure,
privateers, or pirates or by reason of
any accident of the sea disabling it to
navigate.
MODES OF ACQUIRING A TERRITORY
1. Discovery and Occupation
- Of a territory which is terra nullius
(land belonging to no one)
- Original mode of acquiring a territory
Doctrine of Effective Occupation
- Discovery alone is not enough, it merely
gives the discoverer an inchoate right
over a territory.
- For the tittle to be vested, the discovery
must be followed by effective
occupation and administration of the
territory.
2. Sesión
- By a means of a treaty, a derivative
mode of acquiring a territory.
3. Prescription
- the effect of the lapse of time in creating
and destroying rights. Prescription is
either acquisitive, in that an individual
is allowed, after a specified period of
time, to acquire title, or extinctive—
i.e., barring for a period of time certain
court actions  management thereof
4. Accretion
- Accessory follow the principal
B. MARITIME DOMAIN (Fluvial)
UNCLOS – United Nation Convention
on the Law of the Sea
- The constitution for the world’s oceans
and sea
3 Important Regimes
1. Territorial Sea
- 12 nautical miles from the base line
- The state has sovereignty over the
territorial sea.
- Innocent passage is allowed
2. Contiguous Zone
- 12 nautical miles from the territorial
sea.
- Philippines may exercise control
- Jurisdiction to prevent or enforce
customs, fiscals, immigration, and
sanitary laws
3. Exclusive Economic Zone
- 200 nautical miles from the baseline
- Ships and submarine can freely travel;
- Philippines has no sovereignty but only
sovereign rights.
Continental Shelf
- Any submerged area: The seabed, the
subsoil, the insular shelves, and other
submarine areas.
High Seas
- Lies beyond the exclusive economic
zone or the international waters
- Legal status: res communes – belonging
to everyone, not susceptible to
appropriation by any state.
Freedom of the High Seas or Mare
Liberum
- Freedom of navigation
- Fishing and mining
- Freedom to scientific research
Who has jurisdiction in a vessel in high
seas?
- The flag state, the state who’s
nationality the vessel carries.
English Rule
- Such crimes are triable in that country,
unless they merely affect things within
the vessel or they refer to the internal
French Rule
- Such crimes are not triable in the
courts of that country, unless their
 commission affects the peace and
security of the territory or the safety of
the state is endangered.
Who determine the nationality of a flag state?
- By registration
- General rule: only the flag state may
assume the jurisdiction on a vessel in
the high seas.
Exceptions:
- If it’s a pirate ship
- If the vessel is engaged in slave trade
- If the vessel is sailing without flag, false
flag, and refuse to show its flag when it
required to do so.
DOCTRINE OF HOT PURSUIT
- recognizes the right of a coastal state to
pursue onto the high seas a foreign
vessel that violated its laws while within
its waters.
C. AERIAL DOMAIN
- refers to the area above the subjacent
state up to the extent of the territorial
sea.
- The state has absolute sovereignty.
- There is no right of innocent passage in
Aerial domain.
NATIONAL TERRITORY
1. Philippine Archipelago
- Historically/Legally: territories ceded by
the Spanish to the USA by the virtue of
the Treaty of Paris.
- Philippines was bought for 20 million
dollars
Treaty of Paris
- Consisting of Main islands of Luzon,
Panay, and Mindanao.
Treaty of Washington
- Spain further ceded Islands of Cagayan,
Sulu, Cebu II.
Great Britain and Spain Treaty
- Turtle island and Mangsee island
2. All other territories over which
Philippines has sovereignty or
jurisdiction.
MAGALLONA V. ERMITA, G.R. 187167
FACTS:
In 1961, Congress passed R.A. 3046
demarcating the maritime baselines of the
Philippines as an Archipelagic State
pursuant to UNCLOS I of 9158, Codifying
the sovereignty of State parties over there
territorial sea. Then in 1968, it was
amended by R.A. 5446, correcting some
errors in R.A. 3046 reserving the drawing of
baselines around Sabah.
In 2009, it was again amended by R.A.
9522, to be compliant with the UNCLOS III
of 1984. The requirements complied with
are: to shorten one baseline, to optimize the
location of some basepoints and classify
KIG and Scarborough Shoal as ‘regime of
islands.
Petitioner now assails the constitutionality
of the law for three main reasons:
1. it reduces the Philippine maritime territory
under Article 1;
2. it opens the country’s waters to innocent
and sea lanes passages hence undermining
our sovereignty and security; and
3. treating KIG and Scarborough as ‘regime
of islands’ would weaken our claim over
those territories.
ISSUE:
Whether R.A. 9522 is constitutional?
Ruling:
1. UNCLOS III has nothing to do with
acquisition or loss of territory. it is just a
codified norm that regulates conduct of
States. On the other hand, RA 9522 is a
baseline law to mark out basepoints along
coasts, serving as geographic starting
points to measure. it merely notices the
international community of the scope of our
maritime space.
2. If passages is the issue, domestically, the
legislature can enact legislation designating
routes within the archipelagic waters to
regulate innocent and sea lanes passages.
but in the absence of such, international
law norms operate.
the fact that for archipelagic states, their
waters are subject to both passages does
not place them in lesser footing vis a vis
continental coastal state. Moreover, RIOP is
a customary international law, no modern
state can invoke its sovereignty to forbid
such passage.
3. On the KIG issue, RA 9522 merely
followed the basepoints mapped by RA
3046 and in fact, it increased the
Philippines total maritime space. Moreover,
the itself commits the Philippines continues
claim of sovereignty and jurisdiction over
KIG.
 FOUR ELEMENTS OF THE STATE
1. People
- Must be sufficiently numerous, for the
purpose of sustenance and defense.
Different definition of People in the
Constitution
Preamble – the Filipino people
Art. 3 (2)- natural, juridical alien
citizen (young/old, male/female)
Art. 7 – registered voter / qualified
electorate
2. Government
- That institution or aggregate of
institution which an independent
society makes and carries out rules of
action which are necessary to enable
men to live in a social state, or which
are imposed upon the people forming
that society by those who possess the
power or authority of prescribing them.
(U.S. vs. Dorr, 2 Phil., 332).
Definition of Government
Executive Order No. 292 sec. 2 (p.1)
Government of the Republic of the
Philippines refers to the corporate
governmental entity through which the
functions of government are exercised
throughout the Philippines, including,
save as the contrary appears from the
context, the various arms through
which political authority is made
effective in the Philippines, whether
pertaining to the autonomous regions,
the provincial, city, municipal or
barangay subdivisions or other forms of
local government.
BACANI VS NACOCO G.R. No. L-9657
FACTS:
The plaintiffs are court stenographers
assigned in Branch VI of the Court of First
Instance of Manila. During the pendency of
Civil Case No. 2293 of said court, entitled
Francisco Sycip vs. National Coconut
Corporation, Assistant Corporate Counsel
Federico Alikpala, counsel for defendant,
requested said stenographers for copies, of
the transcript of the stenographic notes
taken by them during the hearing. Plaintiffs
complied with the request by delivering to
Counsel Alikpala the needed transcript
containing 714 pages and thereafter
submitted to him their bills for the payment
of their fees.
The National Coconut Corporation paid the
amount of P564 to Leopoldo T. Bacani and
P150 to Mateo A. Matoto for said transcript
at the rate of P1 per page.
Upon inspecting the books of this
corporation, the Auditor General disallowed
the payment of these fees and sought the
recovery of the amounts paid. The
respondents argue that National Coconut
Corporation may be considered as included
in the term “Government of the Republic of
the Philippines” for the purposes of the
exemption of the legal fees provided for in
Rule 1-30 of the Rules of Court.
ISSUE:
W/N NACOCO is a part of the Government
of the Philippines by virtue of its
performance of government functions.
RULING:
No, NACOCO does not acquire that status
for the simple reason that it does not come
under the classification of municipal or
public corporation. To resolve the issue in
this case requires a little digression on the
nature and functions of our government as
instituted in our Constitution. To begin
with, we state that the term “Government”
may be defined as (insert U.S. vs. Dorr
definition).
This institution, when referring to the
national government, has reference to what
our Constitution has established composed
of three great departments, the legislative,
executive, and the judicial, through which
the powers and functions of government are
exercised. These functions are twofold:
constitute and ministrant. The former are
those which constitute the very bonds of
society and are compulsory in nature;
the latter are those that are undertaken
only by way of advancing the general
interests of society, and are merely
optional.
To this latter class belongs the organization
of those corporations owned or controlled
by the government to promote certain
aspects of the economic life of our people
such as the National Coconut Corporation.
These are what we call government-owned
or controlled corporations, which may take
on the form of a private enterprise or one
organized with powers and formal
characteristics of a private corporation
under the Corporation Law.
But while NACOCO was organized for the
ministrant function of promoting the
coconut industry, however, it was given a
corporate power separate and distinct from
 our government, for it was made subject to
not a government
the provisions shall exercise
of our Corporation Law certain
in so
far asof these
its corporate existence and the
- optional
powers that itfunctions are: are concerned
may exercise
- y (1) 2that
(sections anda4,government
Commonwealth shouldActdoNo. for
518). the public welfare those things which
private capital would not naturally
As this Court has aptly said, “The mere fact
that undertake and
the Government happens to be a
- (2) that
majority a government
stockholder should
does not makedo itthese
a
public corporation” (National Coal Co. it
things which by its very nature vs.is
better
Collector equippedRevenue,
of Internal to administer
46 Phil.,for
586-the
597). public welfare athan
“By becoming is any inprivate
stockholder the
National Coal Company,
individual or grouptheof Government
individuals.
divested itself of The
(Malcolm, its sovereign character
Government of as the
far as respects the transactions
Philippine Islands, pp. 19-20.) of the
corporation. Unlike the Government, the
CLASSIFICATION
corporation mayOFbe GOVERNMENT
sued without its
consent, and is subject to taxation. Yet the
1. DE FACTO
National Coal Company remains an agency
or- isinstrumentality
in actual possession of of government.”
authority and
control ofofthe
(Government thestate. 
Philippine Islands vs.
Springer, 50 Phil., 288.) that exist in reality,
- describes practices
even though they are not officially
 
recognized by laws. 

FUNCTIONS OF THE GOVERNMENT
1. Constituent Function
- compulsory functions which constitute
the very bonds of society.
Constituent Functions:
1) The keeping of order and providing for the
protection of persons and property from
violence and robbery.
2) The fixing of the legal relations between
man and wife and between parents and
children.
3) The regulation of the holding, transmission,
and interchange of property, and the
determination of its liabilities for debt or for
crime.
4) The determination of contract rights
between individuals.
5) The definition and punishment of crime.
6) The administration of justice in civil cases.
7) The determination of the political duties,
privileges, and relations of citizens.
8) Dealings of the state with foreign powers:
the preservation of the state from external
danger or encroachment and the advancement
of its international interests. ’“(Malcolm, The
Government of the Philippine Islands, p. 19.)
2. Ministrant Function
- optional functions of government
intended for achieving a better life for
the community.
- Ministrant Functions are:
- public works, public education, public
charity, health and safety regulations,
and regulations of trade and industry.
The principles deter mining whether or
2. DE JURE
- is the legal, legitimate government of a
state and is so recognized by other
states. 
-  describes practices that are legally
recognized, regardless of whether the
practice exists in reality.
1. Presidential Form of Government
- The powers are allocated among the
three separate branches of the
government. Each is independent and
co-equal among each other. Each
branch is not allowed to encroach
among the prerogative of the other.
- Strict adherence to the doctrine of
separation of power
2. Parliamentary Form of Government
- Fusion of both executive and legislative
powers. Executive power is exercise by
the prime minister who is chosen by the
parliament.
- Prime minister is only accountable on
the parliament, and can be
change/replace any time by the
parliament.
1. Unitary Form of Government
- is governed constitutionally as one
single unit, with one constitutionally
created legislature.
2. Federal Form of Government
- there is a division of powers between
the federal and the state governments.
Here are some differences between the
federal government and the unitary
government.
 (a) result in arbitrary and discriminatory
Doctrine of Parens Patriae enforcement, and thus, fall under the void
RULING: importance of the
for vagueness doctrine;
- the government is the parent of the
parental role in child
YES. In accordance
(b) suffer rearing with the
from overbreadth by doctrine of
proscribing
people, and may interfere to protect the Parents
or thisPatriae.
Forimpairing reason, Thethegovernment
legitimate State being
is justified
activities of the
minorsin
interest of the people who are protector of
setting curfew
during the
restrictionsrights of the people
hours;on the minor’s exercise has the
marginalize, disabled, and the like. inherent
of their supreme
travel rights, powerprovided,
to enforce theysuch
are
(c)
lawsdeprive minors of the right
singled out on reasonable grounds.interest.
that will promote the to
public liberty and
THE GOVERNMENT OF THE PHILIPPINE the other
No right to travelhas
party without
been substantive
entrusted with due
ISLANDS vs. process; and
such right hence as “parents” of the people
EL MONTE DE PIEDAD Y CAJA DE the government has the right to take back
(d) deprive parents of their natural and
AHORRAS DE MANILA the money intended for the people.
primary right in rearing the youth without
FACTS: substantive
The Supreme due Court process.
upheld theInright addition,
of the
petitioners assert that
Government to file the case as parents the Manila
On June 3, 1863, an Earthquake took Ordinance
patriae contravenes RAof 9344
in representation (Juvenile
the legitimate
place in the Philippine Islands, which was Justice Law),
claimants. Theaslegislature
amended by or RA 10630. of
government
then under the Spanish Crown, that the State, as parents patriae, has the right
devastated lot of civilians. Therefore on Oct. ISSUE:
to enforce all charities of public nature, by
6 of that year, a central relief board was virtue
For these of reasons,
its general
the Statesuperintending
is justified in
appointed, by authority of the King of authority over the on
setting restrictions public
the interests, where
minors' exercise
Spain, to distribute the money voluntarily no
of their travel rights, provided, they This
other person is entrusted with it. are
contributed by donors. After a thorough prerogative
singled out of onparents
reasonable patriae is inherent in
grounds. 
investigation and consideration, the relief the supreme power of every State, whether
board allotted $365703.50 to the various RULING:
that power is lodged in a royal person or in
sufferer’s name in its resolution. Out of the the legislature. It is most beneficent
As the 1987 Constitution itself reads, the
aid, $80,000.00 was left untouched. functions, and often necessary to be
State 96 may impose limitations on the
exercised
exercise ofinthis theright,
interest of humanity,
provided that they:and (1)
The Monte de Piedad, a charitable
for
serve the interest of nationalthose
the prevention of injury to who
security,
institution, in need for more working
cannot protector
public safety, themselves.
public health; o Purpose of
capital, petitioned the Governor-General for
the transfer of $80,000 as a loan. In June the beneficiaries
The Curfew Ordinances:
of charities, promotion
who are often of
1893, the Department of Finance called juvenile
in capablesafety and prevention
of vindicating of juvenile
their rights, and
upon the Monte de Piedad to return the crime, inarguably serve the interest
justly look for protection to the sovereign of
$80,000. The respondent bank declined to public safety. o restriction on the
authority, acting as parents patriae. They minor's
comply with this order upon the ground movement
show that and
these activities
beneficentwithin the confines
functions have
that only the Governor-General of the of their
not ceasedresidences and their
to exist under the immediate
change of
Philippine Islands and not the Department vicinity during
government from athe curfewto aperiod
monarchy republic;is
of Finance had the right to order the perceived to reduce the probability
but that it now resides in the legislative of the
reimbursement. minor becoming
department, ready tovictims
be calledof into
or exercise
getting
involved in required
whenever crimes and forcriminal activities of
the purposes
On account of various petitions of the
justice
(2) are provided by law. o legal capable
and right and is a clearly system of is
persons, the Philippine Islands, through
being
repleteexercised
with laws in emphasizing
cases of charities as in
the State's
the Attorney-General, bring suit against the
any
dutyother casesspecial
to afford whatever.
protection to children
Monte de Piedad for a recover of the
$80,000, together with interest, for the The restrictions set by the Curfew
benefit of those persons or their heirs. After Ordinances that apply solely to minors are
due trial, judgment was entered in favor of likewise constitutionally permissible.
the plaintiff for the sum of $80,000 gold or
In this relation, this Court recognizes that
its equivalent in Philippine currency,
minors do possess and enjoy constitutional
together with legal interest from February
28, 1912, and the costs of the cause. The THE GOVERNMENT
rights, OF THEofPHILIPPINE
108 but the exercise these rights
defendant appealed. One of the assignment ISLANDS
is not co-extensive vs. of adults. As
as those
of errors made by the defendant was to EL patriae,
parens MONTE the DE PIEDAD Y CAJA DE
State regulates and, to
a certain AHORRAS DE MANILA
extent, restricts the minors'
question the competence of the plaintiff
exercise of their rights.
(government) to bring the action, FACTS:
contending that the suit could be instituted 3 justifications for the differential treatment
only by the intended beneficiaries Following
of the minors'theconstitutional
campaign rights.
of President
themselves or by their heirs.  Rodrigo Roa Duterte to implement a
nationwidethe peculiar
curfew vulnerability
for minors, several local
ISSUE: of children;
governments in Metro Manila started to
their inability
strictly implement their curfew to make
ordinances
Whether or not the Philippine government critical decisions in an
on minors through police operations which
is competent to file a complaint against the informed
were publicly
and mature
known as part of "Oplan
respondent bank for the reimbursement of manner;
the money of the intended beneficiaries? Rody.” Herein petitioners are assailing the
constitutionality of the ordinances issued
by QC, Manila, and Navotas because they:
 3. Sovereignty
- Is the supreme and uncontrollable
power which the state is govern it is the
capacity to conduct international
relations.
a. Legal Sovereignty
- The power to issue final command
b. Political Sovereignty
- the sum total of all the influences that
make up the for legal sovereignty, it
resides in the people.
c. Internal Sovereignty
- the power of the state exercise within
the territory of the state
d. External Sovereignty
- Freedom from any control or influence
from other state

If there is a Change in Sovereignty?

- Political law is automatically abrogated,

by the change of sovereignty, unless the
new sovereignty enacts them.