THE CONCEPT OF STATE AND ITS TERRITORY

CHAPTER 3

1.State legal concept-community of persons occupying a fixed portion of territory

independent of external control and posses a government that provides the
relatiomship between the state and the people it is a legal concept.
2.Nation ethnic concept-it is more of group of people that have relationship to
customs and traditions or some beliefs or respect to a race like e.g of arab nation
the group of people believers of allah the malai nation comprises most of the SE
asian countries ,

THE ELEMENTS;
1.People, can survive and can defend the state and must be composed of male and
female for procreation
2.Territory, definite portion of territory
3.Government, the will of the State must be materialized thru a government that
implements what the states wants to implement
4. Sovereignty, the power of the state to manage its internal affairs w/o any
influence of the outside, SOVEREIGN STATE

BASIC ELEMENTS of the STATES;

5TH ELEMENT-Recognition, by the others state that this states posses already the
requirements required by the law.
2.Continuity, doctrine this elements must always be present lacking of the elements
will be loss or extinction of the State (doesnt change as long as the elements are
present)
-a mere change of the government will not affect the State theres no effect of the
continuity.
-a mere change in the sovereignty will not extinct the State but will change the
Laws

MACARIOLA v. ASUNCION:
-all political laws are automatically abrogated
-laws that were enacted were deemed when the sovereignty change
-the CIVIL LAWS,MUNICIPAL LAWS continue to practice if the new Sovereign dont make
any changes

NORTH COTABATO VS GRP 2008 case decided of the SC:

-Memorandum of agreement of the Republic of the Philippines and the Bangsamoro
Group
-petition filed asking the memorandum of the agreement to show the MOA on ANCESTRAL
DOMAIN is UNCONSTITUTIONAL
-once the MOA is approved they want to have their own government and own areas with
own people own Principle of Association
-another state within the state the constitution doesnt recognize that

CHINA in WEST PHILIPPINE SEA

ASIA/SE ASIA

ART.1 Speaks of the National Territory says that comprises the Philippine
Archipelago with all the islands embrace therein and all territories of which the
philippines has soverreignty
terrestrial, affluvial, aerial domains and the seabeds and soils and shelves and
the waters around and between regardless of their breadth and the dimension on the
parts of the land

1.TERRITORY of the PHILIPPINES comprises the islands LUZON, VISAYAS, MINDANAO-

archipelago
2.OTHER TERRITORIES, outside the Archipelago description given by the Constitution
our country has jurisdiction(virtue of the treaty or fasting act claiming its our
territory and sovereignty, (a.)TREATY of PARIS virtue of our rights
(b.)CAGAYAN ISLANDS & SIBULO ISLANDS, MANGSI ISLANDS Ferdinand Marcos claims the
KIG and SCARBOROUGH SHOAL-LUZON
going outward the PALAWAN-KIG,
-Vitue of having occupied the territories

UNITED NATION CONVENTION THE LAW OF THE SEA (UNCLOS) how to measure the territorial
seas and the waters
-the waters around between connecting around the island regardless of their breadth
form part the waters of the land

-ARCHIPELAGIC DOCTRINE means the waters around connecting the whole archipelago is
considered
-the RED LINE is the baselines of the country the method, the baseline method by
which we connect from the outermost portion of the islands of 1 island to other or
all islands.
-upper portion fr BATANES going to the next island every connected island integral
unit, 1 land mass and all the waters inside the line are considered internal waters
are connected