Professional Documents
Culture Documents
Sec. 2- RA 9522
- Regime of Islands under Ph consistent with Art 3 of the
UNCLOS
1. Kalayan Islands Group- PD no 1596
2. BAjo de Masinloc, aka known as Scarborough Shoal
Re: Loss of Maritime are and prejudicing livelihood subsistence
- The demarcation enables PH to delimit its EEZ reserving
solely to the PH the exploitation of all living and nonliving
resources within the zone. It binds the interntional
community.
- However there is still freedom of navigation over these.
Inclusions
1. Ceded to the us through Treaty of Paris
2. Defined in the treaty between US and Spain not defined in the Treaty
of Paris
3. Treaty between US and Great Britain Trtle Island and MAngsee
Islands
4. Batanes covered under 1935 Constitution
5. Belonging to the Ph by historic rights and legal title.
Definitions
o Subsoil – everything between the surface soil and the seabed
including mineral resources
o Seabed- land that holds the sea, lying beyond the seashore,
including mineral and natural resources
o Insular shelves- submerged portion of the continent or other
islands
o Other submarine areas- all areas under territorial sea (
seamount, trough, trench, basin, deep, bank, and reef)
3. Government- The agency or instrumentality through which the will of the
State is formulated, expressed, and realized.
Functions
1. Constituent Functions- constitution the very bonds of the society and
therefore compulsory. (KFRDDAD)
a. Keeping of order and providing for the protection of persons and
property from violence and robbery
b. Fixing of legal relations between husband and wife and between
parents and children
c. Regulation of the holding, transmission, and interchange of
property, and determination of its liabilities for debt or for crime.
d. Determination of contractual rights between individuals
e. Definition of justice in civil cases
f. Administration of political duties, privileges, and relations of
citizens; and
g. Dealings of the State with foreign powers, the preservation of the
State
Part 1: Renunciation of War- We can declare that we are under state of war
but not declare war.
▪ No to aggressive war
▪ Yes to defensive war or defense of national honor and integrity.
- concurrence 2/3 of all the members of the Congress voting separately,
may declare the existence of a state of war. – Art 6, Sec 23 (1)
- A generally accepted principle of international law- United Nations
Charter
Doctrine
Doctrine of Transformation Doctrine of Incorpoation
International law be transformed By mere constitutional
into domestic law through a declaration, international law is
constitutional mechanism such as deemed to have force of domestic
local legislation law.
- Treaties become part of the - Renunciation of war as an
law of the land (Art 7, Sec 21 instrument of National Policy
of Ph Consti – 2/3 of the - Sovereign Immunity
members of the senate - Right to life, liberty, and due
process
- Pacta sunt servanda
Situations:
Conflict between municipal and international law= efforts should be
made to harmonize them so as to give effect to both. Municipal law is
presumed to be enacted with proper regard to generally accepted rules of
international law.
Irreconcilable conflict- it should be the statute that should be upheld
because it represented an exercise of the police power which being
inherent could not be bargained aways or surrendered thorough the
medium of a treaty. Inchong case.
Treaty vs Executive Agreements- treaty has a greater dignity
because the constitutional efficacy is beyond doubt, a treaty having
behind it the authority of the President, the Senate and the people; a
ratified treaty unlike executive agreements takes precedence over any
prior statutory enactment.
Part 3: Adherence to the Policy of Peace with all Nations
- shows a positive attitude on the part of the Philippines toward the
observance of the principles of the United Nations Charter and to
universally accepted rules and principles of international law.
- the Philippines seeks only peace and friendship with her neighbors
and all countries of the world, regardless of race, creed ideology and
political system, on the basis of mutual trust , respect, and
cooperation.
- supports the right of all nations, big and small, to equality, freedom,
and justice in their relations with one another and the policy of non-
interference and peaceful settlement of international disputes and
opposes the use of force, or the threat of force, in the relations among
nations.
- The Constitution does not imply. however, that the Philippines is
duty bound to extend diplomatic r recognition to all nations. (see Sec.
7.)
- Supports rights of all nations to equality, freedom, justice, and policy
of interference and peaceful settlement at the international display
and opposes the use of force.
Cases-
Kuroda vs Jalandoni- jurisdiction of military commission
3. Contend in PH is not covered by Hague Convention
Inchong v Hernandez- Int’l law vs municipal law
Pharmaceutical, Health Care Assoc v Health Sec- int’l law can be part
of our aw by transformation or incorporation
a. Transformation- int’l law be transformed into domestic
law.
b. Incorporation- constitutional declaration. Int’l law is to
have force of domestic law.
Sec. 3 - Civilian authority is, at all times, supreme over the military. The
Armed Forces of the Philippines is the protector of the people and the
State. Its goal is to secure the sovereignty of the State and the integrity
of the national territory.
- Inherent in a republican state even in the idle of martial law and in the
suspension of the privilege of writ of Habeas Corpus.
- A safeguard against the military dictatorship
a. Chief Executive issues orders to the armed forces.
b. Even an appointment of their high-ranking officers is vested in
the President with the consent of the Commission on
Appointments of Congress (Ibid., Sec. 16.)
c. Along with Congress, the President determines the military
budget and defines the national policy on defense and security.
d. Includes the president’s power to prevent military personnel
from testifying in the legislative inquiries and to confirm,
mitigate and remit sentences of erring military personnel.
AFP- constitutional mandates
1. Protector of the people and the State to secure the
sovereignty of the State and the integrity of the national
territory.
2. Art XVI s5- ensures professionalism of AFP and
insulates it from partisan politics
3. Directs the State to "strengthen the patriotic spirit and
nationalist consciousness of the military, and respect
for people's rights in the performance of their duty."
Sec 4: The prime duty of the Government is to serve and protect the
people. The Government may call upon the people to defend the State
and, in the fulfilment thereof, all citizens may be required, under
conditions provided by law, to render personal military or civil service.
- For self-preservation and to defend its territorial honor and
integrity, the Philippines can engage in a defensive war. The
defense of the State is one of the duties of a citizen.
- The term "people" may also include aliens since they are likewise
subject to regulations adopted by the government for the defense
of the State.
- Both in the time of peace and war.
- Government exists for the people
- Pursue and implement the State Policies mandated IN Sec 7-28.
- 1935 and 1973- Prime Duty: Defend the State- taken from the
constitution Spanish Republic)
Civil Service- service for the defense of the State other than soldiers like
workers in ammunition factories.
Sec 5: The maintenance of peace and order, the protection of life, liberty,
and property, and the promotion of the general welfare are essential for
the enjoyment by all the people of the blessings of democracy.
4. For political stability and economic prosperity
5. For the enjoyment of the Blessings of independence and
democracy.
Sec 6: The separation of Church and State shall be inviolable.
6. Working harmoniously to secure the welfare of the people.
7. Church is not to interfere in purely political matters or temporal
aspects of man's life and the State, in purely matters of religion
and morals. which are the exclusive concerns of the other.
8. To delineate boundaries between the two institutions and thus
avoid encroachments by one against the other because of
misunderstanding of the limits of their respective exclusive
jurisdictions.
9. Fusion will tend to destroy the government and degrade religion.
Constitutional Provisions
1. Art 3 Sec 5- no law shall be made respecting the establishment of
religion, and prohibition of free exercise thereof.
2. Art 6 sec 29 (2)- No public money or property shall be
appropriated, applied, paid, or employed, directly or indirectly, for
the use, benefit, or support of any sect, church, denomination,
sectarian institution, or system of religion, or of any priest,
preacher, minister, or other religious teacher, or dignitary as such,
except when such priest, preacher, minister, or dignitary is
assigned to the armed forces, or to any penal institution, or
government orphanage or leprosarium
3. Art 6 (3)- Charitable institutions, churches and parsonages or
convents appurtenant thereto, mosques, non-profit cemeteries, and
all lands, buildings, and improvements, actually, directly, and
exclusively used for religious, charitable, or educational purposes
shall be exempt from taxation.
4. Art 14 Sec 4 (2)- Educational institutions, other than those
established by religious groups and mission boards, shall be owned
solely by citizens of the Philippines or corporations or associations
at least sixty per centum of the capital of which is owned by such
citizens. The Congress may, however, require increased Filipino
equity participation in all educational institutions. The control and
administration of educational institutions shall be vested in citizens
of the Philippines.
Who formulates?
Congress and President
Importance
1. An instrument of domestic policy- sole weapon of the State for the
promotion of National Interest in International affairs.
a. Foreign policy is a reflection and instrument of domestic policy.
a. Complementary.
2. Pursuit of Independent foreign policy-
17. One that is not subordinate, subject, dependent upon the
support of another government.
18. Not suggesting complete rejecting and abandonment of
traditional allies or being isolated if international community.
Objective:
1. To establish friendly relations with other countries and
promote a beneficial relation.
2. Make Ph reappraise of the conduct of foreign relations.
Sec 8. The Philippines, consistent with the national interest, adopts and
pursues a policy of freedom from nuclear weapons in its territory.
SEC. 10. The State shall promote social justice in all phases of national
development.
SEC. 11. The State values the dignity of every human person and
guarantees full respect for human rights.
SECTION 12. The State recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous social
institution. It shall equally protect the life of the mother and the life of
the unborn from conception. The natural and primary right and duty of
parents in the rearing of the youth for civic efficiency and the
development of moral character shall receive the support of the
Government.
26. RA 9262
SECTION 15. The State shall protect and promote the right to health of
the people and instill health consciousness among them.
Health is the state of physical, social and mental well-being rather than
merely the absence of physical diseases.
SECTION 16. The State shall protect and advance the right of the people
to a balanced and healthful ecology in accord with the rhythm and
harmony of nature.
Ecology is that branch of science that deal with the study of the
interrelationships t1f living things (organisms, plants and animals! And their
environments.
1. rapid urbanization (migration of peopie from rural area.;; to
urban centers
2. industrial growth
3. population expansion,
4. natural resources utilization,
5. The use of modern technology,
6. and other socio-economic factors, and consequently,
Ratio: Many people today are unable to live in dignity as human beings
because they cannot acquire the necessary food, housing, health,
sanitation and education as a result of the deterioration of
the environment. The quality of life of the people cannot advance unless
the living environment is nurtured and valuable natural resources are
protected and preserved.
27. politkal, social, and economic growth and development are
crucially dependent upon the state of the human environment.
SECTION 17. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation and
development.
SECTION 18. The State affirms labor as a primary social economic force.
It shall protect the rights of workers and promote their welfare.
SECTION 20. The State recognizes the indispensable role of the private
sector, encourages private enterprise, and provides incentives to needed
investments.
SECTION 22. The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and
development.
SECTION 24. The State recognizes the vital role of communication and
information in nation-building.
SECTION 25. The State shall ensure the autonomy of local governments.
44. Article X
45. Local Government Code
46. Strengthening od the local government is based on the
Jeffersonian view that municipal corporations are the small
reoublic from which the great one derives its strength.
SECTION 26. The State shall guarantee equal access to opportunities for
public service, and prohibit political dynasties as may be defined by law.
SECTION 27. The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and
corruption.
Sec 13
Roles of Youth
1. More knowledgeable ad intelligent from 21-18 coting age
2. Constitute the reservoir as productive manpower.