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PHILIPPINE CONSTITUTION

ARTICLE 1 – 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.
NECESSITY OF CONSTITUTIONAL PROVISION ON
NATIONAL TERRITORY

1. Binding force of such provision under international law.


2. Value of provision defining our national territory.
3. Acquisition of other territories
NECESSITY OF CONSTITUTIONAL PROVISION ON
NATIONAL TERRITORY

 A State under the


international law has the
1. Binding force of such
unquestioned right to assert
provision under jurisdiction throughout the
international law. extent of its territory
2. Value of provision
defining our national
territory.
 If there is a territorial
3. Acquisition of other dispute it should be settled
territories
according to the
international law.
NECESSITY OF CONSTITUTIONAL PROVISION ON
NATIONAL TERRITORY

 It is important to know so
1. Binding force of such that we and the other nations
provision under would know the boundaries
international law. of our country.
2. Value of provision
defining our national  The Philippines can
territory.
promulgate and enforce its
3. Acquisition of other
territories
laws within our country.
NECESSITY OF CONSTITUTIONAL PROVISION ON
NATIONAL TERRITORY

 Even though the bounds of


1. Binding force of such our national territory is
provision under already written in the law,
international law. this does not prevent the
2. Value of provision Philippines from acquiring
defining our national new territories by means of
territory.
purchase, exchange, and
3. Acquisition of other
territories
such.
NATIONAL TERRITORY OF THE PHILIPPINES

The Philippine All other territories


archipelago, with all over which the
the islands and Philippines has
waters sovereignty or
embraced therein jurisdiction

(Internal Waters) The


waters around,
Terrestrial, fluvial, and between, and
aerial domains, connecting the
including its territorial islands of the
sea, the seabed, the archipelago,
subsoil, the insular regardless of their
shelves, and other breadth and
submarine areas. dimensions, form part
of the internal waters
of the Philippines.
NATIONAL TERRITORY OF THE PHILIPPINES
1.
What is an archipelago ?
The Philippine
archipelago, with all the
islands and waters  Greek work pelagos meaning sea
embraced therein
 A sea or part of a sea containing many
2. All other territories over
which the Philippines has islands.
sovereignty or
jurisdiction
 The Philippine Archipelago consisting
3. Terrestrial, fluvial, and
of three main islands namely; Luzon,
aerial domains, including Visayas and Mindanao
its territorial sea, the
seabed, the subsoil, the
insular shelves, and What is an archipelagic doctrine?
 An archipelago shall be regarded as single
other submarine areas.

4. (Internal Waters) The


waters around, between, unit
and connecting the  The waters around, between and connecting
islands of the
archipelago, regardless of the islands of the archipelago, irrespective of
their breadth and
dimensions, form part of
breadth and dimensions from part of the
the internal waters of the internal waters of the state are subject to its
Philippines.
exclusive sovereignty.
NATIONAL TERRITORY OF THE PHILIPPINES
1. The Philippine
archipelago, with all the
islands and waters
embraced therein

2. All other territories over


which the Philippines has
According to the 1973 constitution, “all the
sovereignty or other territories belonging to the Philippines
jurisdiction
by historic right or legal”
3. Terrestrial, fluvial, and
aerial domains, including
its territorial sea, the PENDING PHILIPPINE CLAIM
seabed, the subsoil, the
insular shelves, and 1. Sabah
other submarine areas.
2. Spratly Island (Kalayaan Group of Islands)
4. (Internal Waters) 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.
NATIONAL TERRITORY OF THE PHILIPPINES
1. The Philippine
archipelago, with all the
islands and waters
embraced therein
Features (Seven Islands)
2. All other territories over
which the Philippines has 1. Pagasa Island (Thitu Island)
sovereignty or 2. Likas Island (West York Island)
jurisdiction

3. Terrestrial, fluvial, and


3. Parola Island (Northeast Cay)
aerial domains, including 4. Lawak Island (Nanshan Island)
its territorial sea, the
seabed, the subsoil, the
5. Kota Island (Loaita Island)
insular shelves, and 6. Patag Island (Flat Island)
other submarine areas.
7. Panata Island (Lankiam Cay)
4. (Internal Waters) The
waters around, between,
and connecting the Features (Three Reefs)
islands of the
archipelago, regardless of 1. Rizal Reef (Commodore Reef)
their breadth and 2. Balagtas Reef (Irving Reef)
dimensions, form part of
the internal waters of the 3. Ayungin Reef (Second Thomas Reef)
Philippines.
NATIONAL TERRITORY OF THE PHILIPPINES
1. The Philippine
archipelago, with all the  Territorial Sea
islands and waters
embraced therein
- Part of the sea extending 12 nautical
miles (19km) from the low water mark
2. All other territories over
which the Philippines has
sovereignty or  Seabed
jurisdiction - The land that holds the sea.
3. Terrestrial, fluvial, and
aerial domains, including
 Subsoil
its territorial sea, the
seabed, the subsoil, the - Refers to everything beneath the
insular shelves, and surface soil and the seabed
other submarine areas.

4. (Internal Waters) The  Insular Shelves


waters around, between,
- Submerged portions of a continent or
and connecting the
islands of the offshore island
archipelago, regardless of
their breadth and  Other Submarine Areas
dimensions, form part of
the internal waters of the
- All areas under the territorial sea like
Philippines. seamount, trough, trench, basin, deep, bank, etc
NATIONAL TERRITORY OF THE PHILIPPINES
1. The Philippine
archipelago, with all the 1. TERRESTRIAL DOMAIN
islands and waters
embraced therein
- Refers to the land, whether, agricultural, forest or
timber, mineral lands and national parks under
2. All other territories over
which the Philippines has sovereignty and jurisdiction of the Philippines.
sovereignty or
jurisdiction 2. AERIAL DOMAIN
3. Terrestrial, fluvial, and - Refers to the air space above the territorial lands -
aerial domains, including
and waters of the Philippines excluding the outer
its territorial sea, the
seabed, the subsoil, the space.
insular shelves, and
other submarine areas. A. AIR SPACE
4. (Internal Waters) The – the constitutional provision on aerial domain is
waters around, between,
an affirmation of the generally accepted principle of
and connecting the
islands of the international law found in the international
archipelago, regardless of Convention of Civil Aviation also known as the
their breadth and Chicago Convention where it established the
dimensions, form part of
the internal waters of the
principle that states have the complete and exclusive
Philippines. sovereignty over the air space above the territory
NATIONAL TERRITORY OF THE PHILIPPINES
1. The Philippine
archipelago, with all the
FIVE AIR FREEDOM
islands and waters 1. Freedom to fly across the territory without landing;
embraced therein 2. Freedom to land for non-traffic purposes 3.
2. All other territories over 3. Freedom to put down passengers, mail, and cargo on
which the Philippines has the territory of the state whose nationality aircraft
sovereignty or
possesses.
jurisdiction
4. Freedom to take on passengers, mail and cargo
3. Terrestrial, fluvial, and
aerial domains, including
destined for the territory of any other contracting
its territorial sea, the state; and
seabed, the subsoil, the 5. Freedom to put down passengers, mail and cargo
insular shelves, and
from any such territory.
other submarine areas.

4. (Internal Waters) The


waters around, between,
SIXTH AIR FREEDOM
and connecting the “the privilege to bring passengers and cargo from one
islands of the country to the airline’s home country and then transit
archipelago, regardless of
them to a third country and vice versa.”
their breadth and
dimensions, form part of - On September 26, 200 the Philippines entered into a
the internal waters of the new aviation agreement with Taiwan, which include the
Philippines. sixth air freedom.
NATIONAL TERRITORY OF THE PHILIPPINES
1. The Philippine
archipelago, with all the A. OUTER SPACE
islands and waters
embraced therein
- Outer space is beyond the territorial sphere of
state. Thus, an orbiting satellite owned by a state
2. All other territories over
which the Philippines has which is directly above the territory of another state
sovereignty or but outside the pull of the earths gravity, does not
jurisdiction offend the territorial integrity of the latter state.
3. Terrestrial, fluvial, and
aerial domains, including
3. FLUVIAL DOMAIN
its territorial sea, the
seabed, the subsoil, the - It refers to internal or national waters and external
insular shelves, and or territorial waters, over which the Philippines
other submarine areas. exercises jurisdiction.
4. (Internal Waters) The
waters around, between,
A. INTERNATIONAL OR NATIONAL WATERS
and connecting the
islands of the - They include rivers, lakes, canals, ports, harbors
archipelago, regardless of gulls and bays and waters, over which the Philippines
their breadth and exercise jurisdiction.
dimensions, form part of
the internal waters of the
Philippines.
NATIONAL TERRITORY OF THE PHILIPPINES
1. The Philippine
archipelago, with all the A.1. INTERNAL WATER UNDER THE CONSTITUTION
islands and waters
embraced therein
 The waters around, between, and connecting the
islands of the archipelago, regardless of their
2. All other territories over
which the Philippines has breadth and dimensions, form part of the internal
sovereignty or waters of the Philippines.
jurisdiction  Waters within the archipelagic line are treated by
3. Terrestrial, fluvial, and the Constitution as internal waters.
aerial domains, including
its territorial sea, the
seabed, the subsoil, the A.2. ARCHIPELAGIC WATERS UNDER
insular shelves, and INTERNATIONAL LAW
other submarine areas.  However waters within the archipelagic line are
4. (Internal Waters) The not considered internal waters but archipelagic
waters around, between,
waters. The term “archipelagic waters” is a new
and connecting the
islands of the concept under the international law. A foreign
archipelago, regardless of merchant vessel is not allowed to enter the
their breadth and archipelagic waters of a state without its concept
dimensions, form part of
the internal waters of the
except in the exercise of right of involuntary
Philippines. entrance
NATIONAL TERRITORY OF THE PHILIPPINES
1. The Philippine
archipelago, with all the  Right of Innocent Passage
islands and waters
embraced therein
right of any foreign merchant vessel to navigate
through the territorial waters of a state for purposes
2. All other territories over
which the Philippines has of traversing that sea without entering internal
sovereignty or waters, making for the high seas from internal waters,
jurisdiction as long as it is not prejudicial to the peace, good
3. Terrestrial, fluvial, and order or security of the coastal state.
aerial domains, including
its territorial sea, the
seabed, the subsoil, the  Right of Involuntary Entrance
insular shelves, and is the right of any foreign merchant vessel to
other submarine areas. enter the territorial waters of a state in case of
4. (Internal Waters) The emergency such as lack of provisions,
waters around, between,
unseaworthtiness of the vessel, inclement weather,
and connecting the
islands of the pursuit of pirates, or other force majeure.
archipelago, regardless of
their breadth and
dimensions, form part of
the internal waters of the
Philippines.
NATIONAL TERRITORY OF THE PHILIPPINES
1. The Philippine
archipelago, with all the
islands and waters
embraced therein

2. All other territories over


which the Philippines has
sovereignty or
jurisdiction

3. Terrestrial, fluvial, and


aerial domains, including
its territorial sea, the
seabed, the subsoil, the
insular shelves, and
other submarine areas.

4. (Internal Waters) 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.
NATIONAL TERRITORY OF THE PHILIPPINES
1. The Philippine
archipelago, with all the
islands and waters
embraced therein

2. All other territories over B. EXTERNAL OR TERRITORIAL WATERS OR


which the Philippines has MARITIME ZONE
sovereignty or
- refers to all waters seaward to a line
jurisdiction
twelve (12) nautical miles (Twelve-Mile Limit
3. Terrestrial, fluvial, and
aerial domains, including
Rule) distant from the archipelagic baseline
its territorial sea, the over which the Philippines exercise
seabed, the subsoil, the jurisdiction. These waters are located
insular shelves, and between the archipelagic water and the
other submarine areas.
territorial lands of the Philippines, and the
4. (Internal Waters) The
waters around, between,
open sea or international waters. Foreign
and connecting the merchant vessel can exercise both rights of
islands of the innocent passage and involuntary entrance in
archipelago, regardless of the external waters of the Philippines.
their breadth and
dimensions, form part of
the internal waters of the
Philippines.
NATIONAL TERRITORY OF THE PHILIPPINES
1. The Philippine
archipelago, with all the
islands and waters
embraced therein

2. All other territories over C. TWELVE-MILE CONTIGUOUS ZONE


which the Philippines has - It refers to all waters seaward to a line
sovereignty or
twelve (12) nautical miles distant from the
jurisdiction
outer limits of territorial waters, under which
3. Terrestrial, fluvial, and
aerial domains, including
the Philippines has control necessary to
its territorial sea, the prevent infringement of its customs, fiscal,
seabed, the subsoil, the immigration or sanitary regulations and
insular shelves, and punish infringement of above regulations
other submarine areas.
committed in its territory
4. (Internal Waters) 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.
NATIONAL TERRITORY OF THE PHILIPPINES
1. The Philippine
archipelago, with all the
islands and waters
embraced therein

2. All other territories over D. TWO HUNDRED-MILE EXCLUSIVE


which the Philippines has ECONOMIC ZONE
sovereignty or
- It refers to the area beyond and
jurisdiction
adjacent to the territorial sea, not to exceed
3. Terrestrial, fluvial, and
aerial domains, including
200 nautical miles from the baseline
its territorial sea, the (archipelagic line), where the Philippines has
seabed, the subsoil, the an exclusive right to explore and exploit
insular shelves, and natural resources found therein and limited
other submarine areas.
jurisdiction over matters involving customs,
4. (Internal Waters) The
waters around, between,
fiscal, health, safety and immigration laws and
and connecting the regulations.
islands of the
archipelago, regardless of
their breadth and
dimensions, form part of
the internal waters of the
Philippines.
NATIONAL TERRITORY OF THE PHILIPPINES
1. The Philippine
archipelago, with all the
islands and waters
embraced therein

2. All other territories over E. INTERNATIONAL WATERS, HIGH SEAS OR


which the Philippines has OPEN SEAS
sovereignty or
- It refers to the portion of the ocean,
jurisdiction
which is beyond the territorial jurisdiction of
3. Terrestrial, fluvial, and
aerial domains, including
any country. Since antiquity up to the Middle
its territorial sea, the ages, it has been an accepted principle thus
seabed, the subsoil, the the open sea is free to everybody and like air
insular shelves, and it is common to all mankind.
other submarine areas.

4. (Internal Waters) 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.
PHILIPPINE CONSTITUTION
ARTICLE 2 – DECLARATION OF
PRINCIPLES AND STATE POLICIES
PRINCIPLES
1. Manifestations of a democratic and
republican state.
The observance of the rule of the majority.
The observance of the principle that ours is a
government of laws,
SECTION 1 and not of men.

The presence of elections through popular will.

The observance of the principle of separation of


The Philippines is a
powers and the
democratic and republican
State. Sovereignty resides system of checks and balances.
in the people and all The observance of the principle that the legislature
government authority cannot pass
emanates from them. irreparable laws.

The observance of the law on public officers .

The observance of the principle that the State cannot


be sued without its consents.

2. Sovereignty of the People


 Philippines cannot declare war on
another country.
 The country can only declare an existing
SECTION 2 state of war.

The Philippines renounces war


as an instrument of national  When international usage to be applied
policy, adopts the generally
accepted principles of  A treaty has force of a statute
international law as part of the
law of the land and adheres to  Constitution prevails over a treaty
the policy of peace, equality,
justice, freedom, cooperation,
and amity with all nations.  Philippines seek peace and unity with the
neighboring countries all over the world
regardless of race, ideology, and political
system on the basis of mutual trust, respect
and cooperation.
SECTION 3

Civilian authority is at all times,  Supremacy of the Civilian


supreme over the military. The
Armed Forces of the Philippines Authority
is the protector of the people
and the State. Its goal is to  AFP: Protector of the
secure the sovereignty of the
State and the integrity of the people and the State
national territory.
 To serve and protect
SECTION 4
people
The prime duty of the
Government is to serve and  Government exist for the
protect the people. The
Government may call upon the people and not the people
people to defend the State and,
in the fulfillment thereof, all for the government.
citizens may be required, under
conditions provided by law, to
render person military or civil
 The defense of the state is
service. one of the duties of a
citizen.
SECTION 5

 Art. XVI, Sec. 6


The maintenance of peace and
order, the protection of life,
liberty, and property, and the
 Art. III, Sec. 1
promotion of the general
welfare are essential for the  Sec. 11
enjoyment by all the people of
the blessings of democracy.  PREAMBLE
1. The State shall have no
official religion.
2. The State cannot set up a
church, whether or not
SECTION 6 supported with public funds;
nor aid one religion, aid all
religions, or prefer one
religion over another.
The separation of Church and 3. Every person is free to
State shall be inviolable.
profess belief or disbelief in
any religion.
4. Every religious minister is
free to practice his calling.
5. The State cannot punish a
person for entertaining or
professing religious beliefs
or disbeliefs.
1. The State shall have no
official religion.
2. The State cannot set up a
church, whether or not
SECTION 6 supported with public funds;
nor aid one religion, aid all
religions, or prefer one
religion over another.
The separation of Church and 3. Every person is free to
State shall be inviolable.
profess belief or disbelief in
any religion.
4. Every religious minister is
free to practice his calling.
5. The State cannot punish a
person for entertaining or
professing religious beliefs
or disbeliefs.
STATE
POLICIES
SECTION 7
An instrument of domestic
The State shall pursue an
independent foreign policy. In its policy
relations with other states the
paramount consideration shall  Pursuit of an independent
be national sovereignty,
territorial integrity, national foreign policy
interest, and the right to
selfdetermination.
 Paramount consideration
 Freedom from Nuclear
Weapons

SECTION 8
Exceptions
The use of nuclear for:
The Philippines, consistent with
the national interest, adopts and
Medicine
pursues a policy of freedom
from nuclear weapons in its Agriculture
territory
Other beneficial purposes
 If the national interest so
requires
The storing of nuclear
weapons in our territory
SECTION 9
The State shall promote a just
and dynamic social order that  Just and Dynamic Social
will ensure the prosperity and
independence of the nation and Order
free the people from poverty
through policies that provide
adequate social services,
 Solving the problem of
promote full employment, a mass poverty
rising standard of living, and an
improved quality of life for all.
 The State must give
SECTION 10 preferential attention to the
welfare of the:

The State shall promote social


 less fortunate
justice in all phases of national
development.  the poor
 uneducated
underprivileged
 disabled
Human Rights
Belief in inherent dignity
SECTION 11 of every human person
basis of human right

The State values the dignity of


A human person is a
every human person and
guarantees full respect for
being not a thing.
human rights.
In a democratic state, the
individual enjoys certain
rights which cannot be
modified or taken away by
the lawmaking body.
 Family as the basic
SECTION 12 autonomous unit

The State recognizes the sanctity of family


 Right of human life of the
life and shall protect and strengthen the
family as a basic autonomous social unborn from conception
institution. It shall equally protect the life
of the mother and the life of the unborn and of the mother
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
 Rearing of the youth for
receive the support of the Government.
civic efficiency and
development of moral
character
SECTION 13

The State recognizes the vital role


of the youth in nation building and
shall promote and protect their
 CWTS
physical, moral, spiritual,
intellectual, and social well-being.  LTS
It shall inculcate in the youth
patriotism and nationalism, and  ROTC
encourage their involvement in
public and civic affairs.
SECTION 14
Proven capabilities of
Filipino women
The State recognizes the
role of women in nation-  Expansion of women’s
building, and shall ensure
the fundamental equality role
before the law of women
and men  Equality with men before
the law
SECTION 15

The State shall protect and


promote the right to health  Department of Health
of the people and instill
health consciousness  Health Center
among them health.
SECTION 16

The State shall protect and


advance the right of the  Right to Balanced and
people to a balanced and
healthful ecology in accord Healthful Ecology
with the rhythm and
harmony of nature.
SECTION 17

The State shall give priority to


education, science and  DepED
technology, arts, culture, and
sports to foster patriotism and  DOST
nationalism, accelerate social
progress, and promote total
human liberation and
 PSC
development.
 Human labor is not only
SECTION 18 treated as land, tools, or
machinery. It mandates the
The State affirms labor as a State to provide living
primary social economic
force. It shall protect the wage and full participation
rights of workers and to workers in decision
promote their welfare.
making processes which
affect their rights and
benefits.
States the constitutional
SECTION 19
guidelines in the
development of the
The State shall develop a economy:
self reliant and independent
national economy
 Economic self-reliance
effectively controlled by  Independent national
Filipinos.
economy
And effective Filipino
control of the economy
SECTION 20  The Constitution does not
favor an economy where
The State recognizes the the State directly competes
indispensable role of the
private sector, encourages with private business.
private enterprise, and
provides incentives to  The business of
needed investments
government is governance
and NOT money-making.
SECTION 21

The State shall promote


comprehensive rural
development and agrarian
reform.
Recognizes the existence
and the rights of the
indigenous cultural
SECTION 22
communities.
 Directs the State to promote
The State recognizes and the rights of indigenous
promotes the rights of cultural communities by
indigenous cultural
communities within the considering their customs,
framework of national unity traditions, beliefs, and
and development
interests.
 Implementing state policies
with full respect to their
culture, dignity, uniqueness
and human rights.
The state is required to
encourage these
SECTION 23 organizations because
recent events have shown
The State shall encourage
nongovernmental, that, under responsible
community based, or leadership, they can be
sectoral organizations that
promote the welfare of the active contributors to the
nation. political, social, and
economic growth of the
country – promote the
welfare of the nation.
SECTION 24
 The people are
enlightened on certain
The State recognizes the public issues.
vital role of communication
and information in nation  They can also serve as
building
useful tools to promote
unity among the Filipinos.
SECTION 25

The State shall ensure the Autonomy of local


autonomy of local
governments.
governments
 This does not allow the
existence of political
SECTION 26
dynasties or the practice of
The State shall guarantee keeping political power
equal access to within the control of select
opportunities for public
service, and prohibit families.
political dynasties as may be
defined by law.  Emphasizes the duty of
the government to uphold
democratic elections and
appointments.
SECTION 27

The State shall maintain


honesty and integrity in the  Honesty and integrity in
public service and take
positive and effective public service
measures against graft and
corruption.
SECTION 28
 The policy covers matters
The Subject to reasonable involving public interest
conditions prescribed by
law, the State adopts and especially those
implements a policy of full
public disclosure of all its
concerning the utilization
transactions involving public of public funds and
interests.
property.

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