THE FOURTH FUNDAMENTAL RIGHT:

THE RIGHT OF PROPERTY AND

JURISDICTION
 
THE RIGHT TO PROPERTY
 Territorial Domain
 The territorial domain includes the property of
public dominion as well as properties of
private ownership. Properties of public
dominion include those for public use, those
for public service and those for the
development of the national wealth. Properties
of private ownership consist of patrimonial
properties of the government. 
 MARITIME OR FLUVIAL DOMAIN

The maritime or fluvial domain consists of

rivers, lakes, bays, gulfs, straits, and canals.

Two kinds of waters

 The internal or inland national waters- these
are completely within the territory
 The external or territorial or maritime water-
these are those found within the maritime or
territorial zone, along the coastline.
 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.
THE MARITIME OR TERRITORIAL ZONE

The maritime or territorial zone of a state

consists of that strip of water along its
coastline and over which the state is allowed
by international law to exercise jurisdiction.
 CONVENTION
ON THE LAW OF THE SEA

Right of innocent passage

 
 Subject to this Convention, ships of all States,

whether coastal or land-locked, enjoy the right

of innocent passage through the territorial sea.
 Meaning of passage

1. Passage means navigation through the

territorial sea for the purpose of:
a. traversing that sea without entering internal
waters or calling at a roadstead or port facility
outside internal waters; or
b. proceeding to or from internal waters or a
call at such roadstead or port facility. 
 Meaning of innocent passage

 1. Passage is innocent so long as it is not prejudicial to the

peace, good order or security of the coastal State. Such passage
shall take place in conformity with this Convention and with
other rules of international law.
 Contiguous zone
 1. In a zone contiguous to its territorial sea, described as the
contiguous zone, the coastal State may exercise the control
necessary to:
 a. prevent infringement of its customs, fiscal, immigration or
sanitary laws and regulations within its territory or territorial
sea;
 b. punish infringement of the above laws and regulations
committed within its territory or territorial sea.
 contiguous zone: 24 NM exclusive
economic zone: 200 NM

contiguous zone: 24 NM exclusive economic zone: 200 NM

 ARCHIPELAGIC STATES
Use of terms
 a. "archipelagic State" means a State constituted wholly by
one or more archipelagos and may include other islands;
 b. "archipelago" means a group of islands, including parts of
islands, interconnecting waters and other natural features
which are so closely interrelated that such islands, waters and
other natural features form an intrinsic geographical, economic
and political entity, or which historically have been regarded as
such.
 Definition of the continental shelf

The continental shelf of a coastal State comprises the

sea-bed and subsoil of the submarine areas that
extend beyond its territorial sea throughout the
natural prolongation of its land territory to the outer
edge of the continental margin, or to a distance of
200 nautical miles from the baselines from which the
breadth of the territorial sea is measured where the
outer edge of the continental margin does not extend
up to that distance.
HIGH SEAS
 Freedom of the high seas

 1. The high seas are open to all States, whether coastal or land-
locked. Freedom of the high seas is exercised under the
conditions laid down by this Convention and by other rules of
international law.

 freedom of navigation;
 freedom of over flight;
 freedom to lay submarine cables and pipelines,
 freedom to construct artificial islands and other installations
permitted under international law,
 freedom of fishing,
 freedom of scientific research,
Reservation of the high seas
for peaceful purposes
 Right of navigation

 Every State, whether coastal or land-locked,

has the right to sail ships flying its flag on the
high seas.
 Duty to co-operate in the
repression of piracy

 All States shall co-operate to the fullest

possible extent in the repression of piracy on
the high seas or in any other place outside the
jurisdiction of any State
 Definition of piracy

 Piracy consists of any of the following acts:

 any illegal acts of violence or detention, or any act of
depredation, committed for private ends by the crew or the
passengers of a private ship or a private aircraft, and
directed:
• on the high seas, against another ship or aircraft, or
against persons or property on board such ship or aircraft;
• against a ship, aircraft, persons or property in a place
outside the jurisdiction of any State.
 Definition of a pirate ship or aircraft

 A ship or aircraft is considered a pirate ship or

aircraft if it is intended by the persons in
dominant control to be used for the purpose of
committing one of the acts.
 THE PRINCIPLE OF EXTERRITORIALITY

 Exterritoriality is the fiction in international

law by virtue of which certain foreign persons
and their things are exempted from the
jurisdiction of a state on the theory that they
form an extension of the territory of their own
state.
THE PRINCIPLE OF EXTRATERRITORIALITY

 EXTRATERRITORIALITY- is the exemption if the

foreign persons from the laws and jurisdictions of the
state in which they presently reside, an exemption
which can exist only by virtue of a treaty stipulation
to this effect.
 STATUS BEFORE ENTRY INTO
THE PHILIPPINES

 The Philippine laws allow the entry of aliens, subject to

certain unavoidable restrictions. Generally alien who cannot
become naturalized Filipino citizens are refused entry. The
Secretary of Foreign Affairs is not authorized to admit into the
Philippine aliens, or to extend the period authorized by the
Commissioner of Immigration and Deportation, for their stay
in the Philippines.
 STATUS OF THE ALIEN WHILE IN THE PHILIPPINES

 An alien is entitled to certain civil rights, such us

protection of their life, liberty and property and free
access to the courts, but not political rights.
 He is excluded from the practice of a certain
profession.

 Under a 1967 law, no person shall be allowed to

practice any profession in the Philippines unless he has
complied with the existing laws and regulations, is a
permanent residents therein for at least three years.
EXIT OF THE ALIENS FROM THE COUNTRY

 The rights to admit aliens carries with it the

right to expel or deport them.
 STATELESSNESS

 A person may become a stateless thru any of

the following means:
 Such as commission of a crime
 By certain acts, express or implied
 He may voluntarily asked for a release from
his original status
 DUAL ALLEGIANCE OF CITIZENS

A statement in the 1987 Philippine Constitution that

dual allegiance of citizen is inimical to the national
interest and shall be dealt with by law.
 FILIPINO CITIZENS UNDER THE 1987 CONSTITUTION

 1. Those who are citizens of the Philippines at the

time of the adoption of this constitution.
 2. Those whose fathers or mothers are citizens of
the Philippines.
 3. Those born before January 17, 1973 of Filipino
mothers, who elect Philippine citizenship upon
reaching the age of majority; and
 4. Those who are naturalized in accordance with
law.
 LAURETO TALAROC V. ALEJANDRO D. UY
SEPT 26, 1952

Uy was elected municipal mayor. Talaroc . a defeated candidate for said

office, brought a quo warranto proceedings against Uy, alleging the latter’s
citizenship, and consequently disability. Uy was born in Lanao in 1912 of a
Chinese father and a Filipino mother. While Uy was still a minor, his father
died in 1917. The mother died in 1949, without expressing repatriating
herself. Uy was voted in previous Philippine election, and on some
occasions he had even been allowed to hold public offices.
 HELD:
 When Ursula Diabo, Uy’s mother became a widow, Com Act No. 63 had
not yet been enacted; therefore, without need of repatriation, he
automatically followed the nationality of the mother. Hence, Uy became a
Filipino. Uy, is therefore, eligible.
  
 HIV/AIDS—a global problem

 AIDS is the abbreviation for acquired immune deficiency

syndrome. The disease is caused by a virus known as the
human immunodeficiency virus, or HIV. The disease was first
recognized in the United States in 1981.

SEXUAL CONTACT. HIV can be transmitted any time two

people exchange bodily fluids, such as semen or blood. Most
forms of sexual contact involve some exchange of bodily
fluids. The risk of contracting the virus increases if an
individual has a high number of different sexual partners or
practices unsafe sex.
 TRAFFICKING

 Young boys and girls, some only mere toddlers, who often fall
prey to sex tourists and traffickers

 The international trafficking of women and children is a growing

phenomenon, as thousands of women and children are trafficked
by businessmen into dens around the world and harems in north
Africa and the Middle East.  

 We also see economic pressures which force women and girls

into servitude.
.
These children are the face of the international trafficking in children today.  

Children working in a carpet factory

 KIDNAPPING

Kidnapping is defined as taking away a person against

their will by way of force, fraud, or threat and holding
them in false imprisonment. 
 The law considers an act to be kidnapping if it is
done with any of the following intentions:
holding the victim for ransom, reward, or some
other ordered condition of release; using the
individual as a shield or a hostage; to disrupt or
interfere with government or political functions;
to aid the commission of a criminal act, or to
inflict injury or suffering on the victim or
another party. 
 End

Thank You
and
Good Evening