Constitution - Sandy Crab PDF

Preview

Summary

%ART. I. THE NATIONAL TERRITORYSection 1. 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, in...

Description

Page%1%of%118% % ART. I. THE NATIONAL TERRITORY Section 1. 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. : Constitution ! municipal law ! binding only within the territorial limits of the sovereignty : BASELINE METHOD: 1) Normal- the breadth of the territorial sea is measured from the low waterline, following the indentations of the coast 2) Straight- drawn as straight lines connecting appropriate points on the coast, without departing to any appreciable extent from the general direction of the coast Internal Waters – ABSOLUTE SOVEREIGNTY. Waters around, between and connecting the islands of the Phil. Archipelago, regardless of their breadth and dimensions, including the waters in bays, rivers and lakes. No right of innocent passage for foreign vessels exists. Also known as waters on the landward side of baselines from which the breadth of the territorial sea is calculated. Territorial Sea – [12 n.m.] an adjacent belt of sea with a breadth of 12 nautical miles measured from the baselines of a state and over which the state has sovereignty. Ships of all states enjoy right of innocent passage. Right of Innocent Passage: 1.International Straits (see Corfu channel case) 2.Territorial Sea – NO air passage for aircraft generally allowed 3.Archipelagic Waters – air passage allowed Contiguous zone – [24 n.m.] over which the coastal state may exercise limited control necessary to prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea. Exclusive economic zone – [200 n.m.] A coastal nation has control of all economic

states. However, other nations have the right of navigation and overflight over this area, subject to the regulation of the coastal state. (has to be proclaimed by the State). Continental Shelf - This is the seabed and subsoil of the submarine areas adjacent to the coastal state but outside the territorial sea. The continental shelf extends 200 n.m., and in some cases may extend up to 350 n.m., following the natural prolongation of the soil. The coastal state has the right to explore and exploit the natural resources in this area, but does not extend to other materials such as shipwrecks. I. UNCLOS Archipelagic state

A State constituted wholly by 1 or more archipelagos and may include other islands A group of islands, including parts of islands, interconnecting Archipelago waters and other natural features which are so closely interrelated that such form an intrinsic geographical, economic and political entity, or which historically have been regarded as such A marginal belt of maritime water adjacent to the base lines Territorial sea extending 12 nm outward Subject to the right of innocent passage* by other states Low waterline along the coast as marked on large scale charts Baselines officially recognized by the coastal state Internal All parts of the sea landwards from the baseline and inland rivers and lakes [under 1973 Consti, no right of innocent waters/territorial passage] waters (ALL criminal laws Established right of innocent passage BUT: this new rule only applies to areas NOT previously apply) considered as internal waters Composed of: Insular shelf 1) Seabed and subsoil of the submarine areas adjacent to the coastal state but outside the territorial sea 2) Seabed and subsoil adjacent to islands Right to: 1) Explore and exploit natural resources 2) Erect installations needed 3) Erect safety zone with radius of 500 m. *Innocent passage- passage not prejudicial to the interest of the coastal state or contrary to the principles of international law. Test – WON it is an intrusive entry or is threatening to the sovereignty of the State. II. National Territory under the 1987 Consti ..all other territories over which the Philippines has sovereignty or jurisdiction … its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas

Changed wording from the 1973 version

1) 2) 3)

Terrestrial- all surfaces of land Fluvial- inland waters: bays internal waters, sea waters baseline Aerial- air directly above its domains

above the sea and rivers, streams, landwards from the terrestrial and fluvial

resources within this zone, including fishing, mining, oil exploration, and any pollution of those resources, which include the sea, seabed, and subsoil to the exclusion of other %Sandy%Crab%and%The%Plagiarist%

Political%Law%Review!2013%

%

Page%2%of%118% % Magallona vs. Ermita [Baselines Law, Art. I, UNCLOS, RA9522] RA9522 adjusted the country’s archipelagic baselines and classified the baseline regime of nearby territories. Amended the old Baselines law (RA3046), which was compliant to UNCLOS I and codified the sovereign right of states parties over their territorial sea but did not determine its breadth. RA9522, is compliant with UNCLOS III, which prescribes the water-land ratio, length and contour of baselines of archipelagic states like the Philippines and sets the deadline for the application for the extended continental shelf. RA9522 therefore shortened 1 baseline, optimized the location of some basepoints around the archipelago and classified adjacent territories, namely the Kalayaan Island Group (KIG) and the Scarborough Shoal, as “regimes of islands” whose islands generate their own applicable maritime zones. Constitutional. First, RA9522 is a statutory tool to demarcate the country’s maritime zones and continental shelf under the UNCLOS III, and not to delineate Philippine territory. UNCLOS III has nothing to do with the acquisition or loss of territory. It is a multilateral treaty regulating sea-use rights over maritime zones, contiguous zone, and continental shelves that UNCLOS III delimits. On the other hand, baselines laws such as RA9522 are enacted by the state parties to mark out specific basepoints along their coasts from which baselines are drawn, either straight or contoured, to serve as geographic starting points to measure the breadth of the maritime zones and continental shelf. Thus, they are nothing but statutory mechanisms for the states parties to delimit with precision the extent of their maritime zones and continental shelves. In turn, this gives notice to the rest of the international community of the scope of the maritime space and submarine areas within which states parties exercise treaty-based rights. Second, RA9522’s use of the framework of regime of islands to determine the maritime zones of the KIG and the Scarborough Shoal are not inconsistent with the Philippines’ claim of sovereignty. Petitioners believe that such weakens our territorial claim. A look at RA3046 and RA9522 show that the latter mainly followed the base points mapped by the former; under both, the KIG and the Scarborough Shoal are still outside of the baselines drawn around the Philippine archipelago. RA9522, by optimizing the location of the basepoints, increase the Philippines’ total maritime space. Congress, if they included both islands inside our baselines, might be accused of “departing to an appreciable extent from the general configuration of the archipelago.” Third, RA9522 and UNCLOS III are not incompatible with the Constitution’s delineation of internal waters. Petitioners contend that the law converts internal waters into archipelagic waters, hence subjecting them to the right of innocent passage. Philippines still exercises sovereignty over these waters under UNCLOS III. The political branches of the Philippine government, in the competent discharge of their constitutional powers, may pass legislation designating routes within the archipelagic waters to regulate innocent and sea lanes passage. In the absence of municipal legislation, international law norms in UNCLOS III operate to grant innocent passage rights over the territorial sea or archipelagic waters, subject to the treaty’s limitations and conditions for their exercise.

ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES: PRINCIPLES: Sec. 1: The Philippines is a democratic and Republican State. Sovereignty resides in the people and all government authority emanates from them. Elements of a State: A community of persons more or less numerous, permanently occupying a

organized government to which the great body of inhabitants render habitual obedience (people, territory, sovereignty, government). People: Community of persons sufficient in number and capable of maintaining the continued existence of the community and held together by a common bond of law. Sovereignty: o Legal sovereignty: supreme power to affect legal interests either by legislative, executive or judicial action (lodged in the people and exercised by state agencies). o Political sovereignty: sum total of all the influences in a state, legal and non-legal which determine the course of law. Government: Institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state. Can Muslims have a state? Yes based on the definition it is possible. Self executing v. non-self executing: When there is a specific right (OPOSA) then it can be a source of rights and obligation. Presidential form of government: there is a separation of powers -- legislative, executive and judicial. Parliamentary government: 1. The members of the government or cabinet or the executive arm are also members of the legislature. 2. The government or cabinet consisting of the political leaders of the majority party or of a coalition who are also members of the legislature, is in effect a committee of the legislature. 3. The government or cabinet has a pyramidal structure at the apex of which is the prime minister. 4. The government or cabinet remains in power only for as long as it enjoys the support of the majority of the legislature. 5. Government and legislature are possessed of control devices with which each can demand the other immediate political responsibility. Republican State: wherein all government authority emanates from the people and exercised by representative chosen by the people. The Philippines is not only a representative or republican state but also shares some aspects of direct democracy such as initiative and referendum. State: is the corporate entity Government: is one of the elements of a state and is the institution through which the state exercises its powers. Administration: consists of the set of people without a change in either state or government (changes) Tondo Medical v. CA In 1999, the DOH launched the Health Sector Reform Agenda (HSRA). Petitioners questioned the first reform agenda involving the fiscal autonomy of government hospitals, particularly the collection of socialized user fees and the corporate restructuring of government hospitals. Petitioners alleged that the implementation of the aforementioned reforms had resulted in making free medicine and free medical services inaccessible to economically disadvantaged Filipinos. Posited that the HSRA is void for being in violation of the following constitutional provisions: Art. II, Sections 5, 9, 10, 11, 13, 15, and 18. The SC dismissed the petition since the abovementioned provisions do not contain judicially enforceable rights.

definite portion of territory, independent of external control, and possessing an %Sandy%Crab%and%The%Plagiarist%

Political%Law%Review!2013%

%

Page%3%of%118% % BCDA v. COA: Congress passed an act that created the Bases Conversion and Development Authority (BCDA). The Board had the power to make compensation scheme for its employees. BCDA adopted a 10,000peso year-end benefit (YEB) grant for contractual, regular and permanent employees following that of the BSP’s scheme. BSP then increased its YEB to 30,000-35,000. The BCDA then increased to 30,000 and granted the same to BCDA members and consultants this was disallowed by COA. The SC held that under the law the BCDA members are only allowed to receive per diems of 5,000 per meeting and not to exceed 4 meetings in one month. YEB is only granted to the employees, but consultants do not have an employee-employer relationship with the BCDA. The claim of petitioners that under Art. 2 of the Constitution under the declaration of policies they should be granted the benefits because they have mouths to feed and stomachs to fill. The SC held the provisions in Article 2 are non-self executing and therefore cannot be used to support their argument. Functions of government: 1. Constituent: compulsory functions which constitute the very bonds of society (peace and order from violence and robbery etc.). 2. Ministrant: Optional functions of the government (for public welfare that private wont usually do or that the government can do better than private). Due to complexities of modern society more things are considered governmental functions such as housing, water supply etc. Bacani v. NACOCO NACOCO is NOT a government entity within the purview of section 2 of the Revised Administrative Code of 1917. Corporations performing certain functions of government do not acquire that status for the simple reason that they do not come under the classification of municipal or public corporation. While the National Coconut Corporation was organized with the purpose of “adjusting the coconut industry to a position independent of trade preferences in the United States” and of providing “Facilities for the better curing of copra products and the proper utilization of coconut by-products”, a function the government chose to exercise to promote the coconut industry; it was given a corporate power separate and distinct from government, for it was made subject to the provisions of Corporation Law in so far as its corporate existence and the powers that it may exercise are concerned. It may sue and be sued in the same manner as any other private corporations, and in this sense it is an entity different from our government. Unincorporated Corp. ACCFA v. CUGCO: ACCFA was charged with ULP by the Union because of violations of the CB. ACCFA then became ACA. Union sought to be declared as exclusive bargaining unit (EBU). The Court of Industrial Relations (CIR) granted this. ACA filed certiorari contesting the jurisdiction of the CIR. The SC held that the ACA was doing government functions now not constituent but ministrant (optional for government welfare due to complexities of modern society). Therefore being a government agency cant have an EBU because the right to strike cannot be granted to them. GOCC VFP vs. Reyes The issue is whether the VFA’s officers have been delegated some portion of the sovereignty of the country, to be exercised for the public benefit. The Court ruled that the functions of petitioner corporation enshrined in Section 4 of Rep. Act No. 264031 should most certainly fall within the category of sovereign functions. The protection of the interests of war veterans is not only meant to promote social justice, but is also intended to reward patriotism. All of the functions in Section 4 concern the well-being of war

veterans, our countrymen who risked their lives and lost their limbs in fighting for and defending our nation. Instrumentalities MIAA v. CA MIAA is not a government-owned or controlled corporation but an instrumentality of the National Government and thus exempt from local taxation; it does not have capital stock that is divided into shares. It is also a non-stock corporation because it has no members. MIAA is a government instrumentality vested with corporate powers to perform efficiently its governmental functions. It is like any other government instrumentality, except MIAA is vested with corporate powers. MIAA exercises the governmental powers of eminent domain, police authority and the levying of fees and charges, at the same time, MIAA exercises "all the powers of a corporation under the Corporation Law, insofar as these powers are not inconsistent with the provisions of this Executive Order. Likewise, when the law makes a government instrumentality operationally autonomous, the instrumentality remains part of the National Government machinery although not integrated with the department framework. Quasi-Public Corp. Phil. Society v. COA: The Philippine Society for the Prevention of Cruelty to Animals was incorporated as a corporation by special law since at the time of its creation there was no corporation code yet. Under the law they had the power to fine violators of the law (half would go to the municipality and the other half to them). These powers however were subsequently revoked. An EO was made that wanted to examine their books by COA. They claimed that they are not a GOCC that would be subject to that. The SC held that they are NOT a GOCC but a private corporation. The charter test does not apply here because during that time there was no corporation code yet. Petitioner’s charter also shows that it is not subject to any control or supervision by any government agency of the state and lastly just because their functions redound to the public does not necessarily make it a public corporation. Serana vs. SB Petitioner contends that she is not a public officer. She does not receive any salary or remuneration as a UP student regent. In Aparri v. Court of Appeals, the Court held that: A public office is the right, authority, and duty created and conferred by law, by which for a given period, either fixed by law or enduring at the pleasure of the creating power, an individual is invested with some portion of the sovereign functions of the government, to be exercise by him for the benefit of the public. The administration of the UP is a sovereign function in line with Article XIV of the Constitution. UP performs a legitimate governmental function by providing advanced instruction in literature, philosophy, the sciences, and arts, and giving professional and technical training. Moreover, U is maintained by the Government and it declares no dividends and is not a corporation created for profit. Legitimacy of Governments: 1. De jure: Established by authority of a legitimate sovereign a. Cory government was de jure since established by the authority of the legitimate sovereign, the people. b. GMA’s was also de jure 2. De facto: established in defiance of a legitimate sovereign a. Government gets possession and control of or usurps by force or by the voice of the majority. b. Established and maintained by invading military forces c. Established as an independent government by inhabitants of

a country who rise in insurrection against the parent state. %Sandy%Crab%and%The%Plagiarist%

Political%Law%Review!2013%

%

Page%4%of%118% % Co Kim Cham v. Valdez Tan Khe: The issue in this case was WON the proceedings during the Japanese period still apply or continue after the occupation? The SC held yes because the governments established in the Philippines under the names of the Philippine Executive Commission and Republic of the Philippines during the Japanese military occupation or regime were de facto governments. It is classified as a de facto government of the second kind or a government of paramount force. The judicial acts and proceedings of the courts of justice of those governments, which are not of a political complexion, were good and valid, and, by virtue of the well-known principle of postliminy (postliminium) in international law, remained good and valid after the liberation or reoccupation of the Philippines. It is part of international law that acts and proceedings of the legislative, executive, and judicial departments of a de facto government are valid. There are several kinds of de facto governments: 1. That governmen...