definition of archipelago

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POLITICAL LAW

That branch of public law which deals with theorganization and operations of the governmental organsof the State and defines the relations of the State withthe inhabitants of its territory.

Scope/Divisions of Political Law:1. Constitutional Law²the study of the maintenance of

the proper balance between authority as represented bythe three inherent powers of the state and liberty asguaranteed by the Bill of Rights.

2. Administrative Law-- That branch of public law whichfixes the organization, determines the competence of administrative authorities who executes the law, andindicates to the individual remedies for the violation of hisright.3. Law on Municipal Corporations4. Law of Public Officers5. Elections Law

Basis:1. 1987 Constitution2. 1973 and 1935 Constitutions3. Organic laws made to apply to the Philippines²a. Philippine Bill of 1902b. Jones Law of 1916c. Tydings-McDuffie Law of 19344. Statutes, executive orders and decrees, and judicialdecisions5. US Constitution

Constitution²it is the document which serves as thefundamental law of the State; that body of rules andmaxims in accordance with which the power of sovereignty are habitually exercised.

That written instrument enacted by direct actionof the people by which the fundamental powers of thegovernment are established, limited and defined, and bywhich those powers are distributed among the severaldepartments for their safe and useful exercise for thebenefit of the body politic.

It is the basic and paramount law to which allother laws must conform and to which all persons,including the highest officials of the land, must defer. Noact shall be valid, however noble its intention, if itconflicts with the Constitution. The Constitution mustever remain supreme. All must bow to the mandate of

this law. Right or wrong, the Constitution must be upheldas long as the sovereign people have not changed it.

Classification:1. Written -one whose precepts are embodied in onedocument or set of documents Unwritten - consists of rules which have not beenintegrated into a single, concrete form but are scatteredin various sourcesExamples: a. statutes of fundamental character;b. judicial decisions;

c. commentaries of publicists;d. customs and traditions;e. certain common law principles

2.Enacted (conventional)-formally struck off at a definite time and place followinga conscious or deliberate effort taken by a constituentbody or ruler Evolved (Cumulative)-the result of political evolution,

not inaugurated at any specific time but changing byaccretion rather than by any systematic method

3. Rigid -one that can be amended only by a formal andusually difficult process Flexible -one that can be changed by ordinaryLegislation

The Philippine Constitution is written, conventional andrigid. It is embodied in one document and can beamended only by a formal and usually difficult process.

Essential Qualities of the Written Constitution:

1. Broad;2. Brief; and3. Definite.

Essential parts of a good written Constitution:

a. Constitution of Liberty²sets forth the fundamentalcivil and political rights of the citizens and imposeslimitations on the powers of the government as a meansof securing the enjoyment of those rights. e.g. Bill of Rightsb. Constitution of Government²outlines theorganization of the government, enumerates its powers,lays down certain rules relative to its administration anddefines the electorate. e.g. Legislative, Executive andJudicial Departments, Constitutional Commissionsc. Constitution of Sovereignty²the provisions pointingout the mode or procedurein accordance with which formal changes in thefundamental law may be brought about. e.g. Art. XVII-

Amendments or Revisions

PREAMBLEWe, the sov erei gn F ilipi no peo ple, impl ori ng the aid of almi ghty God, i n order to build a just and humane soc iety and establi sh A gov er nment that shall embod y our ideal sand as pir at i ons, P r omot e the common good, conser v e

and dev el o p our pat rimony , And secure to our sel v es and our post eri ty the blessi ngs of Independenc e and democ r acy under the r ule of l aw and a reg ime of t r uth,

just i c e, f reed om, l ov e, equali ty , and peac e, d o ord ai n and pr omul gat e thi s const i tut i on.

The Preamble is not a source of power or right for anydepartment of government. It sets down the origin,scope, and purpose of the Constitution. It bears witnessto the fact that the Constitution is the manifestation of thesovereign will of the Filipino people.



The identification of the Filipino people as the author of the constitution calls attention to an important principle:that the document is not just the work of representativesof the people but of the people themselves who put their mark approval by ratifying it in a plebiscite.

1. It does not confer rights nor impose duties.2. Indicates authorship of the Constitution; enumeratesthe primary aims and aspirations of the framers; and

serves as an aid in the construction of the Constitution.

ARTICLE INATIONAL TERRITORY

T he nat i onal t erri tor y compri ses the Philippi ne ar chipel ago, w i th all the i sl and s and wat er s embr ac ed therei n, and all other t erri tories ov er whi ch the Philippi nes has sov erei gnty or juri sdi ct i on, consi st i ng of i ts t errest ri al, f l uv i al and aeri al d omai ns, i nc l udi ng i tst erri tori al sea, the seabed, the subsoil, the i nsul ar shel v es, and other submari nes areas. T he wat er sar ound, betw een and connect i ng the i sl and s of the ar chipel ago, regardless of their bread th and dimensi ons,

form par t of the i nt er nal wat er s of the Philippi nes.´

Two (2) Parts of the National Territory:1. The Philippine archipelago with all the islands andwaters embraced therein; and2. All other territories over which the Philippines hassovereignty or jurisdiction.

Definition of Archipelago An archipelago is a body of water studded with islands.The Philippine archipelago is that body of water studdedwith islands which is delineated in the Treaty of Paris(1898), as amended by the Treaty of Washington (1900)and the Treaty of Great Britain (1930).

Definition of ³all other territories over which thePhilippines has sovereignty or jurisdiction´It includes any territory that presently belongs or might inthe future belong to the Philippines through any of theinternationally accepted modes of acquiring territory.

Archipelagic principleTwo elements:1. The definition of internal waters (as provided above);2. The st r ai ght baseli ne method of delineating theterritorial sea ± consists of drawing straight linesconnecting appropriate points on the coast without

departing to any appreciable extent from the generaldirection of the coast.

Straight Archipelagic Baseline²to determine thearchipelagic waters, the state shall draw straightbaselines connecting the outermost points of theoutermost islands and drying reefs, provided that theratio of the area of the water to the area of the land,including atolls, is between 1:1 and 9:1. The length of such baselines shall not exceed 100 nautical miles,except up to 3% of the total number of baselines

enclosing any archipelago may exceed that length, up toa maximum 125 miles. The baselines drawn should notdepart, to any appreciable extent, from the generalconfiguration of the archipelago. All the waters within thebaselines shall then be considered internal waters. Thebreadth of the 12-mile territorial sea, the contiguouszone, the exclusive economic zone and the continentalshelf shall then be measured from the archipelagicbaselines.

Important distances with respect to the watersaround the Philippines1. Territorial sea - 12 nautical miles (n.m.)2. Contiguous zone - 12 n.m. from the edge of theterritorial sea3. Exclusive economic zone - 200 n.m. from the baseline[includes (1) and (2)]

ARTICLE II ± DECLARATION OF PRINCIPLES ANDSTATE POLICIESS elect ed pri nc iplesSEC 1. The Philippines is a democratic and

republican State. Sovereignty resides in the peopleand all government authority emanates from them.

Elements of a State (for municipal law purposes)CODE: PTSG1. A community of persons, more or less numerous(PEOPLE)2. Permanently occupying a definite portion of territory(TERRITORY)3. Independent of external control (SOVEREIGNTY)4. Possessing an organized government to which thegreat body of inhabitants render habitual obedience(GOVERNMENT)

RepublicanismVWhat is a republican form of government?

It is a government of the people, by the people, and for

the people, a representative government wherein thepowers and duties of government are exercised anddischarged for the common good and welfare.

It is one wherein all government authorityemanates from the people and is exercised byrepresentatives chosen by the people.

Definition of Democratic StateThis merely emphasizes that the Philippines has some

aspects of direct democracy such as initiative andreferendum.

Characteristics of a republican form of government:1. The people do not govern themselves directly butthrough their representatives;2. It is founded upon popular suffrage;3. There is the tripartite system of the government, themutual interdependence of the three departments of thegovernment.



STATE²a community of persons, more or lessnumerous, permanently occupying a definite portion of territory, independent of external control, and possessinga government to which a great body of inhabitants render habitual obedience.

State -is a legal or juristic concept Nation-is an ethnic or racial concept

Government -merely an instrumentality of the Statebody of inhabitants render habitual obedience throughwhich the will of the State is implemented and realized.

Republican state²one constructed on the principle thatthe supreme power resides in the body of the people. Itspurpose therefore is to guarantee against two (2)extremes:1. On the one hand, monarchy and oligarchy;2. On the other, pure democracy.

Elements of State:1. People²the inhabitants of the State; the # of which is

capable for self-sufficiency and self-defense; of bothsexes for perpetuity.a. Inhabitants;b. Citizens;c. Electors.

2. Territory²a fixed portion of the surface of the earthinhabited by the people of the State.3. Government²the agency or instrumentality throughwhich the will of the State is formulated, expressed andrealized.4. sovereignty ± supreme and uncontrollable power inherent in a state by which that state is governed.

³Government of Laws and Not of Men.´²sovereigntyof the people also includes the concept that governmentofficials have only the authority given them by law anddefined by law, and such authority continues only withthe consent of the people.

Kinds of Sovereignty: a. Legal²the power to issue final commands;b. Political²the sum total of all the influences which liebehind the law;c. Internal²the supreme power over everything within itsterritory;d. External²also known as independence²freedomfrom external control.

Characteristics:a. Permanenceb. Exclusivenessc. Comprehensivenessd. Absolutenesse. Indivisibilityf. Inalienabilityg. Imprescriptibility

Sovereignty, often referred to as Imperium²is theState¶s authority to govern; it includes passing lawsgoverning a territory, maintaining peace and order over it, and defending it against foreign invasion. It is thegovernment authority possessed by the State expressedin the concept of sovereignty.

Dominium²is the capacity of the State to own or acquire property such as lands and natural resources.

Government of the Philippines²refers to the corporategovernmental entity through which the functions of thegovernment are exercised throughout the Philippines,including, save as the contrary appears from the context,the various arms through which political authority ismade effective in the Philippines, whether pertaining tothe autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of localgovernment.

Act of State

y An act done by the sovereign power of a country,or by its delegate, within the limits of the power

vested in him.y Cannot be questioned or made the subject of

proceedings in a court of law

De Jure vs. De Facto

De Jure

Has a rightful title but no power or control, either

because the same has been withdrawn from it or because it has not yet actually entered into the exercisethereof.De Facto

Actually exercises the power or control but without legal

title.a. De facto proper²government that gets possessionand control of, or usurps, by force or by the voice of themajority, the rightful legal government and maintainsitself against the will of the latter;

b. Government of ParamountForces²established and maintained by the militaryforces who invade and occupy a territory of the enemy inthe course of war;

c. Independent Government² established by theinhabitants of the country who rise in insurrection against

the parent State.

Classification of governments1. De jure - one established by the authority of thelegitimate sovereign2. De facto - one established in defiance of the legitimatesovereign

SEC. 2. The Philippines renounces war as aninstrument of national policy, adopts the generallyaccepted principles of international law as part of the



law of the land and adheres to the policy of peace,equality, justice, freedom, cooperation, and amitywith all nations.

Kind of war renounced by the PhilippinesThe Philippines only renounces AGGRE SS IVE war as aninstrument of national policy.It does not renounce defensive war.

Some "generally accepted principles of internationallaw" recognized by theCourt:1. Right of an alien to be released on bail while awaitingdeportation when his failure to leave the country is due tothe fact that no country will accept him2. The right of a country to establish militarycommissions to try war criminals3. The Vienna Convention on Road Signs and SignalsAmity with all nationsThis does not mean automatic diplomatic recognition of all nations. Diplomatic recognition remains a matter of executive discretion.

Doctrine of Parens Patriae²the government asguardian of the rights of the people may initiate legalactions for and in behalf of particular individual.

Effect of Belligerent Occupation²there is no changein sovereignty. However, political laws, except those of treason, are suspended; municipal laws remain in forceunless changed by the belligerent occupant.

Principle of J us Postliminium²at the end of theoccupation, when the occupant is ousted from theterritory, the political laws which have been suspendedshall automatically become effective again.Effect of Change of Sovereignty²political laws of theformer sovereign are abrogated unless they areexpressly re-enacted by the affirmative act of the newsovereign.Municipal laws remain in force.

Doctrine of Incorporation²the doctrine where thegenerally accepted principles of international law aremade part of the law of the land either by expressprovision of the Constitution or by means of judicialdeclaration or fiat. The doctrine is applied whenever municipal tribunals or local courts are confronted withsituations in which there appears to be a conflict between

a rule of international law and the provisions of theConstitution or statute of a State. Efforts should first beexerted to harmonize them so as to give effect to both. Incase of conflict between international law and municipallaw, the latter shall prevail.However, the doctrine dictates that rules of internationallaw are given equal standing with, and are not superior to, national legislative enactments.

SEC 3. Civilian authority is, at all times, supremeover the military. The Armed Forces of the

Philippines is the protector of the people and theState. Its goal is to secure the sovereignty of theState and the integrity of the national territory.

Civilian authority/supremacy clause (1st sentence)1. Civilian authority simply means the supremacy of thelaw because authority, under our constitutional system,can only come from law.2. Under this clause, the soldier renounces political

ambition.

SEC 4. The prime duty of the Government is to serveand protect the people. TheGovernment may call upon the people to defend theState and, in the fulfilment thereof, all citizens maybe required, under conditions provided by law, torender personal, military, or civil service.

SEC. 5. The maintenance of peace and order, theprotection of life, liberty and property, and thepromotion of the general welfare are essential for theenjoyment by all the people of the blessings of

democracy.

SEC. 6. The separation of Church and State shall beinviolable.

SEC. 7. The State shall pursue an independentforeign policy. In its relations with other states, theparamount consideration shall be nationalsovereignty, territorial integrity, national interest,and the right to self-determination.

SEC. 8. The Philippines, consistent with the nationalinterest, adopts and pursues a policy of freedomfrom nuclear weapons in its territory.

SEC. 12. The State recognizes the sanctity of familylife and shall protect and strengthen the family as abasic autonomous social institution. It shall equallyprotect the life of the mother and the life of theunborn from conception. etc.

P ri nc iple that the famil y i s not a c reature of the stat e.Protection for the unborn1. It is not an assertion that the unborn is a legal person.2. It is not an assertion that the life of the unborn isplaced exactly on the level of the life of the mother.Hence, when it is necessary to save the life of the

mother, the life of the unborn may be sacrificed.3. Under this provision, the Roe v. Wade doctrineallowing abortion up to the 6

thmonth of pregnancy

cannot be adopted in the Philippines because the life of the unborn is protected from the time of conception.

SEC. 16. The State shall protect and advance theright of the people to a balanced and healthfulecology in accord with the rhythm and harmony of nature.



1. While the right to a balanced and healthful ecology isfound under the declaration of Principle and StatePolicies and not under the Bill of Rights, it does notfollow that it is less important than any of the civil andpolitical rights enumerated in the latter. (Oposa v.Factoran)2. The right to a balanced and healthful ecology carrieswith it the correlative duty to refrain from impairing theenvironment. (Oposa v. Factoran)

SEC. 26. The State shall guarantee equal access toopportunities for public service, and prohibit politicaldynasties as may be defined by law.

SEC. 27. The State shall maintain honesty andintegrity in the public service and take positive andeffective measures against graft and corruption.

SEC. 28. Subject to reasonable conditionsprescribed by law, the State adopts and implementsa policy of full public disclosure of all itstransactions involving public interest.

Section 3. State Immunity

Suability of State1) The State cannot be sued without its consent.

2) When considered a suit against the Statea). The Republic is sued by name;b). Suits against an un-incorporated government

agency;c). Suit is against a government official, but issuch that ultimate liability shall devolve on thegovernment

i. When a public officer acts in bad faith,or beyond the scope of his authority, hecan be held personally liable for damages.ii. BUT: If he acted pursuant to his officialduties, without malice, negligence, or bad faith, they are not personally liable,and the suit is really one against theState.

3) This rule applies not only in favor of the Philippines butalso in favor of foreign states.4) The rule likewise prohibits a person from filing for interpleader, with the State as one of the defendantsbeing compelled to interplead.

Consent to be suedA. Express consent:1). The law expressly grants the authority to sue theState or any of its agencies.2). Examples:

a). A law creating a government body expresslyproviding that such body³may sue or be sued.´

b). Art. 2180 of the Civil Code, which createsliability against the State when it acts through aspecial agent.

B. Implied consent:1). The State enters into a private contract.

a). The contract must be entered into by theproper officer and within the scope of hisauthority.

b). UNLESS: The contract is merely incidental tothe performance of a governmental function.

2). The State enters into an operation that is essentially abusiness operation.

a). UNLESS: The operation is incidental to theperformance of a governmental function (e.g.arrastre services)b). Thus, when the State conducts businessoperations through a GOCC, the latter cangenerally be sued, even if its charter contains noexpress ³sue or be sued´ clause.

3). Suit against an incorporated government agency.a) This is because they generally conduct

propriety business operations and have charterswhich grant them a separate juridical personality.4). The State files suit against a private party.UNLESS: The suit is entered into only to resist a claim.

Garnishment of government funds:1) GENERAL RULE: NO. Whether the money isdeposited by way of general or special deposit, theyremain government funds and are not subject togarnishment.2) EXCEPTION: A law or ordinance has been enactedappropriating a specific amount to pay a validgovernment obligation, then the money can begarnished.

Consent to be sued is not equivalent to consent toliability:1) The Fact that the State consented to being sued doesnot mean that the State will ultimately be held liable.2) Even if the case is decided against the State, anaward cannot be satisfied by writs of execution or garnishment against public funds. Reason: No moneyshall be paid out of the public treasury unless pursuant toan appropriation made by law.

DOCTRINE OF SEPARATION OF POWERSThis principle operated as an implicit limitation on

legislative powers as on the two other powers.In essence, separation of powers means the legislationbelongs to Congress, execution to the executive,settlement of legal controversies to the judiciary. Each isprevented from invading the domain of the others. Butthe separation is not total. The system allows for ³checks and balances´ the net effect of which beingthat, in general, no one department is able to act withoutthe cooperation of at least one of the other departments.Purpose: To prevent concentration of powers in onedepartment and thereby to avoid tyranny. The purpose



was not to avoid friction, but, by means of the inevitablefriction incident to the distribution of governmentalpowers among the three departments, to save the peoplefrom autocracy.1. To secure action2. To forestall over action3. To prevent despotism4. To obtain efficiency

Principle of Blending of Powers: Instances whenpowers are not confined exclusively within onedepartment but are assigned to or shared by severaldepartments.Principle of Checks and Balances: This allows onedepartment to resist encroachments upon its prerogativeor to rectify mistakes or excesses committed by the other departments.

The first and safest criterion to determine whether a

given power has been validly exercised by a particular department is whether or not the pow er has been const i tut i onall y conf erred u pon the depar t ment c l aimi ng i ts exer c i se²since the conferment is usually done

expressly. However, even in the absence of expressconferment, the exercise of the power may be justifiedunder the doctrine of necessary implication. The grantof express power carried with it all other powers that maybe reasonably inferred from it.

Justiciable question- implies a given right, legallydemandable and enforceable, an act or omissionviolative of such right, and a remedy granted andsanctioned by law for said breach of right

y The issue will be brought to the court to resolveit.

y Procedural; legality

"Political Question" connotes what it means in ordinaryparlance, namely, a question of policy. It refers to thosequestions which under the Constitution, are to bedecided by the people in their sovereign capacity; or inregard to which full discretionary authority has beendelegated to the legislative or executive branch of thegovernment. It is concerned with issues dependent uponthe wisdom, not legality, of a particular measure"

y exclusive prerogative of the congress

Justice Laurel defined social justice as ³neither communism, nor despotism, nor atomism, nor anarchy´but humanization of laws and equalization of social andeconomic forces by the State so that justice in its rationaland objectively secular conception may at least beapproximated.

Social justice means the promotion of the welfare of allthe people, the adoption by the government of measurescalculated to insure economic stability of all thecomponent elements, through the maintenance of a

proper economic and social equilibrium in the inter-relations of the members of the community,constitutionally, through the adoption of measures legally

justifiable, or extra-constitutionally, through the exerciseof powers underlying the existence of all governments onthe time-honored principle of salus populi est supremalex.

ARTICLE XVII- AMENDMENTS OR REVISIONS

Definitions:1) Amendment: an alteration of one or a few specificprovisions of the Constitution. Its main purpose is toimprove specific provisions of the Constitution. Thechanges brought about by amendments will not affect theother provisions of the Constitution.2) Revision: An examination of the entire Constitution todetermine how and to what extent it should be altered. Arevision implies substantive change, affecting theConstitution as a whole.

Three (3) steps necessary to give effect toamendments and revisions:

1) Proposal of amendments or revisions by the proper constituent assembly;2) Submission of the proposed amendments or revisions;and3) Ratification.

Proposal of amendments: Amendments may be proposed by: A. Congress, acting as a constituent assembly, by a 3/4vote of all its members.

The power of Congress to propose amendments is

NOT part of its ordinary legislative power.

The only reason Congress can exercise such power

is that the Constitution has granted it such power.

B. Constitutional Convention:1) How a Constitutional Convention may be called

a). Congress may call a ConCon by a 2/3 vote of all its members; or b). By a majority vote of all its members,Congress may submit to the electorate thequestion of whether to call a ConCon or not.

2) Choice of which constituent assembly (either Congress or ConCon) should initiate amendments andrevisions is left to the discretion of Congress. In other words, it is a political question.

3) BUT: The manner of calling a ConCon is subject to judicial review, because the Constitution has provided for vote requirements.

4) If Congress, acting as a constituent assembly, calls for a ConCon but does not provide the details for the callingof such ConCon, Congress - exercising its ordinarylegislative power - may supply such details. But in sodoing, Congress (as legislature) should not transgress



the resolution of Congress acting as a constituentassemble.

5) Congress, as a constituent assembly and the ConConhave no power to appropriate money for their expenses.Money may be spent from the treasury only to pursuantto an appropriation made by law.

C. People¶s Initiative

1) Petition to propose such amendments must be signedbe at least 12% of ALL registered voters.2) Every legislative district represented by at least 3% of the registered voters therein.3) Limi tat i on: It cannot be exercised oftener than onceevery 5 years.

Note:1) While the substance of the proposals made by eachtype of constituent assembly is not subject to judicialreview, the manner the proposals are made is subject to

judicial review.

2) Since these constituent assemblies owe their existence to the Constitution, the courts may determinewhether the assembly has acted in accordance with theConstitution.

3) Examples of justiciable issues:a) Whether a proposal was approved by therequired number of votes in Congress (acting asa constituent assembly).b) Whether the approved proposals wereproperly submitted to the people for ratification.

Proposal of Revisions1) By Congress, upon a vote of 3/4 of its members2) By a constitutional convention

Ratification1) Amendments and revisions proposed by Congressand/or by a ConCon:

a) Valid when ratified by a MAJORITY of votescast in a plebiscite.b) Plebiscite is held not earlier than 60 days nor later than 90 days from the approval of suchamendments or revisions.

2) Amendments proposed by the people via initiative:a) Valid when ratified by a MAJORITY of votescast in a plebiscite.

b) Plebiscite is held not earlier than 60 days nor later than 90 days after the certification byCOMELEC of the petition's sufficiency.

3) Requisites of a valid ratification:a) Held in a plebiscite conducted under theelection law;b) Supervised by the COMELEC; andc) Where only franchised voters (registered)voters take part.

4) Issues regarding ratification:a) The Constitution does not require thatamendments and revisions be submitted to thepeople in a special election. Thus, they may besubmitted for ratification simultaneously with ageneral election.

b) The determination of the conditions under which proposed amendments/revisions are

submitted to the people falls within the legislativesphere. That Congress could have done better does not make the steps taken unconstitutional.

c) All the proposed amendments/revisions madeby the constituent assemblies must be submittedfor ratification in one single plebiscite. Therecannot be a piece-meal ratification of amendments/revisions.

d) Presidential proclamation is NOT required for effectivity of amendments/revisions, UNLESSthe proposed amendments/revisions so provide.

Two-part test:

quantitative test asks whether the proposed change is"so extensive in its provisions as to change directly the'substantial entirety' of the constitution by the deletion or alteration of numerous existing provisions." The courtexamines only the number of provisions affected anddoes not consider the degree of the change.

The qualitative test inquires into the qualitative effectsof the proposed change in the constitution. The maininquiry is whether the change will "accomplish such far

reaching changes in the nature of our basicgovernmental plan as to amount to a revision." Whether there is an alteration in the structure of government is aproper subject of inquiry.

definition of archipelago

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