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Constitutionally Correct
NationalTerritory
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Article 1
National TerritorySection 1. The national territory comprises thePhilippine archipelago, with all the islands andwaters embraced therein, and all the other
territories over which the Philippines hassovereignty or jurisdiction, consisting of titsterrestrial, fluvial, and aerial domains, includingits territorial sea, the seabed and the subsoil,the insular shelves and other submarine areas.
The waters around, between and connectingthe islands of the archipelago, regardless oftheir breadth and dimensions, form part of theinternal waters of the Philippines
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Why is there no rule in internationallaw that requires a state to define
its territories in the constitution? With or without such law, the sate has
unquestionable right to assert jurisdiction
throughout the extent of its territoryAfter all, such limitation is not binding
upon other states who are not precluded
from claiming title to territories with whichthey think is theirs
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Why do we need to define our
territories?
To make the whole world know which ourterritories are, and thus prevent futureconflicts
To enable the country to enforce the lawon its subjects/people
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What comprises the national
territory of the Philippines?
The Philippine archipelago with all theislands and waters embraced thereto
All other territories over which thePhilippines has sovereignty or jurisdiction
The territorial, fluvial and aerial domainsincluding the territorial sea, the seabedand the subsoil, the insular shelves andother submarine areas. The waters
around, between and connecting theislands of the archipelago, regardless oftheir breadth and dimensions, form part ofthe internal waters of the Philippines
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What is an archipelago?
A sea or part of a sea that is studded withislands or island groups
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Why was the phrase other territories
belonging to the Philippines by historic rightor legal title eliminated in the 1987
Constitution?
To improve our relationship with Malaysiawhile allowing for flexibility in pursuingour claim to Sabah
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Define the following
Territorial sea
The part of the sea extending 12 nauticalmiles (19 kms.) from the low water mark.
Also called the marginal belt or marinebelt
Sea bed
Refers to the land that holds the sea, lyingbeyond the sea shore, including mineraland natural resources
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Subsoil
Everything beneath the surface soil andthe sea bed including mineral and naturalresources
Insular shelves Submerged portions of a continent or
offshore island
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How are the waters of the earth
divided based on the standpoint of
international law? Inland waters
Territorial sea
High seas/open seas
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Who owns the open seas?
No country exercises sovereign right overopen seas however, any country can makeuse of it
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Explain how the Philippinesadopted the 12 mile rule when
in fact internationalconventions rule it as 3 nautical
miles, although it was
eventually changed
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What was the Philippinesdefense in the 1958
International Convention on theLaw of the Sea?
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What are the subject matters of the
law of the sea?
The surface of the oceans
Lands under the ocean or seabed
The waters or resources of the oceans The air space above the ocean
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What is a baseline?
The starting places from which a coastalstates internal waters, territorial sea, and
the other maritime zones are measured
Wh t i th l i t l t ?
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What is the rule on internal waters?Does it allow or can international
access internal waters? Most states permit access to designated
ports as a matter of commercial necessity
Access to navigable waters, rivers orcanals is governed by treaties
C f i l b t d
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Can a foreign vessel be preventedfrom leaving the internal waters of
a state ? Under what conditions? Unseaworthiness of the vessel
Have injured territorial seas
Have been sued in civil actions
Have committed custom offenses
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To what extent does a state have
control over its territorial sea?
Fishing
The sea bed
The subsoil The airspace
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What are archipelagic waters?
Waters within straight baselines of up to100 nautical miles connecting theoutermost islands of archipelagic states
What is the contiguous zone?
a zone extending not more than 24nautical miles from the baselines fromwhich the territorial sea is measuredwithin which a coastal state may:
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Contiguous zone
Turn back a ship planning to commitillegal acts inside its territorial waters
Arrest a ship leaving its territorial watersthat has violated local law
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Continental shelf
The seabed and subsoil of the submarine areasthat extend beyond its territorial sea throughoutthe natural prolongation of its land territory to
the outer edge of the continental margin The maximum extension of the continental shelf
provided for by the UN Convention is
If the shelf does not extend 200 nautical miles, a states
claim can nonetheless extend to this distance
If the shelf extends beyond 200 nautical miles, the maximumclaim can be no more than 350 nautical miles
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Constitutionally Correct
Declaration of Principlesand State Policies
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Section 1
The Philippines is a democratic andrepublican State. Sovereignty resides in the
people and all government authorityemanates from them
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Section 1 declares the Philippines
as a republican and democratic
state, is there a difference betweenbeing a republican and a democratic
country?
Republican government meansdemocracy through representatives
Section 1 was stated that way because of
some purely democratic principles are stilladopted by the country eg referendumand initiative
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Give 3 manifestations of a
democratic and republican state?
The existence of bill of rights The observance of the rule of majority The observance of the principle that the country
is run by a government of laws and not of men The presence of elections through popular will Separation of powers The observance of the principle that the
legislative cannot pass irrepealable laws The observance of the laws on public officers The principle that the state cannot be sued
without its consent
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Section 1 also recognizes that thepeople are the ultimate judges of
their destiny, does this earn rightfor the people to resort to revolution
when the situation calls for it? YES! Is it necessary to put in the constitution
that change through revolution is on e ofthe states policies?
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The answer is NO!
Irregardless of any constitution, the people willrevolt if they are provoked, oppressed or abused
The Philippine constitution adheres to the rule oflaw, it will be a contradiction to the principle if we
express revolution as a recognized state policy It has serious implications on the political
situation of the state Since, the state is democratic in nature, it opens
and hears all grievances coming from themasses, hence, belittling the need for arevolution
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Section 2The Philippines renounces war as aninstrument of national policy, adopts
generally accepted principles ofinternational law as part of the law of theland and adheres to the policy of peace,
equality, justice, freedom, cooperationand amity with all nations
If th tit ti
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If the constitution renounces war as
an instrument of national policy,
then why does the governmentdeclare war on different groups?
The word War only pertains to aggressive
wars and does not cover wars for theprotection of the states integrity and honor,
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We adopt generally accepted
principles of international law as
part of our laws, what will happenif:
There is a discrepancy/conflict betweenthe international law and the local law ofthe land?
The international law will be superseded
by our law, however, the former will still beregarded as an engagement of the state toother nation states
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Section 3
Civilian authority is, at all times, supremeover the military. The Armed Forces of thePhilippines is the protector of the people
and the state. Its goal is to secure thesovereignty of the state and the integrity ofthe national territory
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Can we classify the Lt.Trillanes incident as an act of
mutiny against the state?YES
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What are the check and balancesprovided for by the constitution to
prevent these acts of mutiny?
A civilian, the President is the Commander inChief of the AFP
With the consent of the Com. On Appointments,the President chooses the high ranking officialsto be appointed
The President determines the budget The President defines the national policy on
defense and security
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Section 4
The prime duty of the government is toserve and protect the people. Thegovernment may call upon the people to
defend the state and in the fulfillmentthereof, all citizens may be required, underconditions provided by law, to render
personal military or civil service
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Based on Section 4, what do we
mean by?
Compulsory
Any citizen recruited for the army or civilservice pursuant to law for the defense ofthe State may not refuse on the groundthat to go to war is against his religion
Civil Service
Refers to any service for the defense ofthe state other than as soldiers
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More on Section 4
Personal
One cannot render the service requiredthrough another
By law
This is intended to prevent arbitrariness onthe part of certain officials to requiremilitary or civil service
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Section 5
The maintenance of peace and order, theprotection of life, liberty and property, andthe promotion of the general welfare are
essential for the enjoyment by all thepeople of the blessings of democracy
SECTION 6 The Separation
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SECTION 6. The Separation
between Church and State shall be
inviolable The State shall have no official religion The state cannot set up a church, whether or
not supported with public funds Every person is free to profess belief or disbeliefin any religion
Every religious minister is free to practice his
calling The state cannot punish a person forentertaining or professing religious beliefs
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What are the other constitutional
provisions regarding religion?
Our constitution and laws exempt fromtaxation, properties devoted exclusively toreligious purposes
The use of public money or property is notprohibited when a priest, preacher, ordignitary as such is assigned to the armedforces, or to any penal institution orgovernment orphanage or leprosarium
Optional religious instruction in public andelementary and high schools is by
constitutional mandate allowed
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STATE POLICIES
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SECTION 7The state shall pursue an independentforeign policy with other states theparamount consideration shall be national
sovereignty, territorial integrity, nationalinterest, and the right ton self determination
Wh ibili i i
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Whose responsibility is it to
formulate foreign policies
The Congress shares with the Presidentthe responsibility of formulating thecountrys foreign policy, although the
conduct thereof is primarily reposed to theexecutive. The formulation of foreignpolicies is done by the president with the
help of the Dept. of Foreign Affairs
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Explain the following
Foreign policy is a reflection of domesticpolicies
Our foreign policy is independent
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SECTION 8
The Philippines, consistent with thenational interest, adopts and pursues apolicy of freedom from nuclear weapons in
its territory
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What is the intention of Section 8
The intent is to forbid the making, storingand manufacture or testing in our countryof nuclear weapons, devices or parts
thereof, as well as the use of the territoryas dumping sites of ships or planes withnuclear weapons
A th ti t th
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Are there any exemptions to the
provision? Cite some
The provision does not prohibit the use ofnuclear energy for medicine, agricultureand other peaceful and beneficial
purposes
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Section 9
The state shall promote a just and dynamicsocial order that will ensure the prosperityand independence of the nation and free
the people from poverty through policiesthat provide adequate social services,promote full employment, a rising standard
of living, and an improved quality of life forall
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Section 10. The state shall promote socialjustice in all phases of nationaldevelopment.
Section 11. The state values the dignity ofevery human person and guarantees fullrespect of human rights
S ti 12
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Section 12
The state recognizes the sanctity of familylife and shall protect and strengthen thefamily as a basic autonomous social
institution. It shall equally protect the life ofthe mother and the life of the unborn fromconception. The natural and primary rightand duty of parents in the rearing of the
youth for civic efficiency and thedevelopment of moral character shallreceive the support of the Government.
S f
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Does the State have the right to interferewith the education of children? Justify.
Yes, insofar as this right rests only to thepower of the state to regulate all schools &their teachers and pupils, require that all
children of proper age attend school andthat teachers be of good moral characterand patriotic disposition. But not to
interfere with the liberty of parents to directthe upbringing and education of childrenunder their control.
Wh i i id d h i i f
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When is it not considered the termination ofthe life of an unborn child abortion?
When it is medicallyestablished as necessaryto save the life of the
mother.
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SECTION 13
The state recognizes the vital role of theyouth in nation building and shallpromote and protect their physical,
moral, spiritual, intellectual and socialwell-being. It shall inculcate in the youthpatriotism and nationalism and
encourage their involvement in publicand civic affairs.
State an evidence that the State
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State an evidence that the Staterecognizes the vital role of the
youth in nationbuilding.
Reducing the voting age from 21
to 18 Existence of the Sangguniang
Kabataan
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SECTION 14
The State recognizes therole of women in nation
building and shall enjoy thefundamental equality before
the law of women and men.
What does the phrase Men and
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pwomen are fundamentally equal as
prescribed in the Constitution?
The constitution means that exceptfor their physical differences men
cannot be regarded as superior towomen. It is the duty of the state thatequality before the law in all aspects
of national life by ending all practicesthat are disadvantageous ordiscriminating against women.