Constitution Flashcards
meaning of preamble
to walk before
meaning of preambulus
walking in front
Functions of the Preamble in the Constitution
sets down the origin, scope, purpose of the Constitution
enumerates the primary aims and expresses the aspirations of the framers in drafting the Constitution
useful as an aid in the construction and interpretation of the text of the Constitution
source of light, not only a source of rights and obligations
The Preamble
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality and peace, do ordain and promulgate this Constitution.
an area of the earth’s surface which is the subject of sovereign rights and interests
definite or aliquot area of the earth’s surface within which a State exercises jurisdiction subject to the limitations imposed by international law
fixed portion of the surface of the earth inhabited by people of the state
as an element of a state means an area over which a state has effective control
Territory
a municipal law
constitution
Binding effect in international law of the definition of national territory in the constitution
A definition of national territory in the constitution will bind internationally only if it is supported by proof that can stand in international law
Scope of the Philippine Territory
Philippine archipelago
all other territories over which the Philippines has sovereignty or jurisdiction
Territorial sea, seabed, subsoil, insular shelves and other submarine areas corresponding to….consist of terrestrial, fluvial and aerial domains
Territories covered under Article I
- Those ceded to the US by virtue of the Treaty of Paris
- Those defined in the treaty concluded between US and Spain (Treaty of Washington), which were not defined in the Treaty of Paris, esp. the islands of Cagayan, Sulu and Sibuto
- Those defined in the treaty concluded between the US and Great Britatin (Treaty with Great Britain), specifically the Turtle and Mangsee Islands
- The island of Batanes, which was covered under a general statement in the 1935 Constitution
- Those contemplated in the phrase “belonging to the Philippines by historic right or legal title” in the 1973 Constitution
date of Treaty of Paris
December 10, 1898
date of Treaty of Washington
November 7, 1900
date of Treaty with Great Britain
January 2, 1930
That body of water studded with islands which is delineated in the Treaty of Paris, as modified by the Treaty of Washington, and the Treaty with Great Britain
- These are the same treaties which delineated Philippine territory in the 1935 Constitution
Philippine Archipelago
method used to delineate the territorial sea
Imaginary straight lines are drawn joining the outermost points of the outermost islands of the archipelago without departing to any appreciable extent from the general configuration of the archipelago
straight baseline method
The waters within the baselines shall be considered _______ while the breadth of the __________ shall then be measured from the baselines
internal waters
territorial sea
distance from baseline is territorial sea
12 miles
Article I
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 .
Archipelagic doctrine
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 .
consists of a number of islands separated by bodies of water, should be treated as one integral unit
archipelago
provided contiguous zone and exclusive economic zone
UNCLOS
contiguous zone
12 miles from the end of the territorial sea
exclusive economic zone
200 miles from the baseline
Although CZ and EEZ may not be part of the territory of the State, they enjoy-
preferential rights over the marine resources found within these zones
Modes of Acquiring Territory
Discovery Prescription Accretion Cession Conquest
oldest mode of acquiring territory
for it to be valid and effective, it must be accompanied by occupation, management and administration of the island discovered
Discovery
the continued occupation of a territory for a long period of time by one state
Prescription
It is a process where the land area of a State caused by the operation of either the forces of nature, or artificially through human labor, is increased
Accretion
is a bilateral agreement whereby one State transfers over a definite portion of a territory to another
Cession
is the acquisition of a territory by the use of force which reduces the vanquished territory to the submission of the conquering State
Conquest
Penal laws of the Philippines are enforceable within:
its territory
exception of Penal law
Article 2 of Revised Penal Code
Penal laws of the Philippines can also be enforced outside its territory against those who:
Should commit an offense while on a Philippine ship or airship
Should forge or conterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands
Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number
While being public officers or employees, should commit an offense in the exercise of their functions
Should commit any of the crimes against national security and the law of nations, defined in th Title One of Book Two of the Revised Penal Code
Territorial Disputes
Sabah
Spratly Islands
date when Sabah came under British control
1877
undertook the administration of Sabah in 1881
British North Borneo Company
date when Federation of Malaysia came into existence
September 16, 1963
former name of Sabah
British North Borneo
Spratly Islands is disputed between countries:
China Taiwan Vietnam Brunei Malaysia Philippines
largest of the 12 main islets
Itu Aba
total area of Itu Aba
36 hectares
significant local wildlife in Spratly
seabirds
turtles
Are binding rules which must be observed in the conduct of the government
Principles
guidelines for the orientation of the state
Policies
Article II Section 1
The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.
Government of the people, by the people and for the people
Republican State
example of direct democracy
initiative
referendum
Manifestations of a Republican State
Ours is a government of laws and not of men
Rule of majority
Accountability of public officials
Bill of rights
Legislature cannot pass irrepealable laws
Separation of Powers
Historical development of the Policy condemning or outlawing war in the International Scene
Covenant of the League of Nations
Kellog-Briand Pact of 1928
Charter of the United Nations
provided conditions for the right to go to war
Covenant of the League of Nations
aka the General Treaty for the Renunciation of War
ratified by 62 states
forbade war as an instrument of national policy
Kellog-Briand Pact of 1928
prohibits the threat or use of force against the territorial integrity or political independence of a State
Charter of the United Nations
Article II Section 2
The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.
Incorporation Clause
Acceptance of Dualist View of Legal Systems
Doctrine of Incorporation
International Law
Domestic law is distinct from international law
International law becomes a part of municipal law only if it is incorporated in to municipal law
Acceptance of dualist view of legal systems
Every state is, by reason of its membership in the family of nations, bound by generally accepted principles of international law, which are considered automatically part of its own laws
Applies only to customary law and to treaties which have become part of customary law
Doctrine of Incorporation
Deals with the conduct of states and of international organizations and with their relations
Can be used by Philippine courts to settle domestic disputes
International Law
Article II Section 3
Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.
Reasons for the Existence of Armed Forces
As protector of the people and the State
To secure the sovereignty of the State and integrity of the national territory
They may be called to prevent or suppress lawless violence, invasion or rebellion
All members of the armed forces shall take an oath or affirmation to uphold and defend the Constitution
Article II Section 4
The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service.cralaw
Article II Section 5
The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.cralaw
Article II section 6
The separation of Church and State shall be inviolable.
