POLITICAL LAW REVIEWER 2003
“LEAVE NO MAN BEHIND” - SANDOVAL
This reviewer is based on the 2003 BAR REVIEW LECTURE OUTLINE (Political Law and Public International Law [April 2003]) of Atty. EDWIN REY SANDOVAL with his permission.
- Compiled by Rene Callanta, Babut Bacena, Joy Tablatin -
Political Law defined
That branch of public law which deals with the organi zation and operation of the government organs of the state and defines the relations of the state with the inhabitants of it s territory.
Macariola v Asuncion, 114 SCRA 77 (1982)
Political law has been defined as that branch of public law w/c deals w/ the organization and operation of the governmental organs of the State and defines the relations of the state w/ the inhabitants of its territory.
Scope of Political Law.-- The entire field of political law may be subdivided into (a) the law of public administration, (b) constitutional law, (c) administrative law, and (d) the law of public corporations. These four subdivisions may be briefly described for the time being, as follows: The first deals with the organization and management of the different branches of the government; the second, with the guaranties of the constitution to individual rights and the limitations on governmental action; the third, with the exercise of executive power in the making of rules and the decision of questions affecting private rights; and the last, with governmental agencies for local government or for other special purposes.
THE NATIONAL TERRITORY
Art. I, 1987 Constitution
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 Philippine Archipelago
Basis of Art. 1 of the 1987 Constitution [PIL, I. Cruz]
1- All the waters within the limits set forth in the:
a) Treaty of Paris of December 10, 1898 (Cession of the P hilippine Islands
by Spain to the U.S.),
b) between Spain and U.S., The Treaty of Spain and U.S. at Washington, November 1, 1900 (Cagayan, Sulu & Sibuto),
c) Treaty between U.S. and Great Britain, January 2, 1930 (Turtle and Mangsee Islands);
2- All the waters around, between and connecting the various islands of the Philippine Archipelago, irrespective of their width or dimension, have always been considered as necessary appurtenances of the land territory, forming part of the inland or internal waters of the Philippines;
3- All the waters beyond the outermost islands of the archipelago but within the limits of the boundaries set forth in the aforementioned treaties comprise the territorial sea of the Philippines.
4- The baselines from which the territorial sea of the P hilippines is determined consist of straight lines joining the appropriate points of the outermost islands of the archipelago (straight baseline method);
The definition of the baselines of the territorial sea of the Philippine archipelago is without prejudice to the delineation of the baselines of the territorial sea around the territory of Sabah, situated in North Borneo, over which the Republic of the Philippines has acquired dominion and sovereignty.
> Outermost points of the archipelago shall be connected by straight baselines and all islands and waters therein are regarded as one integrated unit
Treaty Limits (Treaty of Paris, Art. III; Treaty between Spain and the US concluded at Washington DC, on November 7, 1900 and that bet ween US and Great Britain on January 2, 1930)
1. Treaty of Paris of 10 December 1898.
Article 3 defines...