The National Territory

Only available on StudyMode
  • Download(s) : 732
  • Published : March 18, 2013
Open Document
Text Preview
ARTICLE I – THE NATIONAL TERRITORY

The national territory of the Philippines comprises:

1. The Philippine archipelago
2. With all the islands and waters embraced therein
3. And all other territories over which the Philippines has sovereignty or jurisdiction 4. Consisting of its
a. Terrestrial
b. Fluvial; andCODE: TFA
c. Aerial domains
5. Including its
a. Territorial sea
b. The seabed
c. The subsoilCODE: TSSIO
d. The insular shelves; and
e. The other submarine areas
6. The waters
a. Around
b. Between and
c. Connecting
d. The islands of the archipelagoCODE: ABCI
Regardless of their breadth and dimensions
Form part of the INTERNAL WATERS of the Philippines

Definition of Archipelago

An archipelago is a body of water studded with islands. The Philippine archipelago is that body of water studded with 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 “all other territories over which the Philippines has sovereignty or jurisdiction”

It includes any territory that presently belongs or might in the future belong to the Philippines through any of the internationally accepted modes of acquiring territory.

Archipelagic principle

Two elements:
1. The definition of internal waters (as provided above); 2. The straight baseline method of delineating the territorial sea – consists of drawing straight lines connecting appropriate points on the coast without departing to any appreciable extent from the general direction of the coast.

Important distances with respect to the waters around the Philippines

1. Territorial sea -12 nautical miles (n.m.)
2. Contiguous zone-12 n.m. from the edge of the territorial sea 3. Exclusive economic zone -200 n.m. from the baseline [includes (1) and (2)]

ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES

Selected 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 (for municipal law purposes) CODE: PTSG

1. 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 the great body of inhabitants render habitual obedience (GOVERNMENT)

Definition of “People” CODE: CNCH

1. A Community of persons;
2. Sufficient in Number;
3. Capable of maintaining the continued existence of the community; and 4. Held together by a common bond of law.

Definition of “Sovereignty”

1. LEGAL sovereignty
a. The supreme power to make law.
b. It is lodged in the people.

2. POLITICAL sovereignty
a. The sum total of all the influences in a state,
b. Legal and non-legal,
c. Which determine the course of law.

3. According to the Principle of AUTO-LIMITATION:
Sovereignty is the property of the state-force due to which it has the exclusive capacity of legal self-determination and self-restriction.

Definition of “Government”

1. That institution or aggregate of institutions
2. by which an independent society
3. makes and carries out those rules of action
4. which are necessary to enable men to live in a social state 5. or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them.

Classification of governments

1. De jure- one established by the authority of the legitimate sovereign 2. De facto - one established in defiance of the legitimate sovereign...
tracking img