Constitutionally Correct

8/2/2019 Constitutionally Correct

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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.

Constitutionally Correct

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