Earl Dominic I.

Porcincula
BSGE-1
Reviewer Law Section 2
Divine law – Law that is believed to come directly from - The baselines in the following areas over which
God. the Philippines likewise exercises sovereignty and
Natural Law – a rule or body of rules conduct of inherent jurisdiction shall be determined as “Regime of
in human nature and essential to or binding upon human Islands” under the republic of the Philippines
society. consistent with Article 121 of the United Nations
Man-made Laws Convention on the Law of the Sea (UNCLOS):
- Law that made by humans, usually considered in - The kalayaan island group as constituted under
opposition to concept of natural and divine law. presidential degree no. 1596; and
Natural Vs Man-Made Law - Bajo de Masinloc, also known as Scarborough
Natural Law Man-Made law Shoal.
Based upon principles and Based upon constructs of RA 9522
truths mind Section 3
Harmonized with due to Complied with, due to - The act affairs that the Republic of the Philippines
knowledge and fear of punishment
has dominion, sovereignty and jurisdiction over all
understanding
portions of the national territory as defined in the
Universal; exists and Differs with location
applies anywhere in the based upon the constitution and by provisions of applicable laws
universe regardless of legislators. including, without limitation, republic act no.
location 7160, otherwise known as the local government
Eternal and Changes with time-based code of 1991, as amended.
unchallengeable applies for upon the legislator. Section 4
as long as the universe - This act together with the geographic coordinates
exist
and the charts and maps indicating the baselines,
State
shall be deposited and registered with the
- Is a community of persons, more or less
secretary General of the United Nations.
numerous, permanently occupying a definite
Section 5
territory, under an organized government to which
- The national mapping and resources information
they render habitual obedience and enjoying
authority (NAMRIA) shall forthwith produce and
freedom from foreign control.
publish charts and maps of the appropriate scale
Basic Elements of State
clearly representing the delineation of base points
1. People
and baselines as set forth in this act.
2. Territory
Limits of Maritime zone
3. Government
Territorial Seas – measured 12 nautical miles from
4. Sovereignty
the baseline
Basic Elements of State
Contiguous Zone – measured 24 nautical miles from
People
the baseline
- The inhabitants or the population of the state that
Exclusive Economic Zone – measured 200 nautical
comprises the citizens
miles from the baseline.
Territory
High seas
- Definite geographic area occupied by the people.
- Parts of the sea which are not included in the
1. Terrestrial
exclusive economic zone, in the territorial sea or
2. Maritime
the internal waters of the state, or in archipelagic
3. Fluvial
waters of the state.
4. Aerial
- High seas are not subject to the jurisdiction of any
Government
state.
- The body of people and different agencies that
Continental Shelf
make and enforce law.
- It is the seabed and subsoil of the submarine
Sovereignty
areas extending beyond the territorial sea
- From the French word “soverain”, this means to
throughout the natural prolongation of the land
rule over.
territory.
Constitution
Aerial Domain
- A body of fundamental principles or established
- This refers to the air space above the land and
precedents according to which a state or other
waters if the state but excluding the outer space.
organized organization is acknowledge to be
Lecture 2 (Complete information)
governed
Article XII
- The constitutions determine the power and duties
National Economy and Patrimony
of the government.
Section1. The goals of the national economy are a more
1987 Philippine Constitution
equitable distribution of opportunities, income, and
Article 1 – national Territory
wealth; a sustained increase in the amount of goods and
- The national territory comprises the Philippine
services produced by the nation for the benefit of the
archipelago, with all the islands and waters
people; and expanding productivity as the key to raising
embraced therein and all other territories over
the quality of life for all, especially the underprivileged.
which the Philippines has sovereignty or
The state shall promote industrialization and full
jurisdiction, consisting of its terrestrial sea, the
employment based on sound agricultural development
seabed, the subsoil, the insular shelves, and other
and agrarian reform, through industries that make full of
submarine areas.
efficient use of human and natural resources, and which
- The waters around, between and connecting the
are competitive In both domestic and foreign markets,
island of the archipelago, regardless of their
However, the state shall protect Filipino enterprises
breadth and dimensions, form part of the internal
against unfair foreign competition and trade practices.
waters of the Philippines.
In the pursuit of these goals, all sectors of the
RA9522: An act to define the baseline of the
economy and all regions of the country shall be given
Philippines Sea
Earl Dominic I. Porcincula
BSGE-1
optimum opportunity to develop. Private enterprises,
including corporation, cooperatives, and similar collective
organizations, shall be encouraged to broaden the base of
their ownership.
Section 2.
All land of his public domain, waters, minerals,
coal, petroleum, and other mineral oils, all forces of
potential energy, fisheries, forest or timber, wildlife, flora
and fauna, and other natural resources are owned by the
state.
(REGALIAN DOCTRINE)
With the exception of agricultural lands, all other
natural resources shall not be alienated. The exploration,
development, and utilization of natural resources shall be
under the full control and supervision of the state. The
state may directly undertake such activities, or it may
enter into co-production, joint venture, or production
sharing agreements with Filipino citizens, or corporations
or associations at least 60 per centum of whose capital is
owned by such citizens, such agreements may be for a
period not exceeding twenty-five years, renewable for
not more than twenty-five years, and under such terms
and conditions as may provided by law. In cases of water
rights for irrigation, water supply, fisheries, or industrial
uses other than the development of waterpower,
beneficial use may be the measure and limit of the
grant.
The state shall protect the nation’s marine with
in its archipelagic waters, territorial sea, and exclusive
economic zone, and reserve its use and enjoyment
exclusively to Filipino citizens.
The congress may by law, allow small-scale
utilization of natural resources by Filipino citizens, as well
as cooperative fish farming, with priority to subsistence
fishermen and fish workers in rivers, lakes, bays, and
lagoons.
The president may enter into agreements with
foresight-owned corporations involving either technical or
financial assistance for large-scale exploration,
development, and utilization of minerals, petroleum, and
other mineral oils according to the general terms and
conditions provided by law, based on real contributions to
the economic growth and general welfare of the country
in such agreements, the state shall promote the
development and use of local scientific and technical
resources.
The president shall notify the congress of every
contract entered into in accordance with this provision,
within thirty days from its executions.
Section 3
Lands of the public domain are classified into
agricultural, forest or timber, mineral lands and national
parks. Agricultural lands of the public domain may be
further classified by law according to the uses to which
they may devote. Alienable lands of the public domain
shall be limited to agricultural lands. Private corporations
or associations may not hold such alienable lands of the
public domain except by lease, for a period not exceeding
twenty-five years, renewable for not more than twenty-
five years, and not to exceed one thousand hectares in
area. Citizens of the Philippines may lease not more than
five hundred hectares, or acquire not more than twelve
hectares thereof, by sale, homestead, free patent or
grant.
Taking into account the requirements of
conservation, ecology, and development, and subject to
the requirements of agrarian reform, the Congress shall
determine, by law, the size of lands of the public domain
which may be acquired, developed, held, or leased and
the conditions therefore.
Based on the Public Land Act or
Commonwealth act 141, alienable lands may be
classified according to use or purpose: a.) Agricultural,
b.) residential, commercial, and industrial or for other
productive purpose c.) Educational, charitable or other
similar purposes d.) Reservations for town sites and for
the public or quasi-public uses.
In the PowerPoint!!!
Lands of the public domain are classified into
agricultural, forest or timber, mineral lands and national
parks
Agricultural lands of the public domain may
be further classifies by law according to the uses to which
they may be devoted.
Alienable lands of the public domain shall be limited to
agricultural lands.
Private corporations or associations may not
hold such alienable lands of the public domain except by
lease, for a period not exceeding twenty-five years,
Subject to: Limitation of Area
Lease (corporation, or 1000 hectares
association)
Lease (individual) 500 hectares
Individual (sale, 12 hectares
homestead, free
patent of grant)
renewable for not more than twenty-five years.
Section 4
The congress shall, as soon as possible,
determine, by law, the specific limits of forest lands and
national parks, making clearly their boundaries on the
ground.
Thereafter, such forest lands and national parks
shall be conserved and may not be increase nor
diminished, except by law.
the congress shall provide for such period as it
may determine, measure to prohibit logging in
endangered forest and watershed areas.
SECTION 5.
The states, subject to the provisions of this
constitution and national development policies and
program, shall protect the rights of indigenous cultural
communities to their ancestral lands to ensure their
economic, social, and cultural well-being.
The congress may provide for the applicability of
customary laws governing property rights or relations in
determining the ownership and ancestral domain.
Article XIII
Social justice and human rights
Agrarian and natural resources reform
Section 4
AGRARIAN AND NATURAL RESOURCES REFORM
The state shall, by law undertake an agrarian
reform program founded on the right of farmers and
regular farmworkers who are landless, to own directly or
collectively the lands they till or, in the case of other
farmworkers, to receive a just share of the fruits thereof.
To this end,
The states shall encourage and undertake the
just distribution of all agricultural land, subject to such
priorities and reasonable retention limits as the congress
may prescribe taking into account ecological,
developmental, or equity considerations, and subject to
the payment of just compensation.
In determining retention limits, the state shall
respect the right of small landowner. The state shall
further provide incentives for voluntary land-sharing.
Earl Dominic I. Porcincula
BSGE-1
- It is enacted formally and deliberately, by a
constituent assembly.
Section 5 Cumulative or Evolved
AGRARIAN AND NATURAL RESOURCES REFORM - It is a product of growth over a long period of time
The state shall recognize the right of farmers, based on customs, traditions or juridical decisions.
farmworker and landowner, as well cooperatives, and  According to manner of Amending
other independent farmer organization to participate in Rigid or inelastic (1987 constitutions)
the planning, organization, and management of the - The constitution cannot be amended or revised
program, ad shall provide support to agriculture through easily without passing through a process.
appropriate technology and research, and adequate , Flexible or elastic
financial , production , marketing and other support - The constitution can be amended or revised like
services. ordinary laws by the same body that makes
Section 6 ordinary laws.
AGRARIAN AND NATURAL RESOURCES REFORM
The state shall apply the principles of agrarian Advantage of a written constitution
reform or stewardship, whenever applicable in accordance 1. It is clear and definite because its provision is
with law in the disposition or utilization of other natural deliberately written in detail.
resources, including lands of the public domain under 2. It is stable because the provisions are known to
lease or concession suitable to agriculture, subject to prior the people
rights, homestead rights of small settles and the rights of 3. It should be able to provide security in protecting
indigenous communities to their ancestral lands. The the rights and liberty of the people because it is
state may resettle landless farmers and farmworkers in its reduced in writing.
own agricultural estates which shall be distributed to Disadvantage of a written Constitution
them in the manner provided by law. 1. It is conservative which tends to direct people and
Urban land reform and housing government actions according to the written
Section 9 URBAN LAND REFORM AND HOUSING rules.
The state shall, by law, and for the common good, 2. It is rigid and difficult to amend. It cannot readily
undertake, in cooperation with the private sector, a adapt to needed changes.
continuing program of urban land reform and housing 3. It is subject to varying interpretations from
which will make available at affordable cost decent lawyers and the court.
housing and basic services to under-privileged and Advantage of unwritten Constitution
homeless citizens in urban centers and resettlement 1. It is adaptable since it is not tied to written form
areas. It shall also promote adequate employment and therefore, can be made to respond according
opportunities to such citizens in the implementation of to given situations.
such program the state shall respect the rights of small 2. It is dynamic and geared toward a continuous
property owners. state of change according to the popular will.
Section 10 URBAN LAND REFORM AND HOUSING 3. It is resilient because it can recover from
Urban or rural poor dwellers shall not be evicted unexpected political circumstances and changes.
nor their dwelling demolished, except in accordance with Disadvantage of unwritten Constitution
law and in a just and humane manner. 1. It is veered toward instability because its
No resettle of urban or rural dwellers shall be provision is subject to change.
undertaken without adequate consultation with them and 2. It tends to cause confusion in the interpretation of
the communities where they are to be relocated. some provisions rooted in customs and usages
Lecture 3 since it is not a product of a deliberate and formal
The constitution legal process.
Constitution is that set of rules, principles and customs Statute and the Constitution
that establishes the limits and distributes the fundamental An ordinary law is called statute. A statute is
power of government and defines its relations with the made by Congress.
citizens. Constitution Statute
Roles of Constitutions It is a fundamental law direct
It is an ordinary law direct from
1. An expression of national ideals and unity from the people. That is, when
the legislators elected by the
enacted by a constituent body,
2. A symbol of government legitimacy people. The law that they pass
it is referred to the people by
need not secure the approval
3. An outline of government structure means of referendum for
of the people.
4. An instrument of political stability people’s approval.
It is deals with the general It deals with the specific details
Nature of constitution
framework of the law. For of a law. For example, to
The constitution: example, art II, Sec 21 of the pursue the provision of art.
1. The constitution binds all citizens and all agencies present constitution states II, Sec. 21 on Agrarian
or organs of the government. that “the state shall Reform, Congress passed
promote comprehensive Republic act no. 6657, the
2. The law which all other laws must conform to. rural development and comprehensive agrarian
3. The test of legality of all government action. agrarian reform.” reform law.
Kinds of Constitution It is intended to meet existing
the future conditions for It is intended to meet only the
 According to form example, because of our need of the present condition.
Written experience with Marcos’ For example in 1993, R.A no.
- It is contained or codified in a single document. It dictatorship, the present 7659 (Death Penalty Law)
constitution provides only was passed by congress to
is drafted or framed by a constituent assembly.
for a six year term for a address the increasing
Unwritten president without re- problems on heinous
- It is a product of political evolutions, customs and election to prevent his crimes.
traditions that evolved from the passage of time. perpetuation in power.
It is a law that must be in
 According to Origin It is the supreme law of the
accordance with the provisions
land.
of the constitution.
Conventional or enacted
Earl Dominic I. Porcincula
BSGE-1
Lecture 4
EXECUTIVE ORDERS
Executive orders are regulation issued by a
member of the executive branch of the government. It
has the same authority as a law.
EXAMPLE
E.O.129 or RECOGNIZING THE MINISTRY OF
AGRARIAN REFORM AND FOR THE OTHER PRUPOSES
E.O.129-A or RECOGNIZING AND
STRENGTHENING THE DEPARTMENT OF AGRARIAN
REFORM AND FORM OTHER PURPOSES

Administrative Orders
Administrative order is an enforceable order
issued by a public authority to an individual or
organization to take certain corrective action, or to refrain
from an activity.
EXAMPLE
DENR ADMINISTRATIVE ORDER 2007-29
“Revised Regulations on Land Surveys”
DENR ADMINISTRATIVE ORDER 2010-05
“Amending Section 9, article III of DENR Administrative
Order No. 20070-29 otherwise known as the “Revised
Regulations on Land Surveys”

Local Ordinances
Local ordinance is a law for a political division
smaller than a state or a nation.
Those laws from the local government:
Province
Municipality
Barangay
Civil Law vs. Criminal Law
Civil law cases involve disputes between
individuals or entities in which the parties seek a
resolution to contractual or other civil issue, criminal law
cases involve the prosecution of an individual for a
criminal act.