CONSTITUTIONAL LAW I ARTICLE II: DECLARATION OF PRINCIPLES
AND STATE POLICIES through instrumentalities
ARTICLE I: THE NATIONAL TERRITORY
SEC. 1
National territory comprises
(1) Philippine archipelago with all the
islands and waters embraced therein
(2) All other territories over which the
Philippines has sovereignty or
jurisdiction
consisting of terrestrial, fluvial, aerial
domains
including its territorial sea, seabed, subsoil,
insular shelves, and other submarine areas
Form part of the internal waters of the Philippines
- Waters around, between, and
connecting the islands of the
archipelago, regardless of their
breadth and dimensions
Archipelago – body of water studded with islands
Straight baseline method – drawing straight
lines connecting appropriate points on the coast
without departing to any appreciable extent from
the general direction of the coast
Baselines – lines drawn along the low water mark
of an island or group of islands which mark the
end of the internal waters and the beginning of the
territorial sea
Elements of the archipelagic principle
(1) Internal waters
(2) Straight baseline method
Terms according to Magallona
Territorial sea – Marginal belt of maritime water
adjacent to the baselines extending 12 nm
outwards; subject to innocent passage
Contiguous zone – 24 nm; State has limited
control necessary to prevent infringement of its
customs, fiscal, immigration and sanitary laws and
regulations within its territory/territorial sea
Exclusive Economic Zone – 200 nm; a coastal
nation has control of all economic resources within
the zone, including fishing, mining, oil exploration,
and any pollution of those resources
Continental shelf – 200-350 nm; seabed and
subsoil of submarine areas adjacent to the coastal
state, but outside the territorial sea
(3) Owned by the government directly or
SEC. 1: DEMOCRATIC AND REPUBLICAN SEC. 2: INTERNATIONAL LAW AND
STATE PHILIPPINE MUNICIPAL LAW
Elements of a State
(1) People
(2) Territory
(3) Sovereignty
(4) Government
State – community of persons more or less
numerous, permanently occupying a definite
portion of territory, independent of external
control, and possessing an organized government
to which the great body of inhabitants render
habitual obedience
People – community of persons sufficient in
number and capable of maintaining the continued
existence of the community and held together by a
common bond of law
Legal sovereignty – supreme power to affect
legal interests either by legislative, executive, or
judicial action; lodged in the people but is normally
exercised by state agencies
Political sovereignty - sum total of all the
influences in a state, legal and non-legal, which
determine the course of law
Government – institution or aggregate of
institutions by which an independent society
makes and carries out those rules of action which
are necessary to enable men to live in a social
state, or which are imposed upon the people
forming that society by which those who possess
the power of authority of prescribing them
Functions of government
(1) Constituent
(2) Ministrant
Kinds of government according to legitimacy
(1) De jure
(2) De facto
Kinds of de facto governments
(1) Government that gets possession and
control of, or usurps, by force or by the
voice of the majority
(2) Established and maintained by
invading military forces
(3) Established as an independent
government by inhabitants of a
country who rise in insurrection
against the parent state
Republican state – all government authority
emanates from the people and is exercised by
representatives chosen by the people
Democratic state – initiative and referendum
State, government, administration compared
State – corporate entity
Government – one of the elements of a state and
is the institution through which the state exercises
power
Administration – set of people currently running
the institution
Terms according to cases
Instrumentality – any agency of the national
government, not integrated within the department
framework, vested with special functions or
jurisdiction by law, endowed with some if not all
corporate powers and enjoying operational
autonomy (MIAA)
GOCC – agency organized as a stock or non-
stock corporation, vested with functions relating to
public needs whether governmental or proprietary
with nation, and owned by the government directly
or through instrumentalities. For stock
corporations, government must own 51% of
capital stock (Funa)
Requirements of a GOCC (Funa)
(1) Stock or non-stock corporation
(2) Vested with functions relating to public
needs