Module 2: General

Considerations and Principles

What is the extent of the Philippine territory under the 1987 Constitution? (refer to
the two short videos posted last week, just scroll up)
The Philippine national territory comprises of the Philippine archipelago and all
other territories over which the Philippines has sovereignty or jurisdictions.

3 domains (TFA, TSSIO)

Waters... (ABCI)

What is the new Baselines law?

The new baselines law assures compliance with UNCLOS which the Philippines is a
signatory. It reaffirms Philippine's commitment to the ASEAN-China Declaration on
the Code of Conduct in the South China Sea.

How is it relevant to us?

It is relevant to us because it declares the Philippine's claims on the Spratly Islands
and Scarborough Shoal as "regime or islands" under the Republic of the Philippines
which means we can govern the maritime laws in these islands.

What is meant by the archipelagic doctrine?

The fact that for Archipelagic States it, their archipelagic waters are subject to both
the right of innocent passage and sea lanes passage does not place them in lesser
footing vis-a-vis continental coastal states which are subject, in their territorial sea,
to the right of innocent passage and the right to transit passage through
international straits.
The imposition of these passage rights through archipelagic waters under UNCLOS
III was a concession by archipelagic states, in exchange for their right to claim all
the waters landward of their baselines, regardless of their depth, or distance from
coast, as archipelagic waters subject to national sovereignty. More importantly, the
recognition of archipelagic state's archipelago and waters enclosed by their
baselines as one cohesive entity prevents the treatment of their islands as separate
islands under UNCLOS III. Separate islands generate their own maritime zones,

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 placing the waters between the islands separated by more than 24 nautical miles
beyond the state's territorial sovereignty subjecting these waters to the rights of
other states under UNCLOS III.
The fact of sovereignty, however, does not preclude the operation of the municipal
and international law norms subjecting the territorial sea or archipelagic waters to
necessary, if not marginal, burdens in the interest of maintaining unimpeded,
expeditious international navigation, consistent with the international law principle of
freedom of navigation. Thus, domestically, the political branches of the Philippine
government, in the competent discharge of their constitutional powers, may pass
legislation designating routes within the archipelagic waters to regulate innocent
and sea lanes passage (Magallona, et. al. vs. Ermita, et. al., GR No. 187167,
August 16, 2011).

Does the new baselines law reduce the extent of the Philippine territory when it
defines our archipelagic baselines (that exclude Scarborough Shoal and the Kalayaan
Island) and, therefore, violate the 1987 Constitution?
No, RA 9522 is a Statutory Tool to Demarcate the Country’s Maritime Zones and
Continental Shelf Under UNCLOS III, not to Delineate Philippine Territory. Baselines
laws such as RA 9522 are enacted by UNCLOS III States parties to mark-out
specific basepoints along their coasts from which baselines are drawn, either
straight or contoured, to serve as geographic starting points to measure the breadth
of the maritime zones and continental shelf. A most vital step on the part of the
Philippines in safeguarding its maritime zones, consistent with the Constitution and
our national interest. This includes Scarborough Shoal and the Kalayaan Islands.

Is Scarborough Shoal and the Kalayaan Islands not within the territory of the
Philippines considering that these are outside the archipelagic baselines?
Scarborough shoal and spratly is outside of our territorial sea. It is still our territory
(all other territories over which the PH has jurisdiction or sovereignty). Under new
baseline laws, these 2 regime of islands, we have jurisdiction and sovereignty over
these 2 islands. No constitutional violation in the new baseline law. Within EEZ 800
nm.

What is the basis of our claim over Scarborough Shoal and the Kalayaan Islands?

(claims is in the second part of the definition of Art.1) Basis of our claim and win is
in the Maritime Entitlement – we are a signatory to unclos and china, the coastal

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 state has right to exploit the resources, exclude china to do fishing or exploit the
area.
It’s not yet resolved, not part of our territory

What is meant by innocent passage?

Innocent passage is a concept in the law of the sea that allows for a vessel to pass
through the territorial waters of another state, subject to certain regulations.

What is considered internal waters of the Philippines?

Internal waters – those connecting the island

Under unclos – internal waters are those waters from the archipelagic baseline
where innocence passage is allowed subject to our regulation

Under unclos – territorial sea is 12 miles from the baseline bec. we are an
archipelago. Terri is part of our territory by unclos.
Coastal after 12miles that’s considered high seas under int’l law we don’t have any
more sovereignty and control. We have limited control within the 24 mile.
Outside the 24 miles we don’t have control we only have right to the resources. We
can’t exercise sovereignty over EEZ.

EEZ – Maritime to exclude China or foreign vessels in exploiting our resources,

additionally we always

In the case of Magallona, how did the Court resolve the issue that UNCLOs
accordingly violate the sovereignty of the Philippines as it allows innocent passage
within our internal waters?
Under customary law, we still exercise jurisdiction. Passage by foreign ships is not a
right, but may be granted by the Philippines to foreign states but only as a
dissolvable privilege.

Why did the Philippines file a case before the International Arbitration Tribunal
against China over the Spratly Group of Island?

To question China’s 9-dash line as bases for their claims over a territorial dispute in
the South China Sea.

What are our claims and our grounds? (refer to the Opening Statement of DFA Sec
Del Rosario)

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 Maritime entitlement, unclos sec 2 of article 12

How was the case decided? (just summary).

No. In so far as for island ownership, walay jurisdiction unclos, it’s the international
court under intl law.

Does the case resolve with finality who rightfully owns Spratly Group of Islands?
Explain.

It’s not yet resolved as to who rightfully owns Spratly Group of Islands.

What are the legal and practical bases of the general rule that the State cannot be
sued without its consent? (Villasor case)

The Constitution declares that “the State may not be sued without its consent”
Recognition of the sovereign character of the State and an expressed affirmation of
the unwritten rule effectively insulating it from the jurisdiction of courts

The indiscriminate suits against the State will result in the impairment of its dignity &
being challenge to its supposed infallibility.
Practical considerations that the demands & inconveniences of litigation will divert
the time & resources of the State from the more pressing matters demanding its
attention to the prejudice of the public welfare.
The principle of Sovereign equality of States, under which one State cannot assert
jurisdiction over another in violation of the maxim par in parem not habet imperium.
• Under the maxim of “par in parem non habet imperium,” a State cannot assume
jurisdiction over a case lodged against another State unless the latter gives consent
to be sued. • It has been ruled that such foreign states may be sued in the host
state if engaged regularly therein a business or trade or even if not so engaged on
the basis of its contracts in the host state which may be considered as purely
commercial, private & propriety acts but not with respect to its contract entered into
by it as governmental or sovereign acts.

How do you determine if a suit is made against the State and not on its officials
personally? (Tan case)
1. When act is alleged to be unconstitutional or illegal – failure of doing his duty as
required by the law. – considered individual

2. Purpose to recover taxes unlawfully assisted or collected by the individual

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 3. Recovery of title or possession of property claimed by him in his official capacity

What is the rule in case a suit is made against Incorporated and Unincorporated
agencies of the Govt.? How about against an LGU? (Judge Firme)

The Court ruled that ‘where property of a municipal or other public corporation is
sought to be subjected to execution to satisfy judgments recovered against such
corporation, the question as to whether such property is leviable or not is to be
determined by the usage and purposes for which it is held.
Rule ‘it is suable if its charter says so, and this is true regardless of the functions it
is performing.

They are subject to suit even in the performance of such functions because their
character provides that they can sue and be sued.

Other notes here

Incorporated Agency

Has its own charter of its own that invests it with a separate
juridical personality.
Test of suability is found on its charter

Ex.

LGU – Municipal corporations – it has its own charter, check

with the charter if suable or dili, also under local govt code,
municipal corps can sue and be sued. Not the state, only political
creation or political subdivision of the states.
Unincorporated Agency

It has no separate juridical personality but is merged in the

general machinery of the government.
Dili xa pasabot wala cya gi create by law. These are created by
law admin law of the PH. Created by the time we created branch of the
govt. Part na cya as executive branch wala xa gi create by another
law or another charter.

Primary functions to determine if suable

Through profit – suable

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 Governmental act – di pwedi

Can a suit prosper involving a State to State commercial contract? (China case)

Yes. A suit will prosper involving a state to state commercial contract. The restrictive
application of state immunity is proper only when the proceedings arise out
commercial transactions of the foreign sovereign, its commercial activities or
economic affairs.

What are the exceptions to the rule that a State cannot be sued without its consent?
(Guinto, Vinzon, Ruiz, PCCG, Amigable cases)

Right of Just Compensation THE DOCTRINE ON IMMUNITY FROM SUIT

CANNOT BE USED AS AN INSTRUMENT TO PERPETUATE INJUSTICE.

Can public funds be garnished as a rule?

GENERAL RULE: NO. Whether the money is deposited by way of general or

special deposit, they remain government funds and are not subject to garnishment.
Government properties are not subject to levy & exaction unless otherwise provided
for by statute.

Why?

Art 6 section 29, par 1 Public funds cannot be the object of garnishment
proceedings even if the consent to be sued has been previously granted and the
state liability adjudged. Disbursements of public funds must be covered by the
corresponding appropriation as required by law.

What is the effect if we allow the garnishment of public funds as a rule? (UP,
Department of Agriculture cases)

If we allow the garnishment of public funds as a rule, it will paralyze or disrupt the
functions and public services rendered by the state by the diversion of public funds
from their legitimate and specific objects.

Malversation

When can it be garnished as an exception to the rule?

A law or ordinance has been enacted appropriating a specific amount to pay a valid
government obligation, then the money can be garnished.

What is meant the phrase that “suability does not mean liability”.

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 The state is suable does not mean that it is liable. Or waiver of immunity by the
State does not mean concession of its liability. Thus it can never be liable if it does
not first consent to be sued.

SUABILITY is the result of the express or implied consent of the sate to be sued
LIABILITY is determined after hearing on the basis of the relevant laws and the
established facts.

Is the Preamble a source of a right? Explain.

What is meant by the declaration that the Philippines is a democratic state? Cite 2-3
constitutional provisions that demonstrate this “democratic” nature of our system of
government.

In case of war, is it constitutionally permissible to make the military supreme over

the civilian government because of necessity?

Why?

Can we refuse the demand of the State, by law, to render military service by reason
of religion or political beliefs, like for example, we don’t support a war declared by the
State?

Distinguish de jure govt from de facto?

What is meant by Parens Patriae? (Soriano case)

What is meant by sovereignty as an element of a State?

Why was the proposed Bangsamoro Juridical Entity considered a state within a
State?

Why was it declared unconstitutional?

How is this principle of separation of church and state demonstrated in our

constitutional provisions? Cite 2-3 provisions.

What is meant by strict neutrality and benevolent accommodation in the context of

separation of church and state?

Can we be compelled to make the salute to our Flag if it is against our religion?
Explain. (Ebralinag case)

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 Can our brother Muslims who practice polygamy be charged under the Revised
Penal Code which punishes bigamy?

Why is it allowed as a practice? (benevolent accommodation)

Cite 3 major issues raised in the Ochoa case?

How did the State use the defense of political question in the Ochoa case?

Do you agree? Explain.

Is the promotion of contraceptive pills tantamount to promoting abortion?

When does life begin?

Why was the Catholic church against the RH policy?

How did the Supreme Court resolve this issue?

Is the RH Law violative of the right to health of the people considering that it allows
the distribution of pills which may be harmful? Explain.

Why did the Supreme Court declare unconstitutional a provision in the RH law that
allows a woman to avail of reproductive health services (for example, ligation) without
the consent of her husband?

Is it our absolute policy to ban nuclear weapons in our territory?

Should China invade Luzon, will it be constitutional permissible to allow the

importation and use of nuclear weapons? Explain

What do you understand of the Freedom of Information policy?

Can we demand the current health records of President Duterte invoking Section 28
of Article II?

How about the school record of your classmates in College?

What is meant by the Incorporation Clause?

What is the legal basis for it?

Do we need to make a legislation in order to make generally accepted principles

international law effective in our jurisdiction? (Kuroda case) Explain.

How was the doctrine of transformation demonstrated in the Lantion and Puruganan
cases?

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 How about the theory of auto-limitation?

In the Tanada case, why was there an allegation that the GATT/WTO treaty that the
Philippines signed is violative of the constitution?

How did the Supreme Court decide on the challenge applying the principle of auto-
limitation?

Do you think this theory of auto-limitation was relevant in the Magallona case?

How?

Ina case of conflict between municipal law vs international law, which should
prevail? (Ichong, Gonzales, Philip Morris)

Why is it important for one to have a definite citizenship? (rights, obligation,

protection)

Distinguish the concept of jus sanguinnes vs jus soli as rules in citizenship?

Trace the various changes in the jus sanguiness rule under the 1935, 1973, and
1987 Constitutions? (lead: how the rule on parental source of citizenship changed over
time)

Did gender play a factor in the acquisition and loss of citizenship under the 1935,
1973, and 1987 Constitution?

In what way? (lead: check the rule on the effect of marriage to one’s citizenship)

Distinguish judicial acquisition of citizenship vs. administrative acquisition of

citizenship?

What laws or rules to apply to each? (read the specials laws referred in the Course
Outline and the cases)

When is one considered a natural born Filipino citizen?

Does a person who is born in 1970 of a Filipino mother and alien father considered
a Filipino citizen?

If no, how does/she become one?

If he/she elects to choose Filipino citizenship after the effectivity of the 1973 or 1987
Constitution, is the person considered a natural born?

Why was Fernando Poe, Jr. considered a natural born Filipino citizen?

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 What is the effect of his being an illegitimate child to his acquisition of Filipino
citizenship? (Tecson case)

Who are considered Filipino citizens under the Philippine Bill of 1902?

How was it relevant to the case of Fernando Poe, Jr.?

Who is a foundling? What is the citizenship of a founding?

In the case of Grace Poe (Llamansares), what were the issues raised against her
claim of being a natural born Filipino?

What were the legal bases of the objections?

How did the Supreme Court decide the case? Do you agree with it?

What rules or principles helped her case?

Who are considered naturalized citizens?

How does one become a naturalized citizen?

What is a derivative citizenship? How does it apply to the children and spouse of an
alien becoming a naturalized Filipino?

How does one lose one’s citizenship?

Is mere possession of a foreign passport determinant in one’s citizenship? (Aznar

case)How does one require re-acquire his/her Filipino citizenship? (check special
laws)

Who are considered dual citizens? Can they run for public office?

Why was Edu Manzano considered a dual citizen? (Mercado case)

As a dual citizen, was he qualified to run for public office?

What was the effect of his filing of a certificate of candidacy to his alien citizenship?

In the Jacot case, why was Mr. Nestor Jacot considered a dual citizen?

How did he acquire dual citizenship as compared to Edu Manzano in the Mercado
case (refer to the Dual Citizenship law)?

What is the legal significance of the difference on how each Mercado and Jacot
acquired dual citizenship insofar as its effect of their respective candidacies?

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 Why was Mr. Jacot disqualified as a candidate? Is the mere filing of his certificate of
candidacy enough to renounce his alien citizenship?

What is the citizenship of Gabby Lopez? Was he qualified to own shares in ABS-
CBN? (Prelim exam question)

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