JURISDICTION

PRESENTED BY:
RACHEL ANNE BAUTISTA
JURISDICTION
Is the authority exercised by a state over persons and
things within or sometimes outside its territory subject to
certain exceptions
It may be classified as either personal or territorial
 JURISDICTION MAY BE EXERCISED BY A STATE OVER:

ITS NATIONALS TERRESTRIAL DOMAIN MARITIME AND FLUVIAL CONTINENTAL SHELF

DOMAIN

OTHER TERRITORIES

OPEN SEAS AERIAL DOMAIN OUTER SPACE

Let’s help Derpina to guess the jumbled letters

PSEROLAN IONRISJUDCTI
PERSONAL JURISDICTION
The power exercised by a state over its nationals.
It is based on the theory that a national is entitled
to the protection of his state wherever he may be
and is, therefore, bound to it by a duty of
obedience and allegiance. This duty follows him
even when he is outside the territory of his state
and he may not ordinarily be excused from it
unless he is prepared to renounce his own
nationality
 EXAMPLES OF PERSONAL JURISDICTION
 Article 15 of the Civil Code which provides that “laws relating to family rights and
duties, or to the status, condition and legal capacity of persons are binding upon
citizens of the Philippines, even though living abroad”
 Article 16 of Civil Code provides ”intestate and testamentary succession, both with
respect to the order of succession and to the amount of successional rights and to the
intrinsic validity of testamentary provisions, shall be regulated by the national law of
the person whose succession is under consideration, whatever may be the nature of the
property and regardless of the country wherein said property may found”
 Jurisdiction to tax our citizens, even if not residing in the Philippines, is also
provided for in our Revised Internal Revenue Code for income received by them from
all sources
Let’s help Derpina to guess the jumbled letters

LIATTEIRROAR
IONRISJUDCTI
TERRITORIAL JURISDICTION

General Rule:
The state has jurisdiction over all persons
and property within its territory
 TERRITORIAL JURISDICTION
EXCEPTIONS:
 Foreign states, heads of states, diplomatic representatives, and consuls
to a certain degree
 Foreign state property, including embassies, consulates, and public
vessels engaged in non-commercial activities
 Acts of state
 Foreign merchant vessels exercising the rights of innocent passage or
arrival under stress
 Foreign armies passing through or stationed in its territories with its
permission
 Such other persons or property, including organizations like the United
Nations, over which it may, by agreement, waive jurisdiction
Let’s help Derpina to guess the jumbled letters

DLNA IONRISJUDCTI
LAND JURISDICTION
Everything found within the terrestrial domain
of the state is under its jurisdiction.
Nationals and aliens, including non-residents,
are bound by its laws, and no process from a
foreign government can take effect for or
against them within the territory of the local
state without its permission
LAND JURISDICTION
As against all other states, the local state has exclusive
title to all property within its territory, which it may own
in its own corporate capacity or regulate when under
private ownership through its police power or forcibly
acquire through the power of eminent domain. Such
property is also subject to its taxing power
Let’s help Derpina to guess the jumbled letters

AIRMIMITE AND LAIVFLU

IONRISJUDCTI
MARITIME AND FLUVIAL JURISDICTION
The internal waters of a state are assimilated
to the land mass and subjected to the same
degree of jurisdiction exercised over the
terrestrial domain
Covered by this rule are the so-called
enclosed waters, such as the land locked
lakes, national rivers and man-made canals
 MARITIME AND FLUVIAL
JURISDICTION
Civil;, criminal and administrative jurisdiction is exercised
by the flag state over its public vessels wherever they may
be, provided they are not engaged in commerce
Regarding foreign merchant vessels docked in a local port
or bay, jurisdictions is exercised over them by the coastal
state in civil matters, but criminal jurisdiction is determined
according either the ENGLISH RULE or FRENCH
RULE
ENGLISH RULE
The coastal state shall have jurisdiction over all the
offenses committed on board such vessels, except only
where they do not compromise the peace port
FRENCH RULE

The flag state shall have jurisdiction over all offenses

committed on board such vessels, except only where they
compromise the peace port
Note: English Rule is applied in the Philippines
Let’s help Derpina to guess the jumbled letters

ZUUOGTINOC NOZE
CONTIGUOUZ ZONE
Known as “protective jurisdiction”
May not extend beyond 24 nautical miles
from the baselines from which the breadth of
the territorial sea is measured
CONTIGUOUZ ZONE
This practice has been confirmed by the UNCLOS II
where it is provided that in “a zone contiguous to its
territorial sea, described as the contiguous zone, the
coastal State may exercise the control necessary to:
a. Prevent infringement of its customs, fiscal,
immigration or sanitary laws and regulations within its
territory or territorial sea
b. Punish infringement of the above laws and
regulations committed within its territory or territorial sea
Let’s help Derpina to guess the jumbled letters

TINNENCONTAL FLESH
CONTINENTAL SHELF
Compromises the seabed and subsoil of the
submarine areas that extend beyond its territorial
sea throughout the natural prolongation of its
land territory to the outer edge of the continental
margin, or to a distance of 200 nautical miles
from the baselines from which the breadth of the
territorial sea is measured where the outer edge
of the continental margin does not extend up to
the distance
CONTINENTAL SHELF
The coastal state exercise over the continental shelf
sovereign rights for the purpose of exploring it and
exploiting its natural resources. These rights are
exclusive in the sense that if the coastal State does not
explore the continental shelf or exploit its natural
resources, no one may undertake these activities without
express consent of the coastal State.
GENERAL CONCEPTS
ACTS OF STATE DOCTRINE
Every sovereign state is bound to respect the independence
of every other sovereign State, and the courts of one
country will not sit in judge on the acts of the government
of another done within its own territory.
GENERAL CONCEPTS
MARTENS CLAUSE
stipulates in cases not covered by international
humanitarian law conventions, neither combatants nor
civilians find themselves completely deprived of
protection. Instead, in such cases, the conduct of
belligerents remains regulated by the principles of the law
of nations as they result from the usages of international
law, from the laws of humanity, and from the dictates of
public conscience
GENERAL CONCEPTS
DOCTRINE OF AUTO LIMITATIONS
The principle of auto-limitation of sovereignty emphasizes
a situation wherein the state through the legislature
imposes self-limitation on the exercise of its power out of
respect for the relations that it created

Any state may by its consent express or impliedly submit

to restriction of its sovereign rights
GENERAL CONCEPTS
RIGHT OF ANGARY
Angary is a right belligerent States enjoy in times of war,
or international armed conflict, to use or destroy—in case
of necessity and subject to indemnification—neutral
property present in their, or in occupied, territory, such as
merchant vessels and civil aircraft, their cars, or other
objects
THANK YOU FOR LISTENING