Montevideo Convention definition of a state:

- Is a community of persons more or less numerous, permanently occupying a definite portion of territory, having a government of their own to which the great
body of inhabitants render obedience and enjoying freedom from external control.

Doctrine of Parens Patriae (Parens patriae) is Latin for "parent of the nation". In law, it refers to the public policy power of the state to intervene against an abusive or
negligent parent, legal guardian, or informal caretaker, and to act as the parent of any child, individual or animal who is in need of protection.

Functions of the Government

1. Constituent
2. Ministrant

G.R. No. L-18081             April 30, 1963

SOCIAL SECURITY SYSTEM EMPLOYEES ASSOCIATION (PAFLU), petitioner,

vs.
THE HON. JUDGE E. SORIANO, ETC., ET AL., respondents.

In this connection, it is interesting to note the nature of the functions that the government may exercise to accomplish its objectives. These functions are two-fold,
constituent and ministrant: the former constitutes the very bonds of society and are compulsory in nature; the latter the those that are undertaken only by way of
advancing the general interest of society, and are merely optional. President Wilson enumerated the constituent functions as follows:

(1) The keeping of order and providing for the protection of persons and property from violence and robbery.

(2) The fixing of the legal relations between man and wife and between parents and children.

(3) The regulation of the holding, transmission, and interchange of property, and the determination of its liabilities for debt or crime.

(4) The determination of contract rights between individuals.

(5) The definition and punishment of crimes.

(6) The administration of justice in civil cases.

(7) The determination of the political duties, privileges, and relations of citizens.

(8) Dealings of the state with foreign powers; the preservation of the state from external danger or encroachment and the advancement of its international interests.
(Malcolm, The Government of the Philippine Islands p. 19) (Bacani v. National Coconut Corporation, supra).

The most important of the ministrant functions are: public works, public education, public charity, health and safety regulations, and regulations of trade and industry. The
principles determining whether or not a government shall exercise certain of these optional functions are: (1) that a government should do for the public welfare those
things which private capital would not naturally undertake, and (2) that the government should do those things which by their very nature it is better equipped to
administer for the public welfare than is any private individual or group of individual (Bacani v. National Coconut Corporation, supra).

Classifications of Government (legitimacy)

1. De Jure
2. De Facto

De facto means a state of affairs that is true in fact, but that is not officially sanctioned. In contrast, de jure means a state of affairs that is in accordance with law (i.e. that is
officially sanctioned).

Section 3. The State may not be sued without its consent.

Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land
and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

When the State Enters into a Contract

1. Jure Imperii – purely a sovereign act

2. Jure Gestionis – purely for commercial purpose
Justiciability
Overview
Justiciability refers to the types of matters that a court can adjudicate.  If a case is "nonjusticiable," then the court cannot hear it. Typically to be justiciable, the court must
not be offering an advisory opinion, the plaintiff must have standing, and the issues must be ripe but neither moot nor violative of the political question
doctrine. Typically, these issues are all up to the discretion of the court which is adjudicating the issue. 
Advisory Opinion
An advisory opinion is a court's nonbinding interpretation of a legal question. 
Under Article III, Section 2 of the Constitution, a federal court may only adjudicate an actual controversy. This is referred to as the Case and Controversy Clause.  
Some state courts are allowed to issue advisory opinions under limited circumstances, however these circumstances are typically enumerated within that state's
constitution. 
Standing
Standing refers to the capacity of a plaintiff to bring suit in court. Typically, the plaintiff must have suffered an actual harm by the defendant, and the harm must be
redressable.  
Ripeness
A claim is ripe when the facts of the case have matured into an actual controversy. A case is not ripe if the harm to the plaintiff has not yet occurred. 
Mootness
A claim is moot if the relevant issues have already been resolved. 
Political Question Doctrine
Under the political question doctrine, a court will refuse to hear a case if the relevant issues are politically charged. 

Political Question Doctrine

Overview
Federal courts will refuse to hear a case if they find that it presents a political question. This doctrine refers to the idea that an issue is so politically  charged that federal
courts, which are typically viewed as the apolitical branch of government, should not hear the issue. The doctrine is also referred to as the justiciability doctrine or the
nonjusticiability doctrine. 
Applying the Doctrine
In Oetjen v. Central Leather Co. (1918), which is one of the earliest examples of the Supreme Court applying the political question doctrine, the Court found that the
conduct of foreign relations is the sole responsibility of the Executive Branch. As such, the Court found that  cases which challenge the way in which the Executive
 uses that power present political questions. Thus, the Court held that it cannot preside over these issues. 
The Court broadened this ruling in Baker v Carr (1962), when it held that federal courts should not hear cases which deal directly with issues that the Constitution makes
the sole responsibility of the Executive Branch and/or the Legislative Branch.
The Court in Nixon v. United States (1993) also extended this doctrine to which lawsuits which challenge the Legislative Branch's procedure for impeachment proceedings.
Further, the Supreme Court has chosen to apply the doctrine in more cases related to the Executive Branch than in cases related to the Legislative Branch.

4.2.1. Delegation to the Executive Department (President)

a. Emergency powers to the President, Article VI, Section 23 (2); Article XII, Section 12
SECTION 23. (2) In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such
restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the
Congress, such powers shall cease upon the next adjournment thereof.
b. Tariff powers to the President, Article VI, Section 28 (2)
SECTION 28. (2) The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may
impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development
program of the Government.

4.2.1. Delegation to the Judicial Department (Rule-making power to the Supreme Court, Article VIII, Section 5 (5)
SECTION 5. The Supreme Court shall have the following powers:
(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the
Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform
for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme Court.
4.2.2. Delegation to the Constitutional Commissions [Article IX-A, Section 6; Article IX-C, Section 3; Article IX-D, Section 2 (2)]
Doctrine of subordinate legislation
ARTICLE IX
Constitutional Commissions
A. Common Provisions
SECTION 6. Each Commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules however shall not
diminish, increase, or modify substantive rights.
C. The Commission on Elections
(3) Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election
officials and inspectors, and registration of voters.
D. Commission on Audit
SECTION 2. (2) The Commission shall have exclusive authority, subject to the limitations in this Article, to define the scope of its audit and examination, establish the techniques
and methods required therefor, and promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary,
excessive, extravagant, or unconscionable expenditures, or uses of government funds and properties.
4.2.3. Delegation to Commission on Human Rights, Article XIII, Section 18
SECTION 18. The Commission on Human Rights shall have the following powers and functions:

(1) Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights;

(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court;

(3) Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for
preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection;

(4) Exercise visitorial powers over jails, prisons, or detention facilities;

(5) Establish a continuing program of research, education, and information to enhance respect for the primacy of human rights;

(6) Recommend to the Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families;

(7) Monitor the Philippine Government’s compliance with international treaty obligations on human rights;

(8) Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth
in any investigation conducted by it or under its authority;

(9) Request the assistance of any department, bureau, office, or agency in the performance of its functions;

(10) Appoint its officers and employees in accordance with law; and

(11) Perform such other duties and functions as may be provided by law.

Fundamental Powers of the State and General Welfare Clause

a. Police Power – as the power of promoting public welfare by restraining and regulating the use of liberty and property.
b. Eminent Domain – where private property is needed for conversion to some public use, the first thing obviously that the government should do is to offer to
buy it. If the owner is will to sell and the parties can agree on the price and the other conditions of the sale, a voluntary transaction can then be concluded and
the transfer effected without the necessity of judicial action.
c. Taxation – “taxes are the enforced proportional contributions from persons and property, levied by the State by virtue of its sovereignty, for the support of
government and for all public needs.” Taxation is the method by which these contributions are exacted.

4.2.2. Tests for Valid Delegation of Power

a. Completeness Test
b. Sufficient Standard Test
1. Completeness test – the law must be complete in all its terms and conditions when it leaves the legislature such that when it reaches the delegate the only thing he will
have to do is enforce it.

2. Sufficient standard test – there must be adequate guidelines or stations in the law to map out the boundaries of the delegate’s authority and prevent the delegation
from running riot.
5.1. History and Background
5.1.1. The Philippine Revolution and the Malolos Constitution
Philippine Revolution, (1896–98), Filipino independence struggle that, after more than 300 years of Spanish colonial rule, exposed the weakness of Spanish administration but
failed to evict Spaniards from the islands. The Spanish-American War brought Spain’s rule in the Philippines to a close in 1898 but precipitated the Philippine-American War, a
bloody war between Filipino revolutionaries and the U.S. Army.
Numerous quasi-religious uprisings had punctuated the long era of Spanish sovereignty over the Philippines, but none possessed sufficient coordination to oust the Europeans.
During the 19th century, however, an educated Filipino middle class emerged and with it a desire for Philippine independence. Opposition before 1872 was primarily confined to
the Filipino clergy, who resented the Spanish monopoly of power within the Roman Catholic Church in the islands. In that year the abortive Cavite Mutiny, a brief uprising against
the Spanish, served as an excuse for renewed Spanish repression. The martyrdom of three Filipino priests—José Burgos, Mariano Gómez, and Jacinto Zamora—for allegedly
conspiring with the rebels at Cavite sparked a wave of anti-Spanish sentiment.

Philippines: The Philippine Revolution

In August 1896, Spanish friars uncovered evidence of the Katipunan’s plans, and its leaders were forced into premature action. Revolts broke...
Reform-minded Filipinos took refuge in Europe, where they carried on a literary campaign known as the Propaganda Movement. Dr. José Rizal quickly emerged as the leading
Propagandist. His novel Noli me tángere (1886; The Social Cancer, 1912) exposed the corruption of Manila Spanish society and stimulated the movement for independence.

By 1892 it became obvious that Spain was unwilling to reform its colonial government. Andres Bonifacio, a self-educated warehouse clerk, organized a secret revolutionary
society, the Katipunan, in Manila. Membership grew to an estimated 100,000 by August 1896, when the Spaniards discovered its existence. Bonifacio immediately issued a call
for armed rebellion. The Spanish then arrested Rizal, who had advocated reform but never condoned the revolution. Rizal’s public execution, on December 30, 1896, so enraged
and united Filipinos as to make permanent retention of power by Spain clearly impossible.

In March 1897 leadership of the revolution passed to a young general, Emilio Aguinaldo, who had Bonifacio shot for alleged sedition. Aguinaldo proved incapable of militarily
defeating the Spanish troops, who were augmented by Filipino mercenaries. In the later months of 1897, Aguinaldo’s revolutionary army was pushed into the mountains
southeast of Manila.
On December 15, 1897, the pact of Biak-na-Bato was proclaimed. Though its precise terms have been a matter of impassioned debate ever since, the pact brought a temporary
end to the Philippine Revolution. Aguinaldo and other revolutionary leaders accepted exile in Hong Kong and 400,000 pesos, plus Spanish promises of substantial governmental
reforms, in return for laying down their arms. Neither side executed the terms of the pact in good faith. Aguinaldo used the money to purchase arms in Hong Kong, and the
Spanish reneged on the promised reforms.

After the U.S. Navy commodore George Dewey annihilated the Spanish fleet in Manila Bay on May 1, 1898, Aguinaldo immediately returned to the Philippines. He began the
revolution anew, this time against the United States, which had assumed title to the Philippines as a result of the Spanish defeat. Aguinaldo was captured in 1901 and
subsequently appealed to Filipinos to cease fighting and accept U.S. sovereignty.

The Political Constitution of 1899 (Spanish: Constitución Política de 1899), informally known as the Malolos Constitution, was the constitution of the First Philippine Republic. It
was written by Felipe Calderón y Roca and Felipe Buencamino as an alternative to a pair of proposals to the Malolos Congress by Apolinario Mabini and Pedro Paterno. After a
lengthy debate in the latter part of 1898, it was promulgated on 21 January 1899.

The constitution placed limitations on unsupervised freedom of action by the chief executive which would have hampered rapid decision making. As it was created during the
fight for Philippine independence from Spain, however, its Article 99 allowed unhampered executive freedom of action during wartime. Unsupervised executive governance
continued throughout the Philippine–American War which erupted soon after proclamation.

Over 300 years of Spanish rule, the country developed from a small overseas colony governed from the Viceroyalty of New Spain to a land with modern elements in the cities.
The Spanish-speaking middle classes of the 19th century were increasingly exposed to modern European ideas, including Liberalism, some studying in Spain and elsewhere in
Europe.

During the 1890s, the Katipunan, or KKK, a secret society dedicated to achieving Philippine independence from Spain, was formed and led by Andres Bonifacio. When the KKK
was discovered by Spanish authorities, Bonifacio issued the Cry of Balintawak which began the Philippine Revolution in 1896. The revolutionary forces took steps to form a
functioning government called the Republic of Biak-na-Bato. In 1897, the Tejeros Convention was convened and the Constitution of Biak-na-Bato drafted and ratified. It was
drafted by Isabelo Artacho and Félix Ferrer and based on the first Constitution of Cuba. However, it was never fully implemented. After several battles between the Spanish and
Philippine Revolutionary Army, a truce was signed called the Pact of Biak-na-Bato in 1897. Emilio Aguinaldo (who had replaced Bonfiacio as leader) and other revolutionary
leaders accepted a payment from Spain and went into exile in Hong Kong.

Felipe Buencamino, a lawyer and revolutionary leader, was one of the writers of the Malolos Constitution
When the Spanish–American War broke out on April 25, 1898, the United States Commodore George Dewey aboard the USS Olympia sailed from Hong Kong to Manila Bay
leading the Asiatic Squadron of the U.S. Navy. On May 1, 1898, the American force defeated the Spanish in the Battle of Manila Bay. Later that month, the U.S. Navy
transported Aguinaldo back to the Philippines.

Aguinaldo took control of the newly re-formed Philippine revolutionary forces and quickly surrounded Manila on land while the American blockaded the city from the bay. On
June 12, Aguinaldo issued the Philippine Declaration of Independence and followed that with several decrees forming the First Philippine Republic. Elections were held from
June 23 to September 10, 1898 for a new national legislature, the Malolos Congress.

5.1.2. Organic Laws under the American Period

a. McKinley’s Instructions (1900)

Decision on the Philippines

Digital History ID 1257

Author:   William McKinley

Date:1900

Annotation: President William McKinley was deeply ambivalent about war against Spain. The last president to have served in the Civil War said he had
seen too much carnage at battles like Antietam to be enthusiastic about war with Spain. "I've been through one war. I have seen the dead piled up,
and I do not want to see another."

Ultimately, however, the pressure of public opinion forced McKinley into the war that made the United States an international power. Newspaper
publishers like William Randolph Hearst and Joseph Pulitzer worked up war fever among the public with reports of Spanish atrocities against Cuban
rebels. Then, Hearst's New York Journal published a leaked letter in which the chief Spanish diplomat in Washington, Enrique Duby de Lome, described
President McKinley as "weak" and a "petty politician." Hearst publicized the DeLome letter under the screaming headline: "WORST INSULT TO THE
UNITED STATES IN ITS HISTORY". Days later an explosion sank the U.S.S. Maine in Cuban's Havana harbor. A naval court of inquiry blamed the
explosion on a mine, further inflaming public sentiment against Spain.

At the end of the Spanish-American war, pressure on President William McKinley to annex the Philippines was intense. After originally declaring that it
would "be criminal aggression" for the United States to annex the archipelago, he reversed himself, partly out of fear that another power would seize
the Philippines. Six weeks after Dewey defeated the Spanish fleet at Manila Bay, a German fleet sought to set up a naval base there. The British,
French, and Japanese also sought bases in the Philippines. Unaware that the Philippines were the only predominantly Catholic nation in Asia, President
McKinley said that American occupation was necessary to "uplift and Christianize" the Filipinos.
Document: When next I realized that the Philippines had dropped into our laps, I confess I did not know what to do with them. I sought counsel from
all sides-Democrats as well as Republicans-but got little help. I thought first we would take only Manila; then Luzon; then other islands, perhaps, also.

I walked the floor of the White House night after night until midnight; and I am not ashamed to tell you, gentlemen, that I went down on my knees and
prayed to Almighty God for light and guidance more than one night. And one night late it came to me this way-I don't know how it was, but it came:

(1) That we could not give them back to Spain-that would be cowardly and dishonorable;

(2) That we could not turn them over to France or Germany, our commercial rivals in the Orient-that would be bad business and discreditable;

(3) That we could not leave them to themselves-they were unfit for self-government, and they would soon have anarchy and misrule worse then
Spain's was; and

(4) That there was nothing left for us to do but to take them all, and to educate the Filipinos, and uplift and civilize and Christianize them and by God's
grace do the very best we could by them, as our fellow men for whom Christ also died.

And then I went to bed and went to sleep, and slept soundly, and the next morning I sent for the chief engineer of the War Department (our map-
maker), and I told him to put the Philippines on the map of the United States (pointing to a large map on the wall of his office), and there they are and
there they will stay while I am President!

b. Spooner Amendment (1901)

Spooner Amendment, congressional amendment to the Army Appropriations Act of 1901 that called for the end of the U.S. military government in the Philippines. By the terms of
the Treaty of Paris (December 1898), sovereignty over the Philippine Islands had passed from Spain to the United States.

Filipinos fought the imposition of American rule, and it was believed in the United States that their resistance was due to the harshness of military government. The Spooner
Amendment authorized Pres. William McKinley to supplant military rule with civilian government, which was inaugurated in July 1901. Filipino guerrillas, however, continued
hostilities for a number of years.

c. Philippine Bill of 1902

THE PHILIPPINE BILL OF 1902: TURNING POINT IN PHILIPPINE LEGISLATION

By Chris Antonette Piedad-Pugay

      From 1907 to 1916, the Philippine Assembly served as the lower house of the legislature with the Philippine Commission, headed by the
American Governor-General, as the upper chamber.  The inauguration of the Philippine Assembly on October 16, 1907 is a turning point in the
country’s history, for its creation marked the commencement of Filipino participation in self- governance and a big leap towards self-
determination.

    For more than three hundred years, the Filipinos were ruled by the Spaniards and their occupation ended when Spain was defeated by the
American Navy headed by Commodore George Dewey in the Battle of Manila Bay on May 1898.  Gen. Emilio Aguinaldo, the leader of the
revolutionary government in the Philippines was convinced by American Consul E. Spencer Pratt, to return to the Philippines from Hong Kong to
resume the revolution and break the truce effected by the Pact of Biak-na-Bato.  When Gen. Aguinaldo returned to the Philippines, he summoned
the revolutionaries and ordered the resumption of the armed struggle against the Spanish government.  Amidst the ongoing hostilities, Gen.
Aguinaldo proclaimed Philippine Independence on 12 June 1898 at Kawit, Cavite.  Soon enough, the relationship between the Americans and the
Filipinos turned sour after  the American government agreed to negotiate with the Spaniards that resulted to Spain’s surrender and the eventual
signing of the Treaty of Paris that ceded the Philippines to the United States.

     President William McKinley’s Policy of Benevolent Assimilation, aimed to prepare the Filipinos to direct their own government by having them
under their tutelage. A military government was initially established in the Philippines as soon as the Treaty of Paris was signed and when the
Filipino-American War erupted in February 1899.  The three military generals who took charge of the islands from 1898 to 1901 were Gen.
Wesley Merritt, Gen. Elwell Otis and Gen. Arthur MacArthur.  In 1901, by virtue of the Spooner Amendment passed by the US Congress on 3
March 1901, the military rule in the Philippines ended paving way to the establishment and inauguration of a civil government with William H. Taft
as the first civil governor.  The civil government named the Philippine Commission as sole lawmaking body in the Philippine islands from 1901 to
1907, and eventually acted as the upper house from 1907 to 1916 until the time the Jones Law was passed on August 1916, that gave the
Filipinos the opportunity to control both legislative houses.

     The Philippine Bill of 1902 is one of the most important decrees enacted by the American government in the Philippines.  Entitled “An Act
Temporarily to Provide for the Administration of the Affairs of Civil Government in the Philippine Islands, and for Other Purposes,” this law
contained two important provisions that strengthen both the civil and human rights of the Filipino people, and bestowed on them the privilege of
legislation.

      Also known as Cooper Act, it provided a Bill of Rights for the Filipinos that protected their rights: to live, to acquire property, to practice their
religion, to be subjected to due process, to exercise their obligations, to enjoy compensations due to them, and freedom of expression.  But the
most important element contained in the bill was its clauses that called for the creation of a lower legislative branch with elected Filipino
representatives as legislators.

        The bill also stated the American government’s readiness to call for a general election in the islands should insurrection cedes and complete
peace is maintained as attested by the Philippine Commission.  The decree mandates the US President to order the Philippine Commission to
perform a census of the islands and make a detailed report about the population and matters about the people that may deemed by the
Commission as necessary, while peace is being upheld.  Two years after the publication of the result of the census, and upon the satisfaction of the
Philippine Commission and the US President, a general election shall be called and the elected Filipinos, not less than fifty but not greater than
one hundred in number, will comprise the Philippine Assembly—the body that will act as the lower house of the legislature in the Philippines.

     The Filipinos became very cooperative with the promises offered by the bill.  Peace was maintained, a census was conducted and after its
publication, an election was held on 30 July 1907 and the assembly was convened and inaugurated on 16 October 1907 at the Manila Grand
Opera House. The Nacionalista Party, espousing “immediate and complete independence” headed by Sergio Osmeña garnered the majority of the
seats.  The First Philippine Assembly is best remembered for its effort in reviving the issue of independence and for passing laws that improved
the type of education enjoyed by the Filipinos.

d. Philippine Autonomy Act or Jones Law (1916)

Jones Act, formally Philippine Autonomy Act of 1916, statute announcing the intention of the United States government to “withdraw their sovereignty over the Philippine Islands
as soon as a stable government can be established therein.” The U.S. had acquired the Philippines in 1898 as a result of the Spanish–American War; and from 1901 legislative
power in the islands had been exercised through a Philippine Commission effectively dominated by Americans. One of the most significant sections of the Jones Act replaced
the Commission with an elective Senate and, with minimum property qualifications, extended the franchise to all literate Filipino males. The law also incorporated a bill of rights.

American sovereignty was retained by provisions of the act reserving to the governor general power to veto any measure passed by the new Philippine legislature. The liberal
governor general Francis B. Harrison rarely used this power and moved rapidly to appoint Filipinos in place of Americans in the civil service. By the end of Harrison’s term in
1921, Filipinos had taken charge of the internal affairs of the islands.

The Jones Act remained in force as a de facto constitution for the Philippines until it was superseded by the Tydings–McDuffie Act of 1934. Its promise of eventual absolute
independence set the course for future American policy in the islands.

5.1.3. Japanese Occupation

Japanese Occupation of the Philippines

During Word War II

A typical Japanese soldier during Word War II On December 8, 1941, Japan invaded the Philippines. Clark Air Base in Pampanga was first attacked and also Nichols Field
outside Manila was attacked, then on December 22, The Japanese forces landed at the Lingayen Gulf and continued on to Manila. General Douglas MacArthur declared Manila
an open city on the advice of commonwealth President Manuel L. Quezon to avoid its destruction. Manila was occupied by the Japanese on January 2, 1942. MacArthur
retreated with his troops to Bataan while the commonwealth government withdrew to Corregidor island before proceeding to the United States. The joint American and Filipino
soldiers in Bataan finally surrendered on April 9, 1942. MacArthur escaped to Corregidor then proceeded to Australia. The 76,000 captured soldiers were forced to embark on
the infamous "Death March" to a prison camp more than 100 kilometers north. An estimated 10,000 prisoners died due to thirst, hunger and exhaustion.

The Huks

In the midst of fear and chaos, some farmers of Pampanga banded together and created local brigades for their protection. Luis Taruc, Juan Feleo, Castro Alejandrino, and
other leaders of organized farmers held a meeting in February 1942 in Cabiao, Nueva Ecija. In that meeting, they agreed to fight the Japanese as a unified guerrilla army.
Another meeting was held the following month, where in representatives from Tarlac, Pampanga and Nueva Ecija threshed out various details regarding their organization,
which they agreed to call "Hukbo ng Bayan Laban sa mga Hapon" or HUKBALAHAP. Taruc was chosen to be the Leader of the group, with Alejandrino as his right hand man.
The members were simply known as Huks!

The Philippine Executive Commission

Jose P. Laurel, president during the Japanese occupation of the Philippines

In accordance the instructions of President Manuel Quezon to Jorge Vargas, the Filipino officials in Manila were told to enter into agreements and compromises with the
Japanese to mitigate the sufferings of the people under the iron-clad rule of the Japanese. On January 23, 1942 the Philippine Executive Commission was established, with
Vargas as chairman. the following was appointed as department heads: Benigno Aquino, Sr., interior; Antonio de las Alas, finance; Jose P. Laurel, justice; Claro M. Recto,
education, health, and public welfare; and Quintin Paredes, public works and communication; Jose Yulo was named Chief Justice of the Supreme court.

The following month, an election was held for members of The Preparatory Commission for Philippine Independence (PCPI). The purpose of PCPI is to draw up a constitution
for a free Philippines. Jose Laurel became its head. Against the will of the PCPI delegates the new Constitution was finalized on July 10, 1943. Two months later it was ratified
by the KALIBAPI, which was the only political party allowed to exist at that time. KALIBAPI is the acronym for "Kapisanan sa Paglilingkod sa Bagong Pilipinas".

The new constitution, which noticeably lacked a bill of rights contained 12 articles lifted from the 1935 constitution that fitted the wishes of the Japanese. It was meant to be in
effect only temporarily, while the Philippines still in chaos. After the war, a new constitution would again be drafted for the new Philippine Republic.

The Second Republic

On September 20 1943, the KALIBAPI- under the leadership of its director general, Benigno Aquino Sr. held a party convention to elect 54 members of the National Assembly.
The Assembly was actually made up of 108 members; but half of this number was composed of incumbent governors and city mayors. Jose P. Laurel was elected as president
of the second republic (the first republic was Aguinldo's Malolos Republic) and both Benigno Aquino Sr. & Ramon Avancena as a vice-presidents. The new republic was
inaugurated on October 14 1943 on the front steps of the legislative building in Manila. The Philippine flag was hoisted as the national anthem was played. Meanwhile, the
Japanese started using propaganda to gain the trust and confidence of Filipinos who refused to cooperate with them. They hung giant posters and distribute their materials that
contains such slogans as "the Philippines belong to the Filipinos." they also used newspapers, movies, and others to publicize the same idea. Promoting Japanese propaganda
was one of the main objectives of the KALIBAPI, but still Japanese failed to gain the trust of the Filipinos.

Gen. Douglas MacArthur Returns

From Australia, Allied forces slowly advanced toward the Philippines, bombing several Japanese strongholds until they regained control of areas previously occupied by the
enemy. The bombings began on September 21 1944, and barely a month later, on October 20, 1944, the Americans landed triumphantly in Leyte. Once a shore, General
Douglas MacArthur said; "I have Returned."

Sergio Osmena, President during the commonwealth period

Sergio Osmeña was Part of MacArthur’s group. He had taken over Manuel L. Quezon as president after the latter past way at Saranac Lake, New York on August 1944. From
October 23 to October 26, 1944 the Americans engaged Japanese forces in the Battle of Leyte Gulf. Consider as the biggest naval battle in World History, this historic encounter
almost destroyed the entire Japanese fleet and rendered in incapable of further attack. The US victory in the battle of Leyte Gulf is said to have signaled the beginning of
Philippine liberation from the Japanese.

By mid-December, the American soldiers had reached Mindoro. The Japanese, meanwhile, secured other area where their thought other American units would land.
Nevertheless, US liberation forces successfully docked at Lingayen Gulf on January 9, 1945. The news alarmed the Japanese. Lt. Gen. Tomoyuki Yamashita, supreme
commander of the Japanese troops in Manila, mobilize his kamikazes (Japanese suicide pilots); but they failed to stop Americans. The Japanese also deployed MAKAPILI units
to defend Manila but neither succeeds.

On December 8, 1944, President Laurel and his cabinet moved to Baguio upon orders of Yamashita, who is also known as the tiger of Malaya. The Japanese forces retreated to
Yamashita line a jungle battlefront stretching along the Sierra Madre Mountains from Antipolo, Rizal to Appari Cagayan.

The Japanese in Manila would not give up easily. In fact, it took 3 weeks of intense fighting before they finally surrendered on February 23. Gen. MacArthur continued to liberate
other parts of the country. And finally proclaim general freedom from the Japanese on July 4, 1945. Continue to Philippine Independence from the Americans.
 5.1.4. 1935 Constitution
The Philippines had long been used as a trading port in Asia, and this led to their colonization by the Spanish and later by the Americans. The Spanish converted most of the
population to Catholicism and the religion remains the dominant one in the country. During the later part of more than 300 years of Spanish rule, nationalist sentiment began to
grow among groups of Indios (which was how the Spanish referred to the Filipinos), fuelled in large measure by the writings of national hero Jose Rizal (later executed by the
Spanish authorities) and other ilustrados (the Filipino intellegensia). A revolution was launched against Spain and the revolutionaries declared Philippine independence in Kawit,
Cavite on June 12, 1898. What became known as the Malolos Congress was convened on September 15, 1898 and the first Philippine Constitution, called the Malolos
Constitution, was approved on January 20, 1899, ushering what is called the First Philippine Republic. In the Spanish-American War of 1898, the revolutionaries sided with the
Americans, hoping that, with the defeat of Spain, independence would be granted by the US to the Philippines. This, however, did not happen. After Spain ceded (or sold) the
islands to the United States in the Treaty of Paris, the US immediately proceeded to brutally suppress the Philippine independence movement.

In 1916, the US passed the Jones Act which specified that independence would only be granted upon the formation of a stable democratic government modelled on the
American model, not the French model as the previous constitution had been. The US approved a ten-year transition plan in 1934 and drafted a new constitution in 1935. World
War II and the Japanese invasion on December 8, 1941, however, interrupted that plan. After heroic Filipino resistance against overwhelming odds finally ended with the fall of
Bataan and Corregidor in 1942, a Japanese “republic” was established, in reality, a period of military rule by the Japanese Imperial Army. A new constitution was ratified in 1943
by Filipino collaborators who were called the Kapisanan sa Paglilingkod ng Bagong Pilipinas (Kalibapi). An active guerilla movement continued to resist the Japanese
occupation. The Japanese forces were finally defeated by the Allies in 1944 and this sorry chapter came to a close.

Philippine independence was eventually achieved on July 4, 1946. The 1935 Constitution, which featured a political system virtually identical to the American one, became
operative. The system called for a President to be elected at large for a 4-year term (subject to one re-election), a bicameral Congress, and an independent Judiciary.

5.1.5. 1973 Constitution

From the moment of independence, Filipino politics have been plagued by the twin demons of corruption and scandal. Notwithstanding, Presidents Ramon Magsaysay (1953-
57), Carlos Garcia (1957-61), and Diosdado Macapagal (1961-65) managed to stabilize the country, implement domestic reforms, diversify the economy, and build Philippine
ties not only to the United States, but also to its Asian neighbours.

Ferdinand Marcos was elected president in 1965 and was re-elected in 1969, the first president to be so re-elected. Desirous of remaining in power beyond his legal tenure, he
declared martial law in 1972, just before the end of his second and last term, citing a growing communist insurgency as its justification. He then manipulated an ongoing
Constitutional Convention and caused the drafting of a new constitution – the 1973 Constitution – which allowed him to rule by decree until 1978 when the presidential system of
the 1935 Constitution was replaced with a parliamentary one. Under this new system, Marcos held on to power and continued to govern by decree, suppressing democratic
institutions and restricting civil freedoms. In 1981, martial law was officially lifted, but Marcos continued to rule by the expedient of being “re-elected” in a farce of an election to a
new 6-year term. He continued to suppress dissent and thousands of vocal objectors to his rule either mysteriously disappeared or were incarcerated. Despite economic decline,
corruption allowed Marcos and his wife Imelda to live extravagantly, causing resentment domestically and criticism internationally.

5.1.6. 1986 (EDSA) Revolution and the Freedom Constitution

When opposition leader Benigno Aquino Jr. was assassinated upon returning from exile in 1983, widespread outrage forced Marcos to hold “snap” elections a year early. The
election was marked by fraud on the part of Marcos and his supporters but Marcos had himself declared the winner constitutionally, amidst international condemnation and
nationwide domestic protests. A small band of military rebels tried to mount a coup, which failed because of its discovery, but this triggered what became internationally
celebrated as the “People Power” revolution, when droves of people spilled out onto the streets to protect the rebels, eventually numbering well over a million. Under pressure
from the United States, Marcos and his family fled into exile. His election opponent, Benigno Aquino Jr.’s widow Corazon, was installed as president on February 25, 1986.

5.1.7. 1987 Constitution

Aquino began her term by repealing many of the Marcos-era regulations that had repressed the people for so long. In March, she issued a unilateral proclamation establishing a
provisional constitution. This constitution gave the President broad powers and great authority, but Aquino promised to use them only to restore democracy under a new
constitution. This new constitution was drafted in 133 days by an appointed Constitutional Commission of 48 members and ratified by the people in a plebiscite held on February
2, 1987. It was largely modelled on the American Constitution which had so greatly influenced the 1935 Constitution, but it also incorporated Roman, Spanish, and Anglo law.

The 1987 Constitution established a representative democracy with power divided among three separate and independent branches of government: the Executive, a bicameral
Legislature, and the Judiciary. There were three independent constitutional commissions as well: the Commission on Audit, the Civil Service Commission, and the Commission
on Elections. Integrated into the Constitution was a full Bill of Rights, which guaranteed fundamental civil and and political rights, and it provided for free, fair, and periodic
elections. In comparison with the weak document that had given Marcos a legal fiction behind which to hide, this Constitution seemed ideal to many Filipinos emerging from 20
years of political repression and oppression.

5.2. Definition, Nature and Concepts

5.2.1. Parts, Features, Characteristics and Requisites
5.2.2. Doctrine of Constitutional Supremacy
Under the doctrine of constitutional supremacy, if a law or contract violates any norm of the constitution that law or contract whether promulgated by the legislative or by the
executive branch or entered into by private persons for private purposes is null and void and without any force and effect.

5.2.3. Self-Executing vs. Non-Self-Executing

Constitutional provisions are not self-executing if they merely set forth a line of policy or principles without supplying the means by which they are to be effectuated, or if the
language of the constitution is directed to the legislature.

MODULE 6: ARTICLE I – NATIONAL TERRITORY

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty
or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The
waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

6.1. Components of Territory

Territory is defined as the fixed portion on the surface of the earth on which the State settles and over which it has supreme authority. The components of the territory of the
state are the terrestrial, fluvial, maritime and aerial domains.

Land Territory (Terrestrial Domain) The territorial domain refers to the land mass, which may be integrate or dismembered, or partly bound by water or consist of one whole
island. It may also be composed of several islands, like the Philippines, which are also known as mid-ocean archipelagos as distinguished from the coastal archipelagoes like
Greece.

The terrestrial domain includes properties of public dominion as well as properties of private ownership.

Public dominion – includes those for public use, those for public service, and those for the development of national wealth (roads, government buildings, forest, and mineral
lands)

Private ownership – consists of patrimonial properties of the government such as lands acquired through escheat proceedings and of those vested in individuals whether
owned singly or collectively. In some jurisdictions, escheat also refers to the title transfer of financial assets such as bank deposits and unclaimed securities in accounts that
have been dormant for a very long period of time to a state authority.

Internal waters - Covers all water and waterways on the landward side of the baseline. The coastal state is free to set laws, regulate use, and use any resource. Foreign
vessels have no right of passage within internal waters. Maritime Territory (Fluvial and Maritime Domain)

6.2. Philippine Archipelagic Doctrine

The fact that for Archipelagic States, 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, 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).

6.2.1. Article III, Treaty of Paris, Dec 10, 1898 (Spain ceded the P.I. to the U.S.)
ARTICLE III
Spain cedes to the United States the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line:
A line running from west to east along or near the twentieth parallel of north latitude, and through the middle of the navigable channel of Bachi, from the one hundred and
eighteenth (118th) to the one hundred and twenty seventh (127 th) degrees meridian of longitude east of Greenwich, thence along the one hundred and twenty seventh (127 th)
degree meridian of longitude east of Greenwich to the parallel of four degree and forty five minutes (4°45′) north latitude, thence along the parallel of four degrees and forty five
minutes (4°45′) north latitude to its intersection with the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119°35′) east of Greenwich, thence
along the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119°35′) east of Greenwich to the parallel of latitude seven degrees and forty minutes
(7°40′) north, thence along the parallel of latitude seven degrees and forty minutes (7°40′) north to its intersection with the one hundred and sixteenth (116 th) degree meridian of
longitude east of Greenwich, thence by a direct line to the intersection of the tenth (10 th) degree parallel of north latitude with the one hundred and eighteenth (118 th) degree
meridian of longitude east of Greenwich, and thence along the one hundred and eighteenth (118 th) degree meridian of longitude east of Greenwich to the point of beginning.
The United States will pay to Spain the sum of twenty million dollars ($20,000,000) within three months after the exchange of the ratifications of the present treaty.
6.2.2. US-Spain Treaty, Nov 7, 1900 (Cagayan, Sulu, and Sibutu)
ARTICLE

Relinquishment of islands to the United States.

The United States of America and Her Majesty the Queen Regent of Spain, in the name of Her August Son, Don Alfonso XIII, desiring to remove any ground of
misunderstanding growing out of the interpretation of Article III of the Treaty of Peace concluded between them at Paris the tenth day of December, one thousand eight hundred
and ninety eight, whereby Spain cedes to the United States the archipelago known as the Philippine Islands and comprehending the islands lying within certain described lines,
and having resolved to conclude a Treaty to accomplish that end, have for that purpose appointed as their respective plenipotentiaries:

The President of the United States, John Hay, Secretary of State of the United States;

and Her Majesty the Queen Regent of Spain, the Duke de Arcos, Envoy Extraordinary and Minister Plenipotentiary of Spain to the United States;

Who, having met in the city of Washington and having exchanged their full powers, which were found to be in due and proper form, have agreed upon the following sole article:

SOLE ARTICLE

Spain relinquishes to the United States all title and claim of title, which she may have had at the time of the conclusion of the Treaty of Peace of Paris, to any and all islands
belonging to the Philippine Archipelago, lying outside the lines described in Article III of that Treaty and particularly to the islands of Cagayan, Sulu and Sibutu and their
dependencies, and agrees that all such islands shall be comprehended in the cession of the Archipelago as fully as if they had been expressly included within those lines.

The United States, in consideration of this relinquishment, will pay to Spain the sum of one hundred thousand dollars ($100,000) within six months after the exchange of the
ratifications of the present treaty.

The present treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by Her Majesty the Queen Regent of
Spain, after approval by the Cortes of the Kingdom, and the ratifications shall be exchanged at Washington as soon as possible.

In faith whereof we, the respective Plenipotentiaries, have signed this Treaty and have hereunto affixed our seals.

Done in duplicate at the city of Washington, the 7th day of November, in the year of Our Lord one thousand nine hundred.

JOHN HAY (SEAL)

ARCOS (SEAL)

6.2.3. US-Great Britain Treaty, Jan 2, 1930 (Turtle and Mangsee Islands)

A PROCLAMATION
WHEREAS a convention between the United States of America and His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India,
delimiting definitely the boundary between the Philippine Archipelago (the territory acquired by the United States of America by virtue of the treaties of December 10, 1898, and
November 7, 1900, with Her Majesty the Queen Regent of Spain) and the State of North Borneo which is under British protection, was concluded and signed by their respective
Plenipotentiaries at Washington on the second day of January, one thousand nine hundred and thirty, the original of which convention is word for word as follows:
The President of the United States of America and His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India.
Being desirous of delimiting definitely the boundary between the Philippine Archipelago (the territory acquired by the United States of America by virtue of the Treaties of
December 10, 1898, and November 7, 1900, with Her Majesty the Queen Regent of Spain) and the State of North Borneo which is under British protection.

6.2.4. 1935 Constitution (Batanes)

Article I.—THE NATIONAL TERRITORY

Section 1. The Philippines comprises all the territory ceded to the United States by the treaty of Paris concluded between the United States and Spain on the tenth day of
December, eighteen hundred and ninety-eight, the limits of which are set forth in Article III of said treaty, together with all the islands embraced in the treaty con cluded at
Washington, between the United States and Spain on the seventh day of November, nineteen hundred, and in the treaty concluded between the United States and Great Britain
on the second day of January, nineteen hundred and thirty, and all territory over which the present Government of the Philippine Islands exercises jurisdiction.
6.2.5. 1973 Constitution (territories by historic right or legal title)
ARTICLE I
THE NATIONAL TERRITORY
SECTION 1. The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all the other territories belonging to the Philippines
by historic right or legal title, including the territorial sea, the air space, the subsoil, the sea-bed, the insular shelves, and the other submarine areas over which the Philippines
has sovereignty or jurisdiction. The waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal
waters of the Philippines.
6.2.6. R.A. 3046, Jun 17, 1961
AN ACT DEFINE THE BASELINES OF THE TERRITORIAL SEA OF THE PHILIPPINES.
WHEREAS, the Constitution of the Philippines describes the national territory as comprising all the territory ceded to the United States by the Treaty of Paris concluded between
the United States and Spain on December 10, 1898, the limits of which are set forth in Article III of said treaty, together with all the islands embraced in the treaty concluded at
Washington, between the United States and Spain on November 7, 1900, and in the treaty concluded between the United States and Great Britain on January 2, 1930, and all
the territory over which the Government of the Philippine Islands exercised jurisdiction at the time of the adoption of the Constitution;
WHEREAS, all the waters within the limits set forth in the above-mentioned treaties have always been regarded as part of the territory of the Philippine Islands;
WHEREAS, all the waters around, between and connecting the various islands of the Philippines archipelago, irrespective of their width or dimension, have always been
considered as necessary appurtenances of the land territory, forming part of the inland or internal waters of the Philippines;
WHEREAS, all the waters beyond the outermost islands of the archipelago but within the limits of the boundaries set forth in the aforementioned treaties comprise the territorial
sea of the Philippines;
WHEREAS, the baselines from which the territorial sea of the Philippines is determined consist of straight lines joining appropriate points of the outermost islands of the
archipelago; and
WHEREAS, the said baselines should be clarified and specifically defined and described for the information of all concerned; Now, therefor,
6.2.7. R.A. 5446, Sep 8, 1968 (Sabah claim)

AN ACT TO AMEND SECTION ONE OF REPUBLIC ACT NUMBERED THIRTY HUNDRED AND FORTY-SIX, ENTITLED "AN ACT TO DEFINE THE BASELINES OF THE
TERRITORIAL SEA OF THE PHILIPPINES"

6.2.8. P.D. 1596, Jun 11, 1978 [other territories, claim over Kalayaan Island Group (KIG)]

PRESIDENTIAL DECREE NO.1596

DECLARING CERTAIN AREA PART OF THE PHILIPPINE TERRITORY AND PROVIDING FOR THEIR GOVERNMENT AND ADMINISTRATION.
WHEREAS, by reason of their proximity the cluster of islands and islets in the South China Sea situated within the following:
KALAYAAN ISLAND GROUP
From a point [on the Philippine Treaty Limits] at latitude 7°40′ North and longitude 116°00′ East of Greenwich, thence due West along the parallel of 7°40′ N to its intersection
with the meridian of longitude 112°10′ E, thence due north along the meridian of 112°10′ E to its intersection with the parallel of 9°00′ N, thence northeastward to the intersection
of the parallel of 12°00′ N with the meridian of longitude 114° 30′ E, thence, due East along the parallel of 12°00′ N to its intersection with the meridian of 118° 00′ E, thence,
due South along the meridian of longitude 118°00′ E to its intersection with the parallel of 10°00′ N, thence Southwestwards to the point of beginning at 7°40′ N, latitude and
116° 00′ E longitude.
are vital to the security and economic survival of the Philippines;
WHEREAS, much of the above area is part of the continental margin of the Philippine archipelago;
WHEREAS, these areas do not legally belong to any state or nation but, by reason of history, indispensable need, and effective occupation and control established in
accordance with international law, such areas must now be deemed to belong and subject to the sovereignty of the Philippines;
WHEREAS, while other states have laid claims to some of these areas, their claims have lapsed by abandonment and can not prevail over that of the Philippines on legal,
historical, and equitable grounds.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree as follows:
SECTION 1. The area within the following boundaries:
KALAYAAN ISLAND GROUP
From a point [on the Philippine Treaty Limits] at latitude 7°40′ North and longitude 116°00′ East of Greenwich, thence due West along the parallel of 7° 40′ N to its intersection
with the meridian of longitude 112°10′ E, thence due north along the meridian of 112°10′ E to its intersection with the parallel of 9°00′ N, thence northeastward to the inter-
section of the parallel of 12°00′ N with the meridian of longitude 114° 30′ E, thence, due East along the parallel of 12°00′ N to its intersection with the meridian of 118°00′ E,
thence, due South along the meridian of longitude 118° 00′ E to its intersection with the parallel of 10°00′ N, thence Southwestwards to the point of beginning at 7°40′ N, latitude
and 116° 00′ E longitude;
including the sea-bed, sub-soil, continental margin and air space shall belong and be subject to the sovereignty of the Philippines. Such area is hereby constituted as a distinct
and separate municipality of the Province of Palawan and shall be known as “Kalayaan.”
SEC. 2. Pending the election of its regular officials and during the period of emergency declared in Proclamation No. 1081, and unless earlier provided by law, the administration
and government of the area shall be vested in the Secretary National Defense or in such officers of the Armed Forces of the Philippines as may designate.
SEC. 3. This Decree shall take effect immediately.
Done in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.
6.2.9. P.D. 1599, Jun 11, 1978 (200 miles EEZ)

PRESIDENTIAL DECREE No. 1599

ESTABLISHING AN EXCLUSIVE ECONOMIC ZONE AND FOR OTHER PURPOSES.
WHEREAS, an exclusive economic zone extending to a distance of two hundred nautical miles from the baselines from which the territorial sea is measured is vital to the
economic survival and development of the Republic of the Philippines;
WHEREAS, such a zone is now a recognized principle of international law;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order:
Section 1. There is hereby established a zone to be known as the exclusive economic zone of the Philippines. The exclusive economic zone shall extend to a distance of two
hundred nautical miles beyond and from the baselines from which the territorial sea is measured: Provided, That, where the outer limits of the zone as thus determined overlap
the exclusive economic zone of an adjacent or neighboring state, the common boundaries shall be determined by agreement with the state concerned or in accordance with
pertinent generally recognized principles of international law on delimitation.
Section 2. Without prejudice to the rights of the Republic of the Philippines over it territorial sea and continental shelf, it shall have and exercise in the exclusive economic zone
established herein the following;
(a) Sovereignty rights for the purpose of exploration and exploitation, conservation and management of the natural resources, whether living or non-living, both renewable and
non-renewable, of the sea-bed, including the subsoil and the superjacent waters, and with regard to other activities for the economic exploitation and exploration of the resources
of the zone, such as the production of energy from the water, currents and winds;
(b) Exclusive rights and jurisdiction with respect to the establishment and utilization of artificial islands, off-shore terminals, installations and structures, the preservation of the
marine environment, including the prevention and control of pollution, and scientific research;
(c) Such other rights as are recognized by international law or state practice.
Section 3. Except in accordance with the terms of any agreement entered into with the Republic of the Philippines or of any license granted by it or under authority by the
Republic of the Philippines, no person shall, in relation to the exclusive economic zone:
(a) explore or exploit any resources;
(b) carry out any search, excavation or drilling operations:
(c) conduct any research;
(d) construct, maintain or operate any artificial island, off-shore terminal, installation or other structure or device; or
(e) perform any act or engage in any activity which is contrary to, or in derogation of, the sovereign rights and jurisdiction herein provided.
Nothing herein shall be deemed a prohibition on a citizen of the Philippines, whether natural or juridical, against the performance of any of the foregoing acts, if allowed under
existing laws.
Section 4. Other states shall enjoy in the exclusive economic zone freedoms with respect to navigation and overflight, the laying of submarine cables and pipelines, and other
internationally lawful uses of the sea relating to navigation and communications.
Section 5. (a) The President may authorize the appropriate government office/agency to make and promulgate such rules and regulations which may be deemed proper and
necessary for carrying out the purposes of this degree.
(b) Any person who shall violate any provision of this decree or of any rule or regulation promulgated hereunder and approved by the President shall be subject to a fine which
shall not be less than two thousand pesos (P2,000.00) nor be more than one hundred thousand pesos (100,000.00) or imprisonment ranging from six (6) months to ten (10)
years, or both such fine and imprisonment, in the discretion of the court. Vessels and other equipment or articles used in connection therewith shall be subject to seizure and
forfeiture.
Section 6. This Decree shall take effect thirty (30) days after publication in the Official Gazette.
Done in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.
6.3. United Nations Convention on the Law of the Sea (UNCLOS I, II and III) - Maritime Zones
6.3.1. Territorial Sea - Out to 12 nautical miles from the baseline, the coastal state is free to set laws, regulate use, and use any resource. Vessels were given the
right of "innocent passage" through any territorial waters, with strategic straits allowing the passage of military craft as "transit passage", in that naval vessels
are allowed to maintain postures that would be illegal in territorial waters. "Innocent passage" is defined by the convention as passing through waters in an
expeditious and continuous manner, which is not “prejudicial to the peace, good order or the security” of the coastal state. Fishing, polluting, weapons
practice, and spying are not “innocent", and submarines and other underwater vehicles are required to navigate on the surface and to show their flag. Nations
can also temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the protection of its security.
6.3.2. Contiguous Zone - Beyond the 12 nautical mile limit there was a further 12 nautical miles or 24 nautical miles from the territorial sea baselines limit, the
contiguous zone, in which a state could continue to enforce laws regarding activities such as smuggling or illegal immigration.
6.3.3. Exclusive Economic Zone - Extend 200 nautical miles from the baseline. Within this area, the coastal nation has sole exploitation rights over all natural
resources. The EEZs were introduced to halt the increasingly heated clashes over fishing rights, although oil was also becoming important. The success of an
offshore oil platform in the Gulf of Mexico in 1947 was soon repeated elsewhere in the world, and by 1970 it was technically feasible to operate in waters 4000
metres deep. Foreign nations have the freedom of navigation and overflight, subject to the regulation of the coastal states. Foreign states may also lay
submarine pipes and cables.
6.3.4. Continental Shelf - The continental shelf is defined as the natural prolongation of the land territory to the continental margin’s outer edge, or 200 nautical
miles from the coastal state’s baseline, whichever is greater. State’s continental shelf may exceed 200 nautical miles until the natural prolongation ends, but it
may never exceed 350 nautical miles, or 100 nautical miles beyond 2,500 meter isobaths, which is a line connecting the depth of 2,500 meters. Coastal states
have the right to harvest mineral and non-living material in the subsoil of its continental shelf, to the exclusion of others.
6.3.5. Extended Continental Shelf

6.4. Straight Baselines Method

1. R.A. 9522 (Baselines of the Territorial Sea of the Philippines)

AN ACT TO AMEND CERTAIN PROVISIONS OF REPUBLIC ACT NO. 3046, AS AMENDED BY REPUBLIC ACT NO. 5446, TO DEFINE THE ARCHIPELAGIC BASELINE
OF THE PHILIPPINES AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Section 1 of Republic Act No. 3046, entitled "An Act to Define the Baselines of the Territorial Sea of the Philippines", as amended by Section 1 of Republic Act No.
5446, is hereby amended to read as follows:
Section 2. The baseline in the following areas over which the Philippines likewise exercises sovereignty and jurisdiction shall be determined as "Regime of Islands" under the
Republic of the Philippines consistent with Article 121 of the United Nations Convention on the Law of the Sea (UNCLOS):
a) The Kalayaan Island Group as constituted under Presidential Decree No. 1596; and
b) Bajo de Masinloc, also known as Scarborough Shoal.
Section 3. This Act affirms that the Republic of the Philippines has dominion, sovereignty and jurisdiction over all portions of the national territory as defined in the Constitution
and by provisions of applicable laws including, without limitation, Republic Act No. 7160, otherwise known as the Local Government Code of 1991, as amended.
Section 4. This Act, together with the geographic coordinates and the chart and maps indicating the aforesaid baselines, shall be deposited and registered with the Secretary
General of the United Nations.
Section 5. The National Mapping and Resource Information Authority (NAMRIA) shall forthwith produce and publish charts and maps of the appropriate scale clearly
representing the delineation of basepoints and baselines as set forth in this Act.
Section 6. The amount necessary to carry out the provisions of this Act shall be provided in a supplemental budyet or included in the General Appropriations Act of the year of
its enactment into law.
Section 7. If any portion or provision of this Act is declared unconstitutional or invalid the other portions or provisions hereof which are not affected thereby shall continue to be
in full force and effect.
Section 8. The provisions of Republic Act No. 3046, as amended by Republic Act No. 5446, and all other laws, decrees, executive orders, rules and issuances inconsistent with
this Act are hereby amended or modified accordingly.
Section 9. This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in any two (2) newspaper of general circulation.

ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES
PRINCIPLES
Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.
Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and
adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

In the ICC case, the Supreme Court said there are two ways to limit presidential discretion in withdrawal from treaty.
1. One is if Congress passes a law that implements the treaty in question. In that case, the “president cannot withdraw from the treaty
being implemented unless the statute itself is repealed,”
2. The second way to limit presidential discretion is if Senate declares explicitly that the treaty needs concurrence for the withdrawal.

Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the
sovereignty of the State and the integrity of the national territory.
Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all
citizens may be required, under conditions provided by law, to render personal, military or civil service.
Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the
people of the blessings of democracy.
Section 6. The separation of Church and State shall be inviolable.
STATE POLICIES
Section 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity,
national interest, and the right to self-determination.
Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.
Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through
policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.
Section 10. The State shall promote social justice in all phases of national development.
Section 11. The State values the dignity of every human person and guarantees full respect for human rights.
Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of
the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of
moral character shall receive the support of the Government.
Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It
shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.
Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.
Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.
Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and
promote total human liberation and development.
Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.
Section 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.
Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.
Section 21. The State shall promote comprehensive rural development and agrarian reform.
Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.
Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.
Section 24. The State recognizes the vital role of communication and information in nation-building.
Section 25. The State shall ensure the autonomy of local governments.
Section 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.
Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.
Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.