Constitution Flashcards
(61 cards)
meaning of preamble
to walk before
meaning of preambulus
walking in front
Functions of the Preamble in the Constitution
sets down the origin, scope, purpose of the Constitution
enumerates the primary aims and expresses the aspirations of the framers in drafting the Constitution
useful as an aid in the construction and interpretation of the text of the Constitution
source of light, not only a source of rights and obligations
The Preamble
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality and peace, do ordain and promulgate this Constitution.
an area of the earth’s surface which is the subject of sovereign rights and interests
definite or aliquot area of the earth’s surface within which a State exercises jurisdiction subject to the limitations imposed by international law
fixed portion of the surface of the earth inhabited by people of the state
as an element of a state means an area over which a state has effective control
Territory
a municipal law
constitution
Binding effect in international law of the definition of national territory in the constitution
A definition of national territory in the constitution will bind internationally only if it is supported by proof that can stand in international law
Scope of the Philippine Territory
Philippine archipelago
all other territories over which the Philippines has sovereignty or jurisdiction
Territorial sea, seabed, subsoil, insular shelves and other submarine areas corresponding to….consist of terrestrial, fluvial and aerial domains
Territories covered under Article I
- Those ceded to the US by virtue of the Treaty of Paris
- Those defined in the treaty concluded between US and Spain (Treaty of Washington), which were not defined in the Treaty of Paris, esp. the islands of Cagayan, Sulu and Sibuto
- Those defined in the treaty concluded between the US and Great Britatin (Treaty with Great Britain), specifically the Turtle and Mangsee Islands
- The island of Batanes, which was covered under a general statement in the 1935 Constitution
- Those contemplated in the phrase “belonging to the Philippines by historic right or legal title” in the 1973 Constitution
date of Treaty of Paris
December 10, 1898
date of Treaty of Washington
November 7, 1900
date of Treaty with Great Britain
January 2, 1930
That body of water studded with islands which is delineated in the Treaty of Paris, as modified by the Treaty of Washington, and the Treaty with Great Britain
- These are the same treaties which delineated Philippine territory in the 1935 Constitution
Philippine Archipelago
method used to delineate the territorial sea
Imaginary straight lines are drawn joining the outermost points of the outermost islands of the archipelago without departing to any appreciable extent from the general configuration of the archipelago
straight baseline method
The waters within the baselines shall be considered _______ while the breadth of the __________ shall then be measured from the baselines
internal waters
territorial sea
distance from baseline is territorial sea
12 miles
Article I
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 .
Archipelagic doctrine
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 .
consists of a number of islands separated by bodies of water, should be treated as one integral unit
archipelago
provided contiguous zone and exclusive economic zone
UNCLOS
contiguous zone
12 miles from the end of the territorial sea
exclusive economic zone
200 miles from the baseline
Although CZ and EEZ may not be part of the territory of the State, they enjoy-
preferential rights over the marine resources found within these zones
Modes of Acquiring Territory
Discovery Prescription Accretion Cession Conquest
