PHILIPPINE CONSTITUTION

ARTICLE 1 – 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.

NECESSITY OF CONSTITUTIONAL PROVISION ON NATIONAL TERRITORY

1. Binding force of such provision under international law.
 A State under the international law has the unquestioned right to assert jurisdiction throughout the extent of its
territory
 If there is a territorial dispute it should be settled according to the international law.
2. Value of provision defining our national territory.
 It is important to know so that we and the other nations would know the boundaries of our country.
 The Philippines can promulgate and enforce its laws within our country.
3. Acquisition of other territories
 Even though the bounds of our national territory is already written in the law, this does not prevent the Philippines
from acquiring new territories by means of purchase, exchange, and such.

NATIONAL TERRITORY OF THE PHILIPPINES

1. The Philippine archipelago, with all the islands and waters embraced therein
 What is an archipelago ?
i. Greek work pelagos meaning sea
ii. A sea or part of a sea containing many islands.
iii. The Philippine Archipelago consisting of three main islands namely; Luzon, Visayas and Mindanao
 What is an archipelagic doctrine?
i. An archipelago shall be regarded as single unit
ii. The waters around, between and connecting the islands of the archipelago, irrespective of breadth and
dimensions from part of the internal waters of the state are subject to its exclusive sovereignty.
2. All other territories over which the Philippines has sovereignty or jurisdiction
 According to the 1973 constitution, “all the other territories belonging to the Philippines by historic right or legal”
PENDING PHILIPPINE CLAIM
A. Sabah
B. Spratly Island (Kalayaan Group of Islands)

Features (Seven Islands) 6. Patag Island (Flat Island)

1. Pagasa Island (Thitu Island) 7. Panata Island (Lankiam Cay)

2. Likas Island (West York Island) Features (Three Reefs)

3. Parola Island (Northeast Cay) 1. Rizal Reef (Commodore Reef)

4. Lawak Island (Nanshan Island) 2. Balagtas Reef (Irving Reef)

5. Kota Island (Loaita Island) 3. Ayungin Reef (Second Thomas Reef)

3. Terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other
submarine areas.
 Territorial Sea - Part of the sea extending 12 nautical miles (19km) from the low water mark
 Seabed - The land that holds the sea.
 Subsoil - Refers to everything beneath surface soil and the seabed
 Insular Shelves - Submerged portions of a continent or offshore island
 Other Submarine Areas - All areas under the territorial sea like seamount, trough, trench, basin, deep,
bank, etc
 1. TERRESTRIAL DOMAIN - Refers to the land, whether, agricultural, forest or timber, mineral lands and national
parks under sovereignty and jurisdiction of the Philippines.
2. AERIAL DOMAIN - Refers to the air space above the territorial lands - and waters of the Philippines excluding
the outer space.
A. AIR SPACE – the constitutional provision on aerial domain is an affirmation of the generally
accepted principle of international law found in the international Convention of Civil Aviation
also known as the Chicago Convention where it established the principle that states have the
complete and exclusive sovereignty over the air space above the territory

FIVE AIR FREEDOM SIXTH AIR FREEDOM

i. Freedom to fly across the territory without “the privilege to bring passengers and cargo from one country
landing; to the airline’s home country and then transit them to a third
ii. Freedom to land for non-traffic purposes 3. country and vice versa.”
iii. Freedom to put down passengers, mail, and
cargo on the territory of the state whose - On September 26, 200 the Philippines entered into a new
nationality aircraft possesses. aviation agreement with Taiwan, which include the sixth air
iv. Freedom to take on passengers, mail and freedom.
cargo destined for the territory of any other
contracting state; and
v. Freedom to put down passengers, mail and cargo
from any such territory.

B. OUTER SPACE - Outer space is beyond the territorial sphere of state. Thus, an orbiting satellite
owned by a state which is directly above the territory of another state but outside the pull of the
earths gravity, does not offend the territorial integrity of the latter state.

3. FLUVIAL DOMAIN - It refers to internal or national waters and external or territorial waters, over which the
Philippines exercises jurisdiction.

A. INTERNATIONAL OR NATIONAL WATERS - They include rivers, lakes, canals, ports, harbors gulls
and bays and waters, over which the Philippines exercise jurisdiction.

4. (Internal Waters) 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.
A. 1. INTERNAL WATER UNDER THE CONSTITUTION
 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.
 Waters within the archipelagic line are treated by the Constitution as internal waters.
A. 2. ARCHIPELAGIC WATERS UNDER INTERNATIONAL LAW
 However waters within the archipelagic line are not considered internal waters but
archipelagic waters. The term “archipelagic waters” is a new concept under the
international law. A foreign merchant vessel is not allowed to enter the archipelagic
waters of a state without its concept except in the exercise of right of involuntary
entrance
 Right of Innocent Passage
right of any foreign merchant vessel to navigate through the territorial waters of a state for purposes of
traversing that sea without entering internal waters, making for the high seas from internal waters, as long as it is
not prejudicial to the peace, good order or security of the coastal state.
 Right of Involuntary Entrance
is the right of any foreign merchant vessel to enter the territorial waters of a state in case of emergency
such as lack of provisions, unseaworthtiness of the vessel, inclement weather, pursuit of pirates, or other force
majeure.
B. EXTERNAL OR TERRITORIAL WATERS OR MARITIME ZONE
 refers to all waters seaward to a line twelve (12) nautical miles (Twelve-Mile Limit Rule)
distant from the archipelagic baseline over which the Philippines exercise jurisdiction.
These waters are located between the archipelagic water and the territorial lands of the
Philippines, and the open sea or international waters. Foreign merchant vessel can
 exercise both rights of innocent passage and involuntary entrance in the external waters
of the Philippines.
C. TWELVE-MILE CONTIGUOUS ZONE
 It refers to all waters seaward to a line twelve (12) nautical miles distant from the outer
limits of territorial waters, under which the Philippines has control necessary to prevent
infringement of its customs, fiscal, immigration or sanitary regulations and punish
infringement of above regulations committed in its territory
D. TWO HUNDRED-MILE EXCLUSIVE ECONOMIC ZONE
 It refers to the area beyond and adjacent to the territorial sea, not to exceed 200
nautical miles from the baseline (archipelagic line), where the Philippines has an
exclusive right to explore and exploit natural resources found therein and limited
jurisdiction over matters involving customs, fiscal, health, safety and immigration laws
and regulations.

E. INTERNATIONAL WATERS, HIGH SEAS OR OPEN SEAS

 It refers to the portion of the ocean, which is beyond the territorial jurisdiction of any
country. Since antiquity up to the Middle ages, it has been an accepted principle thus
the open sea is free to everybody and like air it is common to all mankind.

ARTICLE 2 – 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.

1. Manifestations of a democratic and republican state.

Ø The observance of the rule of the majority.

Ø The observance of the principle that ours is a government of laws,

and not of men.

Ø The presence of elections through popular will.

Ø The observance of the principle of separation of powers and the

system of checks and balances.

Ø The observance of the principle that the legislature cannot pass

irreparable laws.

Ø The observance of the law on public officers .

Ø The observance of the principle that the State cannot be sued without its consents.

2. Sovereignty of the People

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.

 Philippines cannot declare war on another country.

 The country can only declare an existing state of war.

 When international usage to be applied

 A treaty has force of a statute

  Constitution prevails over a treaty

 Philippines seek peace and unity with the neighboring countries all over the world regardless of race, ideology, and political
system on the basis of mutual trust, respect and cooperation.

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.

 Supremacy of the Civilian Authority

 AFP: Protector of the people and the State

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 person military or civil
service.

 To serve and protect people

 Government exist for the people and not the people for the government.

 The defense of the state is one of the duties of a citizen.

SECTION 5

The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are
essential for the enjoyment by all the people of the blessings of democracy.

 Art. XVI, Sec. 6 ; Art. III, Sec. 1 ;Sec. 11 ; PREAMBLE

SECTION 6

The separation of Church and State shall be inviolable.

1. The State shall have no official religion.

2. The State cannot set up a church, whether or not supported with public funds; nor aid one religion, aid all religions, or
prefer one religion over another.

3. Every person is free to profess belief or disbelief in any religion.

4. Every religious minister is free to practice his calling.

5. The State cannot punish a person for entertaining or professing religious beliefs or disbeliefs.

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 selfdetermination.

 An instrument of domestic policy

 Pursuit of an independent foreign policy

 Paramount consideration

SECTION 8

The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory

 Freedom from Nuclear Weapons

Exceptions The use of nuclear for:

  Medicine , Agriculture , Other beneficial purposes

 If the national interest so requires

 The storing of nuclear weapons in our 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.

 Just and Dynamic Social Order

 Solving the problem of mass poverty

SECTION 10

The State shall promote social justice in all phases of national development.

 The State must give preferential attention to the welfare of the:

 less fortunate

 the poor

 uneducated underprivileged

 disabled

SECTION 11

The State values the dignity of every human person and guarantees full respect for human rights.

Human Rights

 Belief in inherent dignity of every human person basis of human right

 A human person is a being not a thing.

 In a democratic state, the individual enjoys certain rights which cannot be modified or taken away by the lawmaking body.

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.

 Family as the basic autonomous unit

 Right of human life of the unborn from conception and of the mother

 Rearing of the youth for civic efficiency and development of moral character

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.

 CWTS, LTS, ROTC

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

 Proven capabilities of Filipino women

  Expansion of women’s role

 Equality with men before the law

SECTION 15

The State shall protect and promote the right to health of the people and instill health consciousness among them health.

 Department of Health

 Health Center

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.

 Right to Balanced and Healthful Ecology

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.

 DepED, DOST,PSC

SECTION 18

The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

 Human labor is not only treated as land, tools, or machinery. It mandates the State to provide living wage and full
participation to workers in decision making processes which affect their rights and benefits.

SECTION 19

The State shall develop a self reliant and independent national economy effectively controlled by Filipinos.

States the constitutional guidelines in the development of the economy:

 Economic self-reliance

 Independent national economy

 And effective Filipino control of the economy

SECTION 20

The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed
investments

 The Constitution does not favor an economy where the State directly competes with private business.

 The business of government is governance and NOT money-making.

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

 Recognizes the existence and the rights of the indigenous cultural communities.

 Directs the State to promote the rights of indigenous cultural communities by considering their customs, traditions, beliefs,
and interests.
  Implementing state policies with full respect to their culture, dignity, uniqueness and human rights.

SECTION 23

The State shall encourage nongovernmental, community based, or sectoral organizations that promote the welfare of the nation.

 The state is required to encourage these organizations because recent events have shown that, under responsible
leadership, they can be active contributors to the political, social, and economic growth of the country – promote the
welfare of the nation.

SECTION 24

The State recognizes the vital role of communication and information in nation building

 The people are enlightened on certain public issues.

 They can also serve as useful tools to promote unity among the Filipinos.

SECTION 25

The State shall ensure the autonomy of local governments.

 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.

 This does not allow the existence of political dynasties or the practice of keeping political power within the control of select
families.

 Emphasizes the duty of the government to uphold democratic elections and appointments.

SECTION 27

The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and
corruption.

 Honesty and integrity in public service

SECTION 28

The Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its
transactions involving public interests.

 The policy covers matters involving public interest especially those concerning the utilization of public funds and property.