Two (2) Parts of the National Territory

1.The Philippine archipelago with all the islands

and waters embraced therein; and
2.All other territories over which the Philippines
has sovereignty or jurisdiction.
Do you consider the Spratlys Group of
Islands as part of Philippine Archipelago?
Spratlys roup o! "slands is not part o! the
Philippine Archipelago because it is too !ar away
!rom the three main islands o! the Philippines. "t
is !ound# geographically# almost in the middle o!
the South $hinaSea. "t is not part o! the
Philippine Archipelago. %istorically# when we
tal& about Philippine Archipelago# we re!er to
those islands and waters that were ceded bythe
Spain to the 'nited States by virtue o! Treaty o!
Paris in 1()(. And that did not include the
Spratlys roup o! "slands yet. 'nder the treaty#
the islands that were ceded by Spain were
identi!ied*the main islands*+u,on# -isayas and
.indanao. $learly# it did not include the Spratlys
roup o! "slands.
Spratlys roup o! "slands was only discovered
sometime in the 1)/01s by a 2ilipino# Tomas
$loma. The latter waived his rights over the
islands in !avor o! the Philippine overnment. "n
e!!ect# the government stepped into the shoes o!
the discoverer. 3y then President .arcos# what
he did the moment Tomas $loma waivedhis
rights over the Spratlys roup o! "slands# is to
have the islands immediately occupied by
Philippine troops. %e then issued P4 1/)5#
constituting the Spratlys roup o! "slands as a
regular municipality claiming it the .unicipality
o! 6alayaan placing it under the Province o!
Palawan. And then he had the elections
immediately held in the islands so !rom that
time on until now# we continue to hold elections
there. The Philippine e7ercises not only
jurisdiction but also sovereignty over the
Spratlys roup o! "slands# yet it is not part o! the
Philippine Archipelago. eographically# it is too
!ar away !rom the Philippine Archipelago.
8n .ay 20# 1)(0# the Philippines registered its
claim with the '9 Secretariat.
The Philippine claim to the islands is justi!ied by
reason o! history# indispensable need# and
e!!ective occupation and control. Thus# in
accordance with the international law# the
Spratlys roup o! islands is subject to the
sovereignty o! the Philippines.
Do you consider the Spratlys group of Islands as
part of our National Territory?
:es. Article " o! the $onstitution provides; <The
national territory comprises the Philippine
archipelago# 7 7 7# and all other territories over
which the Philippines has sovereignty or
jurisdiction# 7 7 7.= The Spratlys roup o! islands
!alls under the second phrase <and all other
territories over which the Philippines has
sovereignty or jurisdiction=. "t is part o! our
national territory because Philippines e7ercise
sovereignty>through election o! public o!!icials?
over Spratlys roup o! "slands.
What was the asis of the Philippines! clai"
o#er the Spratlys?
Through discovery o! Tomas $loma and
occupation
$odes of ac%uiring territories;
&' Disco#ery and (ccupation *which are
terra nullius >land belonging to no one?
Doctrine of Effective Occupation*discovery
alone is not enough. .ere discovery gives only an
inchoate right to the discoverer. 2or title to
!inally vest# discovery must be !ollowed by
e!!ective occupation in a reasonable time and
attestation o! the same.
2' )ession y Treaty . @7amples are Treaty
o! Paris# treaty between 2rance and
'Sceding +ouisiana to the latter and
treaty between Aussia and 'S ceding
Alas&a to the latter;
*' Prescription *which is a concept under
the $ivil $ode. Territory may also
beacBuired through continuous and
uninterrupted possession over a long
period o!time. %owever# in international
law# there is no rule o! thumb as to the
length o! time !or acBuisition o! territory
through prescription. "n this connection#
consider the rotius 4octrine o!
immemorial prescription# which spea&s
o! uninterrupted possession going beyond
memory.
+' )on%uest or Su,ugation
(con%uistadores)*this is no longer
recogni,ed# inasmuch as the '9 $harter
prohibits resort to threat or use o! !orce
against the territorial integrity or
political independence o! any state; and
-' .ccretion *another concept in the $ivil
$ode. "t is the increase in the land area
o! the State# either through natural
means# or arti!icially# through human
labor.
Go#ern"ent C it is the agency through which the
will o! the State is !ormulated# e7pressed# and
reali,ed.
- "nstitution or aggregate o!
institutions by which an independent
society ma&es and carries out those
rules o! action which are necessary
to enable men to live in a social
state.
Go#ern"ent of the /epulic of the Philippines
C a corporate governmental entity through which
the !unctions o! government are e7ercised
throughout the Philippines; re!ers to the three
great departments
Go#ern"ent is the institution through which the
State e7ercises its power while the
.d"inistration is people who runs and operates
the government.
Administration may change# but the government
may not. A government can e7ist without a State
but a State cannot e7ist without a government.
01N)TI(NS (0 T23 G(43/N$3NT
1. Constituent C compulsory;
2. Ministrant C optional; !or public wel!are
5inds of Go#ern"ent
1. De Jure C !ounded on constitutional laws
o! the state and has the general support
o! the people.
2. De FactoC not !ounded on e7isting
constitutional laws o! the state and is
maintained against the right!ul authority
o! an established and law!ul.
/o"ualde678ap # )i#il Ser#ice )o""ission
22/ S$AA 2(/
August 12# 1))D
A reorgani,ation whether in a government
bureau per!orming constituent !unctions or in a
governmentalEowned or control government
must meet a common test# the test o! good
!aith.
o Petition to invalidate the resolution 9o. )2E
201 o! the $ivil Service $ommission
The petitioner was the Second Assistant .anager
then was appointed as the Senior -P to the 2und
Trans!er 4epartment# which was later on
abolished.
The petitioner believes that her separation !rom
the service was illegal and done in bad !aith.
The reorgani,ation was acted in good !aith
because it was pursued to achieve economy and
to ma&e bureaucracy more e!!icient.
Aemoval !rom o!!ice as a result o! reorgani,ation
must pass the test o! good !aith# a test well
established in democratic charter
o Petition denied because o! the !ailure to show
grave abuse o! discretion on the part o! the
$S$# and the reorgani,ation was made in good
!aith
0ontanilla # $alia"an7constituent v ministrant
1)F S$AA F(5
2ebruary 2G# 1))1
o .otion !or reconsideration o! the $ourt1s
Second 4ivision decision in .A. //)5D# which
was in !avor o! 2ontanilla
Son o! the petitioners were &illed by the driver
o! 9"A. They !iled a case !or damages against 9"A
9"A is a government agency with juridical
personality separate and distinct !rom the
government. "t is government owned and
controlled engaged in proprietary !unctions.
9"A is a BuasiEpublic corporation.
The court directed respondent 9"A to pay
damages >death bene!its? and actual e7penses to
the petitioner.
o Petition dismissed based on Art 21G5 >BuasiE
delictE have to pay damages to another there
being !ault or negligence? and 21(0
>employers shall be liable !or damages
caused by their employees within the scope
o! their tas&s? o! the new civil code
Philippine )oconut Desiccators # Philippine
)oconut .uthorityEministrant v constituent#
laisse, !aire# govt intervention
.A. 9o. 100/25
2ebruary 10# 1))(
o Petition !or mandamus to compel P$A to
revo&e the board resolution that states that
those who wish to engage in coconut
processing business won1t be reBuired o! a
license.
P$A is an independent public corporation to
promote rapid integrated development and
growth o! the industry# and ensure that !armers
ta&e part and bene!it !rom it.
"t was a move to promote !ree enterprise# but it
has resulted in cutthroat competition
>underselling# smuggling# decline o! coconutE
based commodities?
o Petition granted# because the government
should intervene whenever necessary to
promote the general wel!are# and when the
public interest so reBuires.
P4T. # )I/ C ministrant v constituent
5/ S$AA F15
Huly 2/# 1)G/
o Appeal by certiorari >Hudge .artine,1s
decision directing the petitioner to pay the
di!!erential on their overtime pay?
Petitioner claims that the matter is beyond the
jurisdiction o! the $"A
P-TA is e7ercising governmental !unctions and
that it is e7empt !rom the operation o! $A FFF
>petitioner; ( hour labor law does not apply to
them?
The irrelevance o! such distinction between the
ministrant and constituent !unctions was pointed
out considering the needs o! the present time.
o Appeal was denied because the government
has to provide !or the general wel!are#
regardless o! the label o! its !unctions
>ministrant vs constituent?
P./3NS P.T/I.3 >uardian o! the rights o!
people?
Doctrine of Parens Patriae*the government as
guardian o! the rights o! the people may initiate
legal actions !or and in behal! o! particular
individual.
Go#t' of the Phil' Islands # $onte de Piedad
Parens patriae# sovereignty;political laws
D/ S$AA GD(
4ecember 1D# 1)15
o Appeal o! .onte de Piedad against the
judgment in !avor o! the plainti!!
IF00#000 was paid into the treasury o! the
Philippine "slands by Spain !or the relie! o! those
damaged by an earthBua&e. .onte de Piedad has
petitioned that I(0#000 be given to them >F
installments?
I(0#000 was awarded to .onte de Piedad
because o! its absolute necessity o! more
wor&ing capital with the promise that the same
would be returned !ortwith.
The issue is not political in nature# and so the
donation was not wiped out with the change o!
sovereignty.
The heirs and allotments o! such amount was
petitioning !or the recovery o! the I(0#000 with
interest.
o The appeal has been dismissed because the
plainti!! is a proper party to the case under
the doctrine o! parens patriae
)aanas # Pilapil Cparens patriae
/( S$AA )F
Huly 2/# 1)GF
o Appeal o! Pilapil !or him to be able to act as
the trustee o! an insurance policy le!t by his
brother
The brother was instituted to act as the trustee
during the child1s minority# however# the child is
living with the mother.
The lower court has decided in !avor o! the
mother# applying the $ivil $ode.
State# as parens patriae# stresses the importance
o! !amily unity. A parent should be pre!erred
o Appeal was denied based !rom the parens
patriae doctrine and Articles D20 and D21 o!
the $ivil $ode
So#ereignty*the supreme and uncontrollable
power inherent in a State by which that State is
governed.
"t is the right to e7ercise the !unctions o! a State
to the e7clusion o! any other
State.
Jhile sovereignty has traditionally been
deemed absolute and allEencompassing on the
domestic level# it is however subject to
restrictions and limitations voluntarily agreed to
by the Philippines# e7pressly or impliedly# as a
member o! the !amily o! nations. "n its
4eclaration o! Principles and State Policies# the
$onstitution adopts the generally accepted
principles o! international law as part o! the law
o! the land# and adheres to the policy o! peace#
eBuality# justice# !reedom# cooperation and
amity# with all nations. 3y the doctrine o!
incorporation# the country is bound by generally
accepted principles o! international law# which
are considered to be automatically part o! our
own laws.
9Go#ern"ent of :aws and Not of $en';<
sovereignty o! the people also includes the
concept that government o!!icials have only the
authority given them by law and de!ined by law#
and such authority continues only with the
consent o! the people.
5inds of So#ereignty=
a' :egal*the power to issue !inal commands or
laws;
' Political*the sum total o! all the in!luences
which lie behind the law;
c' Internal*the supreme power over everything
within its territory;
d' 3>ternal*also &nown as independence*
!reedom !rom e7ternal control
)haracteristics=
a. Permanence
b. @7clusiveness
c. $omprehensiveness
d. Absoluteness
e. "ndivisibility
!. "nalienability
g. "mprescriptibility
Sovereignty# o!ten re!erred to as I"periu"*is
the State1s authority to govern; it includes
passing laws governing a territory# maintaining
peace and order over it# and de!ending it against
!oreign invasion.
"t is the government authority possessed by the
State e7pressed in the concept o! sovereignty
Do"iniu"*is the capacity o! the State to own or
acBuire property such as lands and
natural resources. >+ee %ong %o& vs. 4avid# 9o.
+ED0D()# 4ecember 2G# 1)G2;
Separate 8pinion o! Hustice 6apunan in $ru, vs.
Secretary o! 4@9A# .A. 9o.
1D/D(/# 4ecember 2000?
"t necessarily includes the power to
alienate what is owned. "t was the !oundation !or
the early Spanish decrees embracing the !eudal
theory o! jura regalia that all lands were held
!rom the $rown.
3ffect of ?elligerent (ccupation*there is no
change in sovereignty. %owever# political laws#
e7cept those o! treason# are suspended;
municipal laws remain in !orce unless changed by
the belligerent occupant.
Principle of @us Postli"iniu"*at the end o! the
occupation# when the occupant is ousted !rom
the territory# the political laws which have been
suspended shall automatically become e!!ective
again
3ffect of )hange of So#ereignty*political laws
o! the !ormer sovereign are abrogated unless
they are e7pressly reenacted by the a!!irmative
act o! the new sovereign.
.unicipal laws remain in !orce.
3ffect of /e#olutionary Go#ern"ent*it is
bound by no constitution. %owever# it did not
repudiate the $ovenant or 4eclaration in the
same way it repudiated the $onstitution. As
the de jure government# the revolutionary
government could not escape responsibility !or
the State1s good !aith compliance with its treaty
obligations under international law. 4uring the
interregnum when no constitution or 3ill o!
Aights e7isted# directives and orders issued by
government o!!icers did not e7ceed the authority
granted them by the revolutionary government.
The directives or orders should not have also
violated the $ovenant or the 4eclaration.