THE PHILIPPINES AS A STATE boundaries have not been settled, if one

State a community of persons, more or or more of its boundaries are disputed,

less numerous, permanently occupying a or if another state claims some of its

fixed territory and possessed of an territory. An entity does not necessarily

independent government organized for cease to be a state even if all its territory

political ends to which the great body of has been occupied by a foreign power or

inhabitants render obedience. if it has otherwise lost control of its

-An abstract being, the existence of a territory temporarily.

state is made manifest by its elements; -The delineation of the Philippine

people, territory, government, and territory is found in Article 1 of the 1987

sovereignty Constitution. However, Fr. Bernas opined

-State is a legal or juristic concept; nation that Article 1 is not binding to the rest of

is an ethnic or racial concept. the world since from the perspective of

Government is an instrumentality of the international law, the Constitution is

State through which the will of the State merely a municipal law and as such, it is

is implemented and realized. only binding to the state promulgating it.

Territory Archipelago Doctrine: the waters

-Domains: (1) the terrestrial domain, (2) around, between and connecting the

the maritime of fluvial domain, and (3) islands of the archipelago, regardless of

the aerial domain their breadth and dimensions, form part

-An entity may satisfy the territorial of the internal waters of the Philippines.

requirement for statehood even if its Straight Baseline Method: Imaginary

straight lines are drawn joining the the islands of Cagayan, Sulu and Sibutu;

outermost points of outermost islands of and

the archipelago, enclosing an area the 3. those defined in the treaty concluded

ratio of which should not be more than between the United States and Great

9:1; provided that the drawing of the Britain on 2 January 1930 covering the

baselines shall not depart, to any Turtle and Mangsee Islands.

appreciable extent, from the general • “All other territories over which the

configuration of the archipelago. Philippines has sovereignty or

The Concept of State jurisdiction, consisting of its terrestrial,

• On the basis of Article I of the 1987 fluvial, and aerial domains, including its

Constitution, the Philippine territory territorial sea, the seabed, the subsoil,

includes: the insular shelves, and other submarine

• “the Philippine archipelago with all the areas” which embraces

islands and waters embraced therein” 1. the islands of Batanes, which were

which, in turn, embraces embraced under a general statement in

1. those ceded by Spain to the United the 1935 Constitution;

States by virtue of the Treaty of Paris on 2. “any other territory which presently

10 December 1898; belongs or might in the future belong to

2. those defined in the treaty concluded the Philippines through any of the

between the United States and Spain on internationally accepted modes of

7 November 1900, which were not acquiring territory”; and

defined in the Treaty of Paris, especially 3. those territories which was referred to
in the 1973 Constitution as “belonging to territory. It merely regulates, among

the Philippines by historic right or legal others, sea-use rights over maritime

title” such as Sabah, the Marianas, and zones, and delimitation of continental

Freedomland. shelves.

PETITIONERS’ ARGUMENT: Classifying

In MAGALLONA V. ERMITA, G.R. No. the KIG and Scarborough as ”regime of

187167, 16 August 2011 , the petitioners islands” is inconsistent with Philippine

questioned the validity of Republic Act claim of sovereignty

No. 9522 (Philippine Archipelagic SC RULING: Had Congress in RA 9522

Baselines Law) enclosed the KIG and the Scarborough

PETITIONERS’ ARGUMENT: RA 9522 Shoal as part of the Philippine

"dismembers a large portion of the archipelago, adverse legal effects would

national territory" because it discards the have ensued.The Philippines would have

pre-UNCLOS III demarcation of Philippine committed a breach of two provisions of

territory under the Treaty of Paris and UNCLOS III. First,Article 47 (3) of UNCLOS

related treaties, successively encoded in III requires that " [t]he drawing of such

the definition of national territory under baselines shall not depart to any

the 1935, 1973 and 1987 Constitutions. appreciable extent from the general

SC RULING: UNCLOS did not adversely configuration of the archipelago."

affect the Philippine territory because it Second,Article 47 (2) of UNCLOS III

has nothing to do with the acquisition (or requires that "the length of the baselines

loss) of shall not exceed 100 nautical miles," save

for three per cent (3%) of the total "archipelagic waters" under UNCLOS III

number of baselines which can reach up (Article 49 ), the Philippines exercises

to 125 nautical miles. By enacting a sovereignty over the body of water lying

baseline law that complies with the landward of the baselines, including the

provisions of UNCLOS, in effect, the air space over it and the submarine areas

Philippines has strengthened its claim of underneath .

sovereignty over KIG and Scarborough -Besides, In the absence of municipal

PETITIONERS’ ARGUMENT: The law legislation, international law norms, now

compromised our claim over Sabah codified in UNCLOS, operate to grant

SC RULING: RA 9522 did not repeal RA innocent passage

5446 which textualized the Philippines’ rights over the territorial sea or

claim over Sabah. archipelagic waters, subject to the

PETITIONERS’ ARGUMENT: The law is treaty's limitations and conditions for

incompatible with the Constitution’s their exercise.

delineation of internal waters GOVERNMENT

SC RULING: The Philippine sovereignty is  Government v. Administration

not affected by reclassifying what is  Departments of Government

referred to as ”internal waters” in the  Forms of Government

Constitution into

”archipelagic waters.” Whether referred According to the number of rulers

to as Philippine "internal waters" under  Monarchy

Article I of the Constitution or as  Aristocracy

  Demorcracy the federated regions of Bangsamoro and

According to allocation of powers the Cordillera

between the national and the local • Each federated region will have

governments Regional Governor, Deputy Regional

 Federal Governor and Regional Assembly. RG and

 Unitary DRG are elected from the members of

According to the relationship between the RA as a team

the executive department and the • Each region will have a Regional

legislature Supreme Court, Regional Appellate

 Parliamentary Courts, Regional Trial Courts and other

 Presidential lower courts. This is in addition to four

According to its legitimacy Supreme Courts in the federal level:

 De facto Federal Supreme Court, Federal

 De jure Constitutional Court, Federal

Proposed Federal Set-up Administrative Court, and Federal

PROPOSED FEDERAL SYSTEM OF Electoral Court

GOVERNMENT UNDER THE FISCAL POWERS AND FINANCIAL

CONSULTATIVE COMMISSION’S DRAFT ADMINISTRATION

CONSTITUTION Taxes and fees to be collected by Federal

Regions:

• There will be 16 federated regions (the • Real property tax

present-day administrative regions) plus • Estate tax

 • Donor's tax administers an Equalization Fund which

• Documentary stamp tax will go to regions that need financial

• Professional tax assistance.The fund will be 3% of the

• Franchise tax General Appropriations Act.

• Environmental tax, pollution

tax, and similar taxes KINDS OF DE FACTO GOVERNMENTS

• Road users' tax 1. The first is that which gets possession

• Vehicle registration fees and control of, or usurps, by force or by

• Transport franchise fees the voice of the majority, the rightful

• Local taxes and other taxes legal governments and maintains itself

which may be granted by federal against the will of the latter.

law 2. The second kind, on the other hand, is

referred to as government of paramount

• Federated Regions to be given at least force, since it is established and

50% of all the collected taxes on income, maintained by military forces who invade

excise,VAT, and customs duties; and 50% and occupy a territory of the enemy in

of all net revenues derived from the the course of war.

exploration, development, and utilization 3. The third kind is that which is

of all natural resources within their established as an independent

territory. government by the inhabitants of a

• A 16-member Federal country who rise in insurrection against

Intergovernmental Commission the parent state.

GENERAL RULE: Though wanting in of war and necessary for the control of

legitimacy, all acts and proceedings of the the occupied territory and the protection

legislative, executive, and judicial of the army of the occupier

departments of a de facto government • Upon assumption of the de facto

are good and valid and they remain to be government, political laws of the

so even after the legitimate government legitimate government are suspended

is restored and are automatically restored upon the

EXCEPTION: Acts of the de facto restoration of the legitimate government

government which are of political (by virtue of the principle of

complexion which ceased to be valid and postliminium)

binding ipso facto upon the restoration of • However, the suspension of political

the legitimate government. laws during belligerent occupation is

• With particular reference to criminal intended for the governing of the civil

laws, “a punitive or penal sentence is said inhabitants of the occupied territory. It is

to be of a political complexion when it not intended for and does not bind the

penalizes either (1) a new act not defined enemies in arms.

in the municipal laws, or (2) acts already Functions of the Government:

penalized by the latter as a crime against Constituent – mandatory for the

the legitimate government but taken out Government to perform because they

of the territorial law and penalized as constitute the very bonds of society

new offenses committed against the Ministrant – intended to promote the

belligerent occupant, incident to a state welfare, progress and prosperity of the

people and which are merely optional for B. Presidential – separation of executive

Government to perform and legislative powers

Doctrine of Parens Patriae: parents of Parliamentary – fusion of both

the people; the Government may act as executive and legislative in

guardian of the rights of the people who Parliament;

may be disadvantaged or suffering from Actual exercise of executive powers is

some disability or misfortune. vested in a Prime Minister who is

Classification chosen by, and accountable to the

A. De jure Parliament

De facto – Kinds C. Unitary

1. Takes possession or control of, or Federal

usurps, by force or by the voice of the Sovereignty: supreme and uncontrollable

majority, the rightful legal power inherent in a State by which that

government and maintains itself State is governed

against the will of the latter;

2. Established by the inhabitants of a

territory who rise in insurrection

against the parent state; and

3. Established by invading forces of an

enemy who occupy a territory in the

course of war (de facto government

of paramount force).