University of San Carlos Constitutional Law 1 Study Guide by Atty.

Galeon Room EH308 SDSG

INTRODUCTION

I. POLITICAL LAW
That branch of public law that deals with the organization and operations of the
governmental organs of the State and defines the relations of the State with the
inhabitants of its territory.
II. CONSTITUTIONAL LAW
The study of the maintenance of the proper balance between authority as
represented by the 3 inherent powers of the State and liberty as guaranteed by
the Bill of Rights.
III. CONSTITUTION
The written instrument enacted by the direct action of the people by which
a. the fundamental powers of the government are established, limited
and defined, and by which
b. those powers are distributed among the several departments for their
safe and useful exercise for the benefit of the body politic.
Purposes:
a. To prescribe a permanent framework of a system of a government
b. To assign to the several departments their respective powers and
duties
c. To establish certain first principles on which the government is founded
Types: We have a written, enacted and rigid Constitution
a. According to Form
1. Written
One whose precepts are embodied in 1
document or set of documents
2. Unwritten
Consists of rules which have not been integrated
into a single, concrete form but are scattered in
various sources including statutes, judicial
decisions, publicists commentaries, customs and
traditions and certain common law principles.
b. According to Origin
1. Conventional
Enacted, formally struck off at a definite time and
place following a conscious or deliberate effort
taken by a constituent body or ruler
2. Cumulative
Evolved, is the result of political evolution, not
inaugurated at any specific time but changing by
accretion rather than by any systematic method

c. According to Procedure of Amendment
1. Rigid
One that can be amended only by a formal and
usually difficult process
2. Flexible
One that can be changed by ordinary legislation
Qualities of a good written Constitution
a. Broad
1. Covers the basics but provides for any contingencies
b. Brief
1. Confines to basic principles which will be implemented with
legislative details more adjustable to change
c. Definite
1. No ambiguity to prevent confusion and division
Essential Parts of a good written Constitution
a. Constitution of Liberty
1. Bill of Rights (fundamental rights and constitutional
limitations on governmental powers as a means to securing
those rights
b. Constitution of Government
1. Organization, power, duties and functions, limitation on
powers, qualifications
c. Constitution of Sovereignty
1. Method/procedures in amending or revising the
Constitution
Constitutional Construction
a. Verba Legis
1. Words used in the Constitution must be given their ordinary
meaning except where technical terms are employed
b. Ratio Legis Est Anima
1. In case of ambiguity, words of the Constitution should be
interpreted in accordance with the intent of the framers
c. Ut Magis Valeat Quam Pereat
1. In case of conflicting provisions, the Constitution must be
interpreted as a whole
NOTE: In case of doubt, provisions are held to be self-executing;
mandatory rather than directory; and prospective rather than retroactive

DOCTRINE OF CONSTITUTIONAL SUPREMACY The Constitution is the fundamental and supreme law.

University of San Carlos Constitutional Law 1 Study Guide by Atty. Galeon Room EH308 SDSG
AMENDMENT AND REVISION

Article XVII, 1987 Constitution
Section 1.
Any amendment to, or revision of, this Constitution may be proposed by:
1. The Congress, upon a vote of three-fourths of all its Members; or
2. A constitutional convention.
Section 2.
Amendments to this Constitution may likewise be directly proposed by the people through
initiative upon a petition of at least twelve per centum of the total number of registered
voters, of which every legislative district must be represented by at least three per centum of
the registered voters therein. No amendment under this section shall be authorized within
five years following the ratification of this Constitution nor oftener than once every five years
thereafter.
The Congress shall provide for the implementation of the exercise of this right.
Section 3.
The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention,
or by a majority vote of all its Members, submit to the electorate the question of calling such
a convention.
Section 4.
Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid
when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than
sixty days nor later than ninety days after the approval of such amendment or revision.
Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes
cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days
after the certification by the Commission on Elections of the sufficiency of the petition.

I. AMENDMENT VS REVISION
A. Amendment
1. Any change that adds, reduces, deletes, without altering the principle
involved.
2. Generally affects only the specific provision being amended
3. Isolated/piecemeal change
B. Revision
1. Any change that alters any of the basic principles or tenets underlying
the Constitution
2. Generally affects several provisions of the Constitution
3. Overhaul or revamp or rewriting the whole instrument



II. PROCEDURES IN AMENDMENT OR REVISION
A. PROPOSAL
1. Revisions and Amendments
Constituent Assembly
a. Requires vote from all the members of
Congress voting separately
b. Is composed of members of Congress acting as a
group to propose amendments to or revisions of
the Constitution
Constitutional Convention
a. Requires 2/3 vote from all the members of
Congress voting separately
b. If Congress cannot decide, vote will be thrown to
the people - majority
c. Is composed of individuals who are deemed to
have the expertise needed in proposing
amendments to or revisions of the Constitution
2. Amendments only
Peoples Initiative
a. Directly proposed by the people through
initiative upon petition signed by at least 12% of
the total number of registered voters in the
country, AND
b. each legislative district must be represented by at
least 3% of the total number of registered voters
therein
c. Requires an enabling law (Congress will provide
for its implementation)
d. Can only be availed of 5 years after ratification of
the 1987 Constitution and once every 5 years
thereafter
B. RATIFICATION
1. Ratified by a majority vote in a plebiscite held under the Election Law,
supervised by COMELEC and where only registered voters take part
2. Not earlier than 60 days nor later than 90 days after
Approval by Congress (Constituent Assembly)
Approval by Constitutional Convention
Certification of Sufficiency of the petition by the COMELEC
a. Form
b. Substance


University of San Carlos Constitutional Law 1 Study Guide by Atty. Galeon Room EH308 SDSG
III. RELEVANT CASES

A. Amendment and Revision
1. 2-part Test
Quantitative
a. Checks on number of provisions affected
Qualitative
a. Checks the degree of change to determine if any
of basic principles underlying the Constitution
have been affected
Lambino vs COMELEC, GR 174153, 10/25/06

B. Constituent vs Legislative Power
1. Congress can transform itself into a Constituent Assembly through a
vote of all members voting separately for the purpose of proposing
changes to the Constitution AND
2. Pass the necessary implementing law using its legislative powers
through a vote of 2/3 of all members voting separately
Imbong vs COMELEC, GR L- 32432, 9/11/77

C. Congress has full discretion on the choice of method for proposal
1. Constituent Assembly
2. Constitutional Convention
Occena vs COMELEC, GR L-56350, 4/2/81

D. Theories on position of Constitutional Convention
1. Theory of Conventional Supremacy
Loomis vs Jackson, 6W. Va. 613
2. Convention is Inferior
Woods Appeal, 79 Pa. 59
3. Independent and Co-Equal
Mabanag vs Lopez Vito, 78 Phil 1

E. RA 6735 as Sufficient Enabling Law for Peoples Initiative
1. Insufficient and unconstitutional
Defensor-Santiago vs COMELEC, GR 127325, 3/19/97
2. Sufficient
Lambino vs COMELEC, GR 174153, 10/25/06
Minute Resolution on Motion for Reconsideration 10 votes

F. Elements of Petition in Peoples Initiative
1. The people must author and sign the entire proposal, no agent or
representative can sign on their behalf
2. As an initiative upon a petition, the full proposal must be embodied in
the petition
Lambino vs COMELEC, GR 174153, 10/25/06

G. Doctrine of Proper Submission
1. Because the Constitution itself prescribes the timeframe within which
the plebiscite is to be held, there can be no question as to the adequacy
of time given to people for determination.

2. Ratification plebiscite can be held on the same day as a regular
elections
Gonzales vs COMELEC, GR L-28916, 11/9/67

3. No piecemeal submissions the word election was used in its
singular sense means that the entire constitution must be submitted for
ratification at 1 plebiscite only.
Tolentino vs COMELEC, GR L-34150, 10/16/71

Plebiscite Referendum
Ratification of proposed amendments; approval of
particular amendment
Consultation; getting public attention/ public
sentiment on a certain issue


H. Judicial Review of Amendments
1. Subject to Judicial Review to determine whether or not the
constitutional provisions had been followed FORM, not substance
Sanidad vs COMELEC, GR L-44640, 10/12/76









University of San Carlos Constitutional Law 1 Study Guide by Atty. Galeon Room EH308 SDSG
IV. JUDICIAL REVIEW

A. DEFINITION
1. Article VIII, Section 1, Paragraph 1
Judicial power to settle actual controversies involving rights
which are legally demandable and enforceable
Judicial power to determine whether or not there has been
a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of
the Government.
2. Article VIII, Section 4, Paragraph 2
Judicial power to test the constitutionality of a treaty,
international or executive agreement, or law.
Judicial power to test the constitutionality, application, or
operation of presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations

B. WHO MAY EXERCISE THE POWER OF JUDICIAL REVIEW
1. Supreme Court (Article VIII, Section 4, Paragraph 2)
2. Lower Courts (Article VIII, Section 5, Paragraph 2)

C. FUNCTIONS OF JUDICIAL REVIEW
1. Checking
Check for grave abuse of discretion/unconstitutionality
2. Legitimating
Legitimize extra-constitutional change
3. Symbolic
Educate bench and bar on controlling principles and
concepts of great importance

D. REQUISITES OF JUDICIAL REVIEW
1. Actual Case/Controversy
There should be an actual and existing conflict of legal rights
or an assertion of opposing legal claims at all stages of
review, which can be resolved through the application of
existing laws and jurisprudence
Should not be a request for Advisory Opinion but maybe an
action for declaratory relief
Issue should not be moot and academic
Issue should be ripe for adjudication (actual injury)
Issue should not be premature (exhaust all options)
Exceptions:
a. There is grave violation of the Constitution or the
rights provided therein
b. There is paramount public interest and is of
exceptional character
c. Case is capable of repetition yet evasive of review
d. Constitutional issue raised requires formulation
of controlling principles to guide the bench, bar
and the public
2. Locus Standi
Constitutional question must be raised by the proper party
with legal standing.
To have legal standing, you must have a personal and
substantial and material interest in the case such that you
have sustained or will sustain a direct injury as a result
Requirements:
a. Direct Injury Test
i. Citizens
1. Constitutionality of a statute
a. There should be a direct and
personal interest and that citizen
sustained or will sustain some
direct injury as a result of that
statutes enforcement
2. Assertion of a public right
a. Filipino citizen
ii. Voters
1. Constitutionality of election law
a. There should be obvious interest
in the election law being
questioned a
b. party should be a registered voter
iii. Taxpayers
1. There should be sufficient interest
in preventing the illegal
expenditure of funds derived from
the taxing and spending power of
Congress
2. And that he would sustain a direct
injury as a result of the
enforcement of the questioned
statute or contract.


University of San Carlos Constitutional Law 1 Study Guide by Atty. Galeon Room EH308 SDSG
iv. Legislators
1. There must be a claim that the
official action complained of
infringes upon their prerogatives as
legislators.
v. Government
1. Doctrine of Parens Patriae
b. Facial Challenge
i. Used only when a statute operates in the
area of Freedom of Expression
ii. Overbreadth Doctrine
1. Anyone can challenge the validity
of the statute even though, as
applied to him, it is not
unconstitutional, but it might be if
applied to others not before the
court whose activities are
constitutionally protected.
2. Rarely used since this is very
difficult to prove since the
challenger must establish that
there can be no instance when the
assailed law may be valid
Exceptions:
a. Issue is of paramount public interest
b. Issue is of transcendental importance
c. Issue is a matter of public concern and imbued
with public interest

3. Earliest Opportunity with the Right Forum
A constitutional issue must be raised in the pleadings before
the competent court can resolve the case.
If the issue of constitutionality is not raised during the
pleadings, it cannot be raised during trial and onward.
Exceptions:
a. Criminal Cases can be raised at any time at the
courts discretion
b. Civil Cases can be raised at any stage in the
proceedings If necessary to the determination of
the case itself
c. In every other case can be raised at any point if
it involves jurisdiction of the court
i. Exception: Unless when there is
Estoppel
4. Lis Mota
The decision on the constitutionality question must be
determinative of the case itself
The outcome of the case rests on the decision on the
question of unconstitutionality
Because of the Doctrine of Separation of Powers, courts are
loathe to decide constitutional questions and as long as the
case can be decided on some other merit, it will not touch
the issue of constitutionality.

E. EFFECTS OF DECLARATON OF UNCONSTITUTIONALITY
1. Orthodox View
An unconstitutional act is not a law:
a. It confers no rights
b. Imposes no duties
c. Affords no protection
d. Creates no office
e. It is inoperative, as if it had never been passed at
all
It is usually used when the law was declared
unconstitutional a short time after its effectivity
2. Modern View
Courts simply refuse to recognize the law and will determine
the rights of the parties as if the law in question did not
exist.
It is usually used when there is a significant amount of time
between the date the said law became effective and the
date it was declared unconstitutional
This is to protect the rights which may have already vested
by people who acted in good faith upon reliance of the
aforementioned law

F. PARTIAL UNCONSTITUTIONALITY
1. With respect to the Doctrine of Separation of Powers, courts will
hesitate to declare a law totally unconstitutional and will always
attempt to salvage the valid portions of it.
2. Requisites for Declaration of Partial Unconstitutionality
The legislative is willing to retain the valid portions
a. Expressed through a Separability Clause
The valid portions can stand independently as a separate
law

University of San Carlos Constitutional Law 1 Study Guide by Atty. Galeon Room EH308 SDSG
G. POLITICAL QUESTIONS VS JUSTICIABLE QUESTIONS
1. Political Question
An issue is a political question when it does not deal with
the interpretation of a law and its application to a case, but
with the very wisdom of the law itself.
a question of policy:
a. those questions which, under the Constitution,
are to be decided by the people in their sovereign
capacity, or in regard to which full discretionary
authority has been delegated to the Legislature
or executive branch of the Government.
It is concerned with issues dependent upon the wisdom, not
legality, of a particular measure.
Political questions are a limitation on the power of Judicial
Review so that the Judiciary will not encroach on the duties
and responsibilities of the both the Legislative and Executive
branches.
FOCUS: Wisdom of the Law

2. Justiciable Questions
An issue that can resolved upon the interpretation and
application of an existing law together with precedent
judicial decisions
FOCUS: Legality of the Law

3. SC will not decide on a political question due to the following reasons:
a. Lack of judicially discoverable and manageable
standards for resolving it
b. Impossibility of deciding without an initial policy
determination of a kind clearly for non-judicial
discretion
c. Impossibility of a courts undertaking
independent resolution without expressing lack
of the respect due coordinate branches of
government
d. An unusual need for unquestioning adherence to
a political decision already made
e. Potentiality of embarrassment from multifarious
pronouncements by various departments on one
question




THE PHILIPPINES AS A STATE

I. DEFINITIONS
A. STATE
A community of persons, more or less numerous, permanently
occupying a definite portion of territory, independent of external
control, and possessing a government to which a great body of
inhabitants render habitual obedience.
A legal or juristic concept
B. NATION
A non-juristic concept made of people bound together by an awareness
of community interests based upon one or more factors such as racial,
cultural identity, language, common economic and social
interdependence or other bonds of organic unity.
An ethnic or racial concept
C. NATION STATE
Where different races living together as a political group acquire a
community of cultural and economic interests and develop common
sympathies and aspirations.
D. GOVERNMENT
An instrumentality of the State through which the will of the State is
implemented and realized.

II. ELEMENTS OF STATE
A. PEOPLE
Requisites for Statehood:
Adequate number of people for self sufficiency and defense
People should be of both genders for perpetuity
Inhabitants Sec. 2, Art III; Sec. 1, Art XIII
Citizens Preamble; Secs. 1&4, Art II; Sec. 7, Art III
Voters/Electors Sec. 4, Art VII

B. TERRITORY
Covers:
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.
a. Sec. 1, Art I
University of San Carlos Constitutional Law 1 Study Guide by Atty. Galeon Room EH308 SDSG
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. Archipelagic Doctrine, 2
nd
sentence, Sec. 1, Art I
Components:
a. Terrestrial Domain
landmass
b. Fluvial/Maritime Domain
Internal and Territorial Water
c. Aerial Domain
Air space over and above the territory
Treaty Limitations:
Treaty of Paris, 12/10/1898
a. Spain to US Philippine Islands
Treaty of Washington, 11/7/1900
a. Spain to US Sibutu, Cagayan and Sulu
US & Great Britain Treaty, 1/2/1930
a. Great Britain to US Turtle and Mangsee Islands

Territories with Philippine Jurisdiction
Batanes (1935 Constitution)
Those belonging to the Philippines by historic right or legal
title
a. Spratly Islands
b. Sabah
Scarborough Shoal (PD 4596)

Determination of National Territorial Seas
RA 3046 (June 17, 1961)
a. All waters within the baselines provided for in
Section 1 hereof are considered inland or internal
waters of the Philippines.
RA 5446 (September 8, 1968) - Amended RA 3046,
a. Drew straight line baselines around the
Philippines.
PD No. 1596, June 11, 1978 (other territories)
a. Claim to Kalayaan Island Group on historical basis
and indispensible need.
PD No. 1599, June 11, 1978
a. 200 Mile Exclusive Economic Zone from baseline
U.N. Convention on the Law of the Sea
a. Distinguished between an archipelagic state and
an archipelago.
b. The former means a state composed of one or
more archipelagos & may include other islands;
the latter refers to a group of islands, including
parts of islands, interconnecting waters and other
natural features which are closely interrelated.
c. Following the definition of an archipelago,
Batanes Island falls within the area of the
Philippine archipelago.
d. Stipulated that:
Internal waters
Inside the baseline
Terrestrial waters
12 nautical miles from
baseline
Part of national territory
Contiguous Zone
24 nautical miles from
edge of Terrestrial waters
Hot pursuit area
Exclusive Economic Zone
200 nautical miles from
edge of Contiguous Zone
e. Does not resolve the question of Sabah since it
only pertains to sea rights and not to the
acquisition or disposal of territory

Straight baseline method
a. Used in Archipelagic States
b. Straight lines are drawn connecting selected
points on the coast without appreciable
departure from the general shape of the coast.
RA 3046 & RA 5446 drew straight baselines
around the Philippines





University of San Carlos Constitutional Law 1 Study Guide by Atty. Galeon Room EH308 SDSG
C. GOVERNMENT
The agency or instrumentality of the State through which the will of the
State is formulated, expressed and realized.
Government of the Philippines Sec. 2(1), Administrative Code of 1987
The corporate governmental entity through which the
functions of the government are exercised throughout the
Philippines, including, save as the contrary appears from the
context, the various arms through which political authority is
made effective in the Philippines, whether pertaining to the
autonomous regions, the provincial, city, municipal or
barangay subdivisions or other forms of local government.
Functions:
Constituent
a. Mandatory
constitutes the very bonds of society
samples:
maintenance of peace and
order
regulation of property and
property rights
administration of justice
Ministrant
a. Optional (supposedly)
Intended to promote welfare,
progress and prosperity of the people
Samples:
National banking (PNB)
Doctrine of Parens Patriae
Parent of the People
Government may act as a guardian of the rights of the
people when they may be disadvantaged or suffering from
some disability or misfortune

Classification of Government
According to Origin
a. De Jure
has rightful title
No power or control, either because
this has been withdrawn from it, or
because it has not yet actually entered
into the exercise thereof.

b. De Facto
Government of fact, that is, it actually
exercises power or control without
legal title
Kinds:
a government that gets
possession and control of, or
usurps by force or by the
voice of the majority, the
rightful legal government and
maintains itself against the
will of the latter
a government established as
an independent government
by the inhabitants of a
country who rise in
insurrection against the
parent state
a government established and
maintained by military forces
who invade and occupy a
territory of the enemy in the
course of war, and which is
denominated as a
government of paramount
force
According to Structure
a. Presidential
Separation of executive and legislative
powers
b. Parliamentary
Executive and legislative powers are
fused in Parliament although actual
exercise is vested in a Prime Minister
who is chosen by and held
accountable to, Parliament
According to Organization
a. Unitary
Single, centralized government
exercising control over internal and
external affairs of the State
b. Federal
Autonomous state government unit
merged into a single State.
State units handle internal matters
while national government handle all
external affairs of the State
University of San Carlos Constitutional Law 1 Study Guide by Atty. Galeon Room EH308 SDSG
D. SOVEREIGNTY
The supreme and uncontrollable power inherent in a State by which the
State is governed
Kinds:
Legal & Political
a. Legal Sovereignty - Power to issue final
commands and laws
b. Political Sovereignty - is the sum total of all its
influences which lie behind legal sovereignty
Internal & External
a. Internal Sovereignty - Supreme power over
anything within its territory (domestic affairs)
b. External Sovereignty independence or freedom
from external control (external affairs)
Characteristics
Permanence
Exclusiveness
Comprehensiveness
Absoluteness
a. Subject to the provisions of treaties and law of
nations and public international law
Indivisibility
Inalienability
Imprescriptibility
Effects of Change in Sovereignty (successful revolution)
Political laws are completely abrogated/annulled
a. Unless they are retained or re-enacted by
positive act of the new sovereign or ruling party
Municipal laws and other non-political laws remain in force
Effects of Belligerent Occupation
No change in Sovereignty
a. Political laws are suspended
Except for laws on treason (disloyalty
during war Articles of War and Military
Tribunals)
Members of the military and AFP
are not included
b. Municipal laws and other laws that are not
political in nature (laws governing
property/obligations/etc) remain in force
Unless abrogated by belligerent
occupant
At end of belligerent occupation
a. Political laws are automatically reinstated
Doctrine of Jus Postliminium

b. Judicial decisions made during belligerent
occupation shall remain valid
Except for those political in nature
These will be
abrogated/annulled
Dominium
Capacity of the State to own or acquire property, including
lands held by the State in its propriety capacity
Covers such rights as title to land, exploitation and use of it,
and disposition or sale of the same.
Regalian doctrine
a. All lands of the public domain belong to the
State, and anyone claiming title has the burden
to show ownership, comes within this concept.
b. In this capacity, the State descends to the status
of ordinary persons and thus becomes liable as
such.
Imperium
Authority possessed by the State embraced in the concept
of sovereignty
States authority to govern.
Covers such activities as passing laws governing a territory,
maintaining peace and order over it, and defending it
against foreign invasion.
When the State acts in this capacity, it generally enjoys
sovereign immunity.
Jurisdiction
Jurisdiction is the manifestation of sovereignty. The
jurisdiction of the state is understood as both its authority
and the sphere of the exercise of that authority
Kinds:
a. Territorial jurisdiction
authority of the State to have all persons
and things within its territorial limits to be
completely subject to its control and
protection

University of San Carlos Constitutional Law 1 Study Guide by Atty. Galeon Room EH308 SDSG
Exempt:
Foreign States
Foreign Heads of State/Diplomatic
Representatives/Consuls to a certain degree no
criminal or civil liability
a. Exceptions:
i. Diplomatic agent holds
immovable property in the
receiving state in his private
capacity (refuses to pay purchase
price of condo)
ii. Instances involving succession
(diplomatic agent is named as
administrator or heir)
iii. Diplomatic agent is engaged in
professional or commercial
activity outside of his official
function (diplomatic agent has a
license for medical practice)
b. NOTE: Diplomatic agents except
consuls STILL CANNOT be held liable
for any act in violation of any of our
laws
i. Diplomatic agents will be
deported and declared persona
non grata
c. EXCEPT: Consuls will be
liable
Foreign State property including embassies,
consulates and public vessels engaged in non-
commercial activities
Acts of State
Foreign merchant vessels exercising rights of
innocent passage or involuntary entry (arrival
under stress)
Foreign armies passing through or stationed in its
territory with its permission
Such other persons or property, including
organizations like UN
b. Personal jurisdiction
Authority of the State over its nationals, their persons, property,
and acts, whether within or outside its territory. (e.g. Art 15, CC)
c. Extraterritorial jurisdiction
Power exercised by the State beyond its territory in the
following cases:
Nationality Principle (Art. 15, CC)
Territoriality Principle (Art. 2, RPC)
Extra-Territoriality Principle (Art. 2, RPC)
Exercise of limited jurisdiction over contiguous
zones and patrimonial sea to prevent
infringement of customs, fiscal, immigration or
sanitary regulations
Exercise of jurisdiction in high seas over piracy
under the Doctrine of Hot Pursuit
Enjoyment of easements or servitudes
a. Easement of innocent passage
b. arrival under stress
waiver of jurisdiction within its territory
a. foreign army is stationed within the
territory
By virtue of its relations with other states, the
establishment of colonial protectorate,
condominium or administer a trust territory or
occupies enemy territory during war