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National Territory
Defining and creating space that we want to be under control or within our jurisdiction
or sovereignty
What is ours?
o What the law states, that is what is ours.
Philippine archipelago
o Based on the treaty of paris
It has significant implication in how we execute our policy not only in
respect of our neighbors but those included in international conference
(groups)
Islands and waters embraced therein
o Lack of clarity
Waters around betweenform part of the internal waters of the Philippines
o Within the absolute control and complete national sovereignty
Not parallel with UNCLOS III
Magallona case: tried to skirt the said challenges
Meantime, it is successful!
Legislative agenda: implement the law of the sea
RA. 9552 : This just defined the baseline
Question the maritime zones
JULY 3, 2013
Senate President (3)
Speaker (4)
Specifically named in the constitution
But the house can have their own members if deemed necessary by each house
JULY 10, 2013
July 1 first day of filing of bills
Assumption of office
1st reading
5 seconds affair reading of the title
2nd reading
introduce the bill to the houses as sponsorship page
public statements and debates
COMMITTEE AMENDMENTS
o Amendments made by the committee
INDIVIDUAL AMENDMENTS
o Each member will say their amendments
THEN VOTES
then printing and distribution
3rd reading
up or down vote
no amendments
3 consecutive days once it is certified by the president because of public calamity or
national emergency
o TOLENTINO
If in extreme cases,
Different from the situation where the writ of habeas corpus is
suspended
This is a procedural rule unlike habeas which is substantial
Is this really procedural?
what is the foundation? Se. 26
LEGISLATIVE PROCESS
riders in terms of the germane
o embrace only one subject
o PHILJA
Title is not an index
o TIO
Title must be comprehensive
You have to construe it liberally than strict
By the virtue of the general purpose of the bill
o TAN
Cannot be a compendium of what is provided in the law
o Farinas
Law is valid because title is encompassing
Well discussed and went into the real scenario
Regardless of any objection as of the germaneness of the law,
the records show that it was well discussed.
o One cannot say that the congress was defrauded
It is now forwarded to the bicameral committee
o You can have an amendment by complete substitution as long as it is germane
to the purpose of the law
Doesnt have to do the three readings because it is absurd for it will require to
go to the whole process again which will lead to creating an entirely new law
VETO
o
IN AID OF LEGISLATION
o BENGZON CASE : read the dissent
o Benchmark should be standard charter bank vs. senate
Made emphasis to the speech of enrile
What happens in a situation where you have a clear neutral seemingly
charter (?)
Relate it with the legislative power
o Senate vs. Ermita
Executive privilege needs to be invoked and needs factual basis
o Neri
Diluted by the SC
Accepted at face value without factual basis
Information was privileged
Only 6 justices approved or agreed
2 types of representatives
o district
o party list
residency requirement does not apply
KNOW WHO ARE NATURAL BORN CITIZENS (Art. IV)
those who are repatriated is included
represent specific sectors and accommodate regional and national
not synonymous to Sectoral Representation
registered national, regional, sectoral
must represent the marginalized and unrepresented
Banat: major political parties cannot run under the partylist
system
Atong Paglaum: jurisprudence which solves the problem about
the party list system
Veterans: 20% is only a parameter and not a requirement (it is
just the maximum)
4 parameters (check the case)
o 20%
o 2% threshold
o 3-seat
o proportionate representation
o sectoral representation (inexistent today)
upperhouse: senate
lower house: house of representatives
Residency
o in able to vote (physical presence)
Domicile
o Must be established even if you are not physically there, as long as you have not
abandoned your domicile of origin
o domicile of choice: easy to lose
Physical presence and the element of intention and motivation to
leave/abandon and establish/reestablish
PARAMETERS TO LEGISLATIVE POWER
o It is non-delegable
Vested solely in the congress of the Philippines
Any subsidiary delegation must only be contingent and the
policy of the congress must be clearly established
limited by determinable or determinate
test of completeness
complete articulation of the national policy
test of sufficient standard (is parameter clearly established?)
o CONTINGENT LEGISLATION
subordinate legislation
o Tablarin case: (revisit this case)
Be familiar with the cases!
o Quorum
majority plus 1 of a particular house
once you have a majority, you can conduct ordinary business
BEAR IN MIND THE NUISSANCES
Majority of each house
Avelino vs. Cuenco (visit again)
LEGISLATIVE PROCESS
o 4th of July 14
o three year life (congress)
o
o
o
o
System of taxation
Must be uniform (geographical uniformity) and equitable (must evolve
from a progressive taxation: exclusive growth)
GARCIA vs. EXECUTIVE
particular delegation of power to the president
tax exemptions are strictly construed
CENTRAL MINDANAO
question of actual use or prospective use
o Do not second guess the particular user of the
property
o must be exclusively used for charitable
purposes
Commission on Appointments
Chaired by the senate president
12 senators 12 congressmen
SECTION 1, ARTICLE 8
JUDICIAL POWER
Vested in One SC and lower courts as may be provided by law
o ONE: deliberate which means that there can be only ONE SC
o What is a judicial power?
There can be other inclusions and what inclusions there are, are not yet
clear.
they want to preserve some degree of flexibility in a world
which continues to change everyday
not only an authority or responsibility but A DUTY TO SETTLE
ACTUAL CONTROVERSIES INVOLVING LEGALLY
DEMANDABLE AND ENFORCEABLE RIGHTS
includes the duty to determine grave abuse of
discretion amounting to lack or excessive jurisdiction
CASES:
SANTIAGO : error vs. wrong
o WRONG is a violation ofa right
COMELEC
3.
What is republicanism?
a. A form of government wherein the sovereignty resides from the people which is
exercised by the representatives elected by the people
Who we are?
a. To build a just and humane society, to establish a government that shall embody our
ideals and aspirations
b. Democratic and republican state
c. Sovereignty resides in the people and all government authority emanates from them
d. Renounces war as an instrument of national policy; nuclear weapons free zone
i. Where do we stand?
e. Adopts generally accepted principles of international law
i. You cannot possibly completely understand this without trying to
understand public constitutional law
f. Civilian authority is at all times supreme over the military protector of people and
the state
i. What does this mean in the context in Zamboanga?
ii. Does the president have complete control of what is actually happening
there?
g. Separation of church and state shall be inviolable
i. RH law
h. The state shall pursue an independent foreign policy
i. Needed in order to attain independent foreign policy but how?
ii. Is this always paramount?
iii. Three pillars: 1)
i. The goals of the national economy are more equitable distribution of opportunities,
income and wealth; sustainable growth; and expanding productivity
j. The state shall pursue a trade policy that serves general welfare
i. Is our trade policy consistent with the constitution?
k. The state shall promote and just and dynamic social order free the people from
poverty
l. Public office is public trust
m. The state values the dignity of every human person and guarantees full respect for
human rights
n. Women rights
o. Various degrees of right, exhortations and recognitions
i. Social justice
ii. Sanctity of family life
iii. Vital role of the youth
iv. Balanced and healthful ecology
v. Health of people
vi. Education, science and technology, arts, culture
vii. Labor as a primary social economic force
viii. Role of private sector
ix. Vital role of communications and information in national economy
x. Local autonomy
National territory
- If Maldives disappears because of climate change, do they continue to exist as a state
when found to different places?
o Statehood: 1) national territory
a. Philippine archipelago
i. All the islands and waters embraces therein
ii. What is the Philippine archipelago?
1.
iii.
Treaty of paris, UNCLOS, and the PH reservation
and all other territories over which the Philippines has sovereignty or jurisdiction
i. Sabah, islands that we are claiming in the West Philippine sea
ii. This is a vague provision
d. Maritime zones under UNCLOS; vis PH Baselines Law
i. Define what the baseline is of the Philippines depending/pursuant to
UNCLOS
ii. Territorial sea
iii. Contiguous zone
iv. EEZ 200 nautical miles
v. Continental shelf those underneath
e. Archipelagic waters as treated in the Constitution and under UNCLOS
i. This is very controversial
ii. Notwithstanding the overlaps, they are different
iii. AW are internal waters over which we have sovereignty; AW will provide
the right of innocent passage even to non-filipino
f. Magallona case
i. Constitutionality of the PH baselines law
g. Read later on with the National Economy
Great powers of the republic
a. Legislative, executive, and judicial power
b. Republican government as founded on the sovereignty of the people and principle of
separation of powers
c. State cannot be sued without its consent
i. Rooted in the ancient belief that the king can do no wrong is no longer
tenable in the age of human rights and transparency
d. Constitutions of trust and distrust
i. Bill of rights constitution of distrust
e.
Legislative power
a. Make, alter, repeal
b. Vested in the congress senate and house of reps
c. Is it plenary? Yes ; absolute? No
d. Non-delegable
e. Set policy, determinate or determinable standards
i. Complete laws should be about filling up details
f. Filling up details or contingent legislation
g. Two tests: 1) completeness and sufficient standard
h. Non delegation jurisprudence
i. What can be delegated is the discretion to determine how the law may be
enforced, not what the law shall be. This is the vital twst. (Eastern Shipping
vs. POEA)
ii. Justice Laurel: growing complexity of modern life (Tablarin v Gutierrez)
iii. Law cannot be expanded by regulations. (Cebu Oxygen v Drilon
iv. in discretion of the court penalty is void. (Peo v Dacuycuy)
v. Contingent legislation - effectivity is made to
i. Composed of the Senate (24 at large) and (250 before/285 no, including district and
party list)
j. Qualifications are prescribed by the constitutions; thus drug testing cannot be
imposed except for nuisance candidates
b.
c.
4.
5.
k.
6.
7.
Qualifications
i. tecson vs comelec
Rules of presidential transition
Appointments ban
i. This pertains wholly to the appointments by the president (read the dissent
in dela Rama)
Double employment
i. CF with Civil Service rules