ALEEZAH GERTRUDE REGADO

CONSTI NOTES

ART 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 .

NOTES
Purpose of Definition of National territory
1. 1953 Consti
 Fear that US govt might
dismember PH territory hence
this dismemberment could be
forestalled by definition
2. Under 1973
 For preservation of national
wealth, security and
manifestation of our solidarity
as people
3. Under 1987
 For educational value +
Apprehension
SCOPE OF NATIONAL TERRITORY
1.) Philippine Archipelago
2.) All other territories over which
Philippines has sovereignty or
jurisdiction
3.) Territorial Sea, Sea bed,
Subsoil, Insular Shelves and
other Submarine Areas
Archipelagic Principle
 Assertion that “waters around,
between and connecting the islands of
archipelago, irrespective of their bredth
and dimension form part of the internal
waters of the Philippines
+ Straight baseline method of
delineating the territorial Sea
2 ways of Drawing Baseline
1. NORMAL
 Drawn following low water line along
coast as marked on large-scale charts
officialy recognized by coastal state
2. STRAIGHT
 Drawn connecting selected points on
coasts. These divide internal waters
from territorial waters.
EXCLUSIVE ECONOMIC ZONE
--- 200 nautical miles. A coastal nation has control
of all economic resources within this zone,
including fishing, mining, oil exploration etc.

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CONSTI NOTES
PHILIPPINE ARCHIPELAGO
 Archipelago
 Body of water studded
with islands
 Phil archipelago was
delineated n Treaty of
Paris, modified by Treaty
of Washington and Treaty
with Great Brtain
 1973 Const deleted
mention of treaties to
erase every trace of our
colonial history
 All other territories over which Phil
has sovereignty or jurisdiction
 Present or future
 Territorial Sea, Sea bed, the
subsoil and insular shelves and
other submarine areas
st nd
corresponding to 1 and 2
mentioned above.
- Lays claim to extent
recognized by
International Law
I. TREATY OF PARIS
 Dec 1898
Territorial Sea
– marginal belt of maritime water adjacent to the
base lines extending 12 nautical miles outward,
- subject to right of innocent
passage by other states
 RIGHT F INNOCENT PASSAGE
1. INTERNATIONAL STRAITS
2. TERRITORIAL SEA (NO AIR
PASAGE OF AIRCRAFT
GEENERALLY ALLOWED
3. ARCHIPELAGIC WATERS (AIR
PASSAGE ALLOWED)
INTERNAL WATERS
 absolute sovereignty.
 Waters around, between and connecting.
TERRESTRIAL
 All surfaces of land above sea
FLUVIAL
 Inland water
AERIAL
 Air directly above territorial Sea
4 MARITIME ZONES
MARITIME WHAT IS THAT?! DISTANCE

 Spain ceded US “archipelago ZONE

TERRITORIAL Marginal belt of 12 NM
known as Phil islands and
SEA maritime water
coprehendng islands lying within.
adjacent to baselines
 Technical descrption left some
** SUBJ TO RIGHT
doubt about inclusion within
OF I.P
ceded territory of Batanes islands
CONTIGUOS Coastal State may 24 NM
to the north and of islands of ZONE exercise limited
Sibutu and Cagayan de sulu as control necessary to
well as Turtle and Mangsee prevent infringement
Islands. of its cusoms , fiscal,

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 ALEEZAH GERTRUDE REGADO
CONSTI NOTES
immigration and
II. TREATY OF WASHINGTON sanitary laws and

 Nov 1900, corrected error w/ regulations within ts

territory or territorial
respect to Islands of Sibutu and
sea
Cagayan de Sulu and jurisdiction
EXCLUSIVE Coastal nation has 200 NM
over Turtle and Mangsee Islands.
ECONOMIC control of all
III. TREATY OF GREAT BRITAIN
ZONE economic resources
 Jan 1930 within this zone
 Doubts about Batanes, left including fishing,
unclarified. mining, oil
exploration etc
CONTINENTAL Seabed & Subsoil of 200NM
SHELF the marine areas
adjacent to the
coastal state but
outside of territorial
sea

CASES: (VALIDITY OF RA 9255)

 MAGALONA V. EXEC SECRETARY ERMITA
Recit Ready:
Petitioners are assailing constitutionality of RA 9522 which mandates the
adjustment of PH’s archipelagic baselines and classifying the baseline
regime of nearby territories.
HISTORY (PRIOR TO ENACTMENT OF RA 9522)
1961 RA 3046
- Demarcating maritime baselines of Philippines as an Archipelagic state
- Followed framing of (UNCLOS 1 in 1958) [United Nations Convention
on the Law of the Sea]
- UNCLOS codified sovereign right of states parties over the “territorial
sea”
1968 RA 5446
- Legislature passed correcting typographical errors and reserving the
drawing of baselines around Sabah in North Borneo
2009 RA 9522
- Act of congress amending RA 3046
- Propted by need to make RA 3046 compliant with terms of UNCLOS III
- UNCLOS III, prescribes water-land ratio, length and contour of
baselines of archipelagic state and sets deadline for filing application
for extended continental shelf

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CONSTI NOTES
- Shortened one baseline, optimized location of some basepoints around
PH and classified adjacent territories (Kalayaan Island Group) and
Scarborough Shoal as “regime of islands” whose islands generate their
own maritime zones.

*Petitioners, professors of law, law students, legislatr assail the constitutionality of RA

9522.

ISSUES: + HELD :
1. Whether RA 9522 reduces Philippine maritime tterritory and logically, the
reach of Philippine State’s sovereign power in violation of Art 1 of 1987
Consti which embodies terms of Treaty of Paris and ancillary treaties
 NO . UNCLOS III, has nothing to do w/ acquisition or loss of territory. It is
a multilateral treaty regulating sea-use rights over martime zones.
 Baseline law such as RA 9522 are enacted by UNCLOS III, only serve to
mark out specific basepoints from which baselines are drawn either
straight/contoured and to serve as geographic starting points to measure
the breadth of maritime zones and continental shelf.
 This baseline delimitation done by states serves sto give notice to
international community of the scope that states can exercise treaty based
rights (sovereignty over territorial wasters, jurisdiction to enforce custom,
fiscal, immigration and other laws) and the right to exploit resources from
exclusive areas.
 Boundaries of rectangular delineated in the treaty of Paris cannot be used
as a basis SINCE UNCLOS IS ALREADY INTERNATIONALY AGREED
“ruler” or set of standards in measuring baselines.
 States acquire or lose territory through occupation, cession, accretion and
prescription. NOT THROUGH MULTILATERAL TREATIES.
 UNCLOS III did not surrender any territory since it only pertains to sea use
rights.
2. Whether RA 9522 opens country’s waters landard of baselines to maritime
passage by all vessels and aircrafts undermining Phil sovereignty and
national security contravening the country’s nuclear free policy and
damaging marine resources in violation of relevant consti provisions.

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CONSTI NOTES
 NO. Philippines cannot defy customary international law of right to safe
passage as identified by Sec 2 of Art 2 “Phil adopts the generally accepted
principles of int’l law as part of the law of the land.
 UNCLOS III provides a safeguard since it allows states to exercise
sovereignty over the body of water lying landward of baselines, airspace
over t and submarine areas underneath.
 BUT IN ORDER TO BE CONSISTENT WITH INTERNATIONAL LAW
PRINCIPLES OF FREEDOM OF NAVIGATION, government may pass
legislation designating routhes within archipelagic waters for innocent and
sea lanes passage.
3. Whether there is loss of large maritime area (loss of 15,000 nautical miles)
prejudicing the livelihood and subsistence fishermen by treating KIG as
regime of islands
 NO. RA 9522 followed basepoints of RA 3046, except for at least 9
basepoints that it skipped to optimize the location of basepoints and adjst
the length to comply with limitations of UNCLOS III
 This resulted in an increase of Philippine’s total maritime space by
145,216 nautical miles.
RA 3046 RA 9522
Internal or Archipelagic 166,858 171,435
Waters
Territorial Sea 274,136 32,106

Exclusive Economic Zone 382,669

TOTAL 440,994 586,210

4. Whether Failure of RA 9522 to reference either Treaty of Paris or Sabah and

use of UNCLOS framework of regime of islands to determine maritime
zones of KIG and Scarborough Shoal. Thus the statute dismembers a large
portion of national territory under 1935, 1973, 1987 constitutions. The
technical description under treaty of Paris is that Philippine Sovereignty
over territorial waters extends hundreds of nautical miles around the
archipelago embracing the rectangular area delineated in treaty.
 NO. Although Scarborough and KIG are outside baselines drawn around
archipelago under RA 9522, determination of KIG as “regime of islands”
under Philippines means that international community SHOULD

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CONSTI NOTES
RESPECT PHILIPPINE’S CLAIM TO REGIME OF ISLANDS AS PART
OF ITS TERRITORY OF ISLANDS.
 According to Sen.Santiago, we are still allowed by international law to
claim them as our own. “Regime of Islands” classification is an exercise
of observance of PH’s pacta sunt servanda obligation under UNCLOS
III.
“ any naturally formed area of land surrounded by water above high
tide”.
 Portions of KIG falls under the category of regime of islands that generate
their own applicable maritime zones.
 We cannot enclose KIG and Scarborough in baseline with the Philippine
archipelago for it would be breach of UNCLOSIII.
 UNCLOS III: Length of baseline shall not exceed 100 nautical miles save
3% of the total number of baselines which can reach up to 125 nautical
miles. (Art 47-2)
 As for Sabah, Sec 2 Explicitly states that the definition of baselines of
territorial sea of the Philippine archipelago asprovided in this act is
without prejudice to the delineation of baselines of the territorial sea
around the territory of Sabah, situated in North Borneo over which PH
has acquired dominion and sovereignty
NOTES:
*Innocent Passage – passage not prejudicial to interest of coastal state or contrary to
principles of international law.
**Baseline laws – statutory mechanisms for UNCLOS III to delimit with precision the
extent of maritime zones and continental shelves
*** UNCLOS law of the seas not law of the territory
**** Territorial Sea – marginal belt of maritime water adjacent to the base lines
extending 12 nautical miles outward, subject to right of innocent passage by other
states
***** Internal Waters/Territoral waters – all parts of the sea landwards from baseline
and inland rivers and lakes (under 1973 consti, no right to innocent passage.
{established right of innocent passage BUT new rule applies to areas NOT previously
considered as internal waters.

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CONSTI NOTES
 PCA CASE In matter of South China Sea Arbitration
RECIT READY:
 Arbitration between Philippines and China concerns disputes regarding legal
basis of maritime rights and entitlements in the South China Sea the status of
certain geographic features in South China Sea an the lawfulness of certain
action taken by China in said sea.
 South China Sea lies south of china and west of Philippines. Also near to
other countries such as Singapore, Vietnam, Malaysia, Indonesia and Brunei.
(3.5 million sq.k)
 Southern portion of SC Sea is also location of Spratly Islands, a constellation
of small islands and coral reefs existing above or below water
 Basis for arbitration is the 1982 UNCLOS where both Phil and China are
parties in order to settle all issues relating to laws of the sea.
CHINA CLAIMS PHILIPPINE CLAIMS
1.) subject matter of - Respective right is govered by
arbitration is the UNCLOS
territorial sovereignty - Scarborough Shoal and eight of such
beyond scope of features of Spratlys are low-tide
convention. elevations or submerged bas that
2.) China & Phil Agreed to merely generate Territorial Sea and
resolve disputes via not exclusive economic zone or
bilateral agreement Continental Shelf
3.) Maritime delimitation - China violated UNCLOS by
interefering with Ph’s sovereign rights
and freedoms, through construction
and fishing activities.
PCA RESPONSE TO CHINA’S CLAIMS
1.) No. PCA has jurisdiction. Matters submitted did not concern
sovereignty. Dispute is WON State has entitlement over maritime zones
2.) PCA did not violate PH & China bilateral agreement. Agreement did
not bind Phil into only one mode of asserting its rights under UNCLOS
3.) Maritime zone delimitation pertains to overlap of economic zones of
states.

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CONSTI NOTES
EEC & MARITIME ZONE
-- if china able to prove that island can prove its own EEZ

WHAT + DECISIONS
1. Nine Dash Line and China’s claim of historic rights in maritime areas of
SCS
- China’s claim of historic rights to resources was incompatible with the
detailed allocation of rights and maritime zones in the convention.
- China had historic rights to resources of SCS waters, extinguished when
Convention entered into force to the extent that they were incompatible
with Convention’s system of maritime zones.
- Prior to convention, waters of SCS beyond territorial sea were legally
considered part of high seas where vessels of any state can fish and
navigate,
- Historical navgaton as claimed were exercise of high sea freedoms
rather than a historic right. No evidence if china had historically
exercised exclusive control.
- NO BASIS FOR HISTORIC RIGHTS
2. Statues of features in SCS
 ART 13 & 121
: features above water at high tide: entitlement of at least 12 nautical
mile territorial sea
: features submerged during high tide generate no entitlement to
maritime zones
WHAT STATUS
Scarborough Shoal, Johnson Reef, High Tide Features
Cuateron Reef and Fiery Cross Reef
Subi Reef, Hughes Reef, Mischief Reef, Submerged at high tide in their natural
and Second Thomas Shoal condition
Gaven Reef and McKennan Reef High Tide features.

Whether any of the features claimed by China could generate an entitlement

to martime zones beyond 12 nautical miles

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CONSTI NOTES
 Art 121 of Convention
Islands generate entitlement to an exclusive economic zone of 200 nautical miles
and to a continental shelf
 (NO EXCLUSIVE ECONOMIC ZONE OR CONTINENTAL SHELF) But rocks
which
1.) Cannot sustain human habitation
2.) Or economic life
3.) Of their own
 All high tide features of Spratly Isands are legally rocks that do not generate an
exclusive economic zone.
Discussion:
1.) No. PCA has jurisdiction. Matters submitted did not concern sovereignty.
Dispute is WON State has entitlement over maritime zones
2.) PCA did not violate PH & China bilateral agreement. Agreement did not
bind Phil into only one mode of asserting its rights under UNCLOS
3.) Maritime zone delimitation pertains to overlap of economic zones of states.
 EEC & MARITIME ZONE
-- if china able to prove that island can prove its own EEZ

ART 2: DECLARATION OF PRINCIPLES AND STATE POLICIES

TITLE OF THE ARTICLE:

1935 Consti - Declaration of Principles

- Described as the basic political creed of the nation.
SO WHAT DOES IT DO?!
1. Lays policies govt is bound to observe
2. Duty of citizen of citizen to serve state
3. Incumbent upon people to demand fulfillment of these govt
duties in exercise of right of suffrage
 Intended not to be self-executing
 MERE directives to the executive and legislature
--- FAILURE?
 Remedy not judicial but political (election)
 Obliged Judiciary: Be guided in exercise of power of J.R

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CONSTI NOTES
1973 Consti - Changed title to declaration of Principles and State policies
- Did not effect an intent different from the Declaration of
Policies of the 1935 Consti
1987 Consti CONSTI NO. OF SECTIONS
1935 5
1973 10
1987 28

-
Written in the same spirit as 1935 and 1973 Consti
-
BUT there was an attempt to distinguish principles from
policies
 Principles
:RULES that must be observed: CONDUCT OF
STATE
 Policies
: Guidelines for orientation of the state
 However, distinction is of little significance because not all six principles are self-
executory and some policies already anchor justiciable rights.
 Most provisions are not self-executory except :
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 personal, military or civil service.
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.

CASES:
PRELIMINARY ISSUE: LEGAL VALUE OF ART 2
 KILOSBAYAN V. MORATO
Facts:
 As a result of decision in Kilosbayan Incorporated v. Guingona invalidating
Contract of Lease betwee PCSO and PGMC on ground that it had been
made in violation of charter of PCSO, parties entered into negotiations for
a new agreement that will be consistent with latter’s PCSO Charter.
 In Jan. 25, 1995, PCSO and PGMC signed an Equipment Lease
Agreement (ELA) wherein PGMC leased online lottery equipment and
accessories to PCSO. (Rental of 4.3% of the gross amount of ticket or at
least P35,000 per terminal annually).
 30% of the net receipts is allotted to charity.
 Term of lease is for 8 years. PCSO is to employ its own personnel and

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CONSTI NOTES
responsible for the facilities.
 Upon the expiration of lease, PCSO may purchase the equipment for P25
million.
 Feb. 21, 1995. A petition was filed to declare ELA invalid because it is the
same as the Contract of Lease Petitioner's Contention: ELA was
substantially the same to the old lease contract.
 It is still violative of PCSO's charter. It is violative of the law regarding
public bidding.
 It violates Sec. 2(2) of Art. 9-D of the 1987 Constitution: Standing can no
longer be questioned because it has become the law of the case
 Respondent's reply: ELA is different from the Contract of Lease. There is
no bidding required because it fell in the exceptions provided in EO 301.
The power to determine if ELA is advantageous is vested in the Board of
Directors of PCSO. And tht PCSO does not have funds to purchase its
own on-line lottery equipment and has to enter lease contract
 Respondents question right of petitioners to bring suit on the ground that
they are not parties to contract of lease which they seek to nullify, they
have no personal and substantial interest likely to be enjoyed.
 Petitioners invoke the following Principles and State policies found in Art 2
of constitution
 Section 5. The maintenance of peace and order, the protection of life,
liberty, and property, and promotion of the general welfare are essential for
the enjoyment by all the people of the blessings of democracy.
 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.
 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.
 Section 17. The State shall give priority to education, science and

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CONSTI NOTES
technology, arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation and
development.

ISSUE:
WHETHER RESPONDENTS ARE REAL PARTIES IN INTEREST
 These are not however self-executing provisions, disregard of which can
give rise to cause of action in the court. They do not embody judicially
enforceable constitutional rights but guidelines for legislation.
 In actions for annulment of contracts, real parties are those who are
parties to the agreement and are bound ether principally or subsidiarity or
are prejudiced in their rights with respect to one of the contracting parties
and can show the detriment which would positively result to them from the
contract even though they did not intervene in it or wo claim a right to take
part in public bidding but have been legally excluded from it
PREVIOUS CONTRACT PRESENT CONTRACT
- PCSO and PGMC for operation of an on-line  PCSO now bears all loses
lottery system was actually a joint venture because the operation of the system is
agreement or at the very least a contract completely in its hands
involving collaboration or association with  Feature of new contract
another party and for that reason was void negates any doubt that it is anything
1.) PCSO had neither funds nor expertise to but a lease agreement
operate the online lottery system so it would
be dependent with PGMC for operations
2.) PGMC would exclusively bear all costs and
expenses for printing tickets, payment of
salaries. “Unusual in lessor-lessee
relationship” but inherent with joint venture .
PGMC binds itself to bear all risks if revenue
for ticket sales on an annual basis are
insufficient to pay entire prize money
 It was in a effect a lease by PCSO of its
franchise to PGMC
 What PCSO is prohibited from doing is to invest in a business engaged in same
nature and it is prohibited from doing so whether in collaboration, association or
joint venture with others or by itself. PCSO should not invest in business of a
competitor.
 (MOTION for RECONSIDERATION)
 It was previously held that because there are no genuine issues of

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CONSTI NOTES
constitutionality in this case, the rule concerning real party in
interest, applicable to private litigation rather than the more liberal
rule on standing applies to petitoners
 Two objections are made against the ruling
1. Constitutional policies and principles invoked by petitioners, while not
supplying the basis for affirmative relief from the courts, may
nonetheless be resorted to for striking down laws or official actions
which are inconsistent with them.
2. Constitution, by guaranteeing to independent people’s organizations
the effective and reasonable participation in all levels of social, political
and economic decision making (Art XIII, Sec 6) grants them standing
to sue on constitutional ground.
 Section 5. The maintenance of peace and order, the protection of life, liberty, and
property, and promotion of the general welfare are essential for the enjoyment by
all the people of the blessings of democracy.
 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.
 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.

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
 As already stated however, this provisions are not self-executing. They do not
confer rights which can be enforced in courts but only provide guidelines for
legislative or executive action.
 It is noteworthy that petitioners do not question the validity of law allowing
lotteries. It is the contract entered into by the PCSO and PGMC which they are
assailing.
 This case therefore does not raise issues of constitutionality but only of contract
of law which petitioners , not being privies to the agreement cannot raise.

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 TONDO MEDICAL V. CA
RECIT READY:
Petitioner Estrada issued E.O 102, entitled “Redirecting the Functions and
Operations of the DOH” which provided for the changes in roles, functions
and organizational process of DOH
Under assailed executive order, DOH refocused its mandate from being a
sole provider of health services to being a provider of specific health
services and technical assistance and LGUs are responsible for providing
medical assistance to their territories as part of the devolution of govt.
In line with said E.O, DOH launched the HSRA “Health Sector Reform
Agenda” by HSRA technical working group which provided for 5 general
areas of reform
1. To provide fiscal autonomy to government hospitals
2. Secure funding for priority public health programs
3. Promote the development of local health systems and secure its
effective performance
4. Strengthen capacities of health regulatory agencies
5. Expand coverage of NHIP (National Health Insurance Program)
 Herein petitioners questioned the following violation of Sections of Article
2 of 1987 Consti
Section 5. The maintenance of peace and order, the protection of life,
liberty, and property, and promotion of the general welfare are essential for
the enjoyment by all the people of the blessings of democracy
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.
Section 10. The State shall promote social justice in all phases of national
development.
Section 11. The State values the dignity of every human person and
guarantees full respect for human rights.
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

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CONSTI NOTES
and nationalism, and encourage their involvement in public and civic
affairs.
Section 15. The State shall protect and promote the right to health of the
people and instill health consciousness among them.
Section 18. The State affirms labor as a primary social economic force. It
shall protect the rights of workers and promote their welfare.
 When cases reached CA, it ruled that HSRA cannot be
declared void because of he aforementioned provisions of the
constitution are not self-executing; they are not judicially
enforceable constitutional rights and they provide only
guidelines for legislation
ISSUE + HELD:
Whether CA erred in ruling that any question on wisdom and efficacy of HSRA is
not a justiciable controversy and that the constitutional provisions protecting
health of Filipino people are not judicially enforceable
 No.
 As a general rule:
The constitution is considered self-executing since if it still requires future
legislation for their enforcement, the mandate of fundamental law can be easily
nullified by inaction of Congress.
HOWEVER
 Some provisions were declared by court as non-self-executing. As stated in
Tanada v. Agrava, the sections under Art II are not self-executing because Art 2
of consti is a declaration of principles ready for enforcement through the courts.
They are used by judiciary as aids or as guides in the exercise of its power of
judicial review and by the legislature in its enactment of laws.
 (mere directives addressed to the executive and legislative departments)

 Bases Conversion and Development Authority V. COA

RECIT READY:
 March 1992, Congress approved RA No. 7227 creating Bases Conversion
and Development Authority.
 Under Section 10, functions of the board include the determination of the

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organizational structure and the adoption of a compensation and benefit
scheme at least equivalent to that of BSP.
 In line with its power to compensate in 1996, BCDA released Year end
Benefit (YEB) worth P10,000 and granted it to each contractual employee
and Board member.
 In 1999, BSP gave P30,000 YEB to its officials and employees
 In 2000, BSP increased YEB from P30,000 to P35,000.
 So pursuant to Sec 10 of RA 7227, which states that compensation and
benefit scheme of BCDA shall be at least equivalent to that of BSP, board
increased YEB .
 On February 2003, State Auditor IV, Corazon Espano of COA, issued
Audit Observattion Memorandum stating that the grant of Year End
Benefit to Board members was contrary to the DBM circular.
 They served a notice of disallowance to YEB thereafter.
 BCDA president and Chief Executive Officer Rufo Colayco requested the
reconsideration of decision appealing to COA.
ISSUE + HELD:
Whether board can grant YEB to its members and full time consultant on ground
that it is consistent with Sec 5 and 8 of Article 2.
Section 5. The maintenance of peace and order, the protection of life, liberty, and
property, and promotion of the general welfare are essential for the enjoyment by all the
people of the blessings of democracy
Section 18. The State affirms labor as a primary social economic force. It shall protect the
rights of workers and promote their welfare.
 NO. Art 2 is a statement of general ideological principles and policies. It is not a
source of enforceable rights. Sec 5 and 18 of Article 2 are not self-executing
provisions.
 Board members and full time consultants cannot be granted YEB because of
said functions of the Board under Sec 10 of RA 7227. Since under Sec 9 of said
RA, it specifies that Board members shall receive a per diem for every board
meeting. It is limited only to not more than P5,000. This is limited to the total
amount of per diem for one month to not more than 4 meetings. Thus board is
limited by the law in terms of compensation
 Additionally, Under DBM Circular, it states that members of Board of Directors of

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 ALEEZAH GERTRUDE REGADO
CONSTI NOTES
agencies are not salaried officials of govt,. As non-salaried officials they are not
entitled to… YEB and retirement benefits unless expressly provided by law “to
which RA 7227 does not state
 As to full-time consultants, BCDA shall pay consultants a contract price because
they are not basic salary due because there is no employer-employee
relationship between them and BCDA
** PERA, ADCOM, YEB, Retirement Benefits

PRINCIPLES:

Section 1.

The Philippines is a democratic and republican State. Sovereignty

resides in the people and all government authority emanates from
them.
NOTES:

 DEFINITION OF STATE
International scene
 Repositories of legitimated authority over people ad territories
It is only in terms of state powers, prerogatives, jurisdictinnal limits and law
making capabilities that territorial limits and jurisdiction, responsibility for
official actions and a host of other questions of co-existence between nations
can be determined.
MONTEVIDEO CONVENTION OF 1933
 A person of international law that possess the following qualif : PERMANENT
POPULATION, DEFINED TERRITORY, GOVERNMENT AND CAPACITY TO
ENTER INTO RELATIONSHIPS WITH OTHER STATES

“State is the community of persons, more or less numerous, permanently occupying a

definite portion of territory, independent of external control and possessing an organized
government to which the great body of inhabitants render habitual obedience. ‘

STATE vs.NATION
 Legal Concept  Ethnic concept
BUT definition is of little consequence for purposes
of constitutional law
SO… for purposes of constitution therefore the
word state is interchangabe with nation

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 ALEEZAH GERTRUDE REGADO
CONSTI NOTES
ELEMENTS OF A STATE
1.) People  Community of persons sufficient in number and capable of
maintaining continued existence of community & held
together by common bond of law
 Segment of political society wherein legal sovereignty lies

2.) Territory  Consisting of land & waters & air space above them &
submarine areas below them

3.) Government  Institution aggregate of institution by which independent
society makes & carries out rules of action to enable men to
live in social state which are impose upon people forming
society by those who possess power/ authority of
prescribing them
 Institution by which state exercises power
4.) Sovereignty  Legal Sovereignty
- Supreme power to affect legal interests either by
legislative, executive, or judicial action (lodged in
the people, exercised by state agencies)
 Political Sovereignty
- Sum total of all the influence in a state, legal or
non-legal which determines the course of law
 Entity does not cease to be a state even if all its territory
has been occupied by a foreign power

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