ADDU PRE-BAR REVIEW

2019

POLITICAL LAW
(Constitutional Law I and II)
Lecturer: Gil A. de la Banda
 Subjects No. of Days No. of Hours

Constitutional 6 15
Law I
Constitutional 5 12
Law II
Constitutional Law I
Topics:
1. National Territory
2. Citizenship
3. Legislative Department
4. Executive Department
5. Judicial Department
6. Constitutional Commissions/COA
7. Impeachment
8. National Patrimony
9. Academic Freedom
10. State Immunity
11. Amendment/Revision
12. Commission on Human Rights
13. Declaration of Principles
Format:

1. Basic principles and provisions

2. Cases
3. Bar questions
 CONSTITUTIONAL LAW I

PREAMBLE

1. Not a source of rights

2. Not a source of power
3. May be used to interpret vague provisions
of the Constitution
Parts of a Constitution:
1. the Constitution of Liberty, which states the
fundamental rights of the people; (Bill of
Rights)
2. the Constitution of Government, which
establishes the structure of government, its
branches and their operation; (all others)
3. the Constitution of Sovereignty, which
provides how the Constitution may be
changed. (Amendment/Revision)
Art. I. The National Territory
Sec. 1. -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 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 breath
and dimensions, form part of the
internal waters of the Philippines.
 Definition of national territory in the
Constitution is municipal law, not
international law

-non-inclusion of certain areas

historically may be used as evidence
against a claimant
1. The Philippine archipelago
2. All other territories over which the
Philippines has sovereignty or
jurisdiction
3. Terrestrial, fluvial, territorial sea, sea
bed, subsoil and insular shelves and
other submarine areas
4. Aerial domain [“air space”]
UNCLOS Terms
1. Archipelagic Waters/Internal waters – the
waters around, between and connecting the
island of the archipelago [foreign ships
cannot navigate w/o consent, except in hot
pursuit]
2. Territorial sea – the waters within 12 miles
from the base line [part of territory and
exercises full sovereignty but there’s right of
innocent passage]
3. Contiguous zone – the waters not
exceeding 24 miles from the base line.
State exercises control to prevent and
punish breach of customs, immigration and
sanitary laws
4. Exclusive economic zone – the waters
within 200 miles from the base line. State
can explore, manage and exploit living and
non-living resources. [freedom of
navigation, right of over-flight]
5. Continental shelf – the sea bed and sub-
soil, which extends throughout the natural
prolongation of its land territory to the extent
of 350 miles or to within 200 miles if the
natural prolongation does not go beyond -
State can explore and exploit living and non-
living resources.
6. High Seas….
The Philippine territory extends up to:
a) The territorial sea
b) The contiguous zone
c) The exclusive economic zone
d) The continental shelf
The Philippines exercise full sovereignty
and jurisdiction over its:
a) The territorial sea
b) The contiguous zone
c) The exclusive economic zone
d) The continental shelf
Over-flights of foreign aircrafts are not
permitted without the consent of the
state above its:
a) The territorial sea
b) The contiguous zone
c) The exclusive economic zone
d) The continental shelf
Which is a proper exercise of the right of
innocent passage?
a. Passing of a ship within the territorial sea of
another in transit to a foreign port
b. Fishing within the exclusive economic zone
of a coastal state
c. Laying submarine cable within the
continental shelf of another state
d. Taking photos of the coastal defenses of a
coastal state
Under the archipelagic doctrine, within
the EEZ, a state can:
a. Punish violation of its criminal statutes
b. Enforce its customs and immigration
laws
c. Exploit economic resources and
conduct scientific research
d. Prevent foreign ships from passing.
Bar Questions:
1989, No. 20: What do you understand
by the Archipelagic Doctrine? Is it
reflected in the Constitution?

1991, No. 15: Define (e) “continental

Shelf”. (i) innocent passage
2000, 19: a) What is the basis of the
Philippine’s claim to a part of the
Spratly islands? Discuss briefly.

(b) What is the concept of the exclusive

economic zone under the UN
Convention on the Law of the Sea?
2003/19: What is outer space?

2004/2: Distinguish between:

1. Territorial sea and internal waters
of the Philippines
2. Contiguous zone and exclusive
economic zone
2005/1© Enumerate the rights of a coastal
state in the Exclusive Economic Zone.
2015, No. 2: (2) Describe the following
maritime regimes under UNCLOS (4%)
(a) Territorial sea
(b) Contiguous zone
( c) Exclusive economic zone
( d) Continental shelf
2016, No. -XVII-
[a] Define the archipelagic doctrine of national
territory, state its rationale; and explain how it is
implemented through the straight baseline method.
(2.5%)
[b] Section 2 of RA 9522 declared the Kalayaan
Island Group (KIG) and Scarborough Shoal as
"Regimes of Islands." Professor Agaton contends that
since the law did not enclose said islands, then the
Philippines lost its sovereignty and jurisdiction over
them. Is his contention correct? Explain. (2.5%)