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ARTICLE 1: National Territory

Identify the scope of Philippine Territory.


Fluvial domain (water) , Terrestrial domain (land), Aerial domain (air)

Archipelago Pelagos meaning Sea.

Archipelago Doctrine UNCLOS (United Nation Conventions of the Law of the


Sea) granted us the doctrine. We are One single country despite of the bodies of
water between.

Advantage of Archipelago Doctrine:


- INCREASE OF INTERNAL WATERS
- ECONOMIC GROWTH
- MAINTENANCE OF PEACE AND ORDER

5th element of state International Recognition

+ or - = IP (Increase or decrease of territory is equal to International Personality.)

International water Outside Sovereignty

Smallest State Vatican City & Republic of Nauru


Largest State Russia (China by Population)

Territory No exact dimension. FIXED portion

MODES OF ACQUIRING TERRITORY

1. Discovery & Occupation Oldest Method. Stateless (Terra nullius


Nobodys land)
Not applicable today since all territories is already been discovered.

Ex. Magellan discover PH when it is still stateless. It is still incomplete title until
they occupy the land.

2. Conquest & Subjugation Force of arms or absence of consent. Conquest


and subjugation = complete title.

Not applicable. Violate Article II Section II (Renounce of war) Part of UNITED


NATION

3. Prescription Lapse of reasonable event in a period of time. Either by Good


faith or Bad faith.
4. Cession Compact between two or more state. 2 kinds: [VOLUNTARY
Consent/donation/exchange Example: Spain to USA] [INVOLUNTARY Try to
enter in compromise but failed that result to war.]
5. Accression Attaching on on something/Entention 2 kinds: [NATURAL
Acts of nature. ARTIFICIAL Acts of man/project of the government called
RECLAMATION]

ARTICLE II DECLARATION OF STATE POLICIES AND


PRINCIPLES

Section 1 6 = Principles Section 6


26 = Policies

Section 1: The Philippine is a Democratic and Republican state. SOVEREIGNTY


RESIDES IN THE PEOPLE and all government authority emanates from them.

Abraham Lincoln Democracy is the government of the people, by the people and
for the people.

Section 2:The Philippines renounce war as an instrument of national policy, adopts


the generally accepted principles of international law as part of the law of the land
and adheres to the policy of peace, equality, justice, freedom, cooperation, and
amity with all nations

OBSERVE MAINTENNCE OF PEACE AND ORDER. Renounce war as INSTRUMENT of


national policy.

Section 3: Civilian authority is, at all times, supreme over the military. The Armed
Forces of the Philippines is the protector of the people and the State. Its goal is to
secure the sovereignty of the state and the integrity of the national territory.

President is Civilian. He is supreme over military.

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 citizen may be required, under conditions provided by law to render
personal, military or civil service

In case of war, Citizens required to render service. YOU CANT SAY NO. You will be
exile and will result in taking your citizenship.

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.

Obligatory function of government,

FUNCTION of government MUST be exercise by government. ARTICLE 2


SECTION 3, 4, 5
Section 6: The Separation of Church and State shall be inviolable.
Render unto Caesar the things that are Caesar's, and unto God the things that are God's

Strong fence build/creates a good neighbor.

FRAILOCRACY Union of state & church

GOVERNMENT Agency through which the will of the state is formulated, expressed and carried
out.

DEMOCRATIC Government for the people


* INDIRECT Representation . * DIRECT Directly involve. Will result to anarchy abuse and chaos.

Abraham Lincoln:
1. Separation of the church and the State
2. Bill of rights
3. Sovereignty of the people
4. Public office is public trust

REPUBLICAN Power of law makers REPRESENTATIVE they represent the people. Principle of
Majority voting

PRESIDENTIAL President is separated from legislative. Separation of power. Terms of office is


fixed. In PH: 6 years. In US: 4 years if satisfied, another 2.

PARLIAMENTARY Executive came from legislative. Legislative is slightly powerful than Executive.
NO FIXED TERM as long as it has Vote of confidence. NO SEPARATION OF POWERS. Prime
minister Head of government. President Title.

Trivia : Japan congress is called Diet

MONARCHIAL & ARISTOCRATIC RICH PEOPLE. People before believe rich people has no
corruption thinking.

MONARCHIAL Title of Nobility. Bloodline. Absence of Equality.


Absolute Full power. People is called SUBJECT.
Constitutional Only title the position is in prime minister. People called citizens.

ARISTOCRATIC Elite, Rich, Educated. MONEY = INFLUENCE & POWER. No title of Nobility.

DICTATORIAL Opposite of democratic. New bon child. 1 Ruler called the dictator.
MILITARY Fetus. Head of government is military. People has no right. NOT APPLICABLE IN PH.
According to Article 2 section 3

If military succeed, it will become dictatorial. Head is 1 person. No election at all. Not Fixed term.

UNITARY Principle/system of Efficient organization of power It has 2 level [National And Local
Government] One central authority

FEDERALISM Principle/system of Voluntary self-rule and shared rule. Compact among state.
Federal government National government Local government SSEPARATE EXLUSIVE
SOVEREIGNTY. Constitution of 1 State is not being followed by another state.

Difference of Democracy & Republican:

Democracy It could be DIRECT democracy (It has 2 kinds)


Republican Only REPRESENTATIVE.

ELECTORIAL COLLEGE Elected President also Elected vice president. (2 in 1). Group of people
will choose who will represent 2 parties.

FUNCTION OF GOVERNMENT

Constituent Function Compulsary/MUST [To maintain Peace and Order]


Ministrant Function May or may not reform/OPTIONAL.

2 KINDS OF GOVERNMENT

De Jure LEGAL / COMPLETE government

Example : Duterte and trump

De Facto INCOMPLETE created by revolution with DEFECT

Example: EDSA Revolution. Remedy 1986 Constitution and Election. WITH RECOGNITION.

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