Name: Rojo, Arsenio N.
Section Code: PCBET-01-302A
Subject: BL1 - Law on Obligations and Contracts
Title of Topic: Article I National Territory
Date Submitted: November 30, 2020 Professor: James Patrick B. Almocera
ARTICLE 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.’’
Article 1 of 1987 Philippine Constitution obviously emphasizes rights or
jurisdiction of States within its National Territory. Generally, territory is defined as the
fixed portion on the surface of the earth on which the State settles and over which it has
supreme authority. The components of the territory of the state are the terrestrial, fluvial,
maritime and aerial domains as what have said above.
In this article which could be also have with other countries, the Outer Space
Theory is a good example of its restriction which proclaim that outer space, including
the moon and other celestial bodies, is free for exploration and use by all states and
cannot be claimed by any state. Any exploration and use must be for the benefit of all
states on a basis of equality and in accordance with international law and due regard to
interests of other states, it also provides that exploration and use must not result to any
harmful contamination of outer space and the earth as well, that means all states has
rights in conducting activities in outer space.
Lastly, since we are talking about National Territory, I would love to discuss
about Spratlys which got a long fight with rights in the history by the countries of
Taiwan, Malaysia Vietnam, Brunei, Philippines and especially by China but, currently
the fight for ownership of Spratly island is now between China and Philippines.
However, in July 12, 2016 the tribunal court in the United Nation favour the Philippines
to own Spratly island, they said that nine dash line that China used to gain jurisdiction in
Spratly is truly questionable when it is 530 nautical miles away from China and only 138
nautical miles in Palawan which is part of Philippines. Along with that Philippines
created the Republic Act 9522 which defined the archipelagic baselines of the
Philippines, claimed sovereignty over the Kalayaan Island Group under Section 2, sub-
paragraph A which described the territory as a ‘’Regime of Islands’’- a concept defined
in the United Nation Convention on law of the Sea for similar bodies of land but, today
Philippines still struggling execution of their rights and jurisdiction because of Chinese’s
aggression towards it.
Bibliography
Flattop. (2015, May 22). The Spratly Islands: A Dispute in the South China Sea.
Retrieved
October 16, 2020, from
https://www.tapatalk.com/groups/flattopshistorywarpolitics/the-spratly-islands-a-
dispute-in-the-south-china-s-t3268.html
LawBooklet. (2016, November 26). National Territory of the Philippines Meaning
Tagalog Version PDF. Retrieved October 16, 2020, from
https://lawbooklet.com/national-territory-philippines-meaning-tagalog-version/
Name: Rojo, Arsenio N.
Section Code: PCBET-01-302A
Subject: BL1 - Law on Obligations and Contracts
Title of Topic: Article 3 Bill of Rights
Date Submitted: November 30, 2020 Professor: James Patrick B. Almocera
ARTICLE 3-
BILL OF RIGHTS (SECTION 9)
‘’Private property shall not be taken for public use without just compensation.’’
Article 3 Section 9 of 1987 constitution is one of the most important parts of the
fundamental law since it aims at balancing the power of the government and the various
freedoms of the individual. As we discussed about article 3, the Bill of Rights provide for
two things: first, restrictions directed against the state, and, second, explicit identification
and limitation of rights of the individuals.
For example, while the government has the inherent authority to take and convert
a property for public use, and the people on the other have the right to hold their private
property, the Constitution, contemplating a case of overlap or conflict between the two,
compromises both by prescribing that the government gives just compensation or fair
value to the private owner who in turn must surrender his property. The example of just
compensation is the government grant, wherein company earns cash or maybe real
state after doing the job that government requested, this job’s result will be benefited the
public. Sometimes company does not earn cash or real state but grants them to be
freed on their company’s liability, the obligation I am talking about is the result of its
company to our environment, a very good example is the manufacturing companies that
makes pollution, government grant only counts for the labor to clean the company’s
surroundings but the full execution of the job will come from the manufacturing entity.
The discussion of this provision also talks about the ‘’eminent domain’’
counterpart of this which talks about Federal, state, and local governments may take
private property through their power of eminent domain or may regular exercising their
Police Power, but requires the government to provide compensation to the owner of the
private property taken. And, after this law proclaimed most of the private property
owners have begun initiate actions against the government in a kind of proceeding
called inverse condemnation.
Bibliography
Attorney, P. (2017, October 04). The Elements And Nature Of Eminent Domain.
Retrieved October 16, 2020, from https://attorney.org.ph/legal-news/347-the-
elements-and-nature-of-eminent-domain
Admin. (2012, July 18). IAS plus. Retrieved October 16, 2020, from
https://www.iasplus.com/en/standards/ias/ias20
Name: Rojo, Arsenio N.
Section Code: PCBET-01-302A
Subject: BL1 - Law on Obligations and Con tracts
Title of Topic: Article IX the Civil Service Commission
Date Submitted: November 30, 2020 Professor: James Patrick B. Almocera
ARTICLE IX
THE CIVIL SERVICE COMMISSION(SECTION5)
‘’The Congress shall provide for the standardization of compensation of
government officials and employees, including those in government-owned or
controlled corporations with original charters, taking into account the nature of
the responsibilities pertaining to, and the qualifications required for, their
positions.’’
This article talks about the government principles that modified compensation
and classification system base pay schedule of the government. All administration
faculty will be paid just and even-handed pay as per the rule of equivalent
compensation for work of equivalent worth. Contrasts in pay will be founded on certain
remuneration and position grouping factors in due respect to the monetary ability of the
administration.
The thing about the pay for all regular citizen government faculty is it will
commonly be equivalent with those in the private area accomplishing similar work so as
to pull in, hold and propel a corps of able government employees. The pay for all regular
citizen government work force will similarly be normalized and legitimized over all
administration organizations to establish an empowering climate that will advance social
equity, honesty, proficiency, efficiency, responsibility and greatness in the common
assistance.
The example of this standardization of compensation is the year- end bonus and
cash gift to its employees which is equivalent one (1) month basic salary and Cash Gift
provided under Republic Act No. 6686, as amended by Republic Act No. 8441. Another
one is Specific-Purpose Allowances and Benefits which are stipends and advantages
given to representatives across organizations under explicit conditions and
circumstances identified with the genuine presentation of work; at endorsed rates, rules,
rides and guidelines.
BIBLIOGRAPHY
Cabusor, F. (2020, April 22). Salary Grade Table 2019 (Philippine Salary
Standardization Law). Retrieved October 19, 2020, from
https://usefulwall.com/2018/03/salary-grade-table-2018-philippine-salary-
standardization-law/
Info, P. (2020, September 17). Salary Standardization Law of 2019 for 2020 - 2023.
Retrieved October 19, 2020, from https://www.apttrendingph.com/2019/11/salary-
standardization-law-v-ssl-5.html
Name: Rojo, Arsenio N.
Section Code: PCBET-01-302A
Subject: BL1 - Law on Obligations and Contracts
Title of Topic: Article XVIII Transitionary Provisions
Date Submitted: November 30, 2020 Professor: James Patrick B. Almocera
ARTICLE XVIII
TRANSISTORY PROVISIONS(SECTION10)
‘’All courts existing at the time of the ratification of this Constitution shall
continue to exercise their jurisdiction, until otherwise provided by law. The
provisions of the existing Rules of Court, judiciary acts, and procedural laws not
inconsistent with this Constitution shall remain operative unless amended or
repealed by the Supreme Court or the Congress.’’
At the point when Congress or an established show starts proposing updates to
the 1987 Constitution much consideration and conversation will focus on the temporary
arrangements or transitory provision.
Segments of the proposed constitution that suspends decisions booked under
the current constitution, expands the term of officeholder authorities, and awards the
occupant president extra remarkable forces will all be remembered for the transitory
provision. Considerations on this article of the proposed constitution can without much
of a stretch overshadowing those on the arrangements proposing an administrative
parliamentary type of government.
This section only explains the power of the officials in the constitution has only
limited time otherwise it is provided by law, all courts can exercise this power until the
law was not change by the constitution, while their procedures and the way they
exercise their jurisdiction will still valid until the time that the law will change.
