POLITICAL LAW Russia or China) or a small area (Abu

Dhabi).
WEEK 2
- Components are land mass or the
THE SUPREMACY OF THE CONSTITUTION terrestrial domain, the inland, and
external waters (make up the
 All other laws must conform and all maritime and fluvial domain), air
persons including the highest official space (above land and waters) or
must defer. called as aerial domain (Art 1. 1987
 The constitution must remain supreme. Constitution).
 The Constitution must be upheld not - The constitution does not include the
unless it is changed by the sovereign territories that is claimed by historic right
people. or legal title but it does not mean the we
THE CONCEPT OF THE STATE are abandoning those lands but it is
passed down to the judicial body that is
 State is a community of person capable for it.
permanently occupying a fixed territory - The Archipelago Doctrine in which the
and has an independent government for waters that connects the archipelago is
political ends in which the inhabitants considered as the internal waters in
render their obedience. which a part of the territorial seas.
 State is a legal concept while the term - Convention on the Territorial Sea and
NATION is only for racial or ethnic the Contiguous Zone (UNCLOS I)- the
concepts (a nation may compromise sovereign right of States parties over
several concepts). their territorial sea, the breadth, was left
 State is also different to government. undetermined and served as the basis
State is the principal while the for the passage in 1961 by Congress of
government externalizes the state and Republic Act No. 3046 that the maritime
articulates it will. baselines of the PH as an archipelagic
THE ELEMENTS OF STATE (NORTH state.
COTABATO V. THE GOVERNMENT OF THE - UNCLOS III prescribes the water-land
PHILIPPINES) ratio, length, and contour of baselines of
archipelagic states like the PH.
 Permanent population, a defined territory, a - Baselines laws are nothing but statutory
government, and a capacity to enter into mechanisms for UNCLOS III States to
relations with the other states. delimit the extent of their maritime zones
 People- are the inhabitants of the state. and continental shelves. Therefore the
They should be numerous enough to exercise of sovereignty over territorial
provide their needs, defend themselves, waters are treaty based rights.
and small enough to be administered and - The Philippines includes the insular
sustained. Must come from both sexes to shelves which will strictly fall to the
reproduce. jurisdiction only and not to the
- May develop and share certain sovereignty of the coastal state.
characteristics such as common - Article 1 covers the following
language, religion, set of customs and territories: 1. Those given to the US by
traditions, and that will unite them to be the virtue of Treaty of Paris of
called as a nation. December 10, 1898. 2. Those defined in
- Nation defined by Malcolm- A people the treaty happened between US and
that binds together by common Spain (November 7, 1900) and that is
attractions and has its common pulse, not defined in the treaty of paris (Islands
intelligence, and inspiration, and of Cagayan, Sulu, and Sibuto). 3.
destined apparently to have a common Those defined in the treaty between US
history and a common fate. and Great Britain on January 02, 1930
 Territory- fixed portion of the land that is which is the Turtle and Mangsee
inhabited by the people of state. It must be Islands. 4. The island of Batanes which
neither too big (difficult to administer and was covered by a general statement in
defend) nor too small that is unable to meet the 1935 Constitution. 5. Those land
or provide the needs of its population. that is acquired through historic right or
May expand over a vast expanse (like legal title mentioned in 1973
Constitution.
 Government- an agency in which the will of - This function is optional and it
the state is formulated, expressed, and distinguishes the paternalistic gov’t
realized. (rigorously considers whether the state
- In international law there’s no should guide citizen decision making in
prescribed form of government as long positive ways and if so, how this should
as it can represent the state to another be achieved.) from individualistic gov’t
state. However, our Constitution (All individualists believe that
requires our government to be government should keep its interference
democratic and republican. in the lives of individuals at a minimum)
- It is believed that the state is an ideal that is focused to the basic function of
person, invisible, intangible, immutable, maintaining peace and order.
and exists only in contemplation of law - The distinction between the 2 functions
and the government is an agent in which is not relevant to the jurisdiction, it is
it is a perfect representative. It is a blurred because of the absence of
lawless usurpation if it Is outside. laissez faire policy (free trade) to the
- The government mandate from the state constitution (PVTA v. CIR reiterated the
is to promote the welfare of the people. ruling in ACCFA v. Federation of Labor
If the government is successful to it then Unions).
the credits will be given to the state - State is now obligatory to promote social
however if the gov’t inflicted harm the justice, provide adequate social services
people will credit it to the gov’t ALONE. to promote a rising standard of living,
It justifies the replacement of the gov’t afford protection to labor, formulate and
by revolution, theoretically at the implement urban and agrarian reform
command of the state which is also programs, and adopt other measures to
ensure the dignity, welfare, and security
known as the direct state action.
of its citizens.
A. Functions
- State is also required to establish and
- There are 2 functions of government, maintain a complete, adequate, and fully
constituent and ministrant. integrated system of education to offer
- Constituent functions consists the free elementary and secondary public
very bonds of society and it is education to promote scientific research
COMPULSORY. Its functions are the and invention and to patronize arts and
following: letters and develop Filipino culture for
 Keeping of order and providing for national identity.
the protection of persons and B. Doctrine of Parens Patriae (guardian
property from violence and robbery. of the rights of the people)
 The fixing of legal relations between - In the case of Government of the
husband and wife and between Philippine Islands v. Monte de Piedad,
parents and children. where contributions are collected during
the Spanish regime for the relief of
 The regulation of the holding,
earthquake victims. However part of the
transmission, and interchange of
money is not distributed and deposited
property, and the determination of its to the defendant bank. As the
liabilities for debt or for crime. government filed an action for its
 Determination of contractual rights recovery, the defendant questioned the
between individuals. plaintiff stating that the filling of recovery
 Definition and punishment of crimes. should only by the intended
 Administration of justice in civil beneficiaries themselves or by their
cases. heirs. The SC rejected the view and
 Administration of political duties, upheld the rights of the government to
privileges and relations of citizens. file the case in representation if the
 Dealings of state with foreign legitimate claimants as it will fall under
powers; the preservation of the state the doctrine of parens patriae.
C. De Jure and De Facto Government
from external danger or
- De jure government has a rightful title
encroachment and the advancement
but lacks a power or control because it
of its international interests.
is taken or withdrawn from it or because
- Ministrant functions are concerned to
it is not entered to exercise that power
the general interests of society such as
or control.
public works, charity, regulation of trade
and industry.
- De facto government also known as administered by military authority,
the government of fact where it exercise supported more or less directly by
the power or control but it without legal military force.
title.
- 3 Kinds of de facto government  The people accepted President Cory
Aquino which is in control of the country so
- 1. The government that gets possession that it is not only de facto government but in
and control of, or usurps, by force or by fact and law a de jure government. The
the voice of the majority, the rightful community of nations recognized her
legal government and maintains itself legitimacy of the present government.
against the will of the latter, such as the  Government- A corporate governmental
government of England under the entity in which the functions of government
Commonwealth, first by Parliament and are exercised.
later by Cromwell as Protector. - A government-owned or controlled
corporation engaged to proprietary
- 2. That established as an independent functions cannot be considered as part
government by the inhabitants of a of government for the purpose of its
country who rise in insurrection against exemption from the application of
the parent state, such as the statute of limitations. Private
government of the Southern instrumentalities of the government is
Confederacy in revolt against the Union also embraced by the civil service (ART
during the war of secession in the IX-B, SEC. 2 PAR.1 OF THE CONSTI).
United State. - A government agency refers to various
units of the government such as a
- 3. That which is established and department, bureau, office,
maintained by military forces who instrumentality or GOCC, or a local
invade and occupy a territory of the government or a distinct unit.
enemy in the course of war, and which  Administration- these are the group of
is denominated as a government of persons in which holds the agency for a
paramount force, such as the cade of time being. They run the government.
Castine in Maine, which was reduced to  Sovereignty- supreme and uncontrollable
a British possession in the war of 1812, power that is inherent in a state by which
and of Tampico, Mexico, occupied that state is governed.
during the war with Mexico by the troop - 2 kinds of Sovereignty
of US. - Legal Sovereignty- an authority which
has the power to issue a final command.
- It has been held that the Second (Congress)
Republic of the Philippines was a de - Political Sovereignty- refers to the
facto government of paramount forces power behind legal sovereignty or the
established by the Japanese Belligerent one who influences that operates it.
during their occupation to PH in WW II. (Public sectors that shapes public
opinion)
- The characteristics of this kind of de - Internal Sovereignty- power of the
facto government are: state to control its domestic affairs.
- External Sovereignty- power of the
- 1. Existence is maintained by active state to direct its relations with other
military power within the territories, and state also known as independence.
against the rightful authority of an  Sovereignty is permanent, exclusive,
established and lawful government. comprehensive, absolute, indivisible,
inalienable, and imprescriptible.
- 2. Obeyed in civil matters by the private  Province of North Cotabato v. Govt of
citizens, by acts of obedience rendered the Rep of the Philippines GR 183591
in submission to such force, do not [Oct 14, 2008]
become responsible, as wrongdoers, for  Facts. On August 5, 2008, the
those acts, though not warranted by the Government of the Republic of the
laws of the rightful government. They Philippines Peace Panel on Ancestral
are established over districts differing Domain (GRP)—represented by its
greatly in extent and conditions and Chairman Rodolfo C. Garcia—and the
 MILF23—represented by its Chairman Salamat perceived to be the manipulation
Mohagher Iqbal—were scheduled to sign a of the MNLF away from an Islamic basis
Memorandum of Agreement on the towards Marxist-Maoist orientations.
Ancestral Domain Aspect of the GRP-MILF  The Govt as parens patriae has the right to
Tripoli Agreement on Peace of 2001 (the enforce all charities of public nature where
MOA-AD) in Kuala Lumpur, Malaysia. The no other person is entrusted with it.
MOA-AD has been initialed by the parties. Government of the Philippine Islands v.
The MOA-AD mentions, among others, the Monte de Piedad GR L-9959, 35 Phil 728
Bangsamoro Juridical Entity (BJE) to which [Dec 13, 1916]
it grants the authority and jurisdiction over  Facts. About $400,000 were subscribed
the Ancestral Domain and Ancestral Lands and paid into the treasury of the Phil.
of the Bangsamoro. The signing of the Islands by the inhabitants of the Spanish
MOA-AD between the GRP and the MILF Dominion for the relief of those damaged by
did not materialize, however, because the an earthquake which took place in the Phil.
SC, upon motion of petitioners, issued a Islands. However, part of the money
TRO enjoining the GRP from signing the collected was never distributed and was
same. Petitioners assail the constitutionality instead deposited with respondent bank
of the MOA-AD. Monte de Piedad. On account of various
 Issue. Does the MOA-AD violate Philippine petitions of persons and heirs of the victims
national territory and sovereignty? to whom the money was supposed to be
 Held. Yes. No province, city, or given, the Phil. Islands filed an action for
municipality, not even the ARMM, is recovery. A judgment was rendered in favor
recognized under our laws as having an of the govt. Monte de Piedad appealed,
“associative” relationship with the national questioning the personality of the Govt. of
government. Indeed, the concept implies the Phil. Islands to institute the action,
powers that go beyond anything ever contending that the suit can only be
granted by the Constitution to any local or instituted by the intended beneficiaries or
regional government. It also implies the by the heirs of the victims.
recognition of the associated entity as a  Issue. Does the Phil. Govt have the
state. The Constitution, however, does not personality to institute the action?
contemplate any state in this jurisdiction  Held. Yes. In this country, the Govt as
other than the Philippine State, much less parens patriae has the right to enforce all
does it provide for a transitory status that charities of public nature, by virtue of its
aims to prepare any part of Philippine general superintending authority over the
territory for independence. It is not merely public interests, where no other person is
an expanded version of the ARMM, the entrusted with it. This prerogative of parens
status of its relationship with the national patriae is inherent in the supreme power of
government being fundamentally different [the] State xxx. It is a most beneficent
from that of the ARMM. Indeed, BJE is a function, and often necessary to be
state in all but name as it meets the criteria exercised in the interest of humanity, and
of a state laid down in the Montevideo for the prevention of injury to those who
Convention, namely, a permanent cannot protect themselves. Furthermore, it
population, a defined territory, a would be impracticable for the beneficiaries
government, and a capacity to enter into to institute an action or actions either
relations with other states. Even assuming individually or collectively.20 The only
arguendo that the MOA-AD would not course that can be satisfactorily pursued is
necessarily sever any portion of Philippine for the Government to again assume
territory, the spirit animating it—which has control of the fund and devote it to the
betrayed itself by its use of the concept of object for which it was originally destined.
association—runs counter to the national  GUIDE QUESTIONS
sovereignty and territorial integrity of the  Validity of Creating a Separate State
Republic. Through a Memorandum
 The MILF is a rebel group which was  In G.R. No. 183591 (October 14, 2008), the
established in March 1984 when, under the Supreme Court of the Philippines ruled on
leadership of the late Salamat Hashim, it the constitutionality of a Memorandum of
splintered from the Moro National Liberation Agreement on Ancestral Domain (MOA-AD)
Front (MNLF) then headed by Nur Misuari, between the Government of the Republic of
on the ground, among others, of what the Philippines (GRP) and the Moro Islamic
 Liberation Front (MILF). The MOA-AD Facts:
sought to establish the Bangsamoro
Juridical Entity (BJE) as a separate state-  The case involves the Government of
like entity within Philippine territory, granting the Philippine Islands, represented by
it significant autonomy and powers typically the Treasurer, as the plaintiff-appellee,
reserved for states. and El Monte de Piedad y Caja de
Ahorros de Manila, a savings and
The Court declared the MOA-AD
mortgage bank, as the defendant-
unconstitutional. One key reason was that
appellant.
the MOA-AD effectively sought to create a  The government sought to recover
separate state within the Philippines, which funds held by the bank that were
is beyond the authority of any governmental considered "unclaimed" or "abandoned"
body to grant through a mere deposits from minors, orphans, and
memorandum. Such an act would require other individuals who could not assert
an amendment to the Constitution, not just their rights.
an executive agreement. The Constitution
does not allow any part of the national Issue:
territory to be ceded or transferred to a new
state or government without the proper  The main issue was whether the
legal processes, which include the approval Government of the Philippine Islands,
through its Treasurer, had the right to
of Congress and ratification by the people.
recover the funds on behalf of these
 Requisites for Establishing a State
individuals under the doctrine of Parens
To establish a state under international law, Patriae.
four requisites must be satisfied:
 Permanent Population: The entity must Ruling:
have people who permanently inhabit the
territory.  The Supreme Court ruled in favor of
 Defined Territory: The entity must have the Government of the Philippine
clearly defined geographical boundaries. Islands, affirming that the state, under
 Government: The entity must have an the doctrine of Parens Patriae, has the
organized government with control over the authority to protect the interests of
territory and the population. individuals who cannot protect
 Capacity to Enter into Relations with themselves, such as minors and
orphans.
Other States: The entity must have the
 The Court held that the government,
ability to engage in diplomatic and acting as the guardian of these
international relations. individuals, had the right to recover the
 In the context of the MOA-AD, while the unclaimed funds held by El Monte de
proposed Bangsamoro Juridical Entity Piedad y Caja de Ahorros de Manila.
(BJE) might have had some of these
characteristics, it could not qualify as a Application of the Doctrine:
state within the Philippine context because
it violated the Constitution. The  The Supreme Court applied the
establishment of a state within the territory Doctrine of Parens Patriae by
of the Philippines without following the recognizing the government's
required constitutional process is not legally responsibility to act on behalf of
valid. vulnerable individuals who cannot assert
their legal rights, thereby enabling the
state to recover the funds for their
Doctrine of Parens Patriae:
benefit.
 The Doctrine of Parens Patriae refers
to the inherent power and authority of
the state to act as the guardian for those
who are unable to care for themselves,
such as minors or those who are legally
incompetent. The state steps in to
protect their rights and interests.