CONST 007 Under this concept ("archipelagic doctrine"), an archipelago shall be

ARTICLE I regarded as a single unit, so that the waters around, between, and
National Territory connecting the islands of the archipelago, irrespective of their
ARTICLE I – SECTION 1 breadth and dimensions, form part of the internal waters of the
The national territory comprises the Philippine archipelago, with all state, and are subject to its exclusive sovereignty.
the islands and waters embraced therein, and all other territories Maritime Territory (Fluvial and Maritime Domain) of Philippines
over which the Philippines has sovereignty or jurisdiction, Internal waters
consisting of its terrestrial, fluvial, and aerial domains, including its Covers all water and waterways on the landward side of the
territorial sea, the seabed, the subsoil, the insular shelves, and other baseline. The coastal state is free to set laws, regulate use, and use
submarine areas. The waters around, between, and connecting the any resource. Foreign vessels have no right of passage within
islands of the archipelago, regardless of their breadth and internal waters.
dimensions, form part of the internal waters of the Philippines. Maritime Territory (Fluvial and Maritime Domain) of Philippines
Territorial Sea 12 nautical miles (n.m.)
Necessity of constitutional provision on National Territory The belt of the sea located between the coast and internal waters of
 Binding force of such provision under international law. the coastal state on the one hand, and the high seas on the other,
A state has the power to try, hear and decide cases throughout the extending up to 12 nautical miles from the low water mark.
extent of its territory. Maritime Territory (Fluvial and Maritime Domain) of Philippines
If there is a territorial dispute it should be settled according to the Contiguous Zone 12 n.m. from the edge of the territorial sea
international law Extends up to 12 nautical miles from the territorial sea. Although not
Necessity of constitutional provision on National Territory part of the territory, the coastal State may exercise jurisdiction to
 Value of provision defining our national territory. prevent infringement of customs, fiscal, immigration or sanitary
It is important to know so that we and the other nations would laws.
know the boundaries of our country. Maritime Territory (Fluvial and Maritime Domain) of Philippines
 Acquisition of other territories. Exclusive Economic Zone 200 n.m. from the baseline
Even though the bounds of our national territory is already written The state in the EEZ exercises jurisdiction with regard to:
in the law, this does not prevent the Philippines from acquiring new • the establishment and use of artificial islands, installations,
territories by means of purchase, exchange, and such. and structures;
 Composition of the Philippine National Territory • marine scientific research;
The Philippine archipelago with all the islands and waters embraced • the protection and preservation of marine environment;
therein; Maritime Territory (Fluvial and Maritime Domain) of Philippines
All other territories over which the Philippines has sovereignty or
jurisdiction.
The terrestrial, fluvial and aerial domains including the territorial
sea, the seabed, the subsoil, the insular shelves, and other
submarine areas thereof; and
The internal waters.
Philippines as an archipelago
Derived from the Greek word “pelago” meaning “sea.”
A sea or part of a sea containing many islands.
In other words, it includes both sea and islands which geographically
may be considered as an independent whole.
Our country is comprised of the sea and all its islands which is
considered to be one single unit.
Other territories over which the Philippines has sovereignty or
Other areas included in the Philippine archipelago jurisdiction
The Philippine territory consists of its terrestrial, fluvial, and aerial Philippine claim to Sabah
domains. Included in its fluvial domains, in addition to the external The Sultan of Sulu was granted the territory of Sabah as a prize for
waters, are: helping The Sultan of Brunei against his enemies and from then on
Territorial sea. that part of Borneo is recognized as part of the Sultan of Sulu’s
The seabed sovereignty.
The subsoil
Insular shelves
Other submarine areas Other territories over which the Philippines has sovereignty or
Other areas included in the Philippine archipelago jurisdiction
All other territories over which the Philippines has sovereignty - But in 1878, Baron Von Overbeck, a German representative of the
includes any territory that presently belongs or might in the future British North Borneo Co. and his partner Alfred Dent, a British
belong to the Philippines through any of the accepted international representative of the British North Borneo Co. leased the territory
modes of acquiring territory known as “Sabah.”
Archipelagic Principle Other territories over which the Philippines has sovereignty or
jurisdiction
Britain took Sabah on July 10, 1946 as part of its crown territories
and then made the land part of the Federation of Malaysia. The
Philippines maintained that the contract with Overdeck and Dent
was for lease but the United Kingdom insisted it was for cession or
transfer of ownership.
Other territories over which the Philippines has sovereignty or
jurisdiction
The Philippines broke diplomatic relations with Malaysia after the
federation have included “Sabah.” At that time, the current Sultan of The West Philippine Sea Flashpoint
Sulu have given the Philippine government the authority to pursue
the claim legally in international courts.
In 1972, the Marcos administration revived the claim; but, the
“Jabidah Massacre” incident shelved it once more.
Other territories over which the Philippines has sovereignty or
jurisdiction

ARTICLE II
Declaration of Principles and State Policies
PRINCIPLES
Other territories over which the Philippines has sovereignty or Section 1. The Philippines is a democratic and republican State.
jurisdiction Sovereignty resides in the people and all government authority
Philippine claim to Spratley Island. emanates from them.
The Spratly Islands group consists of a large number of banks, reefs, Sovereignty implies the supreme authority inherent in the State by
cays and islands stretching from a point. The Spratlies or some part which it is governed.
thereof has been variously claimed by China (both the People's Manifestation of a Democratic and Republican State
Republic of China and the Republic of China), Viet-Nam, France,  Existence of Bill of Rights (Art.III)
Japan, the Philippines, and, also Malaysia  Observance of the rule of Majority
Other territories over which the Philippines has sovereignty or  Observance of the principles that ours is a government of
jurisdiction laws and not of men.
In 1956, a Filipino navigator named Tomas Cloma issued a  Presence of election through popular will.
"Proclamation to the whole World" asserting ownership by discovery  Observance of the principles of separation of powers and
and occupation over all the territory, "33 islands, sands cays, sands the system of checks and balances.
bars and coral reefs and fishing grounds in the Spratlies covering an Manifestation of a Democratic and Republican State
area of 64,976 square nautical miles." This claim provoked  Observance of the principles that the legislature cannot
statements of protest against the Philippines by the People's pass irreparable laws
Republic of China and the Republic· of Viet-Nam.  Observance on the law on public officers
Other territories over which the Philippines has sovereignty or  Observance of the principles that the State cannot be sued
jurisdiction without its consent

Right of People to Revolt

 Despite that the constitution is not explicit, it is a matter of

PRINCIPLES
Section 2. The Philippines renounces 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
Other territories over which the Philippines has sovereignty or with all nations.
jurisdiction It is in accordance with the UN charter binding to all member states
to “refrain in their international relations from the threat or use of
force”.
War in this context prohibits only an “aggressive war”.
PRINCIPLES
International Laws - refers to the body of rules and principles w/c  Right to life of the unborn from conception and of the
governs the relations of nations and their respective people in their mother.
intercourse with one another.  Rearing of the youth for civic efficiency and development of
moral character
PRINCIPLES  duty both of parents and government
Section 3. Civilian authority is, at all times, supreme over the  right of State to interfere with education of children
military. The Armed Forces of the Philippines is the protector of the  power of state to regulate all schools
people and the State. Its goal is to secure the sovereignty of the  State and parental obligation
State and the integrity of the national territory.  duty of the State to encourage educational institutions
Section 13. The State recognizes the vital role of the youth in
Supremacy of Civilian Authority over the Military nation-building and shall promote and protect their physical,
 Inherent in a republican system - the idea of the moral, spiritual, intellectual, and social well-being. It shall
supremacy of civilian authority. The highest of such inculcate in the youth patriotism and nationalism, and encourage
authority being the President their involvement in public and civic affairs.
 Safeguard against military dictatorship - a civilian, the
President is the commander in chief of all armed forces of Section 14. The State recognizes the role of women in nation-
the Philippines building, and shall ensure the fundamental equality before the law
Section 4. The prime duty of the Government is to serve and of women and men.
protect the people. The Government may call upon the people to  Role of women in nation building
defend the State and, in the fulfillment thereof, all citizens may be  Proven capabilities of Filipino women - history shows that
required, under conditions provided by law, to render personal, our women past and present, have ably proven their
military or civil service. capabilities in all fields of human endeavors.
Section 5. The maintenance of peace and order, the protection of  Expansion of women’s role - the constitution gives
life, liberty, and property, and promotion of the general welfare recognition to the role Filipino women have played and
are essential for the enjoyment by all the people of the blessings of continue to play as partners in the task of nation building.
democracy.  Equality of men before the law - Men and women are
fundamentally equal. As a rule, women has narrower
Section 6. The separation of Church and State shall be inviolable. occupational choices and have lower earnings than men.
Section 7. The State shall pursue an independent foreign policy. In Section 15. The State shall protect and promote the right to health
its relations with other states, the paramount consideration shall of the people and instill health consciousness among them.
be national sovereignty, territorial integrity, national interest, and
the right to self-determination. Section 16. SEC. The State shall protect and advance the right of
the people to a balanced and healthful ecology in accord with the
Section 8. The Philippines, consistent with the national interest, rhythm and harmony of nature.
adopts and pursues a policy of freedom from nuclear weapons in Section 17. The State shall give priority to education, science and
its territory. technology, arts, culture, and sports to foster patriotism and
STATE POLICIES nationalism, accelerate social progress, and promote total human
 Foreign Policy - is the basic direction underlying the liberation and development.
conduct by a state of its affairs vis-à-vis those of other Section 18. The State affirms labor as a primary social economic
States. force. It shall protect the rights of workers and promote their
Section 9. The State shall promote a just and dynamic social order welfare.
that will ensure the prosperity and independence of the nation and Section 19. The State shall develop a self-reliant and independent
free the people from poverty through policies that provide national economy effectively controlled by Filipinos.
adequate social services, promote full employment, a rising Section 20. The State recognizes the indispensable role of the
standard of living, and an improved quality of life for all. private sector, encourages private enterprise, and provides
incentives to needed investments.
Section 10. The State shall promote social justice in all phases of Section 21. The State shall promote comprehensive rural
national development. development and agrarian reform.
 Social Justice - state must give preferential attention to the Section 22. The State recognizes and promotes the rights of
welfare of the less fortunate members of the community indigenous cultural communities within the framework of national
Section 11. The State values the dignity of every human person and unity and development.
guarantees full respect for human rights.  Indigenous cultural community - refers to those non-
Section 12. The State recognizes the sanctity of family life and shall dominant group w/c possess and wish to preserve
protect and strengthen the family as a basic autonomous social characteristic markedly different from the rest of the
institution. It shall equally protect the life of the mother and the population. Ex: Ethnic, religious and linguistic traditions
life of the unborn from conception. The natural and primary right Section 23. The State shall encourage non-governmental,
and duty of parents in the rearing of the youth for civic efficiency community- based, or sectoral organizations that promote the
and the development of moral character shall receive the support welfare of the nation.
of the Government. Section 24. The State recognizes the vital role of communication
STATE POLICIES and information in nation-building.
Section 25. The State shall ensure the autonomy of local
governments.
Section 26. The State shall guarantee equal access to opportunities
for public service, and prohibit political dynasties as may be
defined by law.
Section 27. The State shall maintain honesty and integrity in the
public service and take positive and effective measures against
graft and corruption.
Section 28. Subject to reasonable conditions prescribed by law, the
State adopts and implements a policy of full public disclosure of all
its transactions involving public interest.