Constitutional Law 1 (1st Notes)

PART I. SUPREMACY OF THE CONSTITUIONA. FUNDAMENTAL LAW AS OVERRIDING STANDARD OF VALIDITY IN CASE OF REPUGNANCYFundamental law as overriding standard of validity in case of repugnancy If two laws one being a law or a statute and the other one a constitutional precept are irreconcilably in conflict with each other, the court, by means of judicial review, must choose between the two. But since the Constitution is superior to any act of legislature, it being an enactment of the sovereign people, the Constitution must prevail. CASES: MARBURY V. MADISON, 5 US. 137 & UNITED STATES V. NIXON, 418, US. 683B. SUPREMACY OF THE CONSTITUTION ENFORCED THROUGH JUDICIAL REVIEWOne of the ways of enforcing the supremacy of the Constitution is through judicial review. Judicial review is the power of a court to settle actual controversies between real conflicting parties through the applications of a law. It involves the duty of the court of pronouncing void any such act which does not square with its own reading of the Constitution. When the judiciary mediates to allocate constitutional boundaries, it does not assert any superiority over the other departments; it does not in reality nullify an act of the legislature, but only asserts the solemn and sacred obligation assigned to it the by the Constitution. CASES: ANGARA V. ELECTORAL COMMISSION 63, PHIL. 139 & TANADA V. CUENCO, 103 PHIL. 1051PART II. PHILIPPINE SOVEREIGNTYA. STATE DEFINEDState is a community of persons more or less numerous, permanently occupying a define portion of territory, having a government of their own to which the great body of inhabitants render obedience, and enjoying freedom from external control. A politically organized sovereign community independent of outside control bound by ties of nationhood, legally supreme within its territory, acting through a government functioning under a regime of lawPART III. PREAMBLEA. PURPOSEObject and value of Preamble1. Sets down origin and purposes of the Constitution While a preamble is not necessary part of a constitution, it is advisable to have one. In the case of the Constitution of the Philippines, the Preamble which is couched in general terms, provides the broad outline of, and the spirit behind the Constitution.It serves two (2) very important ends:a. It tells us who are the authors of the Constitution and for whom it has been promulgated; andb. It states the general purposes which are intended to be achieved by the Constitution and the government established under it, and certain basic principles underlying the fundamental charter. 2. May serve as an aid in its interpretation The Preamble has a value for purposes of construction. The statement of the general purposes may be resorted to as an aid in determining the meaning of vague or ambiguous provision of the Constitution proper. By way of illustration, the government is without power to impose taxes for private purpose because according to the preamble it is established for public purpose the promotion of the common good and not for private purpose.PART IV. PHILIPPINE TERRITORY A. TERRITORY THE ARCHIPELAGO CONCEPTARTICLE 1 1987 PHILIPPINE CONSTITUTION1. PHILIPPINE ARCHIPELAGOThe term archipelago is derived from the Greek word pelages meaning sea. It has been defined as a sea or part of a sea studded with islands, often synonymous with island groups, or as a large group of islands in an extensive body of water such as sea. In other words, it includes both sea and islands which geographically may be considered as an independent whole.A. TREATY LIMITSThe Republic of the Philippines argues that the line described in accordance with the Philippine Treaty Limits constitutes the territorial limits of the Philippine archipelago. The Constitution of the Republic of the Philippines specifically defines the extent of its national territory. It is categorically defined both in the 1935 and 1973 Constitutions, and in the latest and still in force, 1987 Constitution. It should be noted that it is only in the 1935 Philippine Constitution that there is explicit reference to the colonial treaties defining the Philippine Treaty Limits as comprising the national territory of the Philippines. The 1973 and 1987 Philippine Constitutions no longer mention these colonial treaties, which has raised questions internally whether the treaties remain incorporated in the constitutional definition of the Philippine national territory.TREATY OF PARIS, ARTICLE IIIArticle 3 defines the metes and bounds of the archipelago by longitude and latitude, degrees and seconds. Technical descriptions are made of the scope of the archipelago as this may be found on the surface of the earth.Spain cedes to the United States the archipelago known as the Philippines Islands, and comprehending the islands lying within the following line:A line running from west to east along or near the twentieth parallel of north latitude, and through the middle of the navigable channel of Bacchi, from the one hundred and eighteenth to the one hundred and eighteenth to the one hundred and twenty-seventh degree meridian of longitude east of Greenwich, thence along the parallel and forty-five minutes north latitude to its intersection with the meridian of longitude one hundred and nineteen degrees and thirty-five minutes east of Greenwich to the parallel of latitude seven degrees and forty minutes north to its intersection with the one hundred and sixteenth degree meridian of longitude east of Greenwich, and thence along the one hundred and eighteenth degree meridian of longitude east of Greenwich to the point of beginning.The United States will pay to Spain the sum of twenty million dollars, within three months after the exchange of the ratifications of the present treaty.TREATY BETWEEN SPAIN AND US CONCLUDED AT WASHINGTON ON NOV. 7, 1900Ceding Cagayan, Sibuto and Sulu.ARTICLERelinquishment of islands to the United States.The United States of America and Her Majesty the Queen Regent of Spain, in the name of Her August Son, Don Alfonso XIII, desiring to remove any ground of misunderstanding growing out of the interpretation of Article III of the Treaty of Peace concluded between them at Paris the tenth day of December, one thousand eight hundred and ninety eight, whereby Spain cedes to the United States the archipelago known as the Philippine Islands and comprehending the islands lying within certain described lines, and having resolved to conclude a Treaty to accomplish that end, have for that purpose appointed as their respective plenipotentiaries:The President of the United States, John Hay, Secretary of State of the United States; and Her Majesty the Queen Regent of Spain, the Duke de Arcos, Envoy Extraordinary and Minister Plenipotentiary of Spain to the United States; who, having met in the city of Washington and having exchanged their full powers, which were found to be in due and proper form, have agreed upon the following sole article:SOLE ARTICLESpain relinquishes to the United States all title and claim of title, which she may have had at the time of the conclusion of the Treaty of Peace of Paris, to any and all islands belonging to the Philippine Archipelago, lying outside the lines described in Article III of that Treaty and particularly to the islands of Cagayan, Sulu and Sibutu and their dependencies, and agrees that all such islands shall be comprehended in the cession of the Archipelago as fully as if they had been expressly included within those lines.The United States, in consideration of this relinquishment, will pay to Spain the sum of one hundred thousand dollars ($100,000) within six months after the exchange of the ratifications of the present treaty.The present treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by Her Majesty the Queen Regent of Spain, after approval by the Cortes of the Kingdom, and the ratifications shall be exchanged at Washington as soon as possible.In faith whereof we, the respective Plenipotentiaries, have signed this Treaty and have hereunto affixed our seals.TREATY BETWEEN US AND GREAT BRITAIN ON JANUARY 2, 1930Ceding the Turtle and Mangsee Islands.

The SPRATLEYS group of islands is not a part of the Philippine archipelago but it is a part of our national territory. It belongs to the 2nd part of the composition of the national territory. All other territories over which the Philippines has sovereignty or jurisdiction.

B. METHOD OF DETERMINING BASELINESRA. 3046, JUNE 17, 1961AN ACT TO DEFINE THE BASELINES OF THE TERRITORIAL SEA OF THE PHILIPPINESWhereas, the Constitution of the Philippines describes the national territory as comprising all the territory ceded to the United States by the Treaty of Paris concluded between the United States and Spain on December 10, 1898, the limits of which are set forth in Article III of said treaty together with all the islands embraced in the treaty concluded in Washington, between the United States and Spain on November 7, 1900, and in the treaty concluded between the United States and Great Britain on January 2, 1930, and all the territory over which the Government of the Philippine Islands exercised jurisdiction at the time of the adoption of the Constitution;Whereas, all the waters within the limits set forth in the above-mentioned treaties have always been regarded as part of the territory of the Philippine Islands; Whereas, all the waters around, between and connecting the various islands of the Philippine archipelago, irrespective of their width or dimension, have always been considered as necessary appurtenances of the land territory, forming part of the inland or internal waters of the Philippines; Whereas, all the waters beyond the outermost islands of the archipelago but within the limits of the boundaries set forth in the aforementioned treaties comprise the territorial sea of the Philippines;Whereas, the baselines from which the territorial sea of the Philippines is determined consist of straight lines joining appropriate points of the outermost islands of the archipelago; andWhereas, the said baselines should be clarified and specifically defined and described for the information of all concerned;Section 1. (See Republic Act No. 5446 infra.)Section 2. All waters within the baselines provided for in section one hereof are considered inland or internal waters of the Philippines.RA. 5446, SEPTEMBER 18, 1968SECTION 1. To correct typographical errors, Section one of Republic Act numbered thirty hundred and forty-six is amended to read as followsSECTION 1. The baselines for the territorial sea of the Philippines are hereby defined and described specifically as follows:SECTION 2. The definition of the baselines of the territorial sea of the Philippine Archipelago as provided in this Act is without prejudice to the delineation of the baselines of the territorial sea around the territory of Sabah, situated in North Borneo, over which the Republic of the Philippines has acquired dominion and sovereignty.SECTION 3. This Act shall take effect upon its approval.RA. 9522, MARCH 10, 2009AN ACT TO AMEND CERTAIN PROVISIONS OF REPUBLIC ACT NO. 3046, AS AMENDED BY REPUBLIC ACT NO. 5446, TO DEFINE THE ARCHIPELAGIC BASELINES OF THE PHILIPPINES, AND FOR OTHER PURPOSESSECTION 1. Section 1 of Republic Act No. 3046, entitled An Act to Define the Baselines of the Territorial Sea of the Philippines, as amended by Section 1 of Republic Act No. 5446, is hereby amended to read as follows:SEC. 1. The baselines of the Philippine archipelago are hereby defined and described specifically as follows:SECTION 2. The baselines in the following areas over which the Philippines likewise exercises sovereignty and jurisdiction shall be determined as Regime of Islands under the Republic of the Philippines consistent with Article 121 of the United Nations Convention on the Law of the Sea (UNCLOS):a) The Kalayaan Island Group as constituted under Presidential Decree No. 1596; andb) Bajo de Masinloc, also known as Scarborough Shoal.SECTION 3. This Act affirms that the Republic of the Philippines has dominion, sovereignty and jurisdiction over all portions of the national territory as defined in the Constitution and by provisions of applicable laws including, without limitation, Republic Act No. 7160, otherwise known as the Local Government Code of 1991, as amended.SECTION 4. This Act, together with the geographic coordinates and the charts and maps indicating the aforesaid baselines, shall be deposited and registered with the Secretary General of the United Nations.SECTION 5. The National Mapping and Resource Information Authority (NAMRIA) shall forthwith produce and publish charts and maps of the appropriate scale clearly representing the delineation of basepoints and baselines as set forth in this Act.SECTION 6. The amount necessary to carry out the provisions of this Act shall be provided in a supplemental budget or included in the General Appropriations Act of the year of its enactment into law.

SECTION 7. If any portion or provision of this Act is declared unconstitutional or invalid, the other portions or provisions hereof which are not affected thereby shall continue to be in full force and effect.SECTION 8. The provisions of Republic Act No. 3046, as amended by Republic Act No. 5446, and all other laws, decrees, executive orders, rules and issuances inconsistent with this Act are hereby amended or modified accordingly.SECTION 9. This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in any two (2) newspapers of general circulation.2.OTHER TERRITORIES OVER WHICH THE PHILIPPINES HAS SOVEREIGNTY OR JURISDICTIONpp. 61 of The Philippine ConstitutionPD. 1596, JUNE 11 1978DECLARING CERTAIN AREA PART OF THE PHILIPPINE TERRITORY AND PROVIDING FOR THEIR GOVERNMENT AND ADMINISTRATION.WHEREAS, by reason of their proximity the cluster of islands and islets in the South China Sea situated within the following:KALAYAAN ISLAND GROUPFrom a point [on the Philippine Treaty Limits] at latitude 740 North and longitude 11600 East of Greenwich, thence due West along the parallel of 740 N to its intersection with the meridian of longitude 11210 E, thence due north along the meridian of 11210 E to its intersection with the parallel of 900 N, thence northeastward to the intersection of the parallel of 1200 N with the meridian of longitude 114 30 E, thence, due East along the parallel of 1200 N to its intersection with the meridian of 118 00 E, thence, due South along the meridian of longitude 11800 E to its intersection with the parallel of 1000 N, thence Southwestwards to the point of beginning at 740 N, latitude and 116 00 E longitude. are vital to the security and economic survival of the Philippines;WHEREAS, much of the above area is part of the continental margin of the Philippine archipelago;WHEREAS, these areas do not legally belong to any state or nation but, by reason of history, indispensable need, and effective occupation and control established in accordance with international law, such areas must now be deemed to belong and subject to the sovereignty of the Philippines;WHEREAS, while other states have laid claims to some of these areas, their claims have lapsed by abandonment and can not prevail over that of the Philippines on legal, historical, and equitable grounds.NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree as follows:SECTION 1. The area within the following boundaries:KALAYAAN ISLAND GROUPFrom a point [on the Philippine Treaty Limits] at latitude 740 North and longitude 11600 East of Greenwich, thence due West along the parallel of 7 40 N to its intersection with the meridian of longitude 11210 E, thence due north along the meridian of 11210 E to its intersection with the parallel of 900 N, thence northeastward to the inter-section of the parallel of 1200 N with the meridian of longitude 114 30 E, thence, due East along the parallel of 1200 N to its intersection with the meridian of 11800 E, thence, due South along the meridian of longitude 118 00 E to its intersection with the parallel of 1000 N, thence Southwestwards to the point of beginning at 740 N, latitude and 116 00 E longitude; including the sea-bed, sub-soil, continental margin and air space shall belong and be subject to the sovereignty of the Philippines. Such area is hereby constituted as a distinct and separate municipality of the Province of Palawan and shall be known as Kalayaan.SEC. 2. Pending the election of its regular officials and during the period of emergency declared in Proclamation No. 1081, and unless earlier provided by law, the administration and government of the area shall be vested in the Secretary National Defense or in such officers of the Armed Forces of the Philippines as may designate.SEC. 3. This Decree shall take effect immediately.RA. 9522, MARCH 10, 20092. TWO HUNDERED MILE EXCLUSIVE ECONOMIC ZONEPD. 1599, JUNE 11 1978ESTABLISHING AN EXCLUSIVE ECONOMIC ZONE AND FOR OTHER PURPOSES.There is established an exclusive economic zone extending "to a distance of two hundred nautical miles beyond and from the baselines from which the territorial sea is measured. Provided, That, where the outer limits of the zone as thus determined overlap the exclusive economic zone of an adjacent or neighboring state, the common boundaries shall be determined by agreement with the state concerned or in accordance with pertinent generally recognized principles or international law on delimitation." (Sec. 1 thereof.)

Other states shall enjoy in the exclusive economic zone freedoms with respect to navigations and overflight, the laying of submarine cables and pipelines, and other internationally lawful uses of the sea relating to navigation and communications. (Sec. 4 thereof.)Purposes: 1. Sovereign rights to explore, exploit, conserve and manage the natural resources, living or non-living, renewable or non-renewable of the seabed, subsoil, and superadjacent waters.Economic exploitation and exploration of the resources of the zone such as the production of energy from the water, currents and winds.2. Exclusive rights and jurisdiction with repect to the establishment and utilization of artificial islands, off-shore terminals, installations and structures; the preservation of the marine environment, including the prevention and control of pollution and scientific research3. Such other rights as are recognized by international law.WHEREAS, an exclusive economic zone extending to a distance of two hundred nautical miles from the baselines from which the territorial sea is measured is vital to the economic survival and development of the Republic of the Philippines;WHEREAS, such a zone is now a recognized principle of international law;Section 1. There is hereby established a zone to be known as the exclusive economic zone of the Philippines. The exclusive economic zone shall extend to a distance of two hundred nautical miles beyond and from the baselines from which the territorial sea is measured: Provided, That, where the outer limits of the zone as thus determined overlap the exclusive economic zone of an adjacent or neighboring state, the common boundaries shall be determined by agreement with the state concerned or in accordance with pertinent generally recognized principles of international law on delimitation.Section 2. Without prejudice to the rights of the Republic of the Philippines over it territorial sea and continental shelf, it shall have and exercise in the exclusive economic zone established herein the following;(a) Sovereignty rights for the purpose of exploration and exploitation, conservation and management of the natural resources, whether living or non-living, both renewable and non-renewable, of the sea-bed, including the subsoil and the superjacent waters, and with regard to other activities for the economic exploitation and exploration of the resources of the zone, such as the production of energy from the water, currents and winds;(b) Exclusive rights and jurisdiction with respect to the establishment and utilization of artificial islands, off-shore terminals, installations and structures, the preservation of the marine environment, including the prevention and control of pollution, and scientific research;(c) Such other rights as are recognized by international law or state practice.Section 3. Except in accordance with the terms of any agreement entered into with the Republic of the Philippines or of any license granted by it or under authority by the Republic of the Philippines, no person shall, in relation to the exclusive economic zone:(a) explore or exploit any resources;(b) carry out any search, excavation or drilling operations:(c) conduct any research;(d) construct, maintain or operate any artificial island, off-shore terminal, installation or other structure or device; or(e) perform any act or engage in any activity which is contrary to, or in derogation of, the sovereign rights and jurisdiction herein provided.Nothing herein shall be deemed a prohibition on a citizen of the Philippines, whether natural or juridical, against the performance of any of the foregoing acts, if allowed under existing laws.Section 4. Other states shall enjoy in the exclusive economic zone freedoms with respect to navigation and overflight, the laying of submarine cables and pipelines, and other internationally lawful uses of the sea relating to navigation and communications.Section 5. (a) The President may authorize the appropriate government office/agency to make and promulgate such rules and regulations which may be deemed proper and necessary for carrying out the purposes of this degree.(b) Any person who shall violate any provision of this decree or of any rule or regulation promulgated hereunder and approved by the President shall be subject to a fine which shall not be less than two thousand pesos (P2,000.00) nor be more than one hundred thousand pesos (100,000.00) or imprisonment ranging from six (6) months to ten (10) years, or both such fine and imprisonment, in the discretion of the court. Vessels and other equipment or articles used in connection therewith shall be subject to seizure and forfeiture.Section 6. This Decree shall take effect thirty (30) days after publication in the Official Gazette.UN CONVENTION ON THE LAW OF THE SEA, APRIL 30, 1982The exclusive economic zone which shall not extend beyond 200 nautical miles from baselines from which the breadth of the territorial sea is measured, is recognized in the UNCLOS, of which the Philippines is a signatory. Its concept is that although it is not part of the territory, exclusive economic benefit is reserved for the country.Understanding made upon signature and confirmed upon ratification: "1.The signing of the Convention by the Government of the Republic of the Philippines shall not in any manner impair or prejudice the sovereign rights of the Republic of the Philippines under and arising from the Constitution of the Philippines; 2.Such signing shall not in any manner affect the sovereign rights of the Republic of the Philippines as successor of the United States of America, under and arising out of the Treaty of Paris between Spain and the United States of America of December 10, 1898, and the Treaty of Washington between the United States of America and Great Britain of January 2, 1930; 3.Such signing shall not diminish or in any manner affect the rights and obligations of the contracting parties under the Mutual Defense Treaty between the Philippines and the United States of America of August 30, 1951, and its related interpretative instruments; nor those under any other pertinent bilateral or multilateral treaty or agreement to which the Philippines is a party; 4.Such signing shall not in any manner impair or prejudice the sovereignty of the Republic of the Philippines over any territory over which it exercises sovereign authority, such as the Kalayaan Islands, and the waters appurtenant thereto; 5.The Convention shall not be construed as amending in any manner any pertinent laws and Presidential Decrees or Proclamations of the Republic of the Philippines; the Government of the Republic of the Philippines maintains and reserves the right and authority to make any amendments to such laws, decrees or proclamations pursuant to the provisions of the Philippine Constitution; 6.The provisions of the Convention on archipelagic passage through sea lanes do not nullify or impair the sovereignty of the Philippines as an archipelagic state over the sea lanes and do not deprive it of authority to enact legislation to protect its sovereignty, independence, and security; 7.The concept of archipelagic waters is similar to the concept of internal waters under the Constitution of the Philippines, and removes straits connecting these waters with the economic zone or high sea from the rights of foreign vessels to transit passage for international navigation; 8.The agreement of the Republic of the Philippines to the submission for peaceful resolution, under any of the procedures provided in the Convention, of disputes under Article 298 shall not be considered as a derogation of Philippine sovereignty." CASE: MERLIN MAGALLONA ET AL, V. HON. EDUARDO ERMITA ET AL, GR. 1871674. BENHAM RISEBenham Plateau also known as the Benham Rise (with coordinates 1193OE to 132OOE and 121ON to 2O3ON latitude),is a 13 million hectare under sea region east of Luzon and is 35 meters underwater at its shallowest point off the provinces of Aurora and Isabela. It is delimited by the West Philippine Basin to the north and east. It is a seismically active undersea region and extinct volcanic ridge east of the Philippines, in the Philippine Sea which lies a number of Basins including the West Philippine Basin (WPB) of which inside the Basin is located the Central Basin Fault (CBF). The Benham Plateau region is located in the CBF and its basement represents a micro-continent. Several scientific survey analysis have been made to study its nature and its impact on tectonic subduction, including one about its effects on the 1990 Luzon earthquake, which devastated the northern city of Baguio. The area is solely claimed, as part of its continental shelf, by the Republic of the Philippines, which was confirmed by the United Nations Commission on the Limits of the Continental Shelf on April 12, 2012. Under the UNCLOS, a coastal states exclusive economic zone extends 370 kilometers (200 nautical miles) from its continental shelf, while its extended continental shelf extends for another 278 km (150 nautical miles). The UN now recognizes the Philippines claim and the countrys territory has increase to 43 million hectares from 30 million hectares.Named after the American geologist Andrew Benham who discovered the continental shelf, the area was mapped in 1933 but its connection to the Philippine shelf was validated only recently to justify the countys economic claim. Despite its proximity to the archipelago, the plateau was previously not included in the territory of the Philippine Islands. On 8 April 2009, the Republic of the Philippines lodged a full territorial waters claim with the United Nations Commission on the Limits of the Continental Shelf in relation to the continental shelf in the region of Benham Rise. It was submitted as part of petition expanding the archipelago's baselines and exclusive economic zone through a law that also included other claims involving disputed territories of the Kalayaan Islands (Spratly Islands) and Scarborough Shoal. Although the off shore landform, in itself, is not disputed, the petition still received some criticism inside and outside the country because of its controversial nature. According to the government's claim, based on a set of guidelines by the Commission on the Limits of the Continental Shelf, the area satisfies the 350-mile constraint line since the outer limits of the continental shelf are located landward of the constraint line, which is located 350 miles from the baselines where the measurement of the breadth of the territorial sea begins. Benham Rise was never a subject to any maritime boundary disputes and claims. The Congress of the Philippines enacted Republic Act No. 9522, also known as the Archipelagic Baselines Law, which is the basis of the claim. According to the document, the region is bounded by the Philippine Basin on the north and east, and by Luzon on the west and south. It asserted that, according to scientific data based on seismic, magnetic, other geological features, the Benham Rise region is an extension of the Philippines continental shelf.In summary, the baselines, the basis used for delineating the maritime territorial and jurisdictional zones, conform with the requirements of the UN Convention of the Law of the Sea (UNCLOS). Indirectly, the claim is only a partial claim since the law that allows the Philippines to expand its territorial boundaries also includes other disputed islands in the West Philippine Sea. The Philippines may soon be able to provide its own energy needs if it can extract abundant mineral, oil and natural gas of Benham Rise, which is believed to have mineral and gas deposits. The Philippines claim over Benham Rise is "very relevant" because scientific surveys indicate minerals and natural gas in the area. Solidified methane was found during mapping activities and the "probability is extremely very high" there are massive oil deposits. Benham Rise, which is wider than the entire Luzon, Samar, and Leyte combined, is now officially part of the Philippines because it is the only country within 200 nautical miles of the plateau.The United Nation has officially approved and recognized the claim of the Philippines in April of 2012, in strict compliance with the requirements of the United Nations Convention on the law of the Sea (UNCLOS). The Department of Environment and Natural Resources (DENR) has officially received a letter from UNCLOS informing the Philippines that Benham Rise is now part of the Philippine continental shelf and territory. The Philippines would soon benefit from the massive mineral and gas deposits in the region which would enable the country to achieve complete energy sufficiency.The Commission on the Limits of the Continental Shelf (CLCS) of the United Nations adopted in full the Republic of the Philippines Submission for an extended continental shelf on April 12, 2012 which includes part of the seabed that extends beyond 200 nautical miles from the countrys baselines covering a seabed area of 52,340 square miles. The geological and morphological analyses establish that Benham Rise is a natural prolongation of the landmass of Luzon that is distinct from the adjacent ocean floor. The connection between Benham Rise and Luzon is evident from its morphology particularly through the Palanan Saddles and Bicol which shows that Benham Rise is accreted to Luzon. The extent of this large igneous province reaches well beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. With the geological and morphological evidence, the Test of Appurtenance is proven and the Philippines is therefore entitled to delineate the outer limit of its continental shelf beyond 200 nautical miles.PART IV. CITIZENSHIPA. WHO ARE CITIZENS OF THE PHILIPPINESARTICLE IV SECTION 1 1987 PHILIPPINE CONSTITUTION1. CITIZENS AT THE TIME OF THE ADOPTION OF THE 1987 CONSTITUTIONI. CITIZENS UNDER THE 1935 CONSTITUTIONpp. 201 212 1987 PHILIPPINE CONSTITUTIONA. Philippine Bill of 1902 & Jones LawB. Caram Rule - Under the 1935 Constitution, those born in the Philippines of foreign parent, who before the adoption of the Constitution had been elected to public office in the Philippines are considered Filipino citizens.C. Those whose fathers were citizensD. Those who elected upon majority ageE. Those who were naturalizedSECTION 1. The following are citizens of the Philippines:(1) Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution.(2) Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands.(3) Those whose fathers are citizens of the Philippines.(4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship.(5) Those who are naturalized in accordance with law.SEC. 2. Philippine citizenship may be lost or re-acquired in the manner provided by law.II. CITIZENS UNDER THE 1973 CONSTITUTIONA. Those who already citizenB. Those whose fathers and mothers are citizensC. Those who elected Philippine CitizenshipD. Those who were naturalizedSECTION 1. The following are citizens of the Philippines:(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution.(2) Those whose fathers or mothers are citizens of the Philippines.(3) Those who elect Philippine citizenship pursuant to the provisions of the Constitution of nineteen hundred and thirty-five.(4) Those who are naturalized in accordance with law.SEC. 2. A female citizen of the Philippines who marries an alien shall retain her Philippine citizenship, unless by her act or omission she is deemed, under the law, to have renounced her citizenship.SEC. 3. Philippine citizenship may be lost or reacquired in the manner provided by law.SEC. 4. A natural-born citizen is one who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his Philippine citizenship.B. NATURAL BORN PRINCIPLE OF JUS SANGUINISCASE: TECSON V. COMELEC GR. 161434I. NATURAL BORN CITIZENS, ARTICLE 1V, SECTION 2II. WHO MUST BE NATURAL BORN CITIZENS:1. President (Article VII, section 2)2. Vice President (Article VII section 3)3. Members of the Congress (Article VI, section 3 6)4. Justice of the Supreme Court and lower collegiate courts (Article VIII, section 7 (1)5. Tanodbayan and his deputies (Article XI, section 8)6. Constitutional Commissions (Article IX, B. sec 1 (1); Article IX, C, sec 1(1); Article IX, D sec1 (1)7. Members of the Central Monetary Authority (Article XII sec. 20)8. Commissions on Human Rights (Article XIII, section 17(2)

Former natural born citizens as transferees of private landsArticle XII, section 8

A. THOSE NATURALIZED IN ACCORDANCE WITH LAW1. By Judicial Proceedinga. CA. No. 473 section 2-5, 7, 8, 15 & 18Section 2. Qualifications. Subject to section four of this Act, any person having the following qualifications may become a citizen of the Philippines by naturalization:First. He must be not less than twenty-one years of age on the day of the hearing of the petition;Second. He must have resided in the Philippines for a continuous period of not less than ten years;Third. He must be of good moral character and believes in the principles underlying the Philippine Constitution, and must have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in his relation with the constituted government as well as with the community in which he is living.Fourth. He must own real estate in the Philippines worth not less than five thousand pesos, Philippine currency, or must have some known lucrative trade, profession, or lawful occupation;Fifth. He must be able to speak and write English or Spanish and any one of the principal Philippine languages; andSixth. He must have enrolled his minor children of school age, in any of the public schools or private schools recognized by the Office of Private Education1 of the Philippines, where the Philippine history, government and civics are taught or prescribed as part of the school curriculum, during the entire period of the residence in the Philippines required of him prior to the hearing of his petition for naturalization as Philippine citizen.Section 3. Special qualifications. The ten years of continuous residence required under the second condition of the last preceding section shall be understood as reduced to five years for any petitioner having any of the following qualifications: Having honorably held office under the Government of the Philippines or under that of any of the provinces, cities, municipalities, or political subdivisions thereof; Having established a new industry or introduced a useful invention in the Philippines;Being married to a Filipino woman;Having been engaged as a teacher in the Philippines in a public or recognized private school not established for the exclusive instruction of children of persons of a particular nationality or race, in any of the branches of education or industry for a period of not less than two years;Having been born in the Philippines.Section 4. Who are disqualified. - The following cannot be naturalized as Philippine citizens:Persons opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments;Persons defending or teaching the necessity or propriety of violence, personal assault, or assassination for the success and predominance of their ideas;Polygamists or believers in the practice of polygamy;Persons convicted of crimes involving moral turpitude;Persons suffering from mental alienation or incurable contagious diseases;Persons who, during the period of their residence in the Philippines, have not mingled socially with the Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions, and ideals of the Filipinos;Citizens or subjects of nations with whom the United States 2and the Philippines are at war, during the period of such war;Citizens or subjects of a foreign country other than the United States 3whose laws do not grant Filipinos the right to become naturalized citizens or subjects thereof.Section 5. Declaration of intention. One year prior to the filing of his petition for admission to Philippine citizenship, the applicant for Philippine citizenship shall file with the Bureau of Justice4 a declaration under oath that it is bona fide his intention to become a citizen of the Philippines. Such declaration shall set forth name, age, occupation, personal description, place of birth, last foreign residence and allegiance, the date of arrival, the name of the vessel or aircraft, if any, in which he came to the Philippines, and the place of residence in the Philippines at the time of making the declaration. No declaration shall be valid until lawful entry for permanent residence has been established and a certificate showing the date, place, and manner of his arrival has been issued. The declarant must also state that he has enrolled his minor children, if any, in any of the public schools or private schools recognized by the Office of Private Education5 of the Philippines, where Philippine history, government, and civics are taught or prescribed as part of the school curriculum, during the entire period of the residence in the Philippines required of him prior to the hearing of his petition for naturalization as Philippine citizen. Each declarant must furnish two photographs of himself.Section 7. Petition for citizenship. Any person desiring to acquire Philippine citizenship shall file with the competent court, a petition in triplicate, accompanied by two photographs of the petitioner, setting forth his name and surname; his present and former places of residence; his occupation; the place and date of his birth; whether single or married and the father of children, the name, age, birthplace and residence of the wife and of each of the children; the approximate date of his or her arrival in the Philippines, the name of the port of debarkation, and, if he remembers it, the name of the ship on which he came; a declaration that he has the qualifications required by this Act, specifying the same, and that he is not disqualified for naturalization under the provisions of this Act; that he has complied with the requirements of section five of this Act; and that he will reside continuously in the Philippines from the date of the filing of the petition up to the time of his admission to Philippine citizenship. The petition must be signed by the applicant in his own handwriting and be supported by the affidavit of at least two credible persons, stating that they are citizens of the Philippines and personally know the petitioner to be a resident of the Philippines for the period of time required by this Act and a person of good repute and morally irreproachable, and that said petitioner has in their opinion all the qualifications necessary to become a citizen of the Philippines and is not in any way disqualified under the provisions of this Act. The petition shall also set forth the names and post-office addresses of such witnesses as the petitioner may desire to introduce at the hearing of the case. The certificate of arrival, and the declaration of intention must be made part of the petition.Section 8. Competent court.The Court of First Instance of the province in which the petitioner has resided at least one year immediately preceding the filing of the petition shall have exclusive original jurisdiction to hear the petition.Section 15. Effect of the naturalization on wife and children.Any woman who is now or may hereafter be married to a citizen of the Philippines, and who might herself be lawfully naturalized shall be deemed a citizen of the Philippines.Minor children of persons naturalized under this law who have been born in the Philippines shall be considered citizens thereof.A foreign-born minor child, if dwelling in the Philippines at the time of the naturalization of the parent, shall automatically become a Philippine citizen, and a foreign-born minor child, who is not in the Philippines at the time the parent is naturalized, shall be deemed a Philippine citizen only during his minority, unless he begins to reside permanently in the Philippines when still a minor, in which case, he will continue to be a Philippine citizen even after becoming of age.A child born outside of the Philippines after the naturalization of his parent, shall be considered a Philippine citizen, unless one year after reaching the age of majority, he fails to register himself as a Philippine citizen at the the fault of their parents either by neglecting to support them or by transferring them to another school or schools. A certified copy of the decree canceling the naturalization certificate shall be forwarded by the clerk of the Court to the Department of the Interior20 and the Bureau of Justice.21(e) If it is shown that the naturalized citizen has allowed himself to be used as a dummy in violation of the Constitutional or legal provision requiring Philippine citizenship as a requisite for the exercise, use or enjoyment of a right, franchise or privilege.b. RA. No. 530 sec 1 effect on the wife and childrenAN ACT MAKING ADDITIONAL PROVISIONS FOR NATURALIZATION

Section 1. The provisions of existing laws notwithstanding, no petition for Philippine citizenship shall be heard by the courts until after six months from the publication of the application required by law, nor shall any decision granting the application become executory until after two years from its promulgation and after the court, on proper hearing, with the attendance of the Solicitor General or his representative, is satisfied, and so finds, that during the intervening time the applicant has (1) not left the Philippines, (2) has dedicated himself continuously to a lawful calling or profession, (3) has not been convicted of any offense or violation of Government promulgated rules, (4) or committed any act prejudicial to the interest of the nation or contrary to any Government announced policies.2. By Administrative Proceeding (RA. 9139)3. By Direct Act of CongressRA 9225 Citizenship Retention and Re-acquisition Act of 2003.Approved on August 29, 2003 provides that, on taking the oath of allegiance to the public: a. Natural born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are deemed to have re-acquired Philippine citizenship and b. Natural born citizens of the Philippines who after the effectively of the said RA become citizens of a foreign country shall retain their Philippine citizenship.B. Loss of Citizenship -Article IV, section 3; CA 63Section 1. How citizenship may be lost. A Filipino citizen may lose his citizenship in any of the following ways and/or events:(1) By naturalization in a foreign country;(2) By express renunciation of citizenship;(3) By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining twenty-one years of age or more: Provided, however, That a Filipino may not divest himself of Philippine citizenship in any manner while the Republic of the Philippines is at war with any country;(4) By rendering services to, or accepting commission in, the armed forces of a foreign country: Provided, That the rendering of service to, or the acceptance of such commission in, the armed forces of a foreign country, and the taking of an oath of allegiance incident thereto, with the consent of the Republic of the Philippines, shall not divest a Filipino of his Philippine citizenship if either of the following circumstances is present:(a) The Republic of the Philippines has a defensive and/or offensive pact of alliance with the said foreign country; or(b) The said foreign country maintains armed forces on Philippine territory with the consent of the Republic of the Philippines: Provided, That the Filipino citizen concerned, at the time of rendering said service, or acceptance of said commission, and taking the oath of allegiance incident thereto, states that he does so only in connection with his service to said foreign country: And provided, finally, That any Filipino citizen who is rendering service to, or is commissioned in, the armed forces of a foreign country under any of the circumstances mentioned in paragraph (a) or (b), shall not be permitted to participate nor vote in any election of the Republic of the Philippines during the period of his service to, or commission in, the armed forces of said foreign country. Upon his discharge from the service of the said foreign country, he shall be automatically entitled to the full enjoyment of his civil and political rights as a Filipino citizen;(5) By cancellation of the of the certificates of naturalization;(6) By having been declared by competent authority, a deserter of the Philippine armed forces in time of war, unless subsequently, a plenary pardon or amnesty has been granted; and(7) In the case of a woman, upon her marriage to a foreigner if, by virtue of the laws in force in her husband's country, she acquires his nationality.1The provisions of this section notwithstanding, the acquisition of citizenship by a natural born Filipino citizen from one of the Iberian and any friendly democratic Ibero-American countries or from the United Kingdom shall not produce loss or forfeiture of his Philippine citizenship if the law of that country grants the same privilege to its citizens and such had been agreed upon by treaty between the Philippines and the foreign country from which citizenship is acquired.2Section. 2. How citizenship may be reacquired. Citizenship may be reacquired:(1) By naturalization: Provided, That the applicant possess none of the disqualification's prescribed in section two of Act Numbered Twenty-nine hundred and twenty-seven,3(2) By repatriation of deserters of the Army, Navy or Air Corp: Provided, That a woman who lost her citizenship by reason of her marriage to an alien may be repatriated in accordance with the provisions of this Act after the termination of the marital status;4 and(3) By direct act of the National Assembly.Section 3. Procedure incident to reacquisition of Philippine citizenship. The procedure prescribed for naturalization under Act Numbered Twenty-nine hundred and twenty-seven,5 as amended, shall apply to the reacquisition of Philippine citizenship by naturalization provided for in the next preceding section: Provided, That the qualifications and special qualifications prescribed in section three and four of said Act shall not be required: And provided, further,(1) That the applicant be at least twenty-one years of age and shall have resided in the Philippines at least six months before he applies for naturalization;(2) That he shall have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines, in his relations with the constituted government as well as with the community in which he is living; and(3) That he subscribes to an oath declaring his intention to renounce absolutely and perpetually all faith and allegiance to the foreign authority, state or sovereignty of which he was a citizen or subject.Section 4. Repatriation shall be effected by merely taking the necessary oath of allegiance to the Commonwealth6 of the Philippines and registration in the proper civil registry.Section 5. The Secretary of Justice shall issue the necessary regulations for the proper enforcement of this Act. Naturalization blanks and other blanks required for carrying out the provisions of this Act shall be prepared and furnished by the Solicitor General, subject to approval of the Secretary of Justice.Section 6. This Act shall take effect upon its approval.C. Citizenship Retention and Re-acquisition Act of 2003 RA 9225CASE: AASJS AND HECTOR CALILUNG V. DATUMANONG GR NO. 160969 MAY 11, 2007D. DUAL ALLEGIANCE ARTICLE IV, SECTION 4 AND 5; SECTION 40, RA 7160 LGCCASE: MERCADO V. MANZANO 307 SCRA 630 & VALLES V. COMELEC GR. 1370000

SECTION 40. Disqualifications. The following persons are disqualified from running for any elective local position:(a) Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment, within two (2) years after serving sentence;(b) Those removed from office as a result of an administrative case;(c) Those convicted by final judgment for violating the oath of allegiance to the Republic;(d) Those with dual citizenship;(e) Fugitives from justice in criminal or non-political cases here or abroad;(f) Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of this Code; and(g) The insane or feeble-minded.