ARTICLE I THE NATIONAL TERRITORY

The national territory of the Philippines comprises:

1. The Philippine archipelago
2. With all the islands and waters embraced therein
3. And all other territories over which the Philippines has sovereignty or jurisdiction
4. Consisting of its
1. Terrestrial
2. Fluvial; and CODE: TFA
3. Aerial domains
5. Including its
1. Territorial sea
2. The seabed
3. The subsoil CODE: TSSIO
4. The insular shelves; and
5. The other submarine areas
6. The waters
1. Around
2. Between and
3. Connecting
4. The islands of the archipelago CODE: ABCI
Regardless of their breadth and dimensions
Form part of the INTERNAL WATERS of the Philippines
Definition of Archipelago
An archipelago is a body of water studded with islands. The Philippine archipelago is that body of
water studded with islands which is delineated in the Treaty of Paris (1898), as amended by the
Treaty of Washington (1900) and the Treaty of Great Britain (1930).
Definition of all other territories over which the Philippines has sovereignty or jurisdiction
It includes any territory that presently belongs or might in the future belong to the Philippines through
any of the internationally accepted modes of acquiring territory.
Archipelagic principle
Two elements:
1. The definition of internal waters (as provided above);
2. The straight baseline method of delineating the territorial sea consists of drawing straight lines
connecting appropriate points on the coast without departing to any appreciable extent from the
general direction of the coast.
Important distances with respect to the waters around the Philippines
1. Territorial sea - 12 nautical miles (n.m.)
2. Contiguous zone - 12 n.m. from the edge of the territorial sea
3. Exclusive economic zone - 200 n.m. from the baseline [includes (1) and (2)]



ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES
Selected principles
Sec 1. The Philippines is a democratic and republican State. Sovereignty resides in the
people and all government authority emanates from them.
Elements of a State (for municipal law purposes) CODE: PTSG
1. A community of persons, more or less numerous (PEOPLE)
2. Permanently occupying a definite portion of territory (TERRITORY)
3. Independent of external control (SOVEREIGNTY)
4. Possessing an organized government to which the great body of inhabitants render habitual
obedience (GOVERNMENT)
Definition of People CODE: CNCH
1. A Community of persons;
2. Sufficient in Number;
3. Capable of maintaining the continued existence of the community; and
4. Held together by a common bond of law.
Definition of Sovereignty
1. LEGAL sovereignty
1. The supreme power to make law.
2. It is lodged in the people.

1. POLITICAL sovereignty
1. The sum total of all the influences in a state,
2. Legal and non-legal,
3. Which determine the course of law.
1. According to the Principle of AUTO-LIMITATION:
Sovereignty is the property of the state-force due to which it has the exclusive capacity of legal self-
determination and self-restriction.
Definition of Government
1. That institution or aggregate of institutions
2. by which an independent society
3. makes and carries out those rules of action
4. which are necessary to enable men to live in a social state
5. or which are imposed upon the people forming that society by those who possess the power or
authority of prescribing them.
Classification of governments
1. De jure one established by the authority of the legitimate sovereign
2. De facto one established in defiance of the legitimate sovereign

Classification of de facto governments
1. De facto proper
1. That government that gets possession and control of
2. or usurps by force or by the voice of majority
3. the rightful legal government
4. and maintains itself against the will of the latter.
1. Government of paramount force
1. That which is established and maintained by military forces
2. who invade and occupy a territory of the enemy
3. in the course of war.
1. That established as an independent government by the inhabitants of a country who rise
in insurrectionagainst the parent state.
Definition of Republican State
It is one wherein all government authority emanates from the people and is exercised by
representatives chosen by the people.
Definition of Democratic State
This merely emphasizes that the Philippines has some aspects of direct democracy such as initiative
and referendum.
Sec. 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 with all nations.

Kind of war renounced by the Philippines
The Philippines only renounces AGGRESSIVE war as an instrument of national policy. It does not
renounce defensive war.
Some generally accepted principles of international law recognized by the Court:
1. Right of an alien to be released on bail while awaiting deportation when his failure to leave the
country is due to the fact that no country will accept him (Mejoff v. Director of Prisons, 90 Phil. 70)
2. The right of a country to establish military commissions to try war criminals (Kuroda v.
Jalondoni, 83 Phil. 171)
3. The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195)
Amity with all nations
This does not mean automatic diplomatic recognition of all nations. Diplomatic recognition remains
a matter of executive discretion.
Sec 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the
Philippines is the protector of the people and the State. Its goal is to secure the sovereignty
of the State and the integrity of the national territory.

Civilian authority/supremacy clause (1
st
sentence)
1. Civilian authority simply means the supremacy of the law because authority, under our
constitutional system, can only come from law.
2. Under this clause, the soldier renounces political ambition.

Mark of sovereignty (2
nd
and 3
rd
sentences)
1. Positively, this clause singles out the military as the guardian of the people and of the integrity of
the national territory and therefore ultimately of the majesty of the law.
2. Negatively, it is an expression of disapproval of military abuses.

Sec 4. The prime duty of the Government is to serve and protect the people. The
Government may call upon the people to defend the State and, in the fulfillment thereof, all
citizens may be required, under conditions provided by law, to render personal, military, or
civil service.
Sec. 5. The maintenance of peace and order, the protection of life, liberty and property, and
the promotion of the general welfare are essential for the enjoyment by all the people of the
blessings of democracy.
Sec. 6. The separation of Church and State shall be inviolable.
Selected state policies
Sec. 7. The State shall pursue an independent foreign policy. In its relations with other
states, the paramount consideration shall be national sovereignty, territorial integrity,
national interest, and the right to self-determination.
Sec. 8. The Philippines, consistent with the national interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory.
Policy of freedom from nuclear weapons
1. The policy PROHIBITS:
1. The possession, control and manufacture of nuclear weapons
2. Nuclear arms tests.
1. The policy does NOT prohibit the peaceful uses of nuclear energy.
Sec. 12. The State recognizes the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution. It shall equally protect the life of the mother
and the life of the unborn from conception. etc.

Principle that the family is not a creature of the state.
Protection for the unborn
1. It is not an assertion that the unborn is a legal person.
2. It is not an assertion that the life of the unborn is placed exactly on the level of the life of the
mother. Hence, when it is necessary to save the life of the mother, the life of the unborn may be
sacrificed.
3. Under this provision, the Roe v. Wade doctrine allowing abortion up to the 6
th
month of pregnancy
cannot be adopted in the Philippines because the life of the unborn is protected from the time of
conception.
Sec. 16. The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature.
1. While the right to a balanced and healthful ecology is found under the declaration of Principle and
State Policies and not under the Bill of Rights, it does not follow that it is less important than any of
the civil and political rights enumerated in the latter. (Oposa v. Factoran)
2. The right to a balanced and healthful ecology carries with it the correlative duty to refrain from
impairing the environment. (Oposa v. Factoran)
Sec. 26. The State shall guarantee equal access to opportunities for public service, and
prohibit political dynasties as may be defined by law.
Sec. 27. The State shall maintain honesty and integrity in the public service and take positive
and effective measures against graft and corruption.
Sec. 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.

Reference:
Political Law (Constitutional Law) Reviewer & Memory Aid
Ateneo Central Bar Operations 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald