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This document is a study guide for Constitutional Law 1 provided by Atty. Galeon of the University of San Carlos. It introduces political law and constitutional law, defining a constitution and outlining its purposes, types, qualities and essential parts. It discusses amendment vs revision, the procedures for amendment and revision under the 1987 Philippine Constitution, and relevant case law on these topics. The study guide is divided into multiple sections covering constitutional construction, supremacy, amendment and revision procedures, and notable cases related to amendment, the constituent power of Congress, theories on constitutional conventions, enabling laws for people's initiative, and elements of petitions.
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This document is a study guide for Constitutional Law 1 provided by Atty. Galeon of the University of San Carlos. It introduces political law and constitutional law, defining a constitution and outlining its purposes, types, qualities and essential parts. It discusses amendment vs revision, the procedures for amendment and revision under the 1987 Philippine Constitution, and relevant case law on these topics. The study guide is divided into multiple sections covering constitutional construction, supremacy, amendment and revision procedures, and notable cases related to amendment, the constituent power of Congress, theories on constitutional conventions, enabling laws for people's initiative, and elements of petitions.
This document is a study guide for Constitutional Law 1 provided by Atty. Galeon of the University of San Carlos. It introduces political law and constitutional law, defining a constitution and outlining its purposes, types, qualities and essential parts. It discusses amendment vs revision, the procedures for amendment and revision under the 1987 Philippine Constitution, and relevant case law on these topics. The study guide is divided into multiple sections covering constitutional construction, supremacy, amendment and revision procedures, and notable cases related to amendment, the constituent power of Congress, theories on constitutional conventions, enabling laws for people's initiative, and elements of petitions.
University of San Carlos Constitutional Law 1 Study Guide by Atty.
Galeon Room EH308 SDSG
INTRODUCTION
I. POLITICAL LAW That branch of public law that deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory. II. CONSTITUTIONAL LAW The study of the maintenance of the proper balance between authority as represented by the 3 inherent powers of the State and liberty as guaranteed by the Bill of Rights. III. CONSTITUTION The written instrument enacted by the direct action of the people by which a. the fundamental powers of the government are established, limited and defined, and by which b. those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic. Purposes: a. To prescribe a permanent framework of a system of a government b. To assign to the several departments their respective powers and duties c. To establish certain first principles on which the government is founded Types: We have a written, enacted and rigid Constitution a. According to Form 1. Written One whose precepts are embodied in 1 document or set of documents 2. Unwritten Consists of rules which have not been integrated into a single, concrete form but are scattered in various sources including statutes, judicial decisions, publicists commentaries, customs and traditions and certain common law principles. b. According to Origin 1. Conventional Enacted, formally struck off at a definite time and place following a conscious or deliberate effort taken by a constituent body or ruler 2. Cumulative Evolved, is the result of political evolution, not inaugurated at any specific time but changing by accretion rather than by any systematic method
c. According to Procedure of Amendment 1. Rigid One that can be amended only by a formal and usually difficult process 2. Flexible One that can be changed by ordinary legislation Qualities of a good written Constitution a. Broad 1. Covers the basics but provides for any contingencies b. Brief 1. Confines to basic principles which will be implemented with legislative details more adjustable to change c. Definite 1. No ambiguity to prevent confusion and division Essential Parts of a good written Constitution a. Constitution of Liberty 1. Bill of Rights (fundamental rights and constitutional limitations on governmental powers as a means to securing those rights b. Constitution of Government 1. Organization, power, duties and functions, limitation on powers, qualifications c. Constitution of Sovereignty 1. Method/procedures in amending or revising the Constitution Constitutional Construction a. Verba Legis 1. Words used in the Constitution must be given their ordinary meaning except where technical terms are employed b. Ratio Legis Est Anima 1. In case of ambiguity, words of the Constitution should be interpreted in accordance with the intent of the framers c. Ut Magis Valeat Quam Pereat 1. In case of conflicting provisions, the Constitution must be interpreted as a whole NOTE: In case of doubt, provisions are held to be self-executing; mandatory rather than directory; and prospective rather than retroactive
DOCTRINE OF CONSTITUTIONAL SUPREMACY The Constitution is the fundamental and supreme law.
University of San Carlos Constitutional Law 1 Study Guide by Atty. Galeon Room EH308 SDSG AMENDMENT AND REVISION
Article XVII, 1987 Constitution Section 1. Any amendment to, or revision of, this Constitution may be proposed by: 1. The Congress, upon a vote of three-fourths of all its Members; or 2. A constitutional convention. Section 2. Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein. No amendment under this section shall be authorized within five years following the ratification of this Constitution nor oftener than once every five years thereafter. The Congress shall provide for the implementation of the exercise of this right. Section 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention. Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision. Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of the sufficiency of the petition.
I. AMENDMENT VS REVISION A. Amendment 1. Any change that adds, reduces, deletes, without altering the principle involved. 2. Generally affects only the specific provision being amended 3. Isolated/piecemeal change B. Revision 1. Any change that alters any of the basic principles or tenets underlying the Constitution 2. Generally affects several provisions of the Constitution 3. Overhaul or revamp or rewriting the whole instrument
II. PROCEDURES IN AMENDMENT OR REVISION A. PROPOSAL 1. Revisions and Amendments Constituent Assembly a. Requires vote from all the members of Congress voting separately b. Is composed of members of Congress acting as a group to propose amendments to or revisions of the Constitution Constitutional Convention a. Requires 2/3 vote from all the members of Congress voting separately b. If Congress cannot decide, vote will be thrown to the people - majority c. Is composed of individuals who are deemed to have the expertise needed in proposing amendments to or revisions of the Constitution 2. Amendments only Peoples Initiative a. Directly proposed by the people through initiative upon petition signed by at least 12% of the total number of registered voters in the country, AND b. each legislative district must be represented by at least 3% of the total number of registered voters therein c. Requires an enabling law (Congress will provide for its implementation) d. Can only be availed of 5 years after ratification of the 1987 Constitution and once every 5 years thereafter B. RATIFICATION 1. Ratified by a majority vote in a plebiscite held under the Election Law, supervised by COMELEC and where only registered voters take part 2. Not earlier than 60 days nor later than 90 days after Approval by Congress (Constituent Assembly) Approval by Constitutional Convention Certification of Sufficiency of the petition by the COMELEC a. Form b. Substance
University of San Carlos Constitutional Law 1 Study Guide by Atty. Galeon Room EH308 SDSG III. RELEVANT CASES
A. Amendment and Revision 1. 2-part Test Quantitative a. Checks on number of provisions affected Qualitative a. Checks the degree of change to determine if any of basic principles underlying the Constitution have been affected Lambino vs COMELEC, GR 174153, 10/25/06
B. Constituent vs Legislative Power 1. Congress can transform itself into a Constituent Assembly through a vote of all members voting separately for the purpose of proposing changes to the Constitution AND 2. Pass the necessary implementing law using its legislative powers through a vote of 2/3 of all members voting separately Imbong vs COMELEC, GR L- 32432, 9/11/77
C. Congress has full discretion on the choice of method for proposal 1. Constituent Assembly 2. Constitutional Convention Occena vs COMELEC, GR L-56350, 4/2/81
D. Theories on position of Constitutional Convention 1. Theory of Conventional Supremacy Loomis vs Jackson, 6W. Va. 613 2. Convention is Inferior Woods Appeal, 79 Pa. 59 3. Independent and Co-Equal Mabanag vs Lopez Vito, 78 Phil 1
E. RA 6735 as Sufficient Enabling Law for Peoples Initiative 1. Insufficient and unconstitutional Defensor-Santiago vs COMELEC, GR 127325, 3/19/97 2. Sufficient Lambino vs COMELEC, GR 174153, 10/25/06 Minute Resolution on Motion for Reconsideration 10 votes
F. Elements of Petition in Peoples Initiative 1. The people must author and sign the entire proposal, no agent or representative can sign on their behalf 2. As an initiative upon a petition, the full proposal must be embodied in the petition Lambino vs COMELEC, GR 174153, 10/25/06
G. Doctrine of Proper Submission 1. Because the Constitution itself prescribes the timeframe within which the plebiscite is to be held, there can be no question as to the adequacy of time given to people for determination.
2. Ratification plebiscite can be held on the same day as a regular elections Gonzales vs COMELEC, GR L-28916, 11/9/67
3. No piecemeal submissions the word election was used in its singular sense means that the entire constitution must be submitted for ratification at 1 plebiscite only. Tolentino vs COMELEC, GR L-34150, 10/16/71
Plebiscite Referendum Ratification of proposed amendments; approval of particular amendment Consultation; getting public attention/ public sentiment on a certain issue
H. Judicial Review of Amendments 1. Subject to Judicial Review to determine whether or not the constitutional provisions had been followed FORM, not substance Sanidad vs COMELEC, GR L-44640, 10/12/76
University of San Carlos Constitutional Law 1 Study Guide by Atty. Galeon Room EH308 SDSG IV. JUDICIAL REVIEW
A. DEFINITION 1. Article VIII, Section 1, Paragraph 1 Judicial power to settle actual controversies involving rights which are legally demandable and enforceable Judicial power to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. 2. Article VIII, Section 4, Paragraph 2 Judicial power to test the constitutionality of a treaty, international or executive agreement, or law. Judicial power to test the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations
B. WHO MAY EXERCISE THE POWER OF JUDICIAL REVIEW 1. Supreme Court (Article VIII, Section 4, Paragraph 2) 2. Lower Courts (Article VIII, Section 5, Paragraph 2)
C. FUNCTIONS OF JUDICIAL REVIEW 1. Checking Check for grave abuse of discretion/unconstitutionality 2. Legitimating Legitimize extra-constitutional change 3. Symbolic Educate bench and bar on controlling principles and concepts of great importance
D. REQUISITES OF JUDICIAL REVIEW 1. Actual Case/Controversy There should be an actual and existing conflict of legal rights or an assertion of opposing legal claims at all stages of review, which can be resolved through the application of existing laws and jurisprudence Should not be a request for Advisory Opinion but maybe an action for declaratory relief Issue should not be moot and academic Issue should be ripe for adjudication (actual injury) Issue should not be premature (exhaust all options) Exceptions: a. There is grave violation of the Constitution or the rights provided therein b. There is paramount public interest and is of exceptional character c. Case is capable of repetition yet evasive of review d. Constitutional issue raised requires formulation of controlling principles to guide the bench, bar and the public 2. Locus Standi Constitutional question must be raised by the proper party with legal standing. To have legal standing, you must have a personal and substantial and material interest in the case such that you have sustained or will sustain a direct injury as a result Requirements: a. Direct Injury Test i. Citizens 1. Constitutionality of a statute a. There should be a direct and personal interest and that citizen sustained or will sustain some direct injury as a result of that statutes enforcement 2. Assertion of a public right a. Filipino citizen ii. Voters 1. Constitutionality of election law a. There should be obvious interest in the election law being questioned a b. party should be a registered voter iii. Taxpayers 1. There should be sufficient interest in preventing the illegal expenditure of funds derived from the taxing and spending power of Congress 2. And that he would sustain a direct injury as a result of the enforcement of the questioned statute or contract.
University of San Carlos Constitutional Law 1 Study Guide by Atty. Galeon Room EH308 SDSG iv. Legislators 1. There must be a claim that the official action complained of infringes upon their prerogatives as legislators. v. Government 1. Doctrine of Parens Patriae b. Facial Challenge i. Used only when a statute operates in the area of Freedom of Expression ii. Overbreadth Doctrine 1. Anyone can challenge the validity of the statute even though, as applied to him, it is not unconstitutional, but it might be if applied to others not before the court whose activities are constitutionally protected. 2. Rarely used since this is very difficult to prove since the challenger must establish that there can be no instance when the assailed law may be valid Exceptions: a. Issue is of paramount public interest b. Issue is of transcendental importance c. Issue is a matter of public concern and imbued with public interest
3. Earliest Opportunity with the Right Forum A constitutional issue must be raised in the pleadings before the competent court can resolve the case. If the issue of constitutionality is not raised during the pleadings, it cannot be raised during trial and onward. Exceptions: a. Criminal Cases can be raised at any time at the courts discretion b. Civil Cases can be raised at any stage in the proceedings If necessary to the determination of the case itself c. In every other case can be raised at any point if it involves jurisdiction of the court i. Exception: Unless when there is Estoppel 4. Lis Mota The decision on the constitutionality question must be determinative of the case itself The outcome of the case rests on the decision on the question of unconstitutionality Because of the Doctrine of Separation of Powers, courts are loathe to decide constitutional questions and as long as the case can be decided on some other merit, it will not touch the issue of constitutionality.
E. EFFECTS OF DECLARATON OF UNCONSTITUTIONALITY 1. Orthodox View An unconstitutional act is not a law: a. It confers no rights b. Imposes no duties c. Affords no protection d. Creates no office e. It is inoperative, as if it had never been passed at all It is usually used when the law was declared unconstitutional a short time after its effectivity 2. Modern View Courts simply refuse to recognize the law and will determine the rights of the parties as if the law in question did not exist. It is usually used when there is a significant amount of time between the date the said law became effective and the date it was declared unconstitutional This is to protect the rights which may have already vested by people who acted in good faith upon reliance of the aforementioned law
F. PARTIAL UNCONSTITUTIONALITY 1. With respect to the Doctrine of Separation of Powers, courts will hesitate to declare a law totally unconstitutional and will always attempt to salvage the valid portions of it. 2. Requisites for Declaration of Partial Unconstitutionality The legislative is willing to retain the valid portions a. Expressed through a Separability Clause The valid portions can stand independently as a separate law
University of San Carlos Constitutional Law 1 Study Guide by Atty. Galeon Room EH308 SDSG G. POLITICAL QUESTIONS VS JUSTICIABLE QUESTIONS 1. Political Question An issue is a political question when it does not deal with the interpretation of a law and its application to a case, but with the very wisdom of the law itself. a question of policy: a. those questions which, under the Constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the Legislature or executive branch of the Government. It is concerned with issues dependent upon the wisdom, not legality, of a particular measure. Political questions are a limitation on the power of Judicial Review so that the Judiciary will not encroach on the duties and responsibilities of the both the Legislative and Executive branches. FOCUS: Wisdom of the Law
2. Justiciable Questions An issue that can resolved upon the interpretation and application of an existing law together with precedent judicial decisions FOCUS: Legality of the Law
3. SC will not decide on a political question due to the following reasons: a. Lack of judicially discoverable and manageable standards for resolving it b. Impossibility of deciding without an initial policy determination of a kind clearly for non-judicial discretion c. Impossibility of a courts undertaking independent resolution without expressing lack of the respect due coordinate branches of government d. An unusual need for unquestioning adherence to a political decision already made e. Potentiality of embarrassment from multifarious pronouncements by various departments on one question
THE PHILIPPINES AS A STATE
I. DEFINITIONS A. STATE A community of persons, more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing a government to which a great body of inhabitants render habitual obedience. A legal or juristic concept B. NATION A non-juristic concept made of people bound together by an awareness of community interests based upon one or more factors such as racial, cultural identity, language, common economic and social interdependence or other bonds of organic unity. An ethnic or racial concept C. NATION STATE Where different races living together as a political group acquire a community of cultural and economic interests and develop common sympathies and aspirations. D. GOVERNMENT An instrumentality of the State through which the will of the State is implemented and realized.
II. ELEMENTS OF STATE A. PEOPLE Requisites for Statehood: Adequate number of people for self sufficiency and defense People should be of both genders for perpetuity Inhabitants Sec. 2, Art III; Sec. 1, Art XIII Citizens Preamble; Secs. 1&4, Art II; Sec. 7, Art III Voters/Electors Sec. 4, Art VII
B. TERRITORY Covers: The national territory comprises the Philippine Archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. a. Sec. 1, Art I University of San Carlos Constitutional Law 1 Study Guide by Atty. Galeon Room EH308 SDSG Waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. a. Archipelagic Doctrine, 2 nd sentence, Sec. 1, Art I Components: a. Terrestrial Domain landmass b. Fluvial/Maritime Domain Internal and Territorial Water c. Aerial Domain Air space over and above the territory Treaty Limitations: Treaty of Paris, 12/10/1898 a. Spain to US Philippine Islands Treaty of Washington, 11/7/1900 a. Spain to US Sibutu, Cagayan and Sulu US & Great Britain Treaty, 1/2/1930 a. Great Britain to US Turtle and Mangsee Islands
Territories with Philippine Jurisdiction Batanes (1935 Constitution) Those belonging to the Philippines by historic right or legal title a. Spratly Islands b. Sabah Scarborough Shoal (PD 4596)
Determination of National Territorial Seas RA 3046 (June 17, 1961) a. All waters within the baselines provided for in Section 1 hereof are considered inland or internal waters of the Philippines. RA 5446 (September 8, 1968) - Amended RA 3046, a. Drew straight line baselines around the Philippines. PD No. 1596, June 11, 1978 (other territories) a. Claim to Kalayaan Island Group on historical basis and indispensible need. PD No. 1599, June 11, 1978 a. 200 Mile Exclusive Economic Zone from baseline U.N. Convention on the Law of the Sea a. Distinguished between an archipelagic state and an archipelago. b. The former means a state composed of one or more archipelagos & may include other islands; the latter refers to a group of islands, including parts of islands, interconnecting waters and other natural features which are closely interrelated. c. Following the definition of an archipelago, Batanes Island falls within the area of the Philippine archipelago. d. Stipulated that: Internal waters Inside the baseline Terrestrial waters 12 nautical miles from baseline Part of national territory Contiguous Zone 24 nautical miles from edge of Terrestrial waters Hot pursuit area Exclusive Economic Zone 200 nautical miles from edge of Contiguous Zone e. Does not resolve the question of Sabah since it only pertains to sea rights and not to the acquisition or disposal of territory
Straight baseline method a. Used in Archipelagic States b. Straight lines are drawn connecting selected points on the coast without appreciable departure from the general shape of the coast. RA 3046 & RA 5446 drew straight baselines around the Philippines
University of San Carlos Constitutional Law 1 Study Guide by Atty. Galeon Room EH308 SDSG C. GOVERNMENT The agency or instrumentality of the State through which the will of the State is formulated, expressed and realized. Government of the Philippines Sec. 2(1), Administrative Code of 1987 The corporate governmental entity through which the functions of the government are exercised throughout the Philippines, including, save as the contrary appears from the context, the various arms through which political authority is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of local government. Functions: Constituent a. Mandatory constitutes the very bonds of society samples: maintenance of peace and order regulation of property and property rights administration of justice Ministrant a. Optional (supposedly) Intended to promote welfare, progress and prosperity of the people Samples: National banking (PNB) Doctrine of Parens Patriae Parent of the People Government may act as a guardian of the rights of the people when they may be disadvantaged or suffering from some disability or misfortune
Classification of Government According to Origin a. De Jure has rightful title No power or control, either because this has been withdrawn from it, or because it has not yet actually entered into the exercise thereof.
b. De Facto Government of fact, that is, it actually exercises power or control without legal title Kinds: a government that gets possession and control of, or usurps by force or by the voice of the majority, the rightful legal government and maintains itself against the will of the latter a government established as an independent government by the inhabitants of a country who rise in insurrection against the parent state a government established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which is denominated as a government of paramount force According to Structure a. Presidential Separation of executive and legislative powers b. Parliamentary Executive and legislative powers are fused in Parliament although actual exercise is vested in a Prime Minister who is chosen by and held accountable to, Parliament According to Organization a. Unitary Single, centralized government exercising control over internal and external affairs of the State b. Federal Autonomous state government unit merged into a single State. State units handle internal matters while national government handle all external affairs of the State University of San Carlos Constitutional Law 1 Study Guide by Atty. Galeon Room EH308 SDSG D. SOVEREIGNTY The supreme and uncontrollable power inherent in a State by which the State is governed Kinds: Legal & Political a. Legal Sovereignty - Power to issue final commands and laws b. Political Sovereignty - is the sum total of all its influences which lie behind legal sovereignty Internal & External a. Internal Sovereignty - Supreme power over anything within its territory (domestic affairs) b. External Sovereignty independence or freedom from external control (external affairs) Characteristics Permanence Exclusiveness Comprehensiveness Absoluteness a. Subject to the provisions of treaties and law of nations and public international law Indivisibility Inalienability Imprescriptibility Effects of Change in Sovereignty (successful revolution) Political laws are completely abrogated/annulled a. Unless they are retained or re-enacted by positive act of the new sovereign or ruling party Municipal laws and other non-political laws remain in force Effects of Belligerent Occupation No change in Sovereignty a. Political laws are suspended Except for laws on treason (disloyalty during war Articles of War and Military Tribunals) Members of the military and AFP are not included b. Municipal laws and other laws that are not political in nature (laws governing property/obligations/etc) remain in force Unless abrogated by belligerent occupant At end of belligerent occupation a. Political laws are automatically reinstated Doctrine of Jus Postliminium
b. Judicial decisions made during belligerent occupation shall remain valid Except for those political in nature These will be abrogated/annulled Dominium Capacity of the State to own or acquire property, including lands held by the State in its propriety capacity Covers such rights as title to land, exploitation and use of it, and disposition or sale of the same. Regalian doctrine a. All lands of the public domain belong to the State, and anyone claiming title has the burden to show ownership, comes within this concept. b. In this capacity, the State descends to the status of ordinary persons and thus becomes liable as such. Imperium Authority possessed by the State embraced in the concept of sovereignty States authority to govern. Covers such activities as passing laws governing a territory, maintaining peace and order over it, and defending it against foreign invasion. When the State acts in this capacity, it generally enjoys sovereign immunity. Jurisdiction Jurisdiction is the manifestation of sovereignty. The jurisdiction of the state is understood as both its authority and the sphere of the exercise of that authority Kinds: a. Territorial jurisdiction authority of the State to have all persons and things within its territorial limits to be completely subject to its control and protection
University of San Carlos Constitutional Law 1 Study Guide by Atty. Galeon Room EH308 SDSG Exempt: Foreign States Foreign Heads of State/Diplomatic Representatives/Consuls to a certain degree no criminal or civil liability a. Exceptions: i. Diplomatic agent holds immovable property in the receiving state in his private capacity (refuses to pay purchase price of condo) ii. Instances involving succession (diplomatic agent is named as administrator or heir) iii. Diplomatic agent is engaged in professional or commercial activity outside of his official function (diplomatic agent has a license for medical practice) b. NOTE: Diplomatic agents except consuls STILL CANNOT be held liable for any act in violation of any of our laws i. Diplomatic agents will be deported and declared persona non grata c. EXCEPT: Consuls will be liable Foreign State property including embassies, consulates and public vessels engaged in non- commercial activities Acts of State Foreign merchant vessels exercising rights of innocent passage or involuntary entry (arrival under stress) Foreign armies passing through or stationed in its territory with its permission Such other persons or property, including organizations like UN b. Personal jurisdiction Authority of the State over its nationals, their persons, property, and acts, whether within or outside its territory. (e.g. Art 15, CC) c. Extraterritorial jurisdiction Power exercised by the State beyond its territory in the following cases: Nationality Principle (Art. 15, CC) Territoriality Principle (Art. 2, RPC) Extra-Territoriality Principle (Art. 2, RPC) Exercise of limited jurisdiction over contiguous zones and patrimonial sea to prevent infringement of customs, fiscal, immigration or sanitary regulations Exercise of jurisdiction in high seas over piracy under the Doctrine of Hot Pursuit Enjoyment of easements or servitudes a. Easement of innocent passage b. arrival under stress waiver of jurisdiction within its territory a. foreign army is stationed within the territory By virtue of its relations with other states, the establishment of colonial protectorate, condominium or administer a trust territory or occupies enemy territory during war