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PHILIPPINE GOVERNMENT AND CONSTITUTION 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 jurisdiction 4. Consisting of its a. Fluvial b. Aerial domains c. Terrestrial 5. Including its a. Seabed b. Insular shelves c. Subsoil d. Other submarine areas e. Territorial sea 6. The waters a. Around b. Between and c. Connecting
    PHILIPPINE GOVERNMENT AND CONSTITUTIONARTICLE I – THE NATIONAL TERRITORY The national territory of the Philippines comprises:1. The Philippine archipelago2. With all the islands and waters embraced therein3. And all other territories over which the Philippines has sovereignty or  jurisdiction4. Consisting of itsa. F luvial CODE: FAT  b. A erial domainsc. T errestrial5. Including itsa. S eabedb. I nsular shelvesc. S ubsoild. O ther submarine areas CODE: SISOT  e. T erritorial sea6. The watersa. A roundb. B etween andc. C onnectingThe Islands of the archipelago CODE: ABC  Regardless of their breadth and dimensionsForm part of the INTERNAL WATERS of the Philippines 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 withoutdeparting 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 sea3. Exclusive economic zone - 200 n.m. from the baseline [includes (1) and (2)] ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIESS EC 1. The Philippines is a democratic and republican State. Sovereignty residesin the people and all government authority emanates from them.Elements of a State CODE: PTSG  1. A community of persons, more or less numerous ( P EOPLE)2. Permanently occupying a definite portion of territory ( T ERRITORY)3. Independent of external control ( S OVEREIGNTY)4. Possessing an organized government to which the great body of inhabitants render habitual obedience ( G OVERNMENT)    ARTICLE III – BILL OF RIGHTSSection 1. No person shall be deprived of life, liberty or property without dueprocess of law, nor shall any person be denied the equal protection of the laws.Aspects of “Due Process”: 1. Procedural due process – refers to the mode of procedure which governmentagencies must follow in the enforcement and application of laws.2. Substantive due process – prohibition against arbitrary laws. Requisites of PROCEDURAL due process:For JUDICIAL proceedings: CODE: C J O N H 1. A c ourt or tribunal clothed with judicial power to hear and determinethe matter before it.2. J urisdiction must be lawfully acquired over the person of thedefendant or over the property which is the subject of theproceedings.3. The defendant must be given n otice   and an o pportunity   to be heard.4. Judgment must be rendered upon a lawful h earing. (FYI only) 1. The school has a contractual obligation to afford its students a fair opportunityto complete the course a student has enrolled for.2. Exceptions:3. Serious breach of discipline; or 4. Failure to maintain the required academic standard.5. Proceedings in student disciplinary cases may be summary; cross-examination is not essential Requisites of SUBSTANTIVE due process: 1. The INTERESTS  of the public generally, as distinguished from those of aparticular class, requires the interference by the government and2. The MEANS  employed are necessary for the accomplishment of the purposeand not unduly oppressive upon individuals. Equal Protection of the law  The equality that it guarantees is legal equality or the equality of all persons before thelaw. It does not demand absolute equality. It merely requires that all persons shall betreated alike, under like circumstances and conditions both as to privileges conferredand liabilities enforced. Requisites for valid classification for purposes of the equal protection clauseThere is valid classification if : CODE: SEGE 1. The is S UBSTANTIAL DISTINCTIONS2. NOT LIMITED TO E XISTING CONDITIONS only3. Be G ERMANE to the purposes of the law4. APPLY E QUALLY to all members of the SAME CLASS. Section 2. The riht of the eole to be secure in their ersons houses aers    shall issue except upon probable cause to be determined personally by the judgeafter examination under oath or affirmation of the complainant and the witnesseshe may produce, and particularly describing the place to be searched and theperson or things to be seized.General Rule: Search and seizures are unreasonable UNLESS authorized by a validlyissued search warrant or warrant of arrest Requisites for a valid warrant: CODE: P J E D 1. It must be issued upon P ROBABLE CAUSE.2. The existence of probable cause is determined   personally by the J udge.3. The judge must E XAMINE UNDER OATH the complainant and the witnesseshe may produce.4. The warrant must PARTICULARLY D ESCRIBE the place to be searched andperson or things to be seized. VALID WARRANTLESS SEARCH CODE: C O P S S W I M 1. Search made as an i ncident to lawful arrestThe search must be made simultaneously with the arrest and it may only bemade in the area within the reach of the person arrested2. Search of  m oving vehiclesThe search of a moving vehicle must be based on probable cause.3. Seizure of goods concealed to avoid c ustoms authoritiesInclude searches at borders and seaports of entry.4. Seizure of evidence in p lain viewThe articles must be open to the eye and hand AND the peace officer must be inright place and time without any intervention on his part.5. W aiver of right6. O cular inspections during checkpoints7. S anitary inspections8. S top and Frisk with probable cause VALID WARRANTLESS ARRESTS CODE: IHF 1. When the person to be arrested has committed, is actually committing, or is about tocommit an offense in the presence of the arresting officer. ( I n flagrante delicto)2. When an offense has in fact just been committed and the arresting officer haspersonal knowledge of facts indicating that the person to be arrested has committedit. ( H ot Pursuit)3. When the person to be arrested is a prisoner who has escaped from a penalestablishment or place where he is serving final judgment or temporarily confinedwhile his case is pending, or has escaped while being transferred from oneconfinement to another. ( F ugitive)    Section 3. (1) The privacy of communication and correspondence shall beinviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law.(2) Any evidence obtained in violation of this or the preceding section shall beinadmissible for any purpose in any proceedings.Types of communication protected: Letters, messages, telephone calls, telegrams and the like. Exclusionary rule: Any evidence obtained shall be inadmissible for any purpose in any proceeding. Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or of the right of the people peaceably to assembleand petition the government for redress of grievances.Prohibitions 1. Prohibition against PRIOR RESTRAINT2. Prohibition against SUBSEQUENT PUNISHMENT Prior restraint means official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination. Freedom of Speech  The doctrine on freedom of speech was formulated primarily for the protection of  “core” speech , i.e. speech which communicates political, social or religious ideas. Theseenjoy the same degree of protection. Rules on assembly in public places: i. Applicant should inform the licensing authority of the date, the publicplace where and the time when the assembly will take place.ii. The application should be filed ahead of time to enable the public officialconcerned to appraise whether there are valid objections to the grant of the permit or to its grant, but in another public place.iii. If the public authority is of the view that there is an imminent and gravedanger of a substantive evil, the applicants must be heard on the matter.iv. The decision of the public authority, whether favorable or adverse, mustbe transmitted to the applicants at the earliest opportunity so that theymay, if they so desire, have recourse to the proper judicial authority. Rules on assembly in private properties: Only the consent of the owner of the property or person entitled to possessionthereof is required.
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