International Relations : Philippines as a State 💅

(PEOPLE) Permanent Population

• For a state to survive the number (quality) must be present. 

• Overpopulated → cannot sustain needs (e.g China with the one child policy) 

• Underpopulated → aging population, younger population are not doing their part. Risks the continuity of the state ( e.g Italy, Japan) 

Article 4: CITIZENSHIP 

SUMMARY:

Section 1: The following are citizens of the Philippines,or who are considered as the citizens of the Philippines.

Section 2: Who are natural-born citizens

Section 3:  Philippine citizenship may be lost or reacquired in the manner provided by law

Section 4: Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission, they are deemed, under the law, to have renounced it.  

Section 5: Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

Article 4, Section 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 born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and

4. Those who are naturalized in accordance with law.

Article 4, Section 2.

Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

Article 4, Section 3.

“Philippine citizenship may be lost or reacquired in the manner provided by law”

Article 4, Section 4.

“Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission, they are deemed, under the law, to have renounced it. “

Article 4, Section 5.

“Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.”

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 born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and

4. Dual Citizens

5. Article 4, Section 2.

Who are natural born citizens?

Article 4. Section 1:

1. Section 1

2. Section 2

3. Section 3

4. Additional _________.

These natural born citizens conform to the 5. __________ who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship

1. Natural-born citizens

2. Naturalized

Two types of Citizenship

1. __________Article 4, Section 1 (paragraph 1 to 3) + Dual Citizens

2. ___________ Underwent a way to perfect their Filipino Citizenship,

Jus Sanguinis

• Blood relations 

  • Which blood relations → fathers OR mothers

    • Filipino citizens based by blood relationship REGARDLESS OF PLACE OF BIRTH 

Jus Soli

is a rule of law that a child's citizenship is determined by his or her place of birth

1. Voluntary ( Naturalization)

2. Involuntary ( By Birth

Two modes of Acquiring Citizenship

Voluntary

1. By naturalization in a foreign country (RA 9225)

2. By express renunciation of citizenship;

3. By subscribing to an oath of allegiance to support the constitution and laws of a foreign country, and

4. By rendering service to, or accepting commission in, the armed forces of a foreign country (except under certain circumstances)

Involuntary

1. By the cancellation of his certificate of naturalization by the court

2. By having been declared by the competent authority, a deserter in the Philippine armed forces in time of war

Two Modes of Losing Citizenship

Repatriation

Re-acquisition of one’s citizenship. The recovery of original citizenship of deserters of the Philippine armed forces and women who lost their citizenship by reason of marriage to an alien, after the termination of their marital status

Expatriation

the voluntary loss or renunciation of one’s citizenship

Dual Citizenship

arises when, as a result of the concurrent application of the different laws of two or more states, a person is simultaneously considered a national by the said states

Dual Allegiance

__________of citizens is inimical to the national interest and shall be dealt with by law.

Citizenship

• It is a membership in a political community

• It is legally based.

• It’s a person’s relationship with the state because the state’s government is the one that designates an individual as a citizen

Nationality

is a more ethnic or racial concept; We naturally get this during birth from our parents, and it cannot be changed because it’s innate.

1. Citizenship

2. Nationality

We could change our 1._________, renounce it, and undergo naturalization, but we cannot do it with 2.___________.

1. Be at least 21 years old.

2. Have resided in the Philippines for a continuous period of at least 10 Years.

3. Possess good moral character and have no criminal record.

4. Be able to speak and write in Filipino or any of the Philippine regional languages.

5. Have a thorough understanding of the Philippine government, culture, and history, or at least be enrolled in a school where the history and culture of the Philippines are taught

6. Must own a property valued at no less than 5,000PhP

7. The applicant must have mingled with the Filipinos with a sincere desire to learn and embrace the customs, traditions, and ideals of the Filipino people

8. None of the disqualifications

Naturalization Qualifications CA 473 of 1939

Types of people under the 1987 Philippine Constitution(3).

1. Citizens

2. Voters

3. Inhabitants

1. _________natural or naturalized (+ Dual Citizens)  Enjoys Political and Civil Privileges.

2. _________segment of the population that possesses the right of suffrage

3. __________Any person who lives in or occupies a place, regardless of citizenship

   An ___________ can be:

   • A Filipino citizen

   • A foreigner living in the Philippines

   • A resident alien

   • A stateless person residing in the country

Article 5. Suffrage

SECTION 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.

1. Citizens of the Philippines

2. Not otherwise disqualified by law,

3. who are at least eighteen years of age

4. Who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election.

Four Qualifications of Voters

1. Convicted of crimes involving:( not less than 1 year) 

   • Treason, rebellion, or disloyalty

2. Moral turpitude

3. Offenses with over 1 year imprisonment (unless rights restored)

4. Declared insane or incompetent by a court

5. Not meeting residency or age requirements

Who are Disqualified in Election

1. Residency

2. Flying Voters

1. ___________will serve as your basis on where you are allowed to vote

   • “The Voter’s Registration Act of 1996.”

   To avoid 2.___________: electoral fraud where a person votes multiple times in different precincts or locations, often by using false identities or by being transported to different areas to cast repeated votes.

Absentee Voting

•  casting their votes without having to be physically present at the polling place

  • residency requirement no longer applies

  • National election

  • Local election not allowed due to logistics problem

  • PNP, AFP, OFW

National Elections

• Held every three years on the second Monday of May, but presidential elections only every six years.

Philippine as a State (Territory)

• Defined Territory 

  • Definite → not moving, measurement is stable 

  • You can lose it through climate change (e.g Maldives current situation)

Article 1 (National Territory)

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 (TFA-D) terrestrial, fluvial and aerial domains, including its(TSS-IS) territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The 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.

Philippine Archipelago

With all the islands and waters embraced therein, including internal waters. 

Archipelago: part of the sea studded with islands Borders

• Terrestrial: more than 7000 islands

• Fluvial: inland waters

• Aerial: if vertical, 100 kilometers above sea level (karman line)

All other territories over which the Philippines has sovereign rights Sovereign Territories.

Scarborough shoal and Kalayaan Island.

Examples of Sovereign Territories

United Nations Convention on the Law of the Sea (UNCLOS)

International treaty that establishes a comprehensive legal framework for the world's oceans and seas.

Archipelagic Doctrine

an archipelago shall be regarded as a single unit, so that the waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the state, and are subject to its exclusive sovereignty.

Archipelago

made up of one or more groups of islands, and the waters between and around the islands form part of its internal and territorial waters—not separate seas. This concept is recognized under international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS).

 Straight Baseline Method

Draws straight lines connecting outermost coast or island points to measure maritime zones. Used for irregular or island-fringed coasts.

Internal Water Principle

Waters landward of the baseline are considered internal waters. The state has full sovereignty over these waters, like land territory.

Internal waters

• consist of waters around, between and connecting the islands of the Philippine Archipelago, regardless of their breadth and dimensions, including the waters in bays, rivers and lakes.

  • No right of innocent passage for foreign vessels exists in the case of internal waters

Territorial Sea

extends up to 12 nautical miles outward from the baselines. 

Contiguous Zone

the ___________ to the territorial sea and extends up to 12 nautical miles from the territorial sea and 24 nautical miles from the baseline over which the coastal state may exercise control necessary to prevent the infringement of its customs, fiscal, immigration or sanitary laws and regulations within the territory or territorial sea (Art. 33, UNCLOS). 

Exclusive Economic Zone

200 nautical miles from the baseline, state has exclusive right to explore, exploit, conserve, and manage the maritime and natural resources

Continental Shelf

• UNCLOS, grants coastal states sovereign rights over the seabed and subsoil of their continental shelf, extending up to 200 nautical miles (NM) from their baselines. 

Open Waters

also known as the high seas, are areas of the ocean beyond national jurisdictions. These areas are governed by international law, primarily the United Nations Convention on the Law of the Sea (UNCLOS), which establishes rules for navigation, resource management, and other activities.

Extraterritoriality

application of a state's laws and jurisdiction beyond its territorial waters.  generally refers to the jurisdiction a state can exercise over its ships and aircraft, and sometimes its nationals, even when they are located in the maritime or airspace of another state.

Philippines as a State (Government)

• What is the government system of the Philippines? (RUP) 

  • Representative democracy

  • Unitary

  • Presidential

Democratic - because the people choose their leaders through free elections

Republican -because the country is governed by elected representatives..

Purpose and necessity of government (ACN) 

• Advancement of the public welfare

• Consequence of absence (anarchy)

• Need for order

Essential Powers of the Government (3) 

• Eminent Domain

• Police Power

• Taxation

Essential because? because it is important to the function of the government. 

• Necessary without it gov cannot exist 

• For gov to work we have to give up part of our freedom

• Internal or external sovereignty? 

  • It belongs to internal sovereignty because it refers to the supreme power a government has within its own territory

Eminent Domain

• Taking of private property

• Just compensation, public use

• Can you refuse? No. you can go to court but most likely the court will rule out on you. Can only go to court if just compensation of your property were denied.

  • Giving up land

Taxation

• Paying taxes

• Make the government run

• For public services

  • Giving up money

Police Power

• To regulate and enforce laws

  • Giving up part of freedom

DIFFERENTIATION OF FORMS OF GOVERNMENT 

• As to the NUMBER OF RULERS/ PERSONS EXERCISING SOVEREIGN POWER

• As to EXTENT OF POWERS exercised by the central or national government:

• As to RELATIONSHIP between the EXECUTIVE and the LEGISLATIVE:

1. Democracy (Many)

2. Aristocracy (Few)

3. Monarchy (One)

• As to the NUMBER OF RULERS/ PERSONS EXERCISING SOVEREIGN POWER

1. Unitary

2. Federal

• As to EXTENT OF POWERS exercised by the central or national government:

1. Presidential

2. Parliamentary

• As to RELATIONSHIP between the EXECUTIVE and the LEGISLATIVE:

Monarchy (one)

2 Types of Monarchy

1. Absolute Monarchy

2. Limited or Constitutional Monarchy

1. ____________ Saudi Arabia, Brunei → powers of monarch is absolute 

   • (1) absolute power, (2) absolute transfer of power

   • Intra-marriage: a way to constrain power within the bloodline

2. _____________ UK, Japan 

   • monarchs powers is NOT absolute, there is a separated gov 

   • Ceremonial 

Aristocracy (few)

1. Group of elites/ oligarchy 

2. e.g Myanmar → military can only be the ones that are part of the elite group. 

Democracy : (many) rule of people 

Two Types of Democracy

1. Direct Democracy

2. Indirect Democracy

1. ____________

• People have direct participation in the government, particularly in policy-making

  • Example → Barangay Assembly  

  • Example: Cantons in Switzerland

2. _____________

   • Representative, Republican ( we choose who to represent the people) 

Sovereignty ( Philippines as a State)

Philippines as a Democratic and Republic state

• Article [3] Bill of Rights

• Article [5] Popular election

• Article [6,7,8] Check and balances

Two Types of Sovereignty

1. Internal Sovereignty

2. External Sovereignty

1. _____________own affairs, “having a government to which the great body of inhabitants render obedience”

2. _____________no interference from other states, recognition of other states that you are a state; “enjoying freedom from external control”

International Recognition

Special Element of a State

• United Nations Membership (Chapter II, Article 4 of the UN Charter)

  • Be a peace-loving state

  • Accept the obligations contained in the UN Charter

  • Be able and willing to carry out these obligations

  • Submit an application to the Secretary-General and a letter formally stating that it accepts the obligations under the Charter

  • Have its application considered by the Security Council

Jurisdiction

It is _____________

The legal power or authority to apply and enforce laws in a certain area or over certain people. It can be full or limited.

May be limited depending on international law or agreements

Sovereignty

It is ____________

Supreme and complete authority of a state over its territory, people, and government — no other state can legally interfere.

Full control (both political and legal)