The Treaty of Paris

The Treaty of Paris is a peace treaty forged between the US and Spain in 10 December 1898. It detailed, among others, the territorial limits of the Philippine archipelago as being ceded by Spain to the US. These same limits were then used to define our national territory when we eventually gained indepedence from the US in 1946.

The Treaty of Paris was signed on December 10, 1898. Among its conditions was the cession of the Philippines, Guam, and Puerto Rico to the United States (Cuba was granted its independence); in return, the United States would pay Spain the sum of US$20 million. The nature of this payment is rather difficult to define; it was paid neither to purchase Spanish territories nor as a war indemnity. In the words of historian Leon Wolff, "it was . . . a gift. Spain accepted it. Quite irrelevantly she handed us the Philippines. No question of honor or conquest was involved. The Filipino people had nothing to say about it, although their rebellion was thrown in (so to speak) free of charge."

The Treaty of Paris aroused anger among Filipinos. Reacting to the US$20 million sum paid to Spain, La Independencia (Independence), a newspaper published in Manila by a revolutionary, General Antonio Luna, stated that "people are not to be bought and sold like horses and houses. If the aim has been to abolish the traffic in Negroes because it meant the sale of persons, why is there still maintained the sale of countries with inhabitants?" Tension and ill feelings were growing between the American troops in Manila and the insurgents surrounding the capital. In addition to Manila, Iloilo, the main port on the island of Panay, also was a pressure point. The Revolutionary Government of the Visayas was proclaimed there on November 17, 1898, and an American force stood poised to capture the city. Upon the announcement of the treaty, the radicals, Mabini and Luna, prepared for war, and provisional articles were added to the constitution giving President Aguinaldo dictatorial powers in times of emergency. President William McKinley issued a proclamation on December 21, 1898, declaring United States policy to be one of "benevolent assimilation" in which "the mild sway of justice and right" would be substituted for "arbitrary rule." When this was published in the islands on January 4, 1899, references to "American sovereignty" having been prudently deleted, Aguinaldo issued his own proclamation that condemned "violent and aggressive seizure" by the United States and threatened war.

source:
http://countrystudies.us/philippines/14.htm

Archipelagic Doctrine

In 2005, the Philippines celebrated the 50th year of the ARCHIPELAGIC DOCTRINE. The doctrine was through the work of the late Foreign Affairs Minister Arturo Tolentino, Dr. Juan Arreglado and the dedicated men and women, the Department will continue to provide the lead in the formulation, integration of national marine policy.

What that means is that the Philippines owns as part of its territory all of the seas between the thousands of islands that are Philippine territory. In terms of ownership, it is as if the seas did not exist at all, and that the Philippines is not an archipelago at all, but instead is one huge connected land mass.

This is important, because the seas surrounding and connecting the islands of the Philippines are a resource of great wealth for the nation.It adopts the baseline method where imaginary straight lines are drawn joining the outermost points of outermost islands of the archipelago, enclosing the country. The waters within these baselines are be considered to be internal waters and the territorial sea shall then be measured from the baselines.


By INTERNAL WATERS, the Constitution provides that “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.”

Then there is this TERRITORIAL SEA which is measured from the baseline and extends up to twelve [12] nautical miles. Then from the edge of the territorial sea up to another twenty-four [24] miles from the baseline is the CONTIGUOUS ZONE. A contiguous zone must be claimed and, unlike territorial seas, does not exist automatically since it allows coastal states to exercise the control necessary to prevent and punish infringements of customs, sanitary, fiscal, and immigration regulations within and beyond its territory or territorial sea. Then there is also the EXCLUSIVE ECONOMIC ZONE which extends up to a distance of 200 nautical miles beyond and from the baselines from which the territorial sea is measured.

sources:
Constitutional Law by Justice Isagani Cruz
http://en.wikipedia.org/w/index.php?title=Special%3ASearch&search=contiguous+zone&ns0=1&fulltext=Search
http://www.dfa.gov.ph/archive/speech/romulo/custodio50thanniv.htm
http://www.britannica.com/EBchecked/topic/134801/contiguous-zone

NATIONAL TERRITORY OF THE PHILIPPINES

Art. I of The 1987 Constitution

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. 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.

ORGANS OF THE UNITED NATIONS

Organs of the United Nations

The United Nations is composed of principal and subsidiary organs. There are six principal organs to wit: a.] the General Assembly, b.] the Security Council, c.] the Economic and Social Council, d.] the Trusteeship Council, e.] the International Court of Justice and f.] the Secretariat.


A.] The General Assembly

This comprises of all the members of the United Nations Organization. Each member state is entitled to send not more than five [5] representatives, five [5] alternates and the technical staff it needs. Each member shall be entitled to a vote in deciding matters of the organization. For decisions involving “important issues” the decision of at least two-thirds [2/3] of the members who are present are voting are to be attained. For all other matters not classified as important, only a majority vote of all those present and voting are needed.

The General Assembly’s functions are as follows:

a.] Deliberative Functions – initiates studies and recommendations towards the progressive development of international law.

b.] Supervisory Functions – receives and recommends annual reports from other organs of UN.

c.] Financial Functions – for the approval of the Organization’s budget and apportionment of expenses.

d.] Elective Functions – for the election of all the elective members of UN

e.] Constituent Functions – for the admission of members and amendment of the organization’s charter.

The United Nations General Assembly is currently headed by H.E. Srgjan Kerim, which was put into position on September 18, 2007, presiding as the President of the 62nd Session.


B.] The Security Council

This UN organ is for the maintenance of international peace and security. It is composed of the Big Five [China, France, UK, Russia and US] as the permanent members and ten non-permanent elective members who shall serve a term of two [2] years to be selected from members as follows: five [5] from Africa and Asia, two [2] from Latin American States, two [2] from Western Europe and one [1] from Eastern Europe.

Voting in the council shall be in accordance to the Yalta Formula which shall be characterized as procedural and non-procedural matters. Procedural matters are to be decided by a vote of at least nine [9] members. Non-procedural and substantive matters on the other hand needs a vote of at least nine [9] members including all of the so-called Big Five as permanent members. The Yalta formula intends the Big Five’s support in substantive matters since they are expected to exert the full force of their leadership in the preservation international peace and security which is the primary aim of the UN Security Council.

As of the year 2005 and 2006, the following have been considered as the non-permanent members of the Security Council: Algeria, Argentina, Benin, Brazil, Denmark, Greece, Japan, Romania, Philippines and the United Republic of Tanzania. Their terms shall end on every 31st day of December of their 2nd year.

C.] The Economic and Social Council

The Economic and Social Council consists of fifty-four [54] members which are elected by the General Assembly and shall serve a term of three [3] years with re-election. Terms are arranged in such a way that every year, one-third [1/3] of the members are done with their term and replaced if not re-elected. Voting shall require a majority of all those present and voting.

The General Assembly through this Council aims to improve:

a. Higher standards of living, full employment, and conditions of economic and social progress and development;

b. Solutions of international, economic, social, health and related problems, and international, cultural and educational cooperation; and

c. Universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion.


D.] The Trusteeship Council

This organ is the one charged with the duty of assisting the General Assembly and the Security Council in the administration of the international trusteeship system. Its general purpose is to supervise the administration of trust territories. It is composed of the Big Five as permanent members.

However, according to Justice Isagani Cruz, this system has now become largely obsolete since almost all trust territories are now practically converted into full-fledged miniature states. The council has formally suspended its operations since November 1, 1994 after the independence of Palau, the last remaining UN Trust Territory. They have amended their rules of procedure to only meet as occasion would require instead of meeting once a year, by its decision or the decision of its president, the request of its majority, the General Assembly or Security Council.

E.] The International Court of Justice

This UN organ is tasked to decide contentious cases and to render advisory opinions. It shall functions in accordance with the Statute. All members of the Organization shall become ipso facto parties to the Statute, non-members may become a party on case to case conditions to be determined by the General Assembly upon the recommendation of the Security Council.

This organ comprises of fifteen [15] members who must be of high moral character, posses the qualifications of their respective countries for appointment in the highest judicial offices, are jurisconsults of recognized competence in international law and are elected by a majority vote of the General Assembly and the Security Council. They shall have a term of nine [9] yearswith re-election. Their terms are arranged in such a way that one-third [1/3] of the members are elected at three year intervals. They shall sit either en banc or in chambers composed of three [3] or more judges and shall decide by the majority of the judges present or nine [9] with the full court sitting.

The current President is H.E. Rosalyn Higgins from the UK. Other judges are Ronny Abraham from France, Awn Shawkat Al-Khasawneh from Jordan, Shi Jiuyong from China, Abdul G. Koroma from Sierra Leone, Hisashi Owada from Japan, Gonzalo Parra-Aranguren from Venezuela, Bruno Simma from Germany, Peter Tomka from Slovakia. Other members whose terms expired last 2006 are Thomas Buerghental from the US, Pieter H. Kooijmans from Netherlands, Jose Franco Rezek from Brazil and Vladlen S. Vereshchetin from Russia.

F.] The Secretariat

This organ of the United Nations is their chief administrative organ. It shall be headed by the Secretary-General who is chosen by the General Assembly upon recommendation of the Security Council. He has a fixed five [5] year term per resolution of the General Assembly. He may also be re-elected. The current Secretary-General of the Secretariat is Ban Ki Moon from Korea. He is entitled to full diplomatic immunities and privileges and is taked to bring into the attention of the Security Council any matter which in his opinion may threaten international peace and security. He also acts as the secretary in all the meetings of the primary organs of the UN except in the International Court of Justice and performs functions as may be assigned to him by the other organs.

Source:
International Law by Justice Isagani Cruz
www.un.org

Agustin vs. Edu

Agustin vs. Edu [88 SCRA 195, 1979]

Facts:

Respondent, Land Transportation Commissioner Edu, in pursuant to the 1968 Vienna Convention on Road Signs and Signals and the United Nations Organization, issued a letter of instruction requiring every motor vehicle, with the exception of motorcycles, to be equipped with a pair of specified Early Warning Device [EWD] consisting of triangular, collapsible reflectorized plates in red and yellow colors before they can have their vehicles registered.
Petitioner, Agustin, is the owner of a Volkswagen Beetle Car that is already properly equipped with functional hazard lights blinking in front and rear of the vehicle which could very well serve as an early warning device in case of emergencies to help prevent road accidents. Petitioner then questions the said letter of instruction and contends that it is unconstitutional since such is harsh, cruel and unconscionable to the motoring public and would unjustly enrich EWD manufacturers to the expense of the motorists which could have better and inexpensive substitutes.
A temporary restraining order was then issued by the Supreme Court.

Issue:

Is petitioner correct in questioning the constitutionality of the letter of instruction issued in pursuant of an international law?

Held:

The Supreme Court dismissed the petition. Since such hazards and road accidents caused by the lacked of early warning devices have been recognized by international bodies concerned with traffic safety, the 1968 Vienna Convention on Road Signs and Signals and the United Nations Organization, and since the Philippines has ratified to such treaty and adopts generally accepted principles of international law as part of the law of the land, the principle of pacta sunt servanda now sets in. the principle requires States who are signatories to such treaty to have a compliance to it in good faith.

Petition dismissed.

J.BL Reyes vs. Bagatsing

JBL Reyes vs. Bagatsing [G.R. No. 65366, 1983]

Facts:

Petitioner, JBL Reyes, on behalf of the Anti-Biases Coalition, sought a permit to hold a peaceful march and rally for 3 hours from the City of Manila. The route of the march would cover from Luneta Park to the gates of the United States Embassy where they would hold a short program. Respondent, Bagatsing, as the City Mayor denied the petition for reasons due to police intelligence reports that some would enter the rally with subversive or criminal intentions and would disrupt the assembly where a large number of people are expected to attend. Petitioner was given the chance to be issued a permit if only they would hold their rally at the Rizal Coliseum or any other enclosed area where the safety of the participants themselves and the general public may be ensured.
Hence, this petition for mandamus with writ of preliminary injunction to review the decision of the Manila mayor denying the permit.

Issue:

Did the mayor really have justifiable reasons/grounds in denying the permit for petitioner to hold a rally?

Held:

The Supreme Court ruled in the negative on the ground that there was no showing of a clear and present danger of substantive evil that could justify the denial of the permit. As a signatory of the Vienna Convention on Diplomatic Relations adopted in 1961, the Philippines, as the receiving State is under a special duty to take appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity. The Constitution adopts the generally accepted principles of international law as part of the law of the land. The Vienna Convention should be pat of the law of the land since it is a restatement of the generally accepted principles of international law. Respondent would only be justified in denying petitioner’s application if there were a clear and present danger of any intrusion or damage, or disturbance of the peace of the mission, or impairment of its dignity insofar as the terminal point would be the Embassy. Moreover, respondent Mayor relied on Ordinance No. 7295 of the City of Manila prohibiting the holding or staging of rallies or demonstrations within a radius of 500 feet from any foreign mission or chancery and for other purposes. Unless the ordinance is nullified, or declared ultra vires, its invocation as a defense is understandable but not decisive, in view of the primacy accorded the constitutional rights of free speech and peaceable assembly.

The mandatory injunction prayed for is granted.

Mejoff vs. Director of Prisons

Mejoff vs. Director of Prisons [90 Phil. 70, 1951]

Facts:

Petitioner Mejoff is a Russian and a secret operative of the Japanese forces brought into the country during the former’s occupation here. He was later on arrested as a Japanese spy by the American forces and was handed to the Commonwealth Government for disposition. He was then issued an order of release by the People’s Court. However, he was proven by the deportation board to have entered the country illegally sometime in 1944. He was then arrested and again taken into custody and was transferred to the Cebu Provincial Jail while waiting to be deported out of the country. More than 2 years have elapsed still the Government has not found way and means of removing the petitioner out of the country, and none are in sight, although it should be said in justice to the deportation authorities, it was through no fault of theirs that no ship or country would take the petitioner even his native country. Hence, an action for the petition of the issuance of writ of habeas corpus was filed before the Supreme Court.

Issue:

Will the action prosper?

Held:

It was held by the Supreme Court that the prolonged detention of the petitioner is unwarranted by international law and the Philippine Constitution. The Philippines, by its Constitution, expressly adopts generally accepted principles of international law as part of the law of the Nation. The Philippines, being a member of the United Nations, was subject to the latter’s resolution on the "Universal Declaration of Human Rights" wherein it provides equality of all human beings in degree and rights regardless of race, color, sex, language, religion, or any other opinion and that everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the Constitution or by law. It further provides that no one shall be subjected to arbitrary arrest, detention or exile. The writ was then issued under the terms that the petitioner shall be placed under the surveillance of the immigration authorities or their agents in such form and manner as may be deemed adequate to insure that he keep peace and be available when the Government is ready to deport him and that he shall also put up a bond of P5,000 with sufficient surety or sureties.