POLITICAL SCIENCEPOLITICS from Greek word polis meaning “city-state”
polites – citizenspolitikos – government officials
SCIENCE from Greek word scire meaning to know
Latin word scientia meaning having knowledge
POLITICAL SCIENCE mass of systematically researched and organized knowledge about the state and
its institutions including closely related organizations and associations acquired through long years of observation and experience
not like exact sciences such as physics, chemistry, mathematics laboratory is the state
1. Aristotleo man is by nature a political animal (zoon politikon) – essence of social
existence is politics and that 2 or more persons interacting with one another are invariably involved in a political relationship
o as men seek to define their position in society, as they attempt to wring personal security from available resources, as they try to influence others to accept their points of view, they find themselves engaging in politics
o the only way to maximize one’s individual capacities and to attain the highest form of social life was through political interaction in an institutionalized setting, that of the state
o for the ancient Greeks idiot originally means a person who does not vote, does not discuss public issues, does not involve himself in government affairs
o all people are politicians but some (public officials) are more political than others
2. 16th – early 20th centuryo Jean Bodin – French political philosopher coined the term political science
but limited its concern for the organization of institutions related to lawo Montesquieu – reinforced formal and restricted definition of politics by
arguing that all functions of government could be encompassed within the categories of legislation, execution and adjudication of the law
3. 1950’so recognition that legislative, executive agencies, courts do not exist do not exist
by themselves; they do not operate independently of political organizations in the society
o includes political parties, interest groups, citizens’ attitudeso emphasis on political interaction and actual participation of people in a body
politic
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Political science is the systematic study of the state.o government are the formal institutions of politicso where there is government, there is politics; where there is politics there is
power, unequally distributed
Political science is the study of politics.o deals with human relationships (political interaction and active participation in
a political body)o focuses on the political system, process and political participation
Politics is the process of decision-making and decision-enforcing in any group that makes and enforces rules for its members.
o whenever people are grouped together politics is thereo as social beings, whenever people join together, there is always a situation
when decisions have to be madeo in that sense, there is politics at home, in the classroom, in organizationso decision making and enforcing the same invite conflict, and it is also through
politics that conflict is also resolved or settled
Politics is the process of making government policies.o authoritative, defined courses of action handed down by government officials
and agencies in pursuit of national needs and goalso in the form of legislative acts, judicial decisions, executive orders,
administrative decisions for public good and interests
SCOPE OF POLITICAL SCIENCEo political theory – origin, form, behavior and purposes of the stateo public law – organization, limitation, power and duties of governments,
obligation of one state to anothero public administration – executive, legislative, judicial powers
GOALS OF THE STUDY OF THE POLITICAL SCIENCEo education for citizenship
equip students to discharge obligations of democratic citizenship know and understand how the government operates, what interests and
forces are behind particular policies, the result of such policies, rights and obligations, who are elected representatives, what they stand for
o essential part of liberal education meant to prepare individuals to think more clearly about themselves
and about their relationship with others, to be more tolerant of diversity, to be less hasty in their judgments of the unfamiliar, and to
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get more meaning out of life regardless of where they are or what they do
The State Defined
James Garner:
The state is a community of persons, more or less numerous, permanently occupying a definite territory, completely free of external control and possessing an organized government to which the great body of inhabitants render obedience.
Essential elements of the state:
• people
• territory
• government
• sovereignty
• People
• mass of population within the state
• ideal number
• characteristics and cultural homogeneity
• Territory
• terrestrial, fluvial, maritime and aerial
• size and geographical location
• Government
• agency through which the will of the state is formulated, expressed and carried out
• Sovereignty
• supreme power of the state to command and enforce obedience to its will from people within its jurisdiction, and freedom from foreign control
• internal and external
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STATE NATION
The state is a political concept. The nation is an ethnic concept.It is a group of people bound together by certain characteristics, who believe that they are one and distinct from others.
The state is not subject to external control. A nation may or may not be independent.
A single state may consist of one or more nations.(e.g. United States)
A single nation may be made up of several states.(e.g. Arab nation)
STATE GOVERNMENT
The state is an idea that extends through time, whose characteristics are drawn from a long history of governments
The government is only one of the elements of the state. The people running it and its form may change within the same state.
The state cannot exist without a government.
It is possible to have a government without a state.
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ORIGIN OF THE STATE
Theories on the Origin of the State• Divine Right• olitics merged with religious beliefs• ruler was God’s (or the gods’) appointed agent on earth• to challenge the king is to challenge divine authority
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Early Hebrew Tribes
loosely knit grouping of families and clansfrom common ancestorsmall enough for mobilitylarge enough for self-sufficiencycode of behavior based on traditionsdecisions collectively made by male elders
Needsconquer Canaan
Challengesmilitary threat of Philistines
needfor
politicalorganizatio
n
Institution of a Formal State(as reflected during Solomon’s reign)
king replaced family head and tribal patriarchsking’s councilors took the place of tribal eldersintroduction of centralized authorityformalized hierarchyspecialization of tasks (collection of tax, supervision of public works, recruitment of military, maintenance of peace and order)written (instead of oral) communication
need tolegitimizethe state
THEORIES OF THE ORIGIN OF THE STATE
• reflected in the Code of Hammurabi and in the New Testament (St. Paul)• longest-lived doctrine in politics
• Might-Makes-Right• “the force principle in politics”• Thrasymachus, Niccolo Machiavelli• any form of government is legal as long as it has the power to enforce its will• effective power is legitimate• revolution is justified only if it succeeds• lends logic and legitimacy to history’s long and bloody record of international
struggle
• Social Contract• state formed by means of a social contract of men who lived in a state of nature
(without any super-body to establish peace and settle conflict)
• according to Thomas Hobbes• human nature as solitary, poor, nasty, brutish and short• man’s desire for self-preservation is attained by surrendering his rights to the
great Leviathan• “mortal god” to preserve the peace and provide security to the people• people had no right to revolt
• according to John Locke• rational men perceive the advantages of organizing a government in order to
protect rights to life, liberty and especially private property• government to protect the rational rich from the not so rational poor• government may be resisted and overthrown when it no longer serves the
citizen’s self-interests
• according to Jean Jacques Rousseau• all citizens are equal• social contract includes all citizens, giving each one an equal right to
participate in the making of laws and in the decision-making process• direct democracy
• Organic Analogy• “natural theory”• Aristotle, Edmund Burke• state developed from the evolving interests and needs of the individual which have
been progressively met by the family, clan, tribe, and finally, by the state• participation in the politics of the state is the most complete way of nourishing one’s
intellectual capabilities (reason)
• Patriarchal Theory
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• “paternalistic theory”• Robert Lowie• state arose through the process of evolution• evolved from the smallest unit of society – the family, into a clan, a tribe, a nation
and finally, into a state
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THEORIES PROPONENTS MAIN IDEA ASSUMPTION OF HUMAN NATURE
IDEAL FORM OF GOVERNMENT
POSSIBILITIES FOR A REVOLUTION
Divine Right HammurabiSt. Paul
state was created by the will of God and the ruler was God’s appointed agent on earth
men are not equal, king ordained by God
monarchy to challenge authority is to challenge God
Might Makes Right
ThrasymachusMachiavelli
state came into existence out of force and could claim legitimacy as long as it has power to enforce its will
men are not equal, will of the strong is imposed on the weak
monarchy, as long as it has the power to enforce its will
yes, as long as the revolution succeeds
Social Contract
state was formed by means of a social contract of men in order to promote and preserve their natural rights to life, liberty and property
Thomas Hobbes life of man is solitary, poor, nasty, brutish and short
absolute monarchy people had no right to revolt against the Leviathan
John Locke not all men are rational
government by the rich
government might be resisted, even overthrown when it no longer serves the individual’s self interests
Jean Jacques Rousseau
all men are equally rational
popular democracy government might be resisted, even overthrown when it no longer serves the citizens’ welfare
Organic Analogy
AristotleEdmund Burke
state developed from the evolving interests and needs of the individual, state being the most complete way of nourishing one’s intellectual capabilities
men are rational, naturally political beings
depends on the evolving needs of the individual
Patriarchal Theory
Robert Lowie state arose through the process of evolution from the smallest unit of society – the family
men are social beings, emphasizing the role of men as part of a group
depends on the evolving needs of the group
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GOVERNMENT
Purpose and Necessity of Government advancement of public welfare – protection of society, security of persons and property,
administration of justice, preservation of the state from external danger absence of the government would result to anarchy and disorder, and a general feeling of fear
and insecurity
Forms of GovernmentTraditional Classification
• monarchy – rule of one person who is virtuous and just• aristocracy – from word aristos meaning best; rule of the most virtuous, intelligent and
enlightened few members of the elite society• polity – from word polites meaning citizens• tyranny – rule of unjust and despotic leader• oligarchy – from word oligoi meaning rich and privileged class• democracy – rule of many that may be corrupted and disorganized (mobocracy)
for Aristotle democracy is the worst form of government (rule of the poor, uneducated, tend to elect only the popular)
Modern ClassificationA. As to Numbers
1. monarchy – rule of onea. absolute – by divine rightb. limited – in accordance with a constitution
2. aristocracy – rule by a few privileged class3. democracy – rule by a majority of the people
a. direct or pure – will is formulated directly or immediately through the peopleb. indirect, representative or republican – will is formulated through a small and
select body of persons chosen by the people as their representatives
B. As to Extent of Powers by the National Government1. unitary – control of national and local affairs are exercised by the central government2. federal – powers of government is divided: one for national affairs and another for
local affairs
UNITARY FEDERAL
strengths
• uniformity in legislation• efficiency and effectiveness in
execution of nat’l policies• less expense in operation of
gov’t• fosters nat’l unity
uniformity of laws applicable to whole country; but allows diversity of policies more suited to the needs of local gov’t
stimulates people participation
nat’l gov’t relieved of burden in attending to local problems
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weaknesses
• stifles initiative of local gov’t to formulate program of dev’t
• national gov’t tends to be autocratic
• gov’t imposed programs for local affairs may fail
• nat’l gov’t tend to disregard local affairs
• difficulty in implementing nat’l programs w/c may conflict with local policies
• creates duplicity of legislation and administration the entails heavy expenditure
• confusion and delays likely to happen regarding jurisdiction
C. As to Relationship Between executive and Legislative Branches1. parliamentary – legislative has power to terminate tenure of office of the executive2. presidential – executive is constitutionally independent of the legislative
PRESIDENTIAL PARLIAMENTARYOutstanding
Featureseparation of powers bet. executive and legislative
union of executive and legislative
Chief Executive President Prime Minister/Premier (primus inter pares – first among equals)
Manner of Assumption to
Office
elected directly by people people elect members of parliament; members of party enjoying majority choose form among themselves PM who will chose cabinet members
Term of Office with definite term of office no fixed term, can be removed anytime by a no confidence vote by parliament
Constitutional Removal from
Office
defeat in reelection OR through impeachment
by vote of censure or no confidence, new PM elected by parliament
Other Features head of state and head of gov’t are the same
separate symbolic head (monarch, President) and head of gov’t
the Philippines is a representative democracy, unitary and presidential government
effectiveness of a government to promote the good and achieve development is not determined by its form but by the quality men and women who serve in it
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THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION
PERIOD GOVERNMENT EXECUTIVE LEGISLATIVE JUDICIARY LAWS OTHER FEATURES
Pre-Spanish Period
barangay datu. lakan, rajah, hari
datu, agorang datu, agorang unwritten, based on traditions, announced by umalohokan
treaties, confederations with other barangays are sealed with sandugo
sultanato sultan sultan, ruma bichara (council)
kali (judge)agama (local courts)
based on Koran, shariah, Luwaran, adapt
hierarchical, woth specialization of administrative tasksraja muda, wazir, panglima, majarajah/orangkaya, imam
Spanish Period
colonial government
Governor-Generalcumplase
Governor-Generalautos acordados
Governor-General, Real Audencia, Territorial Audencia
laws come from Spain (decreto superior)
ruled indirectly by King of Spain through the Viceroy of Mexico until 1821, union of Church and state, local government (alcaldia, corregimiento, ayuntamiento, pueblo, barangay)
Katipunan Supremo Supreme Council Judicial Council laws on violations committed by and on differences among members
Supreme Council, Provincial Council, Popular Council
Biak-na-Bato President Supreme Council Supreme Court of Grace and Justice
constitution written by Isabelo Artacho and Felix Ferreer based on Cuban constitution
lasted for 2 years, ended with Pact of Biak-na-Bato
Dictatorial Government
Dictator Dictator Dictator constitution provided for a federal government, written by Mariano Ponce
most significant achievement was the proclamation of independence
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PERIOD GOVERNMENT EXECUTIVE LEGISLATIVE JUDICIARY LAWS OTHER FEATURESRevolutionary Government
President republican assembly to be known as Malolos Congress, advisory and ministerial
Supreme Court Congress drew the Malolos Constitution based on the constitution of Guatemala, Mexico, Belgium, Costa Rica, Brazil, France
reorganization of municipal and provincial government for liberated areas, first significant act was ratification of proclamation of independence
First Philippine Republic
President, elected by Assembly
Assembly of Representatives,Permanent Commission
Supreme Court, Chief Justice elected by Assembly
Malolos Constitution
created diplomatic positions abroad (US, Japan, England, France, Australia), separation of Church and state
American Period
Military Government
Military-Governor Military-Governor Supreme Court, appointed by US President
from Military-Governor
President of US delegated powers to Military-Governor
Civil Government Governor-General Philippine Commission (upper house)Philippine Assembly(lower house)
Supreme Court, appointed by US President
Jones Law (preamble, bill of rights, created Senate and House of Representatives)
2 resident commissioners to American Congress
Commonwealth Government
President National Assembly Senate and House of Representatives
Supreme Court 1935 Constitutionwoman suffrage
republican, presidential, unicameral and later bicameral, functioned in exile during Japanese occupation
Japanese Period
Japanese Military Administration
Japanese Director General
Japanese Director General
Japanese Director General
martial law acted under directives from Japan
Philippine Executive Commission
Commission headed by Chairman
Commission headed by Chairman
Supreme Court law subject to approval of Commander-in-Chief of Japanese Forces
reorganization of local governments
Second Republic of the Philippines
President, no Vice President
National Assembly Supreme Court 1943 Constitution, transitory to be in effect during war
ultimate source of authority was Japanese authority
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PERIOD GOVERNMENT EXECUTIVE LEGISLATIVE JUDICIARY LAWS OTHER FEATURESPost-War Period
Third Republic President Senate and House of Representatives
Supreme Court 1935 Constitution, Parity Amendment
allowed for 4-year term with 1 re-election
Martial Law Prime Minister/President
National Assembly/Batasang Pambansa
Supreme Court 1973 Constitution, amended 4 times
officially called a constitutional authoritarianism but a dictatorship in realitymodified parliamentary system
New Republic/ Fourth Republic
President as Head of State and Chief Executive
Batasang Pambansa which can check only PM and not President
Supreme Court 1973 Constitution as amended
practically no term limit
Post-Marcos Era
Provisional Government of 1986
President President through executive Orders
Supreme Court Provisional Constitution/ Freedom Constitution
revolutionary government because it was installed by direct action of people and not by procedures provided by the Constitutionfrom de facto to de jure
Fifth Republic President Senate, House of Representatives
Supreme Court 1987 Constitution separation of powers, checks and balances, non-delegation of powers
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CONSTITUTION
Concept of Constitution
serves as supreme or fundamental law – law to which all other laws must confer and in accordance with which all private rights must be determined and all public authority administered
establishes basic framework and underlying principles of government – prescribes the permanent framework of the system of government and assign to the different branches their respective powers and duties
Constitutional Law
branch of public law which refers to law embodied in the Constitution, as well as principles growing out of the interpretations and applications made by the courts, of the provisions of the Constitution
Kinds of Constitution
A. As to Origin / History1. conventional or enacted – enacted by a constitutional assembly or granted by a monarch
to the subjects2. cumulative or evolved – product of growth over a long period of development,
originating in customs, traditions, judicial decisions
B. As to Form1. written – has been given definite written form at a particular time2. unwritten – consisting largely of a mass of customs, usages and judicial decisions,
usually bearing different dates; not codified in a single document
C. As to Manner or Amending1. rigid or inelastic – cannot be amended or altered except by some special machinery more
difficult than the ordinary legislative process2. flexible or elastic – possesses no higher legal authority than ordinary laws and which may
be altered in the same way as other laws
Written Constitution
1. advantages – clear and definite, cannot be easily bent or twisted to meet temporary fancies of the moment, apt to be more secure
2. disadvantages – prevents immediate introduction of needed changes which may retard growth and progress of the state
Philippine Constitution may be classified as conventional or enacted, written, and rigid or inelastic
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Requisites of a Good Written Constitution
A. As to Form1. brief – in a few provisions should outline the structure of the government and rights of
citizens2. broad – comprehensive as possible3. definite – vagueness which may lead to different interpretations of essential features may
cause invaluable harm
B. As to Content1. constitution of government – framework of government and its powers2. constitution of liberty – fundamental rights of people and limits on the powers of the
government3. constitution of sovereignty – mode or procedure for amending/revising the constitution
CONSTITUTION STATUTE
legislation direct from people legislation from people’s representatives
states general framework of the law and government
provides details of the subject of which it treats
not merely to meet existing conditions but to govern the future
meet existing conditions only
supreme / fundamental law must conform with the constitution
Amending / Revising the Philippine Constitution• ways of changing the constitution1. amendment – change in some part of the Constitution without considering the whole
document2. revision – re-writing or substantial changing of the Constitution viewed in its entirety
Proposed Amendments/Revisions1. Constituent Assembly (Con Ass)
a. composed of members of Congress, which needs to pass a resolution to turn itself into a constituent assembly
b. proposal should be approved by ¾ of all members of Congress voting separately
2. Constitutional Convention (Con Con)a. Congress by a vote of 2/3 of all members can call a Con Con; or by a majority vote of
all members submit to the electorate the question of calling such a conventionb. members are elected by voters, with express purpose of framing or revising the
Constitution
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3. People’s Initiative a. petition of at least 12% of total number of registered voters of which every legislative
district must be represented by at least 3% of registered voters thereinb. may be done not oftener than once every 5 yearsc. limited only to amendments
Ratification of Proposed Amendment / Revision• proposals by Constituent Assembly, Constitutional Convention and People’s Initiative
must be ratified by a majority of votes cast in a plebiscite to be held 60 to 90 days after
Constitutions of the Republic of the Philippines1. Biak na Bato Constitution2. Malolos Constitution3. 1935 Constitution4. 1943 Constitution5. 1973 Constitution6. Freedom / Provisional Constitution7. 1987 Constitution
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CONSTITUTIONS OF THE REPUBLIC OF THE PHILIPPINES
FRAMING RATIFICATION BASIC FEATURES AMENDMENTS
1935 as part of the conditions for the eventual granting of independence (Tydings-McDuffie Law)framed by Constitutional Convention
approved by US President F.D. Roosevelt; ratified by Filipinos in May 1935 plebiscite
republican in form, with bill of rights, defined relations between Philippines and US during Commonwealth and after independenceinfluenced by constitution of US, Malolos Consitution, 3 organic laws (Instruction to 2nd Philippine Commission, Philippine Bill of 1902, Jones Law)
establishment of bicameral legislature,re-eligibility of President and VP for 2nd 4-year term of office, creation of Commission on Elections, Parity Rights amendment
1973 framed by Constitutional Convention elected on Nov.1970, resumed after start of Martial Law minus anti-Marcos delegates
“approved” by people through citizen assemblies with 95% positive majorityratified through Presidential Proclamation
parliamentary government with PM as head of government and President as ceremonial head, both elected by National Assemblylegislative power vested in unicameral National Assemblyemphasized duties and obligations of citizensparity rights terminatedlegalized all decrees, proclamations and orders of Marcos and extended his term beyond 1973
(1976) establishment of Interim Batasang Pambansa, Marcos as Pres. and PM, authorized Marcos to make laws outside parliament(1980) extended retirement age of members of judiciary from 65 to 70 years(1981) Pres as head of state and chief exec, may run for as many 6-year terms, Executive Committee to exercise executive power in case of Pres’ death, creation of Batasang Pambansa which could only check PM and not Pres(1984) restoration of office of VP, abolition of Executive Committee, election of Batasang Pambansa members, provisions for land reform and urban land policy
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FRAMING RATIFICATION BASIC FEATURES AMENDMENTS
1987 drafted by Constitutional Commission composed of 48 members appointed by the Presidentconvened on June 1986 at Batasang Pambansa, culminating after 133 days with a vote of 44-2
ratified in a plebiscite in February 1987
recognition of aid of Almighty Godsovereignty of peoplerenunciation of war as an instrument of national policysupremacy of civilian authorityseparation of Church and Staterecognition of importance of family and vital role of youthguarantee of human rightsgovernment through suffrageseparation of powersindependence of judiciaryguarantee of local autonomyhigh sense of public servicenationalization of natural resourcesnon-suability of the Staterule of the majority (simple, 2/3, ¾)government of laws and not of men
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COMPARISON OF THE 1935, 1973, 1987 PREAMBLE
1935 1973 1987
The Filipino people, imploring the
aid of Divine Providence, in order to
establish a government that shall
embody their ideals, conserve and
develop the patrimony of the nation,
promote the general welfare, and
secure to themselves and their
posterity the blessings of
independence under a regime of
justice, liberty, and democracy, do
ordain and promulgate this
Constitution
We, the sovereign Filipino people,
imploring the aid of Divine
Providence, in order to establish a
government that shall embody our
ideals, promote the general welfare,
conserve and develop the patrimony
of our Nation, and secure to
ourselves and our posterity the
blessings of democracy under a
regime of justice, peace, liberty, and
equality, do ordain and promulgate
this Constitution.
We, the sovereign Filipino people,
imploring the aid of Almighty God,
in order to built a just and humane
society, and establish a government
that shall embody our ideals and
aspirations, promote the common
good, conserve and develop our
patrimony, and secure to ourselves
and our posterity the blessings of
independence and democracy under
the rule of law and a regime of truth,
justice, freedom, love, equality and
peace, do ordain and promulgate this
Constitution.
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PROVISIONS ON NATIONAL TERRITORY
1935 CONSTITUTION 1973 CONSTITUTION 1987 CONSTITUTIONThe Philippines comprises all the territory ceded to the United States by the Treaty of Paris concluded with Spain on the tenth day of December eighteen hundred and ninety-eight, the limits of which are set forth in Article II of said treaty, together with all the islands embraced in the treaty concluded at Washington, between the United States and Spain on the seventh day of November, nineteen hundred, and in the treaty concluded between the United States and Great Britain on the second day of January, nineteen hundred thirty, and all territory over which the present Government of the Philippine Islands exercises jurisdiction.
The national territory comprises the Philippine archipelago, with all the islands and the waters embraced therein and all the other territories belonging to the Philippines by historic right or legal title, including the territorial sea, the air space, the subsoil, the seabed, the insular shelves, and the other submarine areas over which the Philippines has sovereignty or jurisdiction. 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 Philippines.
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.
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