Indeed, owing to the peculiar nature of RAit is understandably difficult to find other litigants possessing "a more direct and specific interest" to bring the suit, thus satisfying one of the requirements for granting citizenship standing. The IssuesThe petition raises the following issues: Under UNCLOS and under the baselines law, since they are regimes of islands, they generate their own maritime zones in short, they are not to be enclosed within the baselines of the main archipelago which is the Philippine Island group.
Laurel as President and Vice-President, respectively. What controls when it comes to acquisition or loss of territory is the international law principle onoccupation, accretion, cession and prescription and NOT the execution ofmultilateral treaties on the regulations of sea-use rights or enacting statutes to comply with the treatys terms to Magallona vs ermita maritime zones and continental shelves.
Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts the same grade, and shall not diminish, increase or modify substantive rights.
When this Court exercises its constitutional power of judicial review, however, we have, by tradition, viewed the writs of certiorari and prohibition as proper remedial vehicles to test the constitutionality of statutes, 19 and indeed, of acts of other branches of government.
The constitutionality of the law was question at the Supreme Court in the case Magallona, et. In line with this mandate of the Rules of Court and extrajudicial killing and disappearances, the Supreme Court passed two important Resolutions: The legislative branch is composed of the Senate and the House of Representatives.
Emphasis supplied 41 Namely, House Bill No. Right of archipelagic sea lanes passage. Efforts to amend the Constitution started on August 24, with the approval of Republic Act No. Rebuttal of oral arguments may be allowed by the Chief Justice or the Chairperson.
However, due to our observance of international law, we allow the exercise of others of their right of innocent passage. Factoran50 treated the right to a healthful and balanced ecology under Section 16 of Article II as an exception, the present petition lacks factual basis to substantiate the claimed constitutional violation.
It is a multilateral treaty regulating, among others, sea-use rights over maritime zones i. The Senate of the Philippines is composed of twenty four 24 Senators who are elected at large by qualified voters who serve for a term of not more than six 6 years.
Nevertheless, we still continue to lay claim over the KIG and the Scarborough Shoal through effective occupation. Thus, RAwhich took effect on 27 Marchbarely met the deadline.
Under traditional international law typology, States acquire or conversely, lose territory through occupation, accretion, cession and prescription,25 not by executing multilateral treaties on the regulations of sea-use rights or enacting statutes to comply with the treatys terms to delimit maritime zones and continental shelves.
These freedoms shall be exercised by all States with due regard for the interests of other States in their exercise of the freedom of the high seas, and also with due regard for the rights under this Convention with respect to activities in the Area.
Tolentino won over Corazon C. Major political parties are disallowed from participating in party-list elections.
However, religion has a great influence in the legal system of the Philippines.
Marcos and Arturo M. Nevertheless, we still continue to lay claim over the KIG and the Scarborough Shoal through effective occupation. ConstitutionArt. A republic means a government by the people and sovereignty resides in the entire people as a body politic. Petitioners assertion of loss of about 15, square nautical miles of territorial waters under RA is similarly unfounded both in fact and law.
Even under petitioners theory that the Philippine territory embraces the islands and all the waters within the rectangular area delimited in the Treaty of Paris, the baselines of the Philippines would still have to be drawn in accordance with RA because this is the only way to draw the baselines in conformity with UNCLOS III.MAGALLONA vs ERMITA July 16, G.R No.
CARPIO, J.: The Case This original action for the writs of certiorari and prohibition assails the constitutionality of Republic Act No. (RA ) adjusting the country’s archipelagic baselines and classifying the baseline regime of nearby territories.
SCRAarchipelagic doctrine, archipelagic waters, bajo de masinloc, baselines law, case digest, G.R No.kalayaan island group, kig, Magallona vs Ermita, Magallona vs Secretary, Merlin Magallona vs Secretary Eduardo Ermita, national territory, Philippine territory, political law, RA is Constitutional, right of innocent.
g.r no. august 16, prof. merlin m. magallona, akbayan party-list rep. risa hontiveros, prof. harry c. roque, jr., and university of the philippines.
This original action for the writs of certiorari and prohibition assails the constitutionality of Republic Act No.
(RA ) adjusting the country's archipelagic baselines and classifying the baseline regime of nearby territories. CASE DIGEST OF MAGALLONA VS ERMITA. FACTS OF THE CASE: The antecedent facts of this case emerged upon the passing of Republic Act in The law’s purpose is to demarcate the maritime baselines of the Philippines as it was deemed to be an archipelago/5(4).
Magalona vs Ermita Archipelagic Doctrine. MAGALONA VS ERMITA. G.R.
No. 16Aug Prof. Merlin Magalona, et al., Petitioners, vs. Hon Professor Merlin Magallona et al questioned the validity of RA as they contend, among others, that the .Download