Wk 3 Lecture 1 - The National Territory - Provisions in the Constitution Relevant to Touri, Lab Reports of Law

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LATH 311 – SESSION 2

PROVISIONS IN THE PHILIPPINE CONSTITUTION RELEVANT

TO TOURISM AND HOSPITALITY INDUSTRY

LEARNING OBJECTIVES

At the end of the lessons, the students should be able to:

• Define constitution and explain its importance
• Enumerate the provisions in the Philippine Constitution

relevant to tourism and hospitality industry

• Explain the importance of the following articles in relation to

tourism and hospitality: The National Territory, The Bill of

Rights, Citizenship and National Economy and Patrimony

• Show respect to the laws of the Philippines

Nature & Purpose of the Constitution

1. It serves as the supreme or fundamental law
2. It establishes basic framework and underlying principles of government Constitutional Law Body of law derived from country’s written constitution. It lays down and guides the duties and powers of the government and the duties and rights of its citizens and residents.

STATUTE

1. Is a legislation from the people’s representatives.
2. It provides the details of the subject of which it treats
3. Is intended primarily to meet existing conditions only
4. Statute conforms to Constitution.

CONSTITUTION

1. Constitution is a legislation direct from the people

2. Constitution states the merely general framework of the law

3. Constitution is intended not merely to meet existing conditions but to govern the future

4. Constitution is the supreme or fundamental law

WHAT ARTICLES IN THE PHILIPPINE CONSTITUTION IS RELEVANT TO THE TOURISM & HOSPITALITY INDUSTRY?

Article 1: THE 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 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.

PHILIPPINE NATIONAL TERRITORY

3 KINDS OF DOMAIN

1. Terrestrial Domain (Land territory) - The territorial domain refers to the land mass, which may be integrate or dismembered, or partly bound by water or consist of one whole island. It may also be composed of several islands, like the Philippines, which are also known as mid-ocean archipelagos

2. Fluvial Domain (Maritime Territory) – which covers internal waters, territorial sea, contiguous zone, exclusive economic zone, continental shelf

3. Aerial Domain (Airspace) – It includes the air directly above the state's terrestrial and fluvial domains, all the way up to where the outer space begins. The International Convention on Civil Aviation holds that every state has complete and exclusive sovereignty over the air space above its territory. It also regulates flight of civil aircraft over the territory of another state except by special agreement

PHILIPPINE NATIONAL TERRITORY

What is Right of Innocent Passage?

Innocent passage is a concept in the law of the sea that allows for a vessel to pass through the territorial waters of another state, subject to certain restrictions. The United Nations Convention on the Law of the Sea Article 19 defines innocent passage as:

1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law.
2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities:

• (a) threat or use of force against the sovereignty, or political independence of the coastal State, or in any other manner in violation of the principles of international law; (b) exercise or practice with weapons; (c) act aimed at collecting information to the prejudice of the defense or security of the coastal State; (d) launching, landing or taking on board of any aircraft or military device; (e) loading or unloading of any commodity, currency or person contrary to the customs, immigration; (f) act of willful and serious; (g) any fishing activities; (h) the carrying out of research or survey activities; (i) any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State;

What is Right of Involuntary Entrance?

Right of involuntary entrance is the right of any foreign merchant vessel to enter the territorial waters of a state in case of emergency such as lack, of provision, unseaworthiness of the vessel, inclement weather, pursuit of pirates, or other force majeure.

PHILIPPINE NATIONAL TERRITORY

Maritime Territory

Exclusive Economic Zone (EEZ) States may claim an EEZ that extends 200 nautical miles from the baseline as per UNCLOS. In this zone, a coastal State has the exclusive right to exploit or conserve any resources found within the water, on the sea floor, or under the sea floor’s subsoil. These resources encompass both living resources, such as fish, and non-living resources, such as oil and natural gas.^4 States also have exclusive rights to engage in offshore energy generation from the waves, currents, and wind within their EEZ.

PHILIPPINE NATIONAL TERRITORY

Maritime Territory

Continental Shelf The continental shelf is a natural seaward extension of a land boundary. This seaward extension is geologically formed as the seabed slopes away from the coast, typically consisting of a gradual slope (the continental shelf proper), followed by a steep slope (the continental slope), and then a more gradual slope leading to the deep seabed floor. These three areas, collectively known as the continental margin, are rich in natural resources, including oil, natural gas and certain minerals.

Question: Based on UNCLOS, does China rights to claim Scarborough have the Shoal?

Take note of the question

below as it will be discussed

later during the synchronous

session

PHILIPPINE NATIONAL TERRITORY

For the purpose of tourism planning, development and marketing, having an idea of what constitutes the national territory of the Philippines is highly significant.

Question?

Are foreign embassies in the Philippines

considered as part of the Philippine territory?

Take note of the question as it will be discussed later during the synchronous session