12-item quiz on national territory (political law)

INSTRUCTIONS: For true-or-false (T/F) questions, write "true" if so and, if not, write "false" and briefly but substantially explain what makes the statement inaccurate.

[1] So to improve the fishing methods and techniques of Filipino fishermen, the Bureau of Fisheries (BOF), with the approval of President My Real John, entered into a memorandum of agreement with Japan to allow Japanese fishermen to fish within 200 miles from the Philippine sea coasts. In exchange, Filipino fishermen shall be allowed to use Japanese fishing equipment and vessels. By this, Filipino fishermen can learn modern technology in fishing and canning. Rule on the validity of the agreement.

[2] T/F. Islands outside the baseline are not part of the national territory of the Philippines.

[3] Define the archipelagic doctrine of national territory, state its rationale; and explain how it is implemented through the straight baseline method.

[4] Section 2 of RA 9522 declared the Kalayaan Island Group (KIG) and Scarborough Shoal as "Regimes of Islands." Professor Agaton contends that since the law did not enclose said islands, then the Philippines lost its sovereignty and jurisdiction over them. Is his contention correct? Explain.

[5] The Philippines and the Republic of Kroi Sha established diplomatic relations and immediately their respective Presidents signed the following: (1) Executive Agreement allowing the Republic of Kroi Sha to establish its embassy and consular offices within Metro Manila; and (2) Executive Agreement allowing the Republic of Kroi Sha to bring to the Philippines its military complement, warships, and armaments from time to time for a period not exceeding one month for the purpose of training exercises with the Philippine military forces and exempting from Philippine criminal jurisdiction acts committed in the line of duty by foreign military personnel, and from paying custom duties on all the goods brought by said foreign forces into Philippine territory in connection with the holding of the activities authorized under the said Executive Agreement.

Senator Maagap questioned the constitutionality of the said Executive Agreements and demanded that the Executive Agreements be submitted to the Senate for ratification pursuant to the Philippine Constitution. Is Senator Maagap correct? Explain.

[6] Congress passed Republic Act No. 7711 to comply with the United Nations Convention on the Law of the Sea. In a petition filed with the Supreme Court, Anak Ti Ilocos, an association of Ilocano professionals, argued that Republic Act No. 7711discarded the definition of the Philippine territory under the Treaty of Paris and in related treaties; excluded the Kalayaan Islands and the Scarborough Shoals from the Philippine Archipelagic baselines; and converted internal waters into archipelagic waters. Is the petition meritorious?
[7] T/F. Archipelagic line is a line from which the breadth of the territorial sea and other maritime zones is measured.

[8] T/F/ Contiguous zone is the maritime zone adjacent to the territorial seas where the coastal state may exercise certain protective jurisdiction.

[9] Under the archipelago doctrine, the waters around, between, and connecting the islands of the archipelago form part of the territorial sea of the archipelagic state.

[10] William, a private American citizen, a university graduate and frequent visitor to the Philippines, was inside the U.S. embassy when he got into a heated argument with a private Filipino citizen. Then, in front of many shocked witnesses, he killed the person he was arguing with. The police came, and brought him to the nearest police station. Upon reaching the station, the police investigator, in halting English, informed William of his Miranda rights, and assigned him an independent local counsel. William refused the services of the lawyer, and insisted that he be assisted by a Filipino lawyer currently based in the U.S. The request was denied, and the counsel assigned by the police stayed for the duration of the investigation. William protested his arrest. He argued that since the incident took place inside the U.S. embassy, Philippine courts have no jurisdiction because the U.S. embassy grounds are not part of Philippine territory; thus, technically, no crime under Philippine law was committed. Is William correct? Explain your answer.

[11] T/F. The question of whether to admit US military personnel in the Philippines is within the scope of judicial review.

[12] T/F. The Department of Foreign Affairs (DFA) has the preliminary power to determine whether an agreement is a treaty or an executive agreement.

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