national territory
DESCRIPTION
constiTRANSCRIPT
1935 Cons*tu*on
The Philippines comprises all the territory ceded to the United States by the Treaty of Paris concluded between the United States and Spain on the tenth day of December, eighteen hundred and ninety-‐eight, the limits which are set forth in Ar>cle III 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 the treaty concluded between the United States and Great Britain on the second day of January, nineteen hundred and thirty, and all territory over which the present Government of the Philippine Islands exercises jurisdic>on.
1973 Cons*tu*on
The na>onal territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all the other territories belonging to the Philippines by historic right or legal >tle, including the territorial sea, the airspace, the subsoil, the seabed, the insular shelves and the other submarine areas over which the Philippines has sovereignty or jurisdic>on. The waters around, between and connec>ng the islands of the archipelago, irrespec>ve or their breadth and dimensions, form part of the internal waters of the Philippines.
1987 Cons*tu*on
The na>onal territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all the other territories over which the Philippines has sovereignty or jurisdic>on, consis>ng 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 connec>ng the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.
RA 5446 (1968 Baseline Law)
• The defini>on of the baselines of the territorial sea of the Philippine Archipelago as provided in this Act without prejudice to the delinea>on of the baselines of the territorial sea around the territory of Sabah, over which the Philippines has acquired dominion and sovereignty.
Old Philippine Baseline Law
Republic Act No. 3046, “An Act to Define the Baselines of the Territorial Sea of the Philippines” (17 June 1961), as amended by Republic Act No. 5446, “An Act to Define the Baselines of the Territorial Sea of the Philippines” (18 September 1968)
• All the waters around, between and connec>ng the various
islands of the Philippine archipelago, irrespec>ve of their width or dimension [are] necessary appurtenances of the land territory, forming part of the inland or internal waters of the Philippines.
• In addi>on, “all the waters beyond the outermost islands of the archipelago, but within the limits of the Treaty of Paris comprise the territorial sea of the Philippines”.
• Finally, this statute indicates that the baselines will consist of straight lines joining appropriate points of the outermost islands of the archipelago.
Other Relevant Marcos Issuances
• Presiden>al Proclama>on No. 370, declaring as subject to the jurisdic>on and control of the Republic of the Philippines all mineral and other natural resources in the con>nental shelf. (March 20, 1968)
• Presiden>al Decree No. 1599, establishing an Exclusive Economic Zone and for other purposes. (June 11, 1978)
Kalayaan Islands Group
Presiden>al Decree No. 1596, declaring certain part of the Philippine territory and providing for their government and administra>on. (June 11, 1978) • Whereas, by reason of their proximity the cluster of islands and islets in
the South China Sea situated within the following: Kalayaan Island Groups are vital to the security and economic survival of the Philippines;
• Whereas, much of the above area is part of the con>nental margin of the Philippine archipelago;
• Whereas, these areas do not legally belong to any state or na>on but, by reason of history, indispensable need, and effec>ve occupa>on and control established in accordance with the interna>onal law, such areas must now deemed to belong and subject to the sovereignty of the Philippines;
• Whereas, while other states have laid claims to some of these areas, their claims have lapsed by abandonment and cannot prevail over that of the Philippines on legal, historical, and equitable grounds.
RA 9522 (2008 Baseline Law) • Iden>cal baseline with 1961 Baseline Law (RA 5446) • The Kalayaan Island Group declared as belonging and subject to the
sovereignty of the Philippines under Presiden>al Decree No. 1596, and the Scarborough Shoal, over which the Philippines exercises sovereignty and jurisdic>on, shall be considered as “regime of islands” of the Republic of the Philippines under Ar>cle 121 of the United Na>ons Conven>on on the Law of the Sea (UNCLOS).
• This act shall be without prejudice to Philippine dominion and
sovereignty over all por>ons of the na>onal territory as defined under Ar>cle 1 of the Cons>tu>on of the Republic of the Philippines and by applicable law.
UNCLOS
• Ra>fied by the Philippines in August 1983 • An archipelagic state may draw straight archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago. (Art. 47, Sec. 1, UNCLOS)
• The drawing of such baselines shall not depart to any appreciable extent from the general configura>on of the archipelago. (Art. 47, Sec. 3, UNCLOS)
UNCLOS
• The waters within the baselines shall be considered internal waters;
• Territorial waters – 12 nau>cal miles from the baselines;
• Con>guous Zone – 24 nau>cal miles from the baselines;
• Exclusive Economic Zone -‐-‐ 200 nau>cal miles from the baselines.
Magallona vs. Ermita G.R. No. 187167, July 16, 2011
• UNCLOS III and its ancillary baselines laws play no role in the acquisi>on, enlargement or, as pe>>oners claim, diminu>on of territory. Under tradi>onal interna>onal law typology, States acquire territory through occupa>on, accre>on, cession and prescrip>on, not by execu>ng mul>lateral trea>es on the regula>ons of sea-‐use rights or enac>ng statutes to comply with the treaty’s terms to delimit mari>me zones and con>nental shelves. Territorial claims to land features are outside UNCLOS III, and are instead governed by the rules on general interna>onal law.
• UNCLOS III has nothing to do with the acquisi>on (or loss)
of territory. It is a mul>lateral treaty regula>ng, among others, sea-‐use rights over mari>me zones.