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    National Territory

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    St Dalfour Cebu
    This document outlines the evolution of definitions of Philippine territory and maritime zones in various constitutions and laws from 1935 to present. It establishes that: 1) The 1935 and 1973 constitutions defined territory as including areas acquired from Spain and under Philippine jurisdiction. 2) The 1987 constitution and laws like the 1968 and 2008 Baseline Laws further defined the archipelago, territorial sea, and maritime entitlements. 3) Presidential decrees in the 1970s declared Philippine sovereignty over the Kalayaan Island Group and resources in the continental shelf and exclusive economic zone. 4) Laws have consistently defined internal waters as all waters between islands, regardless of size, and territorial sea as waters beyond the outermost islands.

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    National Territory

    Uploaded by

    St Dalfour Cebu
    105 views12 pages
    This document outlines the evolution of definitions of Philippine territory and maritime zones in various constitutions and laws from 1935 to present. It establishes that: 1) The 1935 and 1973 constitutions defined territory as including areas acquired from Spain and under Philippine jurisdiction. 2) The 1987 constitution and laws like the 1968 and 2008 Baseline Laws further defined the archipelago, territorial sea, and maritime entitlements. 3) Presidential decrees in the 1970s declared Philippine sovereignty over the Kalayaan Island Group and resources in the continental shelf and exclusive economic zone. 4) Laws have consistently defined internal waters as all waters between islands, regardless of size, and territorial sea as waters beyond the outermost islands.

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    This document outlines the evolution of definitions of Philippine territory and maritime zones in various constitutions and laws from 1935 to present. It establishes that: 1) The 1935 and 1973 constitutions defined territory as including areas acquired from Spain and under Philippine jurisdiction. 2) The 1987 constitution and laws like the 1968 and 2008 Baseline Laws further defined the archipelago, territorial sea, and maritime entitlements. 3) Presidential decrees in the 1970s declared Philippine sovereignty over the Kalayaan Island Group and resources in the continental shelf and exclusive economic zone. 4) Laws have consistently defined internal waters as all waters between islands, regardless of size, and territorial sea as waters beyond the outermost islands.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    105 views12 pages

    National Territory

    Uploaded by

    St Dalfour Cebu
    This document outlines the evolution of definitions of Philippine territory and maritime zones in various constitutions and laws from 1935 to present. It establishes that: 1) The 1935 and 1973 constitutions defined territory as including areas acquired from Spain and under Philippine jurisdiction. 2) The 1987 constitution and laws like the 1968 and 2008 Baseline Laws further defined the archipelago, territorial sea, and maritime entitlements. 3) Presidential decrees in the 1970s declared Philippine sovereignty over the Kalayaan Island Group and resources in the continental shelf and exclusive economic zone. 4) Laws have consistently defined internal waters as all waters between islands, regardless of size, and territorial sea as waters beyond the outermost islands.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 12

    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, uvial 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 deni>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 Dene the Baselines of the
    Territorial Sea of the Philippines (17 June 1961), as amended by
    Republic Act No. 5446, An Act to Dene 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 eec>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 dened
    under Ar>cle 1 of the Cons>tu>on of the Republic of the Philippines
    and by applicable law.

    UNCLOS
    Ra>ed 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
    congura>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 treatys 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.

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