NATIONAL TERRITORY:

Its Fundamental
Principles and Issues
Why should we study our
National Territory?
1. Binding force of such provision under
international law.
2. Value of provision defining our
national territory.
3. Acquisition of other territories.
PHILIPPINE
NATIONAL
TERRITORY
ARTICLE I
1987 Constitution
 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, the
connecting the islands of the
archipelago, regardless of their
breadth and dimensions, from part of
the internal waters of the Philippines.
 Archipelago
Derived from the Greek word pelagos
meaning sea.
A sea or part of a sea containing many
islands.
Our country is comprised of the sea and
all its islands which is considered to be
one single unit.
 ARCHIPELAGIC DOCTRINE
Two elements:

1. The definition of internal

waters (supra);
2. The straight baseline
method of delineating the
territorial sea consists of
drawing straight lines
connecting the outermost
points on the coast without
departing to any appreciable
extent from the general
direction of the coast.
 The three fold division of
navigable waters

From the standpoint of international law, the

waters of the earth are divided into:

Inland / internal/ national waters - Parts of the sea within

land territory, national waters
Territorial sea - It is the belt of water outside and parallel to
the coastline or the other limits of inland waters
High or open seas - Waters that lie seaward of the territorial
sea
 Important distances with respect to
the waters around the Philippines
The state in the EEZ exercises jurisdiction with regard
to:
1. the establishment and use of artificial islands,
installations, and structures;
2. marine scientific research;
3. the protection and preservation of marine
environment;
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 United Nations Convention on the
Law of the Sea
(UNCLOS)

defines the rights and responsibilities of

nations with respect to their use of the
world's oceans, establishing guidelines for
businesses, the environment, and the
management of marine natural resources.
Declaration of
Principles and
State Policies
ARTICLE II
 Principles
Section 1. The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority
emanates from them.
Section 2. The Philippines renounces war as an instrument of
national policy, adopts the generally accepted principles of
international law as part of the law of the land and adheres to the
policy of peace, equality, justice, freedom, cooperation, and amity
with all nations.
Section 3. Civilian authority is, at all times, supreme over the
military. The Armed Forces of the Philippines is the protector of the
people and the State. Its goal is to secure the sovereignty of the State
and the integrity of the national territory.
Section 4. The prime duty of the Government is to serve and protect
the people. The Government may call upon the people to defend the
State and, in the fulfillment thereof, all citizens may be required, under
conditions provided by law, to render personal, military or civil service.
Section 5. The maintenance of peace and order, the protection of life,
liberty, and property, and promotion of the general welfare are essential
for the enjoyment by all the people of the blessings of democracy.
Section 6. The separation of Church and State shall be inviolable.
 STATE POLICIES
Section 7. The State shall pursue an independent foreign policy. In its
relations with other states, the paramaount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to self-
determination.
Section 8. The Philippines, consistent with the national interest, adopts
and pursues a policy of freedom from nuclear weapons in its territory.
Section 9. The State shall promote a just and dynamic social order that
will ensure the prosperity and independence of the nation and free the
people from poverty through policies that provide adequate social services,
promote full employment, a rising standard of living, and an improved
quality of life for all.
Section 10. The State shall promote social justice in all phases of national
development.
Section 11. The State values the dignity of every human person and
guarantees full respect for human rights.
Section 12. The State recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous social institution.
It shall equally protect the life of the mother and the life of the unborn
from conception. The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and the development of moral
character shall receive the support of the Government.
Section 13. The State recognizes the vital role of the youth in nation-
building and shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being. It shall inculcate in the youth patriotism
and nationalism, and encourage their involvement in public and civic
affairs.
Section 14. The State recognizes the role of women in nation-building,
and shall ensure the fundamental equality before the law of women and
men.
Section 15. The State shall protect and promote the right to health of the
people and instill health consciousness among them.
Section 16. The State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and harmony of
nature
Section 17. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation and
development.
Section 18. The State affirms labor as a primary social economic force. It
shall protect the rights of workers and promote their welfare.
Section 19. The State shall develop a self-reliant and independent
national economy effectively controlled by Filipinos.
Section 20. The State recognizes the indispensable role of the private
sector, encourages private enterprise, and provides incentives to needed
investments.
Section 21. The State shall promote comprehensive rural development
and agrarian reform.
Section 22. The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and
development.
Section 23. The State shall encourage non-governmental, community-
based, or sectoral organizations that promote the welfare of the nation.
Section 24. The State recognizes the vital role of communication and
information in nation-building.
Section 25. The State shall ensure the autonomy of local governments.
Section 26. The State shall guarantee equal access to opportunities for
public service and prohibit political dynasties as may be defined by law.
Section 27. The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and
corruption.
Section 28. Subject to reasonable conditions prescribed by law, the State
adopts and implements a policy of full public disclosure of all its
transactions involving public interest.
 ISSUES
Territorial claims and its roots

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 ISSUE #1:
The Philippine Archipelagic
Baseline Law
RA 9522
 Roots of Territorial Claims

Boundaries between Southeast Asian states did not

develop or evolve from political frontiers or
indigenous states but rather dictated by political
powers.
Economic considerations
Strategic Reasons
 How do we draw the archipelagic
baseline?
An archipelagic State may draw straight
archipelagic baselines joining the outermost points of
the outermost islands and drying reefs of the
archipelago provided that within such baselines are
included the main islands and an area in which the
ratio of the area of the water to the area of the land,
including atolls, is between 1 to 1 and 9 to 1. (Art. 47 (1)
UNCLOS)
Has the Philippine drawn its
archipelagic baseline?
 FACTS OF THE CASES

1.Reduces the Philippines Maritime

Territory
2. Opens the country's landward of the
baselines to maritime passage
3. Prejudices the livelihood of fishermen
4. Failure of reference
 Sub-facts
It 'dismembers' the large portion of the
national territory
It weakens the claims on KIG and
Scarborough Shoal and other territory
Subjecting waters to the right and
innocent passage under 1982 UNCLOS
 Rulings on the Facts and Sub
Facts

First Second Third

The 1982 SEC. 2. The baselines in the No modern State can
UNCLOS has following areas over which validly invoke its
nothing to do with the Philippines likewise sovereignty to
the acquisition of exercises sovereignty and absolutely forbid
national territory jurisdiction shall be innocent passage that is
Baseline law such determined as "Regime of exercised in accordance
as RA 9522 is Islands" under the Republic with customary
enacted to serve as a of the Philippines consistent international law
geographical with Article 121 of the United without risking
starting point Nations Convention on the retaliatory measures
Law of the Sea (UNCLOS) from the international
community.
 ISSUE #2:
MARITIME CLAIMS
 MARITIME CLAIMS

Territorial Waters

Inland Waters

Exclusive Economic Zone

 Territorial Waters

Limits set of number of treaties in the colonial period

To rectify the error, the Sp-Am government concluded the
Washington Treaty

The borderline of North Borneo and Philippines

The American and British government had an agreement that
"all islands to the north and east of the said line and all islands
and rocks traversed by the said line, should there be any such,
shall belong to the Philippine archipelago and all islands to the
south and west of the said line shall belong to the state of North
Borneo.
 Inland Waters

The Note Verbale of Philippines to the

Secretary General of UN and the
archipelagic doctrine.
Pursuant to the Philippine
Archipelagic Doctrine, the government
passed RA 3046 and was later amended
by RA 5446 which was the basis of today's
RA 9522 of former Pres. GMA.
 Exclusive Economic Zone

Marcos' PD 1599 on the Exclusive Economic Zone

The 200 nm from the baseline is intended to
exploit all the living and non living resources and to
protect scientific researches
The PD includes the Sovereignty, Exclusive and
Such other rights recognized by international law or
state policies.
ISSUE #3:
SABAH
 SABAH

The territorial claim on Sabah started

when the Leader of Malaysia gave Sabah
as a gift of gratitude to the Sultanate of
Sulu for helping them in the war by
sending Tausug to their mainland.
The Jabidah or Corregidor Massacre
 Sabah rulings based on
international law

United Nations Charter (Art. 51) obligates its members,

including the Philippines, to settle international disputes
only by peaceful meansthat is, by negotiation, good
offices, enquiry, mediation, conciliation, arbitration,
judicial settlement in the International Court of Justice,
resort to regional agencies or arrangements, and other
peaceful methods. The Philippines cannot employ war or
other nonpeaceful ways to resolve the dispute
Sovereignty is the perpetual and absolute power of a state (not of
an individual) to command obedience within its territory. This
power is manifested through the states constitution and laws, and is
enforced by governmental agencies and officials. When needed, the
states military and police forces can be called to back this
enforcement.
Sovereignty has external and internal aspects, external being the
states ability to act without foreign intervention. It is often equated
with independence. Internal sovereignty refers to the power of the
state to rule within its borders and to govern both citizens (at home
and abroad) and aliens staying in its territory. In the exercise of
internal sovereignty, it maintains peace and order, fixes the
relationships of people, and governs the rights to own properties
situated within its borders.
 ISSUE #4:
The Kalayaan Group Of
Island
 The Kalayaan Group Of Island
The Philippines laid its claim on the Kalayaan Island on June 11,
1978 with the issuance of Presidential Decree No. 1596 by then
President Ferdinand Marcos. The claim was justified on the
following grounds: that it was vital to the country's security and
economic survival; that the territory did not legally belong to
any other country, that any claims by other states have been
abandoned, and that thePhilippines had establishe its
sovereignty by indispensable need and effective occupation and
control. The decree goes on to state that such area is constituted
as a distinct and separate municipality of the Province of
Palawan and shall be known as "Kalayaan."
 Thanks!
Any questions?

GIAN ERIKA INDON

DAISY JOY C. RIZO JOSE