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Outline 1 - National Territory

The document discusses definitions of national territory in Philippine constitutions. It notes that the 1935 constitution defined national territory as areas ceded by Spain in the 1898 Treaty of Paris and areas acquired in the 1900 and 1930 treaties with the US and UK. The 1973 and 1987 constitutions adopted an archipelagic principle and defined territory as the Philippine archipelago and waters between islands, as well as areas of sovereignty under international law. The document also discusses concepts like archipelagic baselines and zones under the UN Convention on the Law of the Sea.

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Kayceebeca Songayon
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109 views2 pages

Outline 1 - National Territory

The document discusses definitions of national territory in Philippine constitutions. It notes that the 1935 constitution defined national territory as areas ceded by Spain in the 1898 Treaty of Paris and areas acquired in the 1900 and 1930 treaties with the US and UK. The 1973 and 1987 constitutions adopted an archipelagic principle and defined territory as the Philippine archipelago and waters between islands, as well as areas of sovereignty under international law. The document also discusses concepts like archipelagic baselines and zones under the UN Convention on the Law of the Sea.

Uploaded by

Kayceebeca Songayon
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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• Article I - NATIONAL TERRITORY

• Is it the definition of a national territory in the constitution which determines the extent of
Philippine territory?

• Is a definition of Philippine territory in the Constitution necessary?

• Philippine constitutionalism accepts the principle that it is not the constitution which fixes the
extent of Philippine territory.

• Why a definition of the Philippine territory in the 35 constitution?

• It reflected a strategy, a tactical purpose.

• Why a definition of the national territory under the ’73 and the ’87 constitutions?

• National territory under the 1935 Constitution: Article I, Section 1.

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 of which are set forth in Article 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 in the treaty concluded between the United States
and Great Britain on the second day of January, nineteen hundred and thirty, and all the territory over
which the present Government of the Philippine Islands exercises jurisdiction.

The Position Paper of China in the SCS arbitration at the Hague.

See Carpio: The 1734 Murillo de Velarde Map.

• National territory under the 1973 Constitution: Article I, Section 1.


  The national territory comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territories belonging to the Philippines by historic right or legal
title, including the territorial sea, the air space, the subsoil, the seabed, the insular shelves,
and the other submarine areas over which the Philippines has sovereignty or jurisdiction. …..

…..The waters around, between, and connecting the islands of the archipelago, irrespective of
their breath and dimensions, form part of the internal waters of the Philippines.

• Archipelagic principle

• Archipelagic states

• UNCLOS defined certain provisions under the archipelagic doctrine:

• Base Lines:
• RA No. 9522, also known as the Philippines Archipelagic Baselines Law.

• Internal Waters:

• Territorial Sea:

• "Innocent passage"

• Contiguous Zone:

• Exclusive Economic Zone: (EEZ)

• Continental Shelf:

• National Territory under the 1987 Constitution: Article I, Section 1.


  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.

All other territories over which the Philippines has sovereignty or jurisdiction (as against 1973’s all other
territories belonging to the Philippines by historic right or legal title)

• “belonging to the Philippines by historic right or legal title”.

• Benham Rise: PH's new territory off Aurora.

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