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The document discusses the definition of the national territory of the Philippines according to the 1987 Constitution. It describes the components that make up the territory, including the archipelago, islands, waters, and airspace. It also notes some minor changes from the 1973 Constitution but does not abandon claims to territories based on historic right or legal title.

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37 views2 pages

23

The document discusses the definition of the national territory of the Philippines according to the 1987 Constitution. It describes the components that make up the territory, including the archipelago, islands, waters, and airspace. It also notes some minor changes from the 1973 Constitution but does not abandon claims to territories based on historic right or legal title.

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Ms. Not for sale
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© © All Rights Reserved
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‘Taz CoNcerr oF THE STATE 23

external waters, which make up the maritime and flu:


vial domain, and the air space above the land and wa-
ters, which is called the aerial domain.

Article I of the Constitution provides as follows:

“NATIONAL TERRITORY

“The national territory comprises the Philippine archi-


pelago, with all the islands and waters embraced therein, and
all other territories over which the Philippines has sovereignty
or jurisdiction, consisting of its terrestrial, fuvial, 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 archipel-
‘ago, regardless of their breadth and dimensions, form part of
the internal waters of the Philippines.”

‘The above provision is a substantial reproduction of


Article I of the 1973 Constitution with only a few minor
changes.

Departing from the method employed in the 1935


Constitution, which described the national territory by
reference to the pertinent treaties concluded by the
United States during its regime in this country, the
present rule now physically lists the components of our
territory and so de-emphasizes recollections of our colo-
nial past. The article has deleted reference to the terri-
tories we claim “by historic right or legal title,” but this
does not mean an outright or formal abandonment of
such claim, which was best left to a judicial body capa-
ble of passing judgment over the issue.”

At any rate, it has been pointed out that “the defi-


nition of the baselines of the territorial sea of the Phil-
ippine Archipelago” as provided for in Section 2 of Re-
public Act No, 5446 “is without prejudice to the delinea-

* Res. of the Constitutional Commission, July 10, 1986,

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