The 1987 Philippine
Constitution
Article 1
"National Territory"
Article 1
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, and
connecting the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal waters of the
Philippines.
Necessity of Constitutional
Provision on National Territory
Binding force of such Value of provision defining Acquisition of other
provision under our national territory territories
international law
Defining our The Constitution
There is no rule in national territory
international law which does not prevent the
requires a State to define as precisely as Philippines from
its territorial boundaries in possible for the acquiring other
its Constitution. purpose of making territories through
it known to the
With or without such a any means (e.g.
world the areas
provision, a State under
over which we purchase,
international law has the exchange, etc.) as
unquestioned right to assert title or
assert jurisdiction ownership to avoid sanctioned by
throughout the extent of future conflicts international law.
its territory.
with other nations.
Archipelago
Derived from the Greek word “pelagos” which means “sea”
Defined as a sea or a part of a sea studded with islands or as a
large group of islands in an extensive body of water, such as sea
Shall be regarded as a single unit, so that waters around, between,
and connecting the islands of the archipelago, irrespective of their
breadth and dimensions, form part of the internal waters of the
state, subject to its exclusive sovereignty
The Archipelagic Doctrine
A legal principle
An imaginary single baseline is drawn around the islands
by joining appropriate points of the outermost islands of
the archipelago with straight lines and all islands and
waters enclosed within the baseline form part of its
territory to emphasize unity.
Other territories over which
the Philippines has
sovereignty or jurisdiction
Pending Philippine claim to Sabah
The phrase “all the other territories belonging to the
Philippines by historic right or legal title” found in the 1973
Constitution was omitted in the present Charter. It
acquired a definite meaning in the 1973 Constitution as a
cover-all for pending claims.
Sabah is the northern part of Borneo
Coastline of 800-900 miles
Sulu Sea in the North East
1,143km from Manila and 1,678km from Kuala Lumpur
Future claims by the Philippines to
other areas
The deletion of the words “by historic right
or legal title” is not to be constructed as
precluding future claims by the Philippines
to areas over which it does not actually
exercise sovereignty.
Domains
Aerial
Territorial
Fluvial
Terrestrial Domain
Refers to the land whether agricultural, forest and national
parks under sovereignty and jurisdiction of the Philippines
Includes properties of public dominion as well as properties
of private ownership
Public dominion - includes those for public use and public service
Private ownership - consists of patrimonial properties of the
government and of those vested in individuals whether owned singly or
collectively
Fluvial Domain
Internal waters Territorial waters Archipelagic waters
Out to 12 nautical miles from A baseline is drawn
Covers all water the baseline between the outermost
and waterways on Vessels were given the right points of outermost
of “innocent passage”
the landward side through any territorial
islands, subject to these
of the baseline waters, with strategic sraits points being sufficiently
allowing the passage of close to one another.
The coastal state is military craft as “transit All water inside this
free to set laws, passage” in that naval baseline will be
regulate use, and vessels are allowed to archipelagic waters
maintain postures that and as part of the
use any resources. would be illegal in territorial
state’s internal waters.
waters.
Fluvial Domain
Contiguous zone EEZs Continental shelf
Beyond the 12 nautical Exclusive economic Natural prolongation of
mile limit, there was a zones the land territory to the
further 12 nautical miles Extend 200 nautical continental margine’s
or 24 nautical miles miles from the baseline
outer edge, or 200
from the territorial sea Within the area, the
coastal nation has sole
nautical miles from the
baselines limit. coastal state’s baseline,
exploitation rights over
A state could continue all natural resources. whichever is greater
to enforce laws Foreign nations have Coastal states have the
regarding activities freedom of navigation right to harvest mineral
such as smuggling of and overflight, subject and non-living material
illegal immigration. to regulation of coastal in the subsoil.
states.
Aerial Domain
It was proposed during the deliberations of the
Constitutional Commission regarding the Constitution
of 1987 that “the aerial domain of the Philippines
includes the air directly above its terrestrial and
fluvial domains.”
All the air that lies above our land territory and our
water territory belongs to us.
Other Areas
included in the
Philippine
Archipelago
The territorial Sea
The seabed (or sea floor
or sea bottom)
The insular shelves
The subsoil
Other submarine areas
Three-fold division
of navigable
waters
Inland waters Territorial sea High or open seas
Waters that lie
Parts of the Belt of water seaward of the
sea within the outside and territorial sea
parallel to the International waters
land territory which means that
coastline or to
Also called they are not subject
the outer limits to the sovereignty of
national of the inland or any state but every
waters internal waters state has equal right
of use in them
Ermita vs Magallona
G.R. No. 187167
August 16, 2011
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