NATIONAL TERRITORY
Article 1, 1987 PHIL. CONSTITUTION
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.
In short, the Philippine territory consists of: (1) the Philippine archipelago, and (2) all territories over which the Philippines have sovereignty or jurisdiction.
1. THE PHILIPPINE ARCHIPELAGO
a. Treaty Limits
1. TREATY OF PARIS of December 10, 1898.
Article III. Spain cedes to the United States the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line:A line running from west to east along or near the twentieth parallel of north latitude, and through the middle of the navigable channel of Bachi, from the one hundred and eighteenth (118th) to the one hundred and twenty-seventh (127th) degree meridian of longitude east of Greenwich, thence along the one hundred and twenty seventh (127th) degree meridian of longitude east of Greenwich to the parallel of four degrees and forty five minutes (4° 45') north latitude, thence along the parallel of four degrees and forty five minutes (4° 45') north latitude to its intersection with the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119° 35') east of Greenwich, thence along the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119° 35') east of Greenwich to the parallel of latitude seven degrees and forty minutes (7° 40') north, thence along the parallel of latitude of seven degrees and forty minutes (7° 40') north to its intersection with the one hundred and sixteenth (116th) degree meridian of longitude east of Greenwich, thence by a direct line to the intersection of the tenth (10th) degree parallel of north latitude with the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich, and thence along the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich to the point of beginning. The United States will pay to Spain the sum of twenty million dollars ($20,000,000) within three months after the exchange of the ratifications of the present treaty.
2. Treaty of Washington of November 7, 1900.
3. Treaty of January 2, 1930 between the United States and Great Britain.
b. Method of determining the baselines
1. RA 3046 (17 June 1961)
Determine appropriate points of the outer most Islands of the archipelago, and then connect them by means of a straight line until all islands are surrounded or enclosed by the imaginary straight line.
“The baselines from which the territorial sea of the Philippines is determined consist of straight lines joining appropriate points of the outermost islands of the archipelago.”
2. RA 5446 (8 September 1968)
Sec. 2 of the Act provides that the definition of the territorial sea of the Philippine archipelago as provided in this Act is without prejudice to the delineation of the baselines of the territorial sea around the territory of Sabah, situated in North Borneo, over which the republic of the Philippines has acquired dominion and sovereignty.
Uses of the baseline
1. Determine what is internal water (all water inside the baseline, whether or not more than 12 miles from the shore)
2. Determine the 200 mile EEZ
3. Archipelagic Doctrine
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.
The main purpose of the archipelagic doctrine is to protect the territorial interest of an archipelago.
2. OTHER TERRITORIES OVER WHICH THE PHILIPPINES HAS SOVEREIGNTY OR JURISDICTION
PD 1596 (June 11, 1978)
Claims the Kalayaan Group of Islands as part of the Philippine territory on the basis of historic rights and legal title.
The claim was made “by reason of history, indispensable need, and effective occupation and control established in accordance with international law.”
3. THE TERRITORIAL SEA, THE SEABED, THE SUBSOIL, THE INSULAR SHELVES AND OTHER SUBMARINE AREAS
“Territorial sea” means water outside the baseline extending up to 12 miles.
“Internal water” refers to water within the baseline.
“Insular shelf” means the land which is submerged under water which may extend beyond 12 miles as long as it is not more than 300 ft. deep. It is also known as intercontinental shelf.
4. EXCLUSIVE ECONOMIC ZONE
PD 1599 (June 11, 1978)
There is established an exclusive economic zone extending “to a distance of two hundred nautical miles beyond and from the baselines from which the territorial sea is measured. Provided that, where the outer limits of the zone as thus determined overlap the exclusive economic zone of an adjacent or neighboring state, the common boundaries shall be determined by agreement with the state concerned or in accordance with pertinent generally recognized principles or international law on delimitation.” (Sec. 1 thereof.)
Other states shall enjoy in the exclusive economic zone freedoms with respect to navigations and over flight, the laying of submarine cables and pipelines, and other internationally lawful uses of the sea relating to navigation and communication. (Sec. 4 thereof.)
UN CONVENTION ON THE LAW OF THE SEA (April 30, 1982)
The exclusive economic zone which shall not extend beyond 200 nautical miles from baselines, from which the breadth of the territorial sea is measured, is recognized in the UNCLOS, of which the Philippines is a signatory. Its concept is that although it is not part of the territory, exclusive economic benefit is reserved for the country.
Article 1, 1987 PHIL. CONSTITUTION
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.
In short, the Philippine territory consists of: (1) the Philippine archipelago, and (2) all territories over which the Philippines have sovereignty or jurisdiction.
1. THE PHILIPPINE ARCHIPELAGO
a. Treaty Limits
1. TREATY OF PARIS of December 10, 1898.
Article III. Spain cedes to the United States the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line:A line running from west to east along or near the twentieth parallel of north latitude, and through the middle of the navigable channel of Bachi, from the one hundred and eighteenth (118th) to the one hundred and twenty-seventh (127th) degree meridian of longitude east of Greenwich, thence along the one hundred and twenty seventh (127th) degree meridian of longitude east of Greenwich to the parallel of four degrees and forty five minutes (4° 45') north latitude, thence along the parallel of four degrees and forty five minutes (4° 45') north latitude to its intersection with the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119° 35') east of Greenwich, thence along the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119° 35') east of Greenwich to the parallel of latitude seven degrees and forty minutes (7° 40') north, thence along the parallel of latitude of seven degrees and forty minutes (7° 40') north to its intersection with the one hundred and sixteenth (116th) degree meridian of longitude east of Greenwich, thence by a direct line to the intersection of the tenth (10th) degree parallel of north latitude with the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich, and thence along the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich to the point of beginning. The United States will pay to Spain the sum of twenty million dollars ($20,000,000) within three months after the exchange of the ratifications of the present treaty.
2. Treaty of Washington of November 7, 1900.
3. Treaty of January 2, 1930 between the United States and Great Britain.
b. Method of determining the baselines
1. RA 3046 (17 June 1961)
Determine appropriate points of the outer most Islands of the archipelago, and then connect them by means of a straight line until all islands are surrounded or enclosed by the imaginary straight line.
“The baselines from which the territorial sea of the Philippines is determined consist of straight lines joining appropriate points of the outermost islands of the archipelago.”
2. RA 5446 (8 September 1968)
Sec. 2 of the Act provides that the definition of the territorial sea of the Philippine archipelago as provided in this Act is without prejudice to the delineation of the baselines of the territorial sea around the territory of Sabah, situated in North Borneo, over which the republic of the Philippines has acquired dominion and sovereignty.
Uses of the baseline
1. Determine what is internal water (all water inside the baseline, whether or not more than 12 miles from the shore)
2. Determine the 200 mile EEZ
3. Archipelagic Doctrine
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.
The main purpose of the archipelagic doctrine is to protect the territorial interest of an archipelago.
2. OTHER TERRITORIES OVER WHICH THE PHILIPPINES HAS SOVEREIGNTY OR JURISDICTION
PD 1596 (June 11, 1978)
Claims the Kalayaan Group of Islands as part of the Philippine territory on the basis of historic rights and legal title.
The claim was made “by reason of history, indispensable need, and effective occupation and control established in accordance with international law.”
3. THE TERRITORIAL SEA, THE SEABED, THE SUBSOIL, THE INSULAR SHELVES AND OTHER SUBMARINE AREAS
“Territorial sea” means water outside the baseline extending up to 12 miles.
“Internal water” refers to water within the baseline.
“Insular shelf” means the land which is submerged under water which may extend beyond 12 miles as long as it is not more than 300 ft. deep. It is also known as intercontinental shelf.
4. EXCLUSIVE ECONOMIC ZONE
PD 1599 (June 11, 1978)
There is established an exclusive economic zone extending “to a distance of two hundred nautical miles beyond and from the baselines from which the territorial sea is measured. Provided that, where the outer limits of the zone as thus determined overlap the exclusive economic zone of an adjacent or neighboring state, the common boundaries shall be determined by agreement with the state concerned or in accordance with pertinent generally recognized principles or international law on delimitation.” (Sec. 1 thereof.)
Other states shall enjoy in the exclusive economic zone freedoms with respect to navigations and over flight, the laying of submarine cables and pipelines, and other internationally lawful uses of the sea relating to navigation and communication. (Sec. 4 thereof.)
UN CONVENTION ON THE LAW OF THE SEA (April 30, 1982)
The exclusive economic zone which shall not extend beyond 200 nautical miles from baselines, from which the breadth of the territorial sea is measured, is recognized in the UNCLOS, of which the Philippines is a signatory. Its concept is that although it is not part of the territory, exclusive economic benefit is reserved for the country.
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