CONFLICTS OF LAWS.docx

8/14/2019 CONFLICTS OF LAWS.docx

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CONFLICTS OF LAWS; Definition :1. That part of the law of each state or nation which determines whether, in dealing with

a legal situation, the law or some other state or nation will be recognized, given effect,or applied (16 Am Jur, 2d, Conflict of Laws, 1).

2. That part of municipal law of a state which directs its courts and administrativeagencies, when confronted with a legal problem involving a foreign element, whetheror not they should apply a foreign law/s (Paras).

DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW

BASIS CONFLICT OF LAW LAW OF NATIONS

1 Nature Municipal in character International in character

2 Personsinvolved

Dealt with by privateindividuals; governsindividuals in their privatetransactions which involve aforeign element

Sovereign states and other

entities possessinginternational personality, e.g.,UN; governs states in theirrelationships amongstthemselves

3 Transactionsinvolved

Private transactions between private individuals

Generally affected by publicinterest; those in general are ofinterest only to sovereignstates

4RemediesandSanctions Resort to municipal tribunals

May be peaceful or forciblePeaceful: includes diplomatic

negotiation, tender & exercise

of good offices, mediation,

inquiry & conciliation,

arbitration, judicial settlement

by ICJ, reference to regional

agencies

Forcible: includes severance of

diplomatic relations, retorsions,reprisals, embargo, boycott,

non-intercourse, pacific

blockades, collective measures

under the UN Charter, and war.

SOURCES:


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Direct:

1. Constitutions

2. Codifications

1. Special Laws2. Treaties and Conventions3. Judicial Decisions4. International Customs

Indirect:

1. Natural moral law

1. Work of writersTERMS: Lex Domicilii law of the domicile; in conflicts, the law of ones domicile applied in thechoice of law questionsLex Fori law of the forum; that is, the positive law of the state, country or jurisdictionof whose judicial system of the court where the suit is brought or remedy is sought is anintegral part. Substantive rights are determined by the law where the action arose ( lexloci ) while the procedural rights are governed by the law of the place of the forum ( lex

fori )

Lex Loci law of the placeLex Loci Contractus the law of the place where the contract was made or law of theplace where the contract is to be governed (place of performance) which may or may notbe the same as that of the place where it was madeLex Loci Rei Sitae law of the place where the thing or subject matter is situated; thetitle to realty or question of real estate law can be affected only by the law of the placewhere it is situatedLex Situs - law of the place where property is situated; the general rule is that lands andother immovables are governed by the law of the state where they are situated

Lex Loci Actus - law of the place where the act was doneLex Loci Celebrationis law of the place where the contract is madeLex Loci Solutionis law of the place of solution; the law of the place where payment orperformance of a contract is to be madeLex Loci Delicti Commissi law of the place where the crime took place


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Lex Mereatoria law merchant; commercial law; that system of laws which is adoptedby all commercial nations and constitute as part of the law of the land; part of commonlawLex Non Scripta the unwritten common law, which includes general and particular

customs and particular local lawsLex Patriae - national lawRenvoi Doctrine doctrine whereby a jural matter is presented which the conflict of lawsrules of the forum refer to a foreign law which in turn, refers the matter back to the lawof the forum or a third state. When reference is made back to the law of the forum, thisis said to be remission while reference to a third state is called transmission. Nationality Theory - by virtue of which the status and capacity of an individual aregenerally governed by the law of his nationality. This is principally adopted in the RPDomiciliary Theory in general, the status, condition, rights, obligations, & capacity of a

person should be governed by the law of his domicile.Long Arm Statutes Statutes allowing the courts to exercise jurisdiction when there areminimum contacts between the non-resident defendant and the forum.WAYS OF DEALING WITH A CONFLICTS PROBLEM:

1. Dismiss the case for lack of jurisdiction, or on the ground of forum non-conveniensDOCTRINE OF FORUM NON CONVENIENS the forum is inconvenient; the ends of justicewould be best served by trial in another forum; the controversy may be more suitablytried elsewhere

1. Assume jurisdiction and apply either the law of the forum or of another state

1. i. A specific law of the forum decrees that internal law should apply 1. APPLY INTERNAL LAW forum law should be applied whenever there is good reason to

do so; there is a good reason when any one of the following factors is present:

Examples: Article. 16 of the Civil Code real and personal property subject to the law of the

country where they are situated and testamentary succession governed by lex nationalii Article 829 of the Civil Code makes revocation done outside Philippines valid according

to law of the place where will was made or lex domicilii Article 819 of the Civil Code prohibits Filipinos from making joint wills even if valid in

foreign country1. ii. The proper foreign law was not properly pleaded and proved

NOTICE AND PROOF OF FOREIGN LAW As a general rule, courts do not take judicial notice of foreign laws; Foreign laws must

be pleaded and proved Effect of failure to plead and prove foreign law (3 alternatives) of the forum court:

(a) Dismiss the case for inability to establish cause of action


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(b) Assume that the foreign law of the same as the law of the forum

(c) Apply the law of the forum

1. The case falls under any of the exceptions to the application of foreign law

Exceptions to application of foreign law:

(a) The foreign law is contrary to the public policy of the forum

(b) The foreign law is procedural in nature

(c) The case involves issues related to property, real or personal (lex situs)

(d) The issue involved in the enforcement of foreign claim is fiscal or administrative

(e) The foreign law or judgment is contrary to good morals ( contra bonos mores )

(f) The foreign law is penal in character

(g) When application of the foreign law may work undeniable injustice to the citizens ofthe forum

(h) When application of the foreign law might endanger the vital interest of the state

2. APPLY FOREIGN LAW when properly pleaded and proved

THEORIES WHY FOREIGN LAW SHOULD BE GIVEN EFFECT 1. Theory of Comity foreign law is applied because of its convenience & because we

want to give protection to our citizens, residents, & transients in our land2. Theory of Vested Rights we seek to enforce not foreign law itself but the rights that

have been vested under such foreign law; an act done in another state may give rise tothe existence of a right if the laws of that state crated such right.

3. Theory of Local Law - adherents of this school of thought believe that we apply foreignlaw not because it is foreign, but because our laws, by applying similar rules, require usto do so; hence, it is as if the foreign law has become part & parcel of our local law

4. Theory of Harmony of Laws theorists here insist that in many cases we have to apply

the foreign laws so that wherever a case is decided, that is, irrespective of the forum,the solution should be approximately the same; thus, identical or similar solutionsanywhere & everywhere. When the goal is realized, there will be harmony of laws

5. Theory of Justice the purpose of all laws, including Conflict of Laws, is the dispensingof justice; if this can be attained in may cases applying the proper foreign law, we mustdo so

Rules on Status in General


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Factual Situation Point of Contact

1 Beginning of personality of natural person

National law of the child (Article 15,CC)

2Ways & effects of emancipation Same

3Age of majority Same

4Use of names and surnames Same

5Use of titles of nobility Same

6Absence Same

7Presumptive death & survivorship

Lex fori (Article 43, 390, 391, CC;Rule 131 5 [jj], Rules of Court)

Rules on Marriage as a Contract

FACTUAL SITUATION POINT OF CONTACT

Celebrated

Abroad

Between Filipinos

Lex loci celebrationis is without prejudice to the exceptions underArticles 25, 35 (1, 4, 5 & 6), 36, 37 &38 of the Family Code (bigamous &incestuous marriages) & consularmarriages

Between Foreigners

Lex loci celebrationis EXCEPT if themarriage is:1. Highly immoral (like bigamous/

polygamous marriages)2. Universally considered

incestuous (between brother-sister, and ascendants-


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descendants)

MixedApply 1 (b) to uphold validity ofmarriage

Celebrated

in RP

Between Foreigners

National law (Article 21, FC)PROVIDED the marriage is not highlyimmoral or universally consideredincestuous)

Mixed National law of Filipino (otherwise public policy may be militated against)

Marriage by proxy ( NOTE : a marriage by proxy is considered celebratedwhere the proxy appears

Lex loci celebrationis (with prejudiceto the foregoing rules)

Rules on Marriage as a Status


1 Personal rights & obligations betweenhusband & wife

National of husband( Note: Effect of subsequent change of

nationality:1. If both will have a new

nationality the new one2. If only one will change the last

common nationality

3. If no common nationality nationality of husband at thetime of wedding)

2Property relations bet husband & wife

National law of husband without prejudice to what the CC providesconcerning REAL property located inthe RP (Article 80) ( NOTE : Change ofnationality has NO EFFECT. This isthe DOCTRINE OFIMMUTABILITY IN THEMATRIMONIAL PROPERTYREGIME)

Rules on Property


Real property Lex rei sitae (Article 16, CC)


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Exceptions

Successional rights National law of decedent (Article 16 par. 2, CC)

Capacity to succeed National law of decedent (Article.1039)

Contracts involving real propertywhich do not deal with the title thereto

The law intended will be the properlaw of the contract ( lex locivoluntantis or lex loci intentionis )

Contracts where the real property isgiven as security

The principal contract (usually loan) isgoverned by the proper law oft thecontract (lex loci voluntatis or lexloci intentionis )

NOTE : the mortgage itself is governed

by lex rei sitae . There is a possibility

that the principal contract is valid but themortgage is void; or it may be the other

way around. If the principal contract is

void, the mortgage will also be void (for

lack of proper cause or consideration),

although by itself, the mortgage could

have been valid.

Tangible personal property (choses in possession)

1In General Lex rei sitae (Article. 16, CC)

Exceptions: same as those for real property

EXCEPTION : same as those for real property EXCEPT that in the exampleconcerning mortgage, the same must

be changed to pledge of personal property)

2

Means of Transportation

VesselsLaw of the flag (or in some cases,

place of registry)

Other meansLaw of the depot (storage place forsupplies or resting place)

3Things in transitu (these things have achanging status because they move)


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Loss, destruction, deteriorationLaw of the destination (Article. 1753,CC)

Validity & effect of the seizure of the

goods

Locus regit actum (where seized) because said place is their

temporary situs

Disposition or alienage of the goods

Lex loci volutantis or lex lociintentionis because here there is acontract


INTangIBLE PERSONAL PROPERTY(CHOSES IN ACTION)

1 Recovery of debts or involuntaryassignment of debts (garnishment)

Where debtor may be effectivelyserved with summons (usually thedomicile)

2Voluntary assignment of debts

Lex loci voluntatis or lex lociintentionis (proper law of the contract)

Other Theories:1. National law of the debtor or creditor2. Domicile of the debtor or creditor3. Lex loci celebrationis 4. Lex loci solutionis

3Taxation of debts Domicile of creditor

4Administration of debts

Lex situs of assets of the debtor (forthese assets can be held liable for thedebts)

5 Negotiability or non-negotiability of aninstrument

The right embodied in the instrument(for example, in the case of a Swedish

bill of exchange, Swedish lawdetermines its negotiability)


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6 Validity of transfer, delivery ornegotiation of the instrument

In general, situs of the instrument atthe time of transfer, delivery ornegotiation

7 Effect on a corporation of the sale ofcorporate shares Law of the place incorporation

8 Effect between the parties of the saleof corporate shares

Lex loci voluntatis or lex lociintentionis (proper law of the contract)

for this is really a contract; usuallythis is the place where the certificate isdelivered)

9 Taxation on the dividends of corporateshares Law of the place of incorporation

10 Taxation on the income from the saleof corporate shares

Law of the place where the sale wasconsummated

11Franchises Law of the place that granted them

12 Goodwill of the business & taxationthereto

Law of the place where the business iscarried on

13 Patents, copyrights, trademarks, tradenames

In the absence of a treaty, they are protected only by the state that grantedthem

NOTE : foreigners may sue for

infringement of trademarks and trade

names in the RP ONLY IF Filipinos are

granted reciprocal concessions in the

state of the foreigners

Wills, Succession & Administration of Conflict Rules FACTUAL SITUATION POINT OF CONTACT

Extrinsic Validity of Wills

1Made by an alien abroad

Lex nationalii OR lex domicilii OR RPlaw (Article 816, CC), OR lex locicelebrationis (Article 17(1))


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2Made by a Filipino abroad

Lex nationalii OR lex locicelebrationis (Article 815)

3 Made by an alien in the RP Lex nationalii OR lex locicelebrationis (Article 817)


Extrinsic Validity of Joint Wills (made inthe same instrument)

1Made by Filipinos abroad

Lex nationalii (void, even if validwhere made) (Article 819)

2Made by aliens abroad

Valid if valid according to lexdomicilii or lex locicelebrationis (Article 819)

3Made by aliens in the RP

Lex loci celebrationis therefore voideven if apparently allowed by Article817 because the prohibition on jointwills is a clear expression of public

policy

Intrinsic Validity of Wills

Lex nationalii of the deceased regardless of the LOCATION &

NATURE of the property (Article 16(2))

Capacity to Succeed Lex nationalii of the deceased not ofthe heir (Article 1039)

Revocation of Wills

1If done in the RP

Lex loci actus (of the revocation)(Article. 829)

2

If done OUTSIDE the RP

1. By a NON-DOMICILIARY

Lex loci celebrationis (of the making ofthe will, NOT revocation), OR lexdomicilii (Article 829)


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1. By a DOMICILIARY of the RP Lex domicilii (RP law) OR lex lociactus (of the revocation) (Article 17)

Probate of Wills Made Abroad

1If not yet probated abroad

Lex fori of the RP applies as to the procedural aspects, i.e. , the will must be fully probated here & due executionmust be shown

2If already probated abroad

Lex fori of the RP again applies as tothe procedural aspects; must also be

probated here, but instead of provingdue execution, generally it is enough toask for the enforcement here of theforeign judgment on the probate abroad

Executors and Administrators

1Where appointed

Place where domiciled at death orincase of non-domiciliary, where assetsare found

2Powers

Co-extensive with the qualifying of theappointing court powers may only beexercised within the territorial

jurisdiction of the court concerned NOTE : these rules also apply to

principal, domiciliary, or ancillaryadministrators & receivers even in non-

successive cases

Rules on Obligation and Contracts


Formal or Extrinsic Validity Lex loci celebrationis (Article 17 {1})

Exceptions

1. Alienation & encumbrance of property Lex situs (Article 16 [1])

1. Consular contractsLaw of the RP (if made in RPconsulates)

Capacity of Contracting Parties National law (Article 15) without


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prejudice to the case of InsularGovernment v Frank 13 P 236, wherethe SC adhered to the theory of lex locicelebrationis

Exception

Alienation & encumbrance of property Lex situs (Article 16 {1})

Intrinsic validity (including interpretation ofthe instruments, and amt. of damages for

breach)

Proper law of the contract lexcontractus (in the broad sense),meaning the lex voluntatis or lex lociintentionis

Other Theories are:1. Lex loci celebrationis (defect: this makes possible the evasion of the national law)2. Lex nationalii (defect: this may impede commercial transactions)3. Lex loci solutionis (law of the place of performance) (defect: there may be several

places of performance4. Prof Minors solution: 5. Perfection lex loci celebrationis 6. Cause or consideration lex loci considerations 7. Performance lex loci solutionis (defect: this theory combines the defect of the

others)

Rules on Torts


Liability & damages for torts in general NOTE : The locus delicti (place of

commission of torts) is faced by the

problem of characterization. In civil law

countries, the locus delicti is generally

where the act began; in common law

countries, it is where the act first becameeffective

Lex loci delicti (law of the place wherethe delict was committed)

NOTE : liability for foreign torts may be

enforced in the RP if:1. The tort is not penal in character2. If the enforcement of the tortious

liability wont contravene our public policy

3. If our judicial machinery isadequate for such enforcement

Rules on Crimes


Essential elements of a crime and penalties Generally where committed (locus regit


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actum)

Theories as to what court has jurisdiction:1. Territoriality theory where the crime was committed2. Nationality theory country which the criminal is citizen or a subject3. Real theory any state whose penal code has been violated has jurisdiction,

where the crime was committed inside or outside its territory4. Protective theory any state whose national interests may be jeopardized has

jurisdiction so that it may protect itself5. Cosmopolitan or universality theory state where the criminal is found or which

has his custody has jurisdiction6. Passive personality theory the state of which the victim is a citizen or subject

has jurisdiction NOTE: In the RP, we follow the territoriality theory in general; exception: Article 2, RPC,

stresses the protective theoryThe locus delicti of certain crimes

1 Frustrated an consummated, homicide,murder, infanticide & parricide

Where the victim was injured (notwhere the aggressor wielded hisweapon)

2

Attempted homicide, etc.

Where the intended victim was (notwhere the aggressor was situated) solong as the weapon or the bullet eithertouched him or fell inside the territory

where he was

3Bigamy

Where the illegal marriage was performed

4Theft & robbery

Where the property was unlawfullytaken from the victim (not the place towhich the criminal went after thecommission of the crime)

5 Estafa or swindling thru falserepresentation

Where the object of the crime was

received (not where the falserepresentations were made)

6

Conspiracy to commit treason,rebellion, or sedition

NOTE: Other conspiracies are NOT

penalized by our laws

Where the conspiracy was formed (notwhere the overt act of treason, rebellionor sedition was committed)


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7Libel Where published or circulated

8 Continuing crime Any place where the offense begins,exists or continues

9Complex crime

Any place where any of the essentialelements of the crime took place

Rules on Juridical Persons


Corporations

Powers and liabilities

General rule: the law of the place ofincorporation

EXCEPTIONS :1. For constitutional purposes

even of the corporation wasincorporated in the RP, it is nordeemed a Filipino corporation &therefore cant acquire land,exploit our natural resources, 7operate public utilities unless60% of capital if Filipino owned

2. For wartime purposes we pierce the corporation veil & goto the nationality of thecontrolling stockholders todetermine if the corporation isan enemy (CONTROL TEST)

Formation of the corporation(requisites); kind of stocks, transfer of

stocks to bind the corporation,issuance, amount & legality &dividends, powers & duties ofmembers, stockholders and officers Law of the place of incorporation

Validity of corporate acts & contracts(including ultra vires acts)

Law of the place of incorporation &law of the place of performance (theact or contract must be authorized by


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BOTH laws)

Right to sue & amenability to court processes & suits against it Lex fori

Manner & effect of dissolution

Law of the place of incorporation provided that the public policy of theforum is not militated against

Domicile

If not fixed by the law creating orrecognizing the corporation or by anyother provision the domicile is whereit is legal representation is establishedor where it exercises its principalfunctions (Article. 15)

Receivers (appointment & powers)

Principal receiver is appointed by the

courts of the state of incorporation;ancillary receivers, by the courts ofany state where the corporation hasassets (authority is CO-EXTENSIVE)w/ the authority of the appointingcourt

NOTE: Theories on the personal and/or governing law of corporations:1. Law of the place of incorporation (this is generally the RP rule)2. Law of the place or center of management (center for administration or siege

social) (center office principle)

3. Law of the place of exploitation ( exploitation centre or siege d exploitation )Partnerships

The existence or non-existence of legal personality of the firm; the capacity tocontract; liability of the firm & the

partners to 3 rd persons

The personal law of the partnership,i.e., the law of the place where it wascreated (Article 15 of the Code ofCommerce) (Subject to the exceptionsgiven above as in the case of corps.)

Creation of branches in the RP;validity & effect of the branchescommercial transaction; & the

jurisdiction of the court

RP law (law of the place where branches were created) (Article 15,Code of Commerce)

Dissolution, winding up, &termination of branches in the RP

RP law (Article 15, Code ofCommerce)

DomicileIf not fixed by the law creating orrecognizing the partnership or by any


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other provision the domicile is whereit is legal representation is establishedor where it exercises its principalfunctions (Article. 15)

Receivers

RP law insofar as the assets in the RPare concerned can be exercised as suchonly in the RP

Foundations (combination of capitalindependent of individuals, usually not for

profit)Personal law of the foundation (placeof principal center of administration)

REPUBLIC ACT No. 2382

THE MEDICAL ACT OF 1959

ARTICLE IObjectives and Implementation

Section 1. Objectives. This Act provides for and shall govern (a) the standardization andregulation of medical education; (b) the examination for registration of physicians; and (c) thesupervision, control and regulation of the practice of medicine in the Philippines.

Section 2. Enforcement. For the purpose of implementing the provisions of this Act, there arecreated the following agencies: the Board of Medical Education under the Department ofEducation, and the Board of Medical Examiners under the Commissioner of Civil Service.

ARTICLE IIThe Board of Medical Education Its Functions

Section 3. Composition of Board of Medical Education. The Board of Medical Education shall be composed of the Secretary of Education or his duly authorized representative, as chairman,and the Secretary of Health or his duly authorized representative, the Director of the Bureau ofPrivate Schools or his duly authorized representative, the chairman of the Board of MedicalExaminers or his duly authorized representative, a representative of private practitioners, upon

recommendation of an acknowledged medical association and a representative chosen by thePhilippine Association of Colleges and Universities, as members.

The officials acting as chairman and members of the Board of Medical Education shall holdoffice during their incumbency in their respective positions.


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Zoology and Botany 15

Physics 8

Chemistry 21

Library Science 1Humanities and Social Sciences 12

Twelve units of Spanish shall be required pursuant to Republic Act Numbered Seven hundrednine; but commencing with the academic year nineteen hundred sixty to nineteen hundred sixty-one, twenty-four units of Spanish shall be required pursuant to Republic Act Numbered Eighteenhundred and eighty-one as cultural, social and nationalistic studies.

Provided, That the following students may be permitted to complete the aforesaid preparatorymedical course in shorter periods as follows:

(a) Students whose general average is below eighty-five per cent but without any grade offailure or condition may be allowed to pursue and finish the course in three academicyears and the intervening summer sessions; and

(b) Students whose general average is eighty-five per cent or over may be permitted tofinish the course in three academic years by allowing them to take each semester theoverload permitted to bright students under existing regulations of the Bureau of PrivateSchools.

Provided, That upon failure to maintain the general average of eighty-five per cent, studentsunder (b) shall automatically revert to the category of students under (a) and those under (a),upon having any grade of failure or condition, shall automatically revert to the category ofstudents required to pursue the preparatory course in four years mentioned above.

The medical course shall be at least five years, including not less than eleven rotating internshipin an approved hospital, and shall consist of the following subjects:

Anatomy

Physiology

Biochemistry and Nutrition

Pharmacology

Microbiology

Parasitology

Medicine and Therapeutics


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9. Schedule hours per academic year by departments

10. Number of students enrolled in each class.

ARTICLE III

THE BOARD OF MEDICAL EXAMINERS; REGISTRATION OF PHYSICIANS Section 8. Prerequisite to the practice of medicine. No person shall engage in the practice ofmedicine in the Philippines unless he is at least twenty-one years of age, has satisfactorily passedthe corresponding Board Examination, and is a holder of a valid Certificate of Registration dulyissued to him by the Board of Medical Examiners.

Section 9. Candidates for board examination. Candidates for Board examinations shall have thefollowing qualifications:

(1) He shall be a citizen of the Philippines or a citizen of any foreign country who has

submitted competent and conclusive documentary evidence, confirmed by theDepartment of Foreign Affairs, showing that his country's existing laws permit citizens ofthe Philippines to practice medicine under the same rules and regulations governingcitizens thereof;

(2) He shall be of good moral character, showing for this purpose certificate of civilstatus;

(3) He shall be of sound mind;

(4) He shall not have been convicted by a court of competent jurisdiction of any offense

involving moral turpitude; and

(5) He shall be a holder of the degree of Doctor of Medicine or its equivalent, conferred by a college of medicine duly recognized by the Department of Education.

Section 10. Acts constituting practice of medicine. A person shall be considered as engaged inthe practice of medicine (a) who shall, for compensation, fee, salary or reward in any form, paidto him directly or through another, or even without the same, physical examine any person, anddiagnose, treat, operate or prescribe any remedy for any human disease, injury, deformity,

physical, mental or physical condition or any ailment, real or imaginary, regardless of the natureof the remedy or treatment administered, prescribed or recommended; or (b) who shall, by means

of signs, cards, advertisements, written or printed matter, or through the radio, television or anyother means of communication, either offer or undertake by any means or method to diagnose,treat, operate or prescribe any remedy for any human disease, injury, deformity, physical, mentalor physical condition; or (c) who shall use the title M.D. after his name.

Section 11. Exemptions. The preceding section shall not be construed to affect (a) any medicalstudent duly enrolled in an approved medical college or school under training, serving withoutany professional fee in any government or private hospital, provided that he renders such service


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the list of names submitted by the Philippine Medical Association in accordance with the provisions of this Act.

No examiner shall handle the examinations in more than four subjects or groups of subjects ashereinafter provided. The distribution of subject to each member shall be agreed upon at a

meeting called by the chairman for the purpose. The examination papers shall be under thecustody of the Commissioner of Civil Service or his duly authorized representative, and shall bedistributed to each member of the Board who shall correct, grade, and sign, and submit them tothe said Commissioner within one hundred twenty days from the date of the termination of theexaminations.

A final meeting of the Board for the deliberation and approval of the grades shall be called by theCommissioner of Civil Service immediately after receipt of the records from the members of theBoard of Medical Examiners. The secretary of the Board shall submit to the President of thePhilippines for approval the names of the successful candidates as having been duly qualified forlicensure in alphabetical order, without stating the ratings obtained by each.

Section 14. Qualifications of examiners. No person shall be appointed a member of the Board ofMedical Examiners unless he or she (1) is a natural-born citizen of the Philippines, (2) is a dulyregistered physician in the Philippines, (3) has been in the practice of medicine for at least tenyears, (4) is of good moral character and of recognized standing in the medical profession, (5) isnot a member of the faculty of any medical school and has no pecuniary interest, directly orindirectly, in any college of medicine or in any institution where any branch of medicine istaught, at the time of his appointment: Provided , That of the six members to be appointed, notmore than two shall be graduates of the same institution and not more than three shall begovernment physicians.

Section 15. Tenure of office and compensation of members. The members of the Board ofMedical Examiners shall hold office for one year: Provided , That any member may bereappointed for not more than one year. Each member shall receive as compensation ten pesosfor each candidate examined for registration as physician, and five pesos for each candidateexamined in the preliminary or final physician examination.

The President of the Philippines, upon the recommendation of the Commissioner of Civil Service, after due investigation, may remove any member of the Board of Medical Examiners forneglect of duty, incompetency, or unprofessional or dishonorable conduct.

Section 16. Executive Officer and Secretary of the Board. The Secretary of the Boards ofExaminers appointed in accordance with section ten of Act Numbered Four thousand seven, asamended, shall also be the secretary of the Board of Medical Examiners, who shall keep all therecords, including examination papers, and the minutes of the deliberations of the Board. Heshall also keep a register of all persons to whom certificates of registration has been granted; setforth the name, sec, age, and place of birth of each, place of business, post office address, thename of the medical college or university from which he graduated or in which he had studied,together with time spent in the study of the profession elsewhere, the name of the country wherethe institution is located which had granted to him the degree or certificate of attendance upon


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clinic and all lectures in medicine and surgery, and all other degrees granted to him frominstitutions of learning. He shall keep an up-to-date registration book of all duly registered

physicians in the Philippines. He shall furnish copies of all examination questions and ratings ineach subject of the respective candidates in the physicians examination, one month after therelease of the list of successful examinees, to the deans of the different colleges of medicine

exclusively for the information and guidance of the faculties thereof. This report shall beconsidered as restricted information. Any school which violates this rule shall be deprived ofsuch privilege. The secretary of the Board shall likewise keep a record of all registered medicalstudents. He shall keep all the records and proceedings, and issue and receive all papers inconnection with any and all complaints presented to the Board.

Section 17. Rules and regulations. The Board of Medical Examiners, with the approval of theCommissioner of Civil Service, shall promulgate such rules and regulations as may be necessaryfor the proper conduct of the examinations, correction of examination papers, and registration of

physicians. The Commissioner shall supervise each Board examination and enforce the said rulesand regulations. These rules and regulations shall take effect fifteen days after the date of their

publication in the Official Gazette and shall not be changed within sixty days immediately beforeany examination. Such rules and regulations shall be printed and distributed for the informationand guidance of all concerned.

Section 18. Dates of examinations. The Board of Medical Examiners shall give examinations forthe registration of physicians, one in May and one in November every year, in the City of Manilaor any of its suburbs after giving not less than ten days' notice to each candidate who had filedhis name and address with the secretary of the Board.

Section 19. Fees. The secretary of the Board, under the supervision of the Commissioner of CivilService, shall collect from each candidate the following fees:

For registration as medical student P 5.00

For complete physician examination 75.00

For preliminary or final examination 40.00

For registration as physician 20.00

All fees paid as provided herein shall accrue to the funds of the Board of Medical Examiners and be expended for the payment of the compensation of the members thereof. No fees other thanthose provided herein shall be paid to the Board.

Section 20. Issuance of Certificate of Registration, grounds for refusal of same. TheCommissioner of Civil Service and the secretary of the Board of Medical Examiners shall sign

jointly and issue certificates of registration to those who have satisfactorily complied with therequirements of the Board. They shall not issue a certificate of registration to any candidate whohas been convicted by a court of competent jurisdiction of any criminal offense involving moralturpitude, or has been found guilty of immoral or dishonorable conduct after he due investigation

by the Board of Medical Examiners, or has been declared to be of unsound mind.


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Section 21. Scope of examination. The examination for the registration of physicians shallconsist of the following subjects: (1) Anatomy and Histology, (2) Physiology, (3) Biochemistry,(4) Microbiology and Parasitology, (5) Pharcology and Therapeutics, (6) Pathology, (7)Medicine, (8) Obstetrics and Gynecology, (9) Pediatrics and Nutrition, (10) Surgery andOpthalmology, Otolaryngology and Rhinology, (11) Preventive Medicine and Public Health, and

(12) Legal Medicine, Ethics and Medical Jurisprudence: Provided , however , That theexamination questions in each subject or group of subject shall at least be ten in number: Provided, further , That the examination questions in Medicine shall include at least three fromthe following branches: Infectious diseases, Neurology, Dermatology, Allergy, Endocrinologyand Cardio-Vascular diseases: Provided , finally , That the examination questions in Surgery shallinclude at least four questions from the following: Opthalmology, Otology, Rhinology,Laryngology, Orthopedic Surgery and Anesthesiology.

The questions shall be the same for all applicants. All answers must be written either in Englishor Spanish. No name of the examinee shall appear in the examination paper but the examinersshall devise a system whereby each applicant can be identified by number only.

In order that a candidate may be deemed to have passed his examination successfully he musthave obtained a general average of seventy-five per cent without a grade lower than sixty-five

per cent in Medicine, Pediatrics and Nutrition, Obstetrics and Gynecology, and PreventiveMedicine and Public Health, and no grade lower than fifty per cent in the rest of the subjects.

The preliminary examinations shall comprise of the following subjects:

(1) Gross Anatomy and Histology

(2) Physiology

(3) Biochemistry

(4) Microbiology and Parasitology

Section 22. Administrative investigation s. In addition to the functions provided for in the preceding sections, the Board of Medical Examiners shall perform the following duties: (1) toadminister oath to physicians who qualified in the examination; (2) to study the conditionsaffecting the practice of medicine in all parts of the Philippines; (3) to exercise the powersconferred upon it by this article with the view of maintaining the ethical and professionalstandards of the medical profession; (4) to subpoena or subpoena duces tecum witnesses for all

purposes required in the discharge of its duties; and (5) to promulgate, with the approval of theCommissioner of Civil Service, such rules and regulations as it may deem necessary for the performance of its duties in harmony with the provisions of this Act and necessary for the proper practice of medicine in the Philippines.

Administrative investigations may be conducted by not less than four members of the Board ofMedical Examiners; otherwise the proceedings shall be considered void. The existing rules ofevidence shall be observed during all administrative investigations. The Board may disapprove


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applications for examination or registration, reprimand erring physicians, or suspend or revokeregistration certificates, if the respondents are found guilty after due investigations.

Section 23. Procedure and rules. Within five days after the filling of written charges under oath,the respondent physician shall be furnished a copy thereof, without requiring him or her to

answer the same, and the Board shall conduct the investigation within five days after the receiptof such copy by the respondent. The investigation shall be completed as soon as practicable.

Section 24. Grounds for reprimand, suspension or revocation of registration certificate. Any ofthe following shall be sufficient ground for reprimanding a physician, or for suspending orrevoking a certificate of registration as physician:

(1) Conviction by a court of competent jurisdiction of any criminal offense involvingmoral turpitude;

(2) Immoral or dishonorable conduct;

(3) Insanity;

(4) Fraud in the acquisition of the certificate of registration;

(5) Gross negligence, ignorance or incompetence in the practice of his or her professionresulting in an injury to or death of the patient;

(6) Addiction to alcoholic beverages or to any habit forming drug rendering him or herincompetent to practice his or her profession, or to any form of gambling;

(7) False or extravagant or unethical advertisements wherein other things than his name, profession, limitation of practice, clinic hours, office and home address, are mentioned.

(8) Performance of or aiding in any criminal abortion;

(9) Knowingly issuing any false medical certificate;

(10) Issuing any statement or spreading any news or rumor which is derogatory to thecharacter and reputation of another physician without justifiable motive;

(11) Aiding or acting as a dummy of an unqualified or unregistered person to practice

medicine;

(12) Violation of any provision of the Code of Ethics as approved by the PhilippineMedical Association.

Refusal of a physician to attend a patient in danger of death is not a sufficient ground forrevocation or suspension of his registration certificate if there is a risk to the physician's life.


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Section 25. Rights of respondents. The respondent physician shall be entitled to be represented by counsel or be heard by himself or herself, to have a speedy and public hearing, to confrontand to cross-examine witnesses against him or her, and to all other rights guaranteed by theConstitution and provided for in the Rules of Court.

Section 26. Appeal from judgment. The decision of the Board of Medical Examiners shallautomatically become final thirty days after the date of its promulgation unless the respondent,during the same period, has appealed to the Commissioner of Civil Service and later to theOffice of the President of the Philippines. If the final decision is not satisfactory, the respondentmay ask for a review of the case, or may file in court a petition for certiorari .

Section 27. Reinstatement. After two years, the Board may order the reinstatement of any physicians whose certificate of registration has been revoked, if the respondent has acted in anexemplary manner in the community wherein he resides and has not committed any illegal,immoral or dishonorable act.

ARTICLE IVPENAL AND OTHER PROVISIONS

Section 28. Penalties. Any person found guilty of "illegal practice of medicine" shall be punished by a fine of not less than one thousand pesos nor more than ten thousand pesos withsubsidiary imprisonment in case of insolvency, or by imprisonment of not less than one year normore than five years, or by both such fine and imprisonment, in the discretion of the court.

Section 29. Injunctions. The Board of Medical Examiners may file an action to enjoin any person illegally practicing medicine from the performance of any act constituting practice ofmedicine if the case so warrants until the necessary certificate therefore is secured. Any such

person who, after having been so enjoined, continues in the illegal practice of medicine shall be punished for contempt of court. The said injunction shall not relieve the person practicingmedicine without certificate of registration from criminal prosecution and punishment as

provided in the preceding section.

Section 30. Appropriation. To carry out the provisions of this Act, there is hereby appropriated,out of any funds in the National Treasury not otherwise appropriated, the sum of twentythousand pesos.

Section 31. Repealing clause. All Acts, executive orders, administrative orders, rules andregulations, or parts thereof inconsistent with the provisions of this Act are repealed or modifiedaccordingly.

Section 32. Effectivity. This Act shall take effect upon its approval: Provided , That if it isapproved during the time when examinations for physicians are held, it shall take effectimmediately after the said examinations: Provided, further , That section six of this Act shall takeeffect at the beginning of the academic year nineteen hundred sixty to nineteen hundred sixty-one, and the first paragraph of section seven shall take effect four years thereafter.


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Approved: June 20, 1959

Republic of the PhilippinesCongress of the Philippines

Metro Manila

Fourteenth CongressSecond Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand eight.

Republic Act No. 9522 March 10, 2009

AN ACT TO AMEND CERTAIN PROVISIONS OF REPUBLIC ACT NO. 3046, AS

AMENDED BY REPUBLIC ACT NO. 5446, TO DEFINE THE ARCHIPELAGICBASELINE OF THE PHILIPPINES AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congressassembled: :

Section 1. Section 1 of Republic Act No. 3046, entitled "An Act to Define the Baselines of theTerritorial Sea of the Philippines", as amended by Section 1 of Republic Act No. 5446, is herebyamended to read as follows:

Section 1. The baselines of the Philippines archipelago are hereby defined and described

specifically as follows:

Basepoint Number

Station Name

Location World Geodetic System of 1984(WGS 84) Coordinates

Distancto next

basepoin(M)Latitude (N) Longitude (E)

1 PAB-01 Amianan Is. 21657.73" 1215727.71" 70.0

2 PAB-02 Balintang Is. 195738.19" 122946.32" 99.1

3 PAB-04 Bigan Pt. 181835.30" 1222019.07" 71.8

4 PAB-05A Ditolong Pt. 17716.30" 1223128.34" 1.0

5 PAB-05B Ditolong Pt. 17614.79" 1223143.84" 0.3

6 PAB-05 Ditolong Pt. 17551.31" 1223142.66" 3.2

7 PAB-06 Spires Is. 17236.91" 122313.28" 9.7

8 PAB-06B Digollorin Pt. 165918.03" 1222756.61" 3.5
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9 PAB-06C Digollorin Rk. 164956.11" 1222650.78" 2.4

10 PAB-07 Divimisa Pt. 164738.86" 122264.40" 30.9

11 PAB-08 Dinoban Pt. 161844.33" 1221406.69" 116.2

12 PAB-10A Tinaga Is. 142954.43" 1225751.15" 80.213 PAB-11 Horodaba Rk. 146.29.91" 1241659.21" 0.5

14 PAB-12 Matulin Rk. 146.10.40" 1241726.28" 96.0

15 PAB-13 Atalaya Pt. 12416.37" 125353.71" 6.7

16 PAB-13A Bacan Is. 123618.41" 125850.19" 5.5

17 PAB-14 Finch Rk. 1232.33.62" 1251259.70" 0.8

18 PAB-14A Cube Rk. 1231.57.45" 1251332.37" 4.9

19 PAB-14D NW Manjud Pt. 122836.42" 1251712.32" 1.320 PAB-15 SE Manjud Pt. 122737.51" 125185.23" 7.0

21 PAB-16A S Sorz Cay 122141.64" 125237.41" 5.6

22 PAB-16B Panablihon 121727.17" 125270.12" 5.2

23 PAB-16C Alugon 121321.95" 1253019.47" 1.9

24 PAB-16D N Bunga Pt. 121148.16" 1253130.88" 0.5

25 PAB-17 E Bunga Pt. 121120.67" 1253148.29" 5.7

26 PAB-18A SE Tobabao Is. 1267.00" 1253411.94" 83.927 PAB-19C Suluan Is. 104516.70" 125588.78" 56.2

28 PAB-19D N Tuason Pt. 94959.58" 126106.39" 57.4

29 PAB-20A Arangasa Is. 85316.62" 1262048.81" 40.6

30 PAB-21B Sanco Pt. 81311.53" 1262853.25" 30.8

31 PAB-22 Bagoso Is 74245.02" 1263429.08" 12.9

32 PAB-22C Languyan 72949.47" 1263559.24" 0.5

33 PAB-23 Languyan 72916.93" 1263559.50" 0.7

34 PAB-23B Languyan 72830.97" 1263557.30" 1

35 PAB-23C N Baculin Pt. 72729.42" 1263551.31" 10.1

36 PAB-24 Pusan Pt. 71719.80" 1263618.26" 1.1

37 PAB-24A S Pusan Pt. 71614.43" 1263557.20" 63.2


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38 PAB-25B Cape San Agustin 61714.73" 1261214.40" 1.2

39 PAB-25 Cape San Agustin 6168.35" 1261135.06" 67.6

40 PAB-26 SE Sarangani Is. 52334.20" 1252842.11" 0.4

41 PAB-27 Pangil Bato Pt. 52321.80" 1252819.59" 3.442 PAB-28 Tapundo Pt. 62155.66" 1262511.21" 3.3

43 PAB-29 W Calia Pt. 52158.48" 1252152.03" 0.8

44 PAB-30 Manamil Is. 5222.91" 1252059.73" 1.7

45 PAB-31 Marampog Pt. 52320.18" 1251944.29" 78.4

46 PAB-32 Pola Pt. 698.44" 1241542.81" 122.8

47 PAB-33A Kantuan Is 62647.22" 12213.34.50" 29.44

48 PAB-34A Tongguil Is. 6233.77" 1215636.20" 2.349 PAB-35 Tongquil Is 618.51" 1215441.45" 1.7

50 PAB-35A Tongquil Is. 6017.88" 1216311.17" 85.9

51 PAB-38A Kirapusan Is 512.8.70" 1204138.14" 55.2

52 PAB-39 Manuk Manka Is. 44739.24" 1195158.08" 43.4

53 PAB-40 Frances Reef 42453.84" 1191450.71 0.6

54 PAB-40A Frances Reef 4253.83" 1191415.15" 15.4

55 PAB-41A Bajapa Reef 436"9.01" 119322.75" 6.856 PAB-42A Paguan Is. 44252.07" 119144.04" 8.4

57 PAB-43 Alice Reef 44555.25" 119315.19" 2.2

58 PAB-44 Alice Reef 4475.36" 119512.94" 18.6

59 PAB-45 Omapoy Rk. 45510.45" 119221.30 23.3

60 PAB-46 Bukut Lapis Pt. 5223.73" 1194418.14" 44.2

61 PAB-47 Pearl Bank 54635.15" 1193951.77" 75.1

62 PAB-48 Bagnan Is. 6558.41" 1182657.30" 8.5

63 PAB-48A Taganak Is 6414.08" 1181833.33" 13.4

64 PAB-49 Great BakkungaanIs.

6114.65" 118654.15" 3.9

65 PAB-50 Libiman Is. 61339.90" 118352.09" 5.5


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66 PAB-51 Sibaung Is. 61743.99" 11805.44" 41.6

67 PAB-52 Muligi Is. 65214.53" 1182340.49" 75.0

68 PAB-53 South Mangsee Is. 73026.05" 1171833.75" 26.0

69 PAB-54 Balabac Is. 74830.69" 1165939.18" 6.070 PAB-54A Balabac Great Reef 75127.17" 1165417.19" 1.1

71 PAB-54B Balabac Great Reef 75219.86" 1165328.73" 2.2

72 PAB-55 Balabac Great Reef 75436.35" 1165316.64" 5.4

73 PAB-60 Ada Reef 820.26" 1165410.04" 10.8

74 PAB.61 Secam Is. 81118.36" 1165951.87" 30.8

75 PAB-62 Latua Pt. 88756.37" 1171551.23" 7.9

76 PAB-63 SW Tatub Pt. 84417.40" 1172039.37" 11.877 PAB-63A W Sicud Pt. 85332.20" 1172815.78" 13.2

78 PAB-64 Tarumpitao Pt. 92.57.47" 1173738.88" 81.1

79 PAB.64B Dry Is. 95922.54" 1183653.61" 82.7

80 PAB-65C Sinangcolan Pt. 111319.82" 1191517.74" 74.6

81 PAB-67 Pinnacle Rk. 121935.22" 1195056.00 93.8

82 PAB-68 Cabra Is 135324.45" 12015.86" 115.6

83 PAB-71 Hermana Mayor Is. 154843.61" 1194656.09" 9.384 PAB-72 Tambobo Pt. 155761.67" 1194455.32" 12.0

85 PAB-72B Rena Pt. 16957.90" 11945.15.76" 0.25

86 PAB-73 Rena Pt. 161012.42" 1194511.95" 6.4

87 PAB-74 Rocky Ledge 161634.46" 1194619.50" 0.6

88 PAB-74A Piedra Pt. 163712.70" 1194628.62" 1.3

89 PAB-75 Piedra Pt. 161829.49" 1194644.94" 1.0

90 PAB-75C Piedra Pt. 161928.20" 119477.69" 0.6

91 PAB-75D Piedra Pt. 16204.38" 1194720.48" 80.6

92 PAB-76 Dile Pt. 173424.94" 1202033.36" 6.8

93 PAB-77 Pinget Is. 174117.56" 120212.20" 14.1

94 PAB-78 Baboc Is. 17554.13" 1202440.56" 35.4


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95 PAB-79 Cape Bojeador 182932.42" 1203342.41" 1.7

96 PAB-79B Bobon 183052.88" 1203455.35" 58.2

97 PAB-80 Calagangan Pt. 191014.78" 1211252.64" 98.0

98 PAB-82 Itbayat Is. 204315.74" 1214657.80" 25.699 PAB-83 Amianan Is 21717.47" 1215643.85" 0.0

100 PAB-84 Amianan Is. 21718.41" 1215648.79" 0.2

101 PAB-85 Amianan Is. 21712.04" 121573.65" 0.4

Section 2. The baseline in the following areas over which the Philippines likewise exercisessovereignty and jurisdiction shall be determined as "Regime of Islands" under the Republic ofthe Philippines consistent with Article 121 of the United Nations Convention on the Law of theSea (UNCLOS):

a) The Kalayaan Island Group as constituted under Presidential Decree No. 1596; and

b) Bajo de Masinloc, also known as Scarborough Shoal.

Section 3. This Act affirms that the Republic of the Philippines has dominion, sovereignty and jurisdiction over all portions of the national territory as defined in the Constitution and by provisions of applicable laws including, without limitation, Republic Act No. 7160 , otherwiseknown as the Local Government Code of 1991, as amended.

Section 4. This Act, together with the geographic coordinates and the chart and maps indicatingthe aforesaid baselines, shall be deposited and registered with the Secretary General of theUnited Nations.

Section 5. The National Mapping and Resource Information Authority (NAMRIA) shallforthwith produce and publish charts and maps of the appropriate scale clearly representing thedelineation of basepoints and baselines as set forth in this Act.

Section 6. The amount necessary to carry out the provisions of this Act shall be provided in asupplemental budyet or included in the General Appropriations Act of the year of its enactmentinto law.

Section 7. If any portion or provision of this Act is declared unconstitutional or invalid the other portions or provisions hereof which are not affected thereby shall continue to be in full force andeffect.

Section 8. The provisions of Republic Act No. 3046, as amended by Republic Act No. 5446, andall other laws, decrees, executive orders, rules and issuances inconsistent with this Act arehereby amended or modified accordingly.
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Section 9. This Act shall take effect fifteen (15) days following its publication in the OfficialGazette or in any two (2) newspaper of general circulation.

Approved

(Sgd.) PROSPERO C.NOGRALES Speaker of the House of

Representatives

(Sgd.) JUAN PONCE ENRILE President of the Senate

This Act which is a consolidation of Senate Bill No. 2699 and House Bill No. 3216 was finally passed by the Senate and the House of Representative on February 17, 2009.

(Sgd.) MARILYN B. BARUA-YAP

Secretary GeneralHouse of Represenatives

(Sgd.) EMMA LIRIO-REYES Secretary of Senate

Approved: MAR 10, 2009

(Sgd.) GLORIA MACAPAGAL-ARROYO President of the Philippine

EN BANC

PROF. MERLIN M. MAGALLONA, G.R No. 187167

AKBAYAN PARTY-LIST REP. RISA

HONTIVEROS, PROF. HARRY C. Present:

ROQUE, JR., AND UNIVERSITY OF

THE PHILIPPINES COLLEGE OF CORONA, C.J. ,

LAW STUDENTS, ALITHEA CARPIO,

BARBARA ACAS, VOLTAIRE VELASCO, JR.,


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CHRISTIAN RIVERO, DIANNE MARIE

ROA, NICHOLAS SANTIZO, MELISSA

CHRISTINA SANTOS, CRISTINE MAE

TABING, VANESSA ANNE TORNO,

MARIA ESTER VANGUARDIA, and

MARCELINO VELOSO III,

Petitioners,

- versus -

HON. EDUARDO ERMITA, IN HIS

CAPACITY AS EXECUTIVE

SECRETARY, HON. ALBERTO

ROMULO, IN HIS CAPACITY AS

SECRETARY OF THE DEPARTMENT

OF FOREIGN AFFAIRS, HON.

ROLANDO ANDAYA, IN HIS CAPACITY

AS SECRETARY OF THE DEPARTMENT

OF BUDGET AND MANAGEMENT,

HON. DIONY VENTURA, IN HISCAPACITY AS ADMINISTRATOR OF

THE NATIONAL MAPPING &

RESOURCE INFORMATION


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AUTHORITY, and HON. HILARIO

DAVIDE, JR., IN HIS CAPACITY AS

REPRESENTATIVE OF THE

PERMANENT MISSION OF THE

REPUBLIC OF THE PHILIPPINES Promulgated:

TO THE UNITED NATIONS,

Respondents. July 16, 2011

x -----------------------------------------------------------------------------------------x

D E C I S I O N

CARPIO, J .:

The Case

This original action for the writs of certiorari and prohibition assails theconstitutionality of Republic Act No. 9522 1 (RA 9522) adjusting the countrys

archipelagic baselines and classifying the baseline regime of nearby territories.
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The Antecedents

In 1961, Congress passed Republic Act No. 3046 (RA 3046 )2 demarcating the

maritime baselines of the Philippines as an archipelagic State .3 This law followed the

framing of the Convention on the Territorial Sea and the Contiguous Zone in 1958

(UNCLOS I) ,4 codifying, among others, the sovereign right of States parties over their

territorial sea, the breadth of which, however, was left undetermined. Attempts to

fill this void during the second round of negotiations in Geneva in 1960 (UNCLOS II) proved futile. Thus, domestically, RA 3046 remained unchanged for nearly five

decades, save for legislation passed in 1968 (Republic Act No. 5446 [RA 5446])

correcting typographical errors and reserving the drawing of baselines around Sabah

in North Borneo.

In March 2009, Congress amended RA 3046 by enacting RA 9522, the statute now

under scrutiny. The change was prompted by the need to make RA 3046 compliant

with the terms of the United Nations Convention on the Law of the Sea (UNCLOS

III) ,5 which the Philippines ratified on 27 February 1984 .6 Among others, UNCLOS III

prescribes the water-land ratio, length, and contour of baselines of archipelagic States

like the Philippine s7 and sets the deadline for the filing of application for the extended

continental shelf .8

Complying with these requirements, RA 9522 shortened one baseline, optimized the location of some basepoints around the Philippine archipelago

and classified adjacent territories, namely, the Kalayaan Island Group (KIG) and the

Scarborough Shoal, as regimes of islands whose islands generate their own

applicable maritime zones.
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Petitioners, professors of law, law students and a legislator, in their respective

capacities as citizens, taxpayers or x x x legislators, 9 as the case may be, assail the

constitutionality of RA 9522 on two principal grounds, namely: (1) RA 9522 reduces

Philippine maritime territory, and logically, the reach of the Philippine states

sovereign power, in violation of Article 1 of the 1987 Constitution ,10 embodying the

terms of the Treaty of Pari s11 and ancillary treaties ,12 and (2) RA 9522 opens the

countrys waters landward of the baselines to maritime passag e by all vessels and

aircrafts, undermining Philippine sovereignty and national security, contravening the

countrys nuclear -free policy, and damaging marine resources, in violation of relevantconstitutional provisions .13

In addition, petitioners contend that RA 9522s treatment of the KIG as

regime of islands not only results in the loss of a large maritime area but also

prejudices the livelihood of subsistence fishermen .14 To buttress their argument of

territorial diminution, petitioners facially attack RA 9522 for what it excluded and

included its failure to reference either the Treaty of Paris or Sabah and its use of

UNCLOS IIIs framework of regime of islands to determine the maritime zones of the

KIG and the Scarborough Shoal.

Commenting on the petition, respondent officials raised threshold issues questioning(1) the petitions compliance with the case or controversy requirement for judicial

review grounded on petitioners alleged lack of locus standi and (2) the propriety of

the writs of certiorari and prohibition to assail the constitutionality of RA 9522. On

the merits, respondents defended RA 9522 as the countrys compliance with the terms
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40/69

The Wri ts of Certi orari and Prohibition

Are Proper Remedies to Test

the Constitutionali ty of Statutes

In praying for the dismissal of the petition on preliminary grounds, respondents seek a

strict observance of the offices of the writs of certiorari and prohibition, noting thatthe writs cannot issue absent any showing of grave abuse of discretion in the exercise

of judicial, quasi-judicial or ministerial powers on the part of respondents and

resulting prejudice on the part of petitioners .18

Respondents submission h olds true in ordinary civil proceedings. When this Court

exercises its constitutional power of judicial review, however, we have, by tradition,

viewed the writs of certiorari and prohibition as proper remedial vehicles to test the

constitutionality of statutes ,19 and indeed, of acts of other branches of government . 20

Issues of constitutional import are sometimes crafted out of statutes which, while

having no bearing on the personal interests of the petitioners, carry such relevance in

the life of this nation that the Court inevitably finds itself constrained to take

cognizance of the case and pass upon the issues raised, non-compliance with the letterof procedural rules notwithstanding. The statute sought to be reviewed here is one

such law.

RA 9522 is Not Unconsti tuti onal
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RA 9522 is a Statutory Tool

to Demarcate the Countrys

M ari time Zones and Contin ental

Shelf Under U NCL OS I I I , not to

Delineate Phi li ppine Terr itory

Petitioners submit that RA 9522 dismembers a large portion of the national

territory 21 because it discards the pre-UNCLOS III demarcation of Philippine territory

under the Treaty of Paris and related treaties, successively encoded in the definition of

national territory under the 1935, 1973 and 1987 Constitutions. Petitioners theorize

that this constitutional definition trumps any treaty or statutory provision denying the

Philippines sovereign control over waters, beyond the territorial sea recognized at thetime of the Treaty of Paris, that Spain supposedly ceded to the United States.

Petitioners argue that from the Treaty of Paris technical description, Philippine

sovereignty over territorial waters extends hundreds of nautical miles around the

Philippine archipelago, embracing the rectangular area delineated in the Treaty of

Paris .22

Petitioners theory fails to persuade us.
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UNCLOS III has nothing to do with the acquisition (or loss) of territory. It is a

multilateral treaty regulating, among others, sea-use rights over maritime zones ( i.e.,

the territorial waters [12 nautical miles from the baselines], contiguous zone [24

nautical miles from the baselines], exclusive economic zone [200 nautical miles fromthe baselines]), and continental shelves that UNCLOS III delimits .23 UNCLOS III was

the culmination of decades-long negotiations among United Nations members to

codify norms regulating the conduct of States in the worlds oceans and submarine

areas, recognizing coa stal and archipelagic States graduated authority over a limited

span of waters and submarine lands along their coasts.

On the other hand, baselines laws such as RA 9522 are enacted by UNCLOS

III States parties to mark-out specific basepoints along their coasts from which

baselines are drawn, either straight or contoured, to serve as geographic starting points

to measure the breadth of the maritime zones and continental shelf. Article 48 of

UNCLOS III on archipelagic States like ours could not be any clearer:

Article 48. Measurement of the breadth of the territorial sea, thecontiguous zone, the exclusive economic zone and the continental shelf . The

breadth of the territorial sea, the contiguous zone, the exclusive economic zoneand the continental shelf shall be measured from archipelagic baselines drawnin accordance with article 47. (Emphasis supplied)

Thus, baselines laws are nothing but statutory mechanisms for UNCLOS III

States parties to delimit with precision the extent of their maritime zones andcontinental shelves. In turn, this gives notice to the rest of the international

community of the scope of the maritime space and submarine areas within which

States parties exercise treaty-based rights, namely, the exercise of sovereignty over

territorial waters (Article 2), the jurisdiction to enforce customs, fiscal, immigration,
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and sanitation laws in the contiguous zone (Article 33), and the right to exploit the

living and non-living resources in the exclusive economic zone (Article 56) and

continental shelf (Article 77).

Even under petitioners theory that the Philippine territory embraces the islands

and all the waters within the rectangular area delimited in the Treaty of Paris, the

baselines of the Philippines would still have to be drawn in accordance with RA 9522

because this is the only way to draw the baselines in conformity with UNCLOS III.

The baselines cannot be drawn from the boundaries or other portions of the

rectangular area delineated in the Treaty of Paris, but from the outermost islands and

drying reefs of the archipelago. 24

UNCLOS III and its ancillary baselines laws play no role in the acquisition,

enlargement or, as petitioners claim, diminution of territory. Under traditional

international law typology, States acquire (or conversely, lose) territory throughoccupation, accretion, cession and prescription ,25 not by executing multilateral treaties

on the regulations of sea- use rights or enacting statutes to comply with the treatys

terms to delimit maritime zones and continental shelves. Territorial claims to land

features are outside UNCLOS III, and are instead governed by the rules on general

international law .26

RA 9522s Use of the Framework

of Regime of I slands to Determine the

M ari time Zones of the KI G and the
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Scarborough Shoal, not I nconsistent

with the Philippines Claim of Sovereignty

Over these Areas

Petitioners next submit that RA 9522s use of UNCLOS IIIs regime of islands

framework to draw the baselines, and to measure the breadth of the applicable

maritime zones of the KIG, weakens our territorial claim over that area .27 Petitioners

add that the KIGs (and Scarborough Shoals) exclusion from the Philippine

archipelagic baselines results in the loss of about 15,000 square nautical miles of

territorial waters, prejudicing the livelihood of subsistence fishermen .28 A comparison

of the configuration of the baselines drawn under RA 3046 and RA 9522 and the

extent of maritime space encompassed by each law, coupled with a reading of the text

of RA 9522 and its congressional deliberations, vis--vis the Philippines obligations

under UNCLOS III, belie this view.

The configuration of the baselines drawn under RA 3046 and RA 9522 shows that RA

9522 merely followed the basepoints mapped by RA 3046, save for at least nine

basepoints that RA 9522 skipped to optimize the location of basepoints and adjust the

length of one baseline (and thus comply with UNCLOS IIIs limitation on the

maximum length of baselines). Under RA 3046, as under RA 9522, the KIG and the

Scarborough Shoal lie outside of the baselines drawn around the Philippine

archipelago. This undeniable cartographic fact takes the wind out of petitioners

argument branding RA 9522 as a statutory renunciation of the Philippines claim over

the KIG, assuming that baselines are relevant for this purpose.


45/69

Petitioners assertion of loss of about 15,000 square nautical miles of territorial

waters under RA 9522 is similarly unfounded both in fact and law. On the contrar y,

RA 9522, by optimizing the location of basepoints, increased the Philippines total

maritime space (covering its internal waters, territorial sea and exclusive economic

zone) by 145,216 square nautical miles, as shown in the table below :29

Extent of maritime areausing RA 3046, asamended, taking intoaccount the Treaty of Paris

delimitation (in squarenautical miles)

Extent of maritimearea using RA 9522,taking into accountUNCLOS III (in

square nauticalmiles)

Internal orarchipelagicwaters 166,858 171,435

TerritorialSea

274,136 32,106

ExclusiveEconomicZone 382,669

TOTAL 440,994 586,210

Thus, as the map below shows, the reach of the exclusive economic zone drawn under

RA 9522 even extends way beyond the waters covered by the rectangular demarcation

under the Treaty of Paris. Of course, where there are overlapping exclusive economic

zones of opposite or adjacent States, there will have to be a delineation of maritime

boundaries in accordance with UNCLOS III .30


46/69

Further, petitioners argument that the KIG now lies outside Philippine territory

because the baselines that RA 9522 draws do not enclose the KIG is negated by RA

9522 itself. Section 2 of the law commits to text the Philippines continued claim of

sovereignty and jurisdiction over the KIG and the Scarborough Shoal:


47/69

SEC. 2. The baselines in the following areas over which the Philippineslikewise exercises sovereignty and jurisdiction shall be determined as Regimeof Islands under the Republic of the Philippines consistent with Article 121 of

the United Nations Convention on the Law of the Sea (UNCLOS):a) The Kalayaan Island Group as constituted under Presidential Decree No.

1596 and

b) Bajo de Masinloc, also known as Scarborough Shoal. (Emphasis supplied)

Had Congress in RA 9522 enclosed the KIG and the Scarborough Shoal as partof the Philippine archipelago, adverse legal effects would have ensued. The

Philippines would have committed a breach of two provisions of UNCLOS III. First,

Article 47 (3) of UNCLOS III requires that [t]he drawing of suc h baselines shall not

depart to any appreciable extent from the general configuration of the archipelago.

Second, Article 47 (2) of UNCLOS III requires that the length of the baselines shall

not exceed 100 nautical miles, save for three per cent (3%) of the total number of

baselines which can reach up to 125 nautical miles .31

Although the Philippines has consistently claimed sovereignty over the KIG 32

and the Scarborough Shoal for several decades, these outlying areas are located at an

appreciable distance from the nearest shoreline of the Philippine archipelago ,33 such

that any straight baseline loped around them from the nearest basepoint will inevitablydepart to an appreciable extent from the general configuration of the archipelago.
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The principal sponsor of RA 9522 in the Senate, Senator Miriam Defensor-

Santiago, took pains to emphasize the foregoing during the Senate deliberations:

What we call the Kalayaan Island Group or what the rest of the worldcall[] the Spratlys and the Scarborough Shoal are outside our archipelagic

baseline because if we put them inside our baselines we might be accused ofviolating the provision of international law which states: T he drawing of suchbaseline shall not depart to any appreciable extent from the general configurationof the archipelago. So sa loob ng ating baseline, dapat magkalapit ang mgaislands. Dahil malayo ang Scarborough Shoal, hindi natin masasabing malapit

sila sa atin although we are still allowed by international law to claim them asour own.

This is called contested islands outside our configuration. We see that ourarchipelago is defined by the orange line which [we] call[] archipelagic baseline.

Ngayon, tingnan ninyo ang maliit na circle doon sa itaas, that is ScarboroughShoal, itong malaking circle sa ibaba, that is Kalayaan Group or the Spratlys.

Malayo na sila sa ating archipelago kaya kung ilihis pa natin ang datingarchipelagic baselines para lamang masama itong dalawang circles, hindi na silamagkalapit at baka hindi na tatanggapin ng United Nations because of the rulethat it should follow the natural configuration of the archipelago .34 (Emphasissupplied)

Similarly, the length of one baseline that RA 3046 drew exceeded UNCLOS

IIIs limits. The need to shorten this baseline, and in addition, to optimize the location

of basepoints using current maps, became imperative as discussed by respondents:

[T]he amendment of the baselines law was necessary to enable thePhilippines to draw the outer limits of its maritime zones including the extendedcontinental shelf in the manner provided by Article 47 of [UNCLOS III]. Asdefined by R.A. 3046, as amended by R.A. 5446, the baselines suffer from sometechnical deficiencies, to wit:
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1. The length of the baseline across Moro Gulf (from Middle of 3 Rock Awash toTongquil Point) is 140.06 nautical miles x x x. This exceeds the maximum lengthallowed under Article 47(2) of the [UNCLOS III], which states that The lengthof such baselines shall not exceed 100 nautical miles, except that up to 3 per centof the total number of baselines enclosing any archipelago may exceed that

length, up to a maximum length of 125 nautical miles. 2. The selection of basepoints is not optimal. At least 9 basepoints can be skipped or

deleted from the baselines system. This will enclose an additional 2,195 nauticalmiles of water.

3. Finally, the basepoints were drawn from maps existing in 1968, and notestablished by geodetic survey methods. Accordingly, some of the points,

particularly along the west coasts of Luzon down to Palawan were later found to be located either inland or on water, not on low-water line and drying reefs as prescribed by Article 47 .35

Hence, far from surrendering the Philippines claim over the KIG and the

Scarborough Shoal, Congress decision to classify the KIG and the Scarborough Shoal

as Regime[s] of Islands under the Republic of the Philippines consistent with

Article 121 36 of UNCLOS III manifests the Philippine States responsible observance

of its pacta sunt servanda obligation under UNCLOS III. Under Article 121 of

UNCLOS III, any naturally formed area of land, surrounded by water, which is

above water at high tide, such as portions of the KIG, qualifies under the category of

regime of islands, whose islands gene rate their own applicable maritime zones .37

Statutory Claim Over Sabah under
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