Article I. - 1987 Philippine Constitution

THE NATIONAL TERRITORY

Elements of a State (Review) People Territory Government Sovereignty

Analysis Guide

Article I. – The National Territory can be analysed using the following concepts:A. Archipelagic DoctrineB. Other territoriesC. Territorial DomainsD. Treaty limits (Main Archipelago)

Full Text of Article I

ARTICLE I

NATIONAL TERRITORYThe 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.

Item #1

Full Text of Article I

ARTICLE I

NATIONAL TERRITORYThe 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 aeriaal 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.

Item #2

Full Text of Article I

ARTICLE I

NATIONAL TERRITORYThe 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.

ARTICLE I

NATIONAL TERRITORYThe 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.

Item #3

Full Text of Article I

ARTICLE I

NATIONAL TERRITORYThe 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.

Item #4

Outline

Item #1

Item #3

THE NATIONAL TERRITORY

Item #4

Item #2

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein,

Introduction (Item #1)

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein,

Introduction (Item #1)

The Philippines comprises all the territory ceded to the United States by the Treaty of Paris the limits of which are set forth in Article III of said treaty…

…together with all the islands embraced in the treaty concluded at Washington…

…treaty concluded between the United States and Great Britain…

Spain cedes to the United States the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line:…<technical description>…

The United States will pay to Spain the sum of twenty million dollars…

Article I. – 1935 Constitution

Article III. – Treaty of Paris

Item #1. Treaty Limits

Philippine Archipelago =

International Treaty Limits

Item #1. Treaty Limits

International Treaty Limits(1) The treaty of Paris of December 10,

1898 (2) The treaty of Washington of November

7, 1900(3) The treaty between Great Britain and

the United States of January 2, 1930

Item #1. Treaty Limits

Sibutu, Cagayan de Sulu, Turtle and Mangsee Islands.

Treaty of Paris (1898)

Item #1. Treaty Limits

Turtle and Mangsee Islands.

Treaty of Washington (1900)

Item #1. Treaty Limits

Treaty bet. USA and Great Britain (1930)

Concept Map

TREATY LIMITS(Main Archipelago)

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THE NATIONAL TERRITORY

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Introduction (Item #2)

Batanes Islands

Bajo de Masinloc

Kalayaan, Palawan

and all other territories over which the Philippines has sovereignty or jurisdiction,

Main Component #2

This refers to Batanes Islands and the Kalayaan Island Group

Introduction (Item #2)

Item #2. Other Territories

Treaty of Paris (Art. 3)

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… 

Item #2. Other Territories

Other territories of the Philippines: Batanes Islands (1935 Constitution) Kalayaan Island Group (PD 1596) Scarborough Shoal (PD 1599, RA 9522)

Territories claimed by the Philippines: Sabah (1973 Constitution, RA 5446)

*May be considered as part of the main archipelago by virtue of the baselines law (R.A. 3046 as amended by R.A. 5446 and R.A. 9522) by and Article 46 of the UNCLOS

Evaluation A

1) True or False. The Main Archipelago of the Philippines is delineated by the International Treaty Limits.

2-4) Enumerate three treaties defining the Main Archipelago of the Philippines.

True or False. The “other territories” provision of Article I was provided in order to cover territories owned, claimed and claimed by the Philippines in the future.

Evaluation B

Write A if the place names below belongs within the Treaty Limits of the Philippines. Write B if it belongs to the Other Territories. 6. Cavite 7. Mun. Kalayan, Palawan 8. Batanes 9. Laguna 10. Province of Palawan

Concept Map

TREATY LIMITS(Main Archipelago)

OTHER TERRITORIES

(Which the Philippines has sovereignty or jurisdiction)

THE NATIONAL TERRITORY

ARCHIPELAGIC DOCTRINE

Introduction (Item #4)

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 archipelagic doctrine as viewed by the Constitution

Item #4. Archipelagic Doctrine

This is our territory according to the Constitution

Internal Waters-rivers, lakes, canals, ports, harbors, gulls, bay

Internal Waters-waters inside the archipelagic baseline

Territorial Waters

Item #4. Archipelagic Doctrine

As far as the Constitution is concerned, the waters around, between and connecting the

archipelago are internal waters.

Item #4. Archipelagic Doctrine

Internal Waters The coastal state is free to set laws,

regulate use, and use any resource. Innocent passage not allowed

Territorial Waters The state has full sovereignty over

these waters (like internal waters). Innocent passage allowed

Item #4. Archipelagic Doctrine Archipelagic Baselines Law

Amended R.A. 3046 and R.A. 5446 Placed the Kalayaan Island Group and Bajo

de Masinloc (Scarborough Shoal) under the Regime of Islands

Made the baselines law UNCLOS compliant

Item #4. Archipelagic Doctrine Effect of Regime of Islands Doctrine

Each island in Kalayaan and Bajo de Masinloc generates its own internal waters and territorial domains

Item #4. Archipelagic Doctrine Effect of UNCLOS compliance

Internal waters > Archipelagic waters Territorial waters (limited to 12 nm from the

baseline)

Item #4. Archipelagic Doctrine

Internal Waters-rivers, lakes, canals, ports, harbors, gulls, bay, and the waters inside the archipelagic baseline

Archipelagic Doctrine under the Constitution

Item #4. Archipelagic Doctrine

Internal Waters-rivers, lakes, canals, ports, harbors, gulls, bay

Archipelagic Doctrine under the International Law (UNCLOS)

Archipelagic Waters-waters inside the archipelagic baseline

Item #4. Archipelagic Doctrine

This is our territory according to UNCLOS

Only the waters on landward side of the baseline are considered as ‘Internal Waters’

Archipelagic Waters

Territorial Waters

Item #4. Archipelagic Doctrine Internal Waters > Archipelagic

Waters The coastal state is free to set laws,

regulate use, and use any resource. Innocent passage allowed via

Archipelagic Sea Lanes (and air routes)

Introduction (Item #3)

TREATY LIMITS(Main Archipelago)

OTHER TERRITORIES

(Which the Philippines has sovereignty or jurisdiction)

?

THE NATIONAL TERRITORY

Item #3

consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas.  

Refers to the Territorial domains

Item #3. Territorial Domains

Terrestrial Domain All the surfaces of land above the sea

which belongs to the Philippines Fluvial Domain

Inland waters: bays, rivers, streams and the internal waters

Aerial Domain Air directly above the terrestrial and

fluvial domains but excluding the outer space.

Item #3. Territorial Domains

Other territorial domains The jurisdiction of

the Philippines may extend in varying degrees even beyond the International Treaty Limits and its other territories

Item #3. Territorial Domains

Other territorial domains: Territorial sea Seabed Subsoil Insular shelves Other submarine areas

Summary (Concept Map)

TREATY LIMITS(Main Archipelago)

OTHER TERRITORIES

(Which the Philippines has sovereignty or jurisdiction)

TERRITORIAL DOMAINS

INTERNAL WATERS

THE NATIONAL TERRITORY

Summary (Effects of R.A. 9522) Effects to the internal waters

Internal waters becomes archipelagic waters

Internal waters No innocent passage

Archipelagic waters: Philippines must designate Archipelagic Sea

Lanes Effects to Kalayaan and Bajo de Masinloc

Each island generates its own territorial domains

Summary (Worksheet)

Column A Column B

1. The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein,

A. Archipelagic Doctrine

2. and all other territories over which the Philippines has sovereignty or jurisdiction,

B. Other territories

3. consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas.

C. Territorial Domains

4. 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.

D. Treaty limits

Match the phrases/sentences in Column A with the concepts in Column B.

Consider this…

If there’s one section in Article 1 that we can do without, what is it? Justify your answer.

SPECIAL TOPICS

National Territory

Archipelagic State

Article 46 (UNCLOS III)(b) "archipelago" means a group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such.

Maritime Zones

Sea Lanes

Philippine Transit Points (Straits)

Source: Magallona, M 1997, A Primer on the Law of the Sea, Quezon City.

In international law, when a strait within a country has a width of more than six (6) miles, the center lane in excess of the three (3) miles on both sides is considered international waters.

International Treaty Limits

Treaty of Paris

Treaty of Washington

Treaty bet. US & UK

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