PROF. MERLIN M.

MAGALLONA,
et.al v . HON. EDUARDO ERMITA, IN HISCAPACITY AS EXECUTIVE SECRETARY,
et.al
G.R. No. 187167, 16 July 2011,
EN BANC
(Carpio, J.)
The conversion of internal waters into archipelagic waters will not risk thePhilippines because an archipelagic State has sovereign power
that extends tothe waters enclosed by the archipelagic baselines, regardless of their depth or distance from the coast.
R.A. 9522 was enacted by the Congress in March 2009 to comply with theterms of the Uni ted Nati ons
Conventi on on the Law of the Sea (UNCLOS II I), which the Philippines ratified on February 27, 1984.
Such compliance shortenedone baseline, optimized the location of some basepoints around the
Philippinea r c h i p e l a g o a nd c l a s s i f i ed a d j a c ent t e r r i t or i e s s uc h a s t h e Ka l a y a a n I s l a nd
Ground (KIG) and the Scarborough Shoal as regimes of islands whose islandsgenerate their own applicable maritime
zones.Petitioners, in their capacities as citizens, taxpayers or legislators assailthe constitutionality of R.A. 9522
with one of their arguments contending thatthe law unconstitutionally converts internal waters into
archipelagic waters,thus subj ecti ng these waters to the ri ght of i nnocent and sea l anes
passageunder UNCLOS III, i ncl udi ng overfl i ght. Peti ti oners have contended that thesepassage
rights will violate the Constitution as it shall expose Philippine internalwaters to nuclear and maritime pollution hazard.
ISSUE:
Whether or not R.A. 9522 is unconstitutional for converting internal watersinto archipelagic waters
HELD:
Petition
DISMISSED.
The Court finds R.A. 9522 constitutional and is consistent with thePhilippines national interest. Aside from
being a vital step in safeguarding
thecountry s mari ti me zones, the l aw al so al l ows an i nternati onal l y-recogni zeddel i mi tati on of
the breadth of the Phi l i ppi ne s mari ti me zones and
conti nental shelf. The Court also finds that the conversion of internal waters intoarchipelagic waters will not
risk the Philippines as affirmed in the Article 49 of the UNCLOS III, an archipelagic State has sovereign power
that extends to
thewa t e r s en c l o s ed by t h e a r c h i p e l a g i c ba s e l i n e s , r e g a r d l e s s o f t he i r d ept h or dista
nce from the coast. It is further stated that the regime of archipelagic sealanes passage will not affect the
status of its archipelagic waters or the exerciseof soverei gnty over waters and ai r space, bed and
subsoi l and the resourcestherein.