Professional Documents
Culture Documents
Part IV, Article 46, United Nations Convention on the Law of the Sea (UNCLOS)
Ibid.
3
Philippine Governance and the 1987 Constitution, page 61 (Lazo)
4
Ibid.
2
(Photo of the Philippines, drawn with baseline demarcations, based on the UNCLOS. Illustration
from A Primer on the Law of the Sea, by Merlin M. Magallona; Photo source link:
http://www.up.edu.ph/philippine-territory-and-the-un-convention-on-the-law-of-the-sea/)
Supranote 3
Specifically, the archipelago doctrine is comprised of the following metes and bounds:
1.
THE ARCHIPELAGO This is illustrated by setting out marks or points of the outermost islands,
including the bordering edges, baseline corners, and outer tips, and joining all these points by forming
hypothetical lines. With this type of mapping all the waters between, around, and connecting all
such islands inside the hypothetical line drawn shall comprise the internal waters of the State, and
shall be referred to as the Inland or Internal Waters.
Such hypothetical line which circumscribes the Philippine Archipelago per se (as
may be seen in the illustration provided in item no. 9 of this material) shall be
assigned as the INNER BASELINE. Inner baseline is also known as the outer ring.6
2.
THE TERRITORIAL SEA OR WATER From the Inner Baseline, a 12-nautical mile stretch must be drawn
in a manner from which all corners, edges, and tips when connected follows the contour or shape
of the whole archipelago, as illustrated in the next preceding paragraph. The body of water within
such 12-nautical mile stretch shall be designated the territorial sea.
Meanwhile, the line, which is drawn from the 12-nautical mile stretch, circumscribing
the whole archipelagic entity is known as the OUTER BASELINE. The Outer Baseline is
also referred to as the outermost ring.7
3. CONTIGUOUS ZONE (SEA) By drawing a 12-nautical mile stretch from the outer baseline (or the
outermost ring), there comes the Contiguous Zone or Sea. It is such zone that is very close or
connected with the territorial sea.
Under Section 4, Article 33 of the UNCLOS, the following may be exercised by the
coastal State (herein the Philippines) over its contiguous zone:
(1) prevent infringement of its customs, fiscal, immigration or sanitary laws and
regulations within its territory or territorial sea; and
(2) punish infringement of the above laws and regulations committed within its
territory or territorial sea.8
4. EXCLUSIVE ECONOMIC ZONE By drawing a 200-nautical mile stretch from the Outer Baseline, still
following the exact shape or contour of the entire Philippine Archipelago, one may yield the
demarcation designated as the Exclusive Economic Zone (EEZ).
Significantly, this is where the Philippines enjoys the exclusive right to explore,
exploit, conserve, and manage the maritime resources of the sea, including the
minerals on its seabed and subsoil.9
6
This zone is one where the Philippines, as an archipelagic state, has sovereign rights
for the purposes of exploring and exploiting, conserving and managing the natural
resources, whether living or non-living, of the waters superjacent to the seabed and of
the seabed and its subsoil, and with regard to other activities for the economic
exploitation and exploration of the zone, such as the production of energy from the
water, currents and winds.10
However, in the exercise of its rights and performance of its duties within the
exclusive economic zone, the Philippines shall have due regard to the rights and
duties of other States and shall act in a manner compatible with the provisions of the
UNCLOS.11
This means that as regards with other countries or states, they can be entitled to
enjoy the resources of such area. However, such enjoyment shall not involve the
exploitation, conservation, management, and exploration of any of such resources
found therein.12
The EEZ is an additional element of the Archipelagic Doctrine in consonance with the
UNCLOS. According to Atty. Tolentino, this concept of the EEZ provides some useful
benefits. They are, among others, to wit:
a. By virtue of the exclusive economic zone (EEZ), the Philippines may exercise
ownership over minerals, oil, and living resources in the waters and the
seabed and subsoil of the Archipelago, the 200-nautical mile exclusive
economic zone around the islands, and the continental shelf even beyond
200-miles from the shore.
b. There is an increase in the number of territorial waters put under the
Philippine jurisdiction, including the EEZ, which amounts to more than ninety
three (93) million hectares.
c. There came an acceptance of the Philippines by the international community
as a single, political, economic, and geographic unit with no international
waters between the different islands.13
INTERNAL WATERS They are the ones referred to as fluvial waters (See Article I of the 1987 Philippine
Constitution). These waters include among others lakes and rivers, and other such types or bodies of
water within the Philippine archipelago.
TERRITORIAL WATERS This is usually referred to as the conventional maritime belt of the archipelago.
The Philippines has its own twelve (12) nautical miles circumscribing its archipelago a delineation that is
pursuant to the UNCLOS agreement.
WATERS IN THE EXCLUSIVE ECONOMIC ZONE The bodies of water within the two hundred (200)
nautical miles from the outermost ring of the territorial sea, which extends the Philippine State the
exclusive right to explore, to exploit, to conserve and to manage the maritime and natural resources.
Meanwhile, the so-called INTERNATIONAL SEAS are not subject any jurisdiction by any State. Nonetheless, each
of the country States in the world enjoys an equal opportunity to use the same for the advancement of human
interest for the benefit of humankind.14
(Source link:
http://pedrokomentaryokapihan.blogspot.com/2012/04/ph
ilippineschina-and-scharboroughshoal.html)
The other maritime
include the following:
domains
14
Supranote 13
in the grade occurs, at which point the bottom slopes seaward at a considerable increase in slope, until
the great ocean depths are reached. (Please refer to the diagram in the left for illustration.)15
The composition of the Philippine National Territory is provided for under Article I of the 1987 Constitution of the
Republic of the Philippines. However, the Philippine Constitution, being merely a municipal law, may not bind
other international states and nations pursuant to the principles of international law. Consequently, it is not
enough that the Philippines hold its own claims over the territories, which it asserts as belonging under its
sovereign power or jurisdiction. There must be a concrete and crystallized principle of international law to
strengthen such claims.16
Hence, the rationale for the proposition of the archipelagic doctrine, which was eventually adopted by the UN
member states in the 1982 UNCLOS Agreement, is to invoke the Philippines territorial jurisdiction, as well as
protect the maritime integrity of the Philippine State.
Means navigation through the territorial sea for the purpose of: (a) traversing that sea without
entering internal waters or calling at a roadstead or port facility outside internal waters; or (b)
proceeding to or from internal waters or a call at such roadstead or port facility.
2. Passage shall be continuous and expeditious. However, passage includes stopping and
anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered
necessary by force majeure or distress or for the purpose of rendering assistance to persons,
ships or aircraft in danger or distress.
The UNLCOS agreement, which was ratified by the Philippine Batas Pambansa (then equivalent of the current
Philippine Congress), mentions about the regime of archipelagic sea lanes passage. This regime allows traverse of
foreign ships through the Philippines archipelagic waters.
The archipelagic sea lanes passage is defined and explained by the UNCLOS as:
An exercise xxx of the rights of navigation and over-flight in the normal mode solely for the purpose
of continuous, expeditious and unobstructed transit between one part of the high seas or an
exclusive economic zone and another part of the high seas or an exclusive economic zone.;
Such sea lanes and air routes shall traverse the archipelagic waters and the adjacent territorial sea
and shall include all normal passage routes used as routes for international navigation or over-flight
through or over archipelagic waters and, within such routes, so far as ships are concerned, all normal
15
16
navigational channels, provided that duplication of routes of similar convenience between the same
entry and exit points shall not be necessary.
One that shall not in other respects affect the status of the archipelagic waters, including the sea
lanes, or the exercise by the archipelagic State of its sovereignty over such waters and their air space,
bed and subsoil, and the resources contained therein 17
On the other hand, the right of innocent passage is one which is not prejudicial to the peace, good order, or
security of the coastal State, and conforms to the provisions of UNLCOS and other principles of international
law.18
In so far as archipelagic states, such as the Philippines, are concerned, the right of innocent passage may be
exercised by ships of all states, subject to the regulations provided for by the UNCLOS agreement and/or
relevant principles of international law.
A. PROHIBITED ACTS DURING INNOCENT PASSAGE
As provided for by the UNLCOS, the passage of a foreign ship shall be considered to be prejudicial to the
peace, good order or security of the coastal State hence, prohibited - if in the territorial sea it engages in
any of the following activities:
any threat or use of force against the sovereignty, territorial integrity or political independence of
the coastal State, or in any other manner in violation of the principles of international law
embodied in the Charter of the United Nations;
any exercise or practice with weapons of any kind;
any act aimed at collecting information to the prejudice of the defence or security of the coastal
State;
any act of propaganda aimed at affecting the defence or security of the coastal State;
the launching, landing or taking on board of any aircraft;
the launching, landing or taking on board of any military device;
the loading or unloading of any commodity, currency or person contrary to the customs, fiscal,
immigration or sanitary laws and regulations of the coastal State;
any act of wilful and serious pollution contrary to this Convention;
any fishing activities;
the carrying out of research or survey activities;
any act aimed at interfering with any systems of communication or any other facilities or
installations of the coastal State;
17
Lecturers note: Notwithstanding this provision, the UNCLOS provides that such sea lanes and traffic separation schemes
shall conform to generally accepted international regulations. The requisite of conformity has the effect of infringing
to some extent the exclusive jurisdiction and exercise of sovereign power of the Philippine state over said sea lanes, which
apparently are within the ambit and coverage of its national territory in general, and maritime dominion in particular. (See
report on Professor Magallonas criticsims of the Archipelagic Doctrine in the succeeding discussions.)
18
UNCLOS
Pursuant to the Treaty of Paris on December 10, 1898, all those territories ceded or transferred by Spain
to the United States of America (USA);
By virtue of the Treaty of Washington signed on November 7, 1900, those islands of Cagayan, Sulu, and
Siboto, as ceded thereby again by the Spain to the USA;
The islands covered under the treaty between the US and Great Britain on January 2, 1930, namely the
Turtle Islands and Mangsee Islands; and
The islands of Batanes by virtue of occupation and possession;
The Roponggi Property in Japan;
Philippine Embassies aborad under the International Law principle.
(the basis of Philippine independence) as determining in practice the scope of its sovereignty and jurisdiction.
(Emphasis supplied.)
Atty. Magallona questioned the propriety of the elimination of the long-settled boundaries set by virtue of the
aforesaid treatises through the ratification of the Philippines of the UNCLOS agreement during the Marcos
regime. This, according to Magallona, is in utter disregard of the Constitution. 19
__________________________
19
To read more about Atty. Magallonas critique of the UNCLOS and the archipelagic doctrine, click on the source link
provided for in the archipelagic/baseline doctrine photo caption.
B. VOLCANIC STRUCTURES
Active volcanoes can be found in the various regions of the country. Among these volcanoes, Mt.
Pinatubo, Taal volcano and Mt. Mayon have produced the most destructive eruptions. The
eruption of Mt. Pinatubo in 1990 buried towns, killed dozens of people, and rendered tens of
thousands of people homeless. The eruption of Taal volcano in 1911 killed more than 1,300
persons and its eruption in 1966 buried six barrios and killed hundreds of people. On the other
hand, these volcanoes have made the land very fertile, and the produce of the land, however
inadequate during certain periods of time, has sustained the Filipino people throughout its
history.
C. CROPS AND OTHER LAND PRODUCE
The Philippines is comprised of fertile land that produces a variety of crops such as coconut,
copra, banana, pineapples, sugar, gum, resins and rubber. Some of these agricultural crops are
raised for export.
20
http://philippines-atbp.jimdo.com/geography-resources/
10
10
Rice, which is the staple food of Filipinos, is produced, largely, in the Central Plains of Luzon. Rice
production often falls short of consumption requirement, and quite ironically, the Philippines is a
rice importer.
Plant and animal life is extremely diverse, and many plants and animals are endemic to the
Philippines, which means they can be found only in this country. The Philippines holds the
distinction one of the seventeen countries whose combined plant and animal species account for
70-80% of the world's biological diversity.
The Philippines has approximately 52,177 species of flora and fauna.
From among these living things, an estimated 14,000 plant species and 1,130 animals with
backbones (terrestrial vertebrates) are found in forest areas.
Some Philippine animals and plants are now listed in the CITES Appendix I as critically
endangered species. The endangered Philippine species found in the list include, among
others, the Calamian deer, giant scops owl, Koch's pitta, Mindoro imperial pigeon,
Palawan peacock pheasant, Panay flying-fox, Philippine crocodile, Philippine eagle,
Philippine tamaraw, Visayan warty pig and various types of orchids.
Forest management is at a critical stage. Only remnants of the total forest area during the
early 1900 remain and they are found in the mountain ranges. The survival of these plants
and animals depends on the conservation of forest and wildlife environment.
The Philippine eagle is one of the largest (if not the largest) eagles in the world.
21
Ibid.
11
11
Also, approximately 1,130 terrestials vertebrates are found amongst the Philippine forests. One hundred
seventy-five (175) of these species are land animals, three hundred ninety-five (395) are land birds, two
hundred fifty eight (258) are reptiles and one hundred one (101) are amphibians. Approximately 554 of
these species are endemic.22
The Philippines ranks fourth in the world in terms of number of endemic birds present in the
country (See "List of Some Endemic Birds of the Philippines.) On the other hand, there are a lot of
threatened animal species: 24 animals are identified as critically endangered species, 28 are
classified as endangered and 85 animals are listed as vulnerable. A lot of these Philippine animals
are listed in CITES Appendix I, which is a list of the most endangered animals in the world.
Calamian deer, giant scops owl, green turtle, hawksbill turtle, Mindoro imperial pigeon, Palawan
pheasant peacock, Panay flying-fox, Peregrine falcon, Philippine cockatoo, Philippine crocodile,
Philippine eagle and the Philippine tamaraw: these are some of the animals found in CITES
Appendix I. The protection and conservation of the forest is important not only for the
Philippines but also for our planet earth. In addition, the forest is a source of livelihood for
millions of Filipinos. For some indigenous people, the forest is a major, inseparable component of
their local culture, and the destruction of the forest may mean the disintegration of a main part of
their culture and way of life.
In order to protect and conserve the richness of the country's biodiversity, some laws were enacted by
the Philippine Congress. Four of these laws are listed below and these are:
Republic Act 7586, otherwise known as the National Integrated Protected Areas System (NIPAS)
Act of 1992 It was enacted for the protection of forest, wetland and marine areas.
The Act's declared policy was "to secure for the Filipino people of present and future
generations the perpetual existence of all native plants and animals through the
establishment of a comprehensive system of integrated protected areas within the
classification of national park as provided for in the Constitution."
It defined protected areas as "portions of land and water set aside by reason of their
unique physical and biological significance, managed to enhance biological diversity and
protected against destructive human exploitation...."
Republic Act 8371, otherwise known as the Indigenous People's Rights Act (IPRA) of 1997
22
Native to or confined to a certain region (Wordweb); can only be found in the Philippines.
12
12
The Act was a landmark piece of legislation which reaffirmed, legally, the rights of
indigenous peoples to their ancestral land and to promote their culture and practice their
way of life. These people have practiced multi-crop agriculture which has helped keep the
country's biodiversity.
The Act's policy was to "recognize and promote all the rights of Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPs) xxx within the framework of national unity and
development xxx to their ancestral domains to ensure their economic, social and cultural
wellbeing xxx The ICCs/IPs were granted the right to control, develop and protect their
sciences, technologies and cultural manifestations, including human and other genetic
resources, seeds, including derivatives of these resources, traditional medicines and
health practices, vital medicinal plants, animals and minerals, indigenous knowledge
systems and practices, knowledge of the properties of fauna and flora xxx"
At the same time, the Act enumerated the ICCs/IPs' responsibilities and one of these was
"to preserve, restore, and maintain a balanced ecology in the ancestral domain by
protecting the flora and fauna, watershed areas, and other reserves...."
Republic Act 8550, otherwise known as the Philippine Fisheries Code of 1998
The Act provided for the protection and conservation of coastal and marine species and
their habitats.
The Act declared "food security as the overriding consideration in the utilization,
management, development, conservation and protection of fishery resources" as one of
its policy. It made the "conservation, protection and sustained management of the
country's fishery and aquatic resources" as one of its objectives.
It banned the introduction of foreign aquatic species in Philippine waters and it provided
for the "conservation and rehabilitation" of rare, threatened and endangered species.
Republic Act 9147 otherwise known as the Wildlife Resources Conservation and Protection Act
of 2001
The Act provided for the conservation and protection of wildlife species and their
habitats.
13
13
(c) Pursue, with due regard to the national interest, the Philippine commitment to
international conventions, protection of wildlife and their habitats; and
(d) Initiate or support scientific studies on the conservation of biological diversity."
MANGROVES
Mangrove forest cover has nearly doubled in size since 1995. Prior to this period, mangrove forest cover
had undergone a drastic decline from 450,000 hectares in 1918 to 120,000 hectares in 1995.
CORAL REEFS
The area size of coral reefs in the Philippines is estimated at 27,000 square kilometers.
More than 70% of coral reefs are in poor or fair condition while only 5% are in excellent condition.
These coral reefs are a source of livelihood. It is estimated that 62% of the population living along
coastal areas are directly dependent on coral reef cover for their livelihood.
23
Ibid.
14
14
The Philippines holds the distinction as the country with the second highest seagrass diversity in
the world. Nineteen species are found here, and they constitute 55% of the total number of
species in East Asia.
INLAND WATERS
Inland waters such as lakes, rivers, ponds, streams, marshes and swamps are home to more than 316 fish
species. Approximately 121 of these species are endemic while about 76 of these fishes are threatened
species. Other animals that live in inland waters are water-birds, amphibians and the critically endangered
Philippine crocodile.
A. LAKES
There are more than 70 lakes in the Philippines and 10 of them are considered as the major
lakes of the country in terms of area and their contribution to the culture and livelihood of
the people living near these lakes.
The largest of these lakes is Laguna de Bay with an area of 3,813.2 square kilometers, and it is
a rich source of commercially valuable fishes such as bangus (milkfish), catfish, tilapia and
biya. In this lake, too, can be found plants and animal species which are endemic to the
country.
The second largest lake is Lake Lanao and it is a reservoir for the Agus hydroelectric power
plants which supply more than half of the electric power of Mindanao. It is a major source of
food and livelihood, it acts as a water transport highway and it serves as venue for cultural
activities. Threats to Lake Lanao's environment include the following: pollution, soil erosion
due to indiscriminate logging in the watershed, extensive use of land near the lake for
farming and the environmental effects of the hydroelectric dam.
The third largest lake is Taal Lake and it is where the Taal volcano, the smallest volcano in the
world, is located. The place is a major tourist attraction but the fishing industry in the area is
declining due to pollution of the lake and poor regulation of fish cage operations.
Threats to the lake environment are the following: wastewater dumping, watershed habitat
alteration, urbanization and introduction of exotic (alien) fishes.
___________________
15
15