Book:

Constitutional Structure and Powers of

Government
Class: Constitutional Law I
Topic: Article I

Article I

The Philippine Territory

The 1935 Constitution included a definition of national territory
because the Filipinos were scared of dismemberment. They
wanted to ensure the preservation of the integrity of Philippine
territory.

The 1971 Constitutional Convention placed the definition in the
constitution for the preservation of the national wealth, for
national security, and as a manifestation of our solidarity as a
people.

The 1986 Constitutional Commission believed the definition
would have an educational value. Also, it would be difficult to
explain its absence since it was present in the 1935 and 1973
provisions.

The definition of national territory in the Constitution is only
binding on the state. It must be supported by international law
to be recognized internationally.

An archipelago is a body of water studded with islands. The
Philippine archipelago is delineated by the Treaty of Paris, the
Treaty of Washington, and finally the Treaty with Great Britain.

All other territories over which the Philippines has sovereignty or

jurisdiction

This includes any territory which presently or might belong to
us in the future through international law provisions. This also
includes what the 1935 Constitution referred to as all territory
over which the present (1935) Government of the Philippine
Islands exercises jurisdiction meaning it includes the Batanes
Islands which lay outside the lines drawn by the Treaty of Paris.

It also includes what the 1937 Constitution calls as territories
belonging to the Philippines by historic or legal right. This
phrase was dropped so as not to surrender the Philippines claim
over Sabah. The new phrase quoted on top neither claims or
disclaims Sabah but asserts a legal situation in which Sabah can
have a place in the Philippines.

The Philippines lays claim on the territorial sea, the seabed, the
subsoil, the aerial domain, the insular shelves, and other
submarine areas to the extent recognized by international law.

Waters around, between, and connecting the islands of the
archipelago part of internal waters conflicts with international
law. The 1982 Convention of on the Law of the Sea affirms the
existence of the right of innocent passage through these
archipelagic waters. The Philippines said that the signing of the
Convention shall not in any manner impair or prejudice the
sovereign rights of the Republic under and arising from the
Constitution of the Philippines nor nullify the sovereignty of
the Philippines as an archipelagic State over the sea lanes and do
not deprive it of authority to enact legislation to protect its
sovereignty, independence and security.

The straight baseline method consists of drawing straight lines

connecting appropriate points on the coast without departing to
any appreciable extent from the general direction of the coast.
The 1982 Convention on the Law of the Sea requires coastal
states to draw baselines in conformity with the provisions of the
Convention. RA 2046 and RA 5446 by the Congress do not
completely conform to the requirements of the Convention. In
2009, 9522 provided one set of baselines for the archipelago and
another set of baselines for the regime of islands outside the
archipelago but belonging to the Philippines.