THE NATIONAL TERRITORY

THE NATIONAL TERRITORY

§  Art. I, 1987 Constitution

The 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.

§  The Philippine Archipelago

Basis of Art. 1 of the 1987 Constitution [PIL, I. Cruz]

1-    All the waters within the limits set forth in the:

a)    Treaty of Paris of December 10, 1898 (Cession of the Philippine Islands by Spain to the U.S.),

b)    between Spain and U.S., The Treaty of Spain and U.S. at Washington, November 1, 1900 (Cagayan, Sulu & Sibuto),

c)     Treaty between U.S. and Great Britain, January 2, 1930 (Turtle and Mangsee Islands);

2-    All the waters around, between and connecting the various islands of the Philippine Archipelago, irrespective of their width or dimension, have always been considered as necessary appurtenances of the land territory, forming part of the inland or internal waters of the Philippines;

3-    All the waters beyond the outermost islands of the archipelago but within the limits of the boundaries set forth in the aforementioned treaties comprise the territorial sea of the Philippines.

4-    The baselines from which the territorial sea of the Philippines is determined consist of straight lines joining the appropriate points of the outermost islands of the archipelago (straight baseline method);

The definition of the baselines of the territorial sea of the Philippine archipelago is without prejudice to the delineation of the baselines of the territorial sea around the territory of Sabah, situated in North Borneo, over which the Republic of the Philippines has acquired dominion and sovereignty.

ARCHIPELAGIC DOCTRINE

> Outermost points of the archipelago shall be connected by straight baselines and all islands and waters therein are regarded as one integrated unit

§  Treaty Limits (Treaty of Paris, Art. III; Treaty between Spain and the US concluded at Washington DC, on November 7, 1900 and that between US and Great Britain on January 2, 1930)

1. Treaty of Paris of 10 December 1898.

Article 3 defines the metes and bounds of the archipelago by longitude and latitude, degrees and seconds.  Technical descriptions are made of the scope of the archipelago as this may be found on the surface of the earth.

                       

2.  Treaty of Washington of 7 November 1900 between the United States and Spain.

                       

                        Ceding Cagayan, Sibuto and Sulu.

3. Treaty of 2 January 1930 between the United States and Great Britain.

           

                        Ceding the Turtle and Mangsee Islands.

J        The SPRATLEY’S group of islands is not a part of the Philippine archipelago but it is a part of our national territory.  It belongs to the 2^nd part of the composition of the national territory […All other territories over which the Philippines has sovereignty or jurisdiction]

§  P.D. No. 1596 (Declaring Certain Areas Part of the Philippine Territory and Providing for Their Government and Administration), promulgated on June 11, 1978.

PRESIDENTIAL DECREE NO. 1596

DECLARING CERTAIN AREA PART OF THE PHILIPPINE TERRITORY AND PROVIDING FOR THEIR GOVERNMENT AND ADMINISTRATION

WHEREAS, by reason of their proximity the cluster of islands and islets in the South China Sea situated within the following: 

KALAYAAN ISLAND GROUP

From a point [on the Philippine Treaty Limits] at latitude 7º40' North and longitude 116º00 East of Greenwich, thence due West along the parallel of 7º40' N to its intersection with the meridian of longitude 112º10' E, thence due north along the meridian of 112º10' E to its intersection with the parallel of 9º00' N, thence northeastward to the intersection of parallel of 12º00' N with the meridian of longitude 114º30' E, thence, due East along the parallel of 12º00' N to its intersection with the meridian of 118º00' E, thence, due South along the meridian of longitude 118º00' E to its intersection with the parallel of 10º00' N, thence Southwestwards to the point of beginning at 7º40' N, latitude and 116º00' E longitude are vital to the security and economic survival of the Philippines;

WHEREAS, these areas do not legally belong to any state or nation but, by reason of history, indispensable need, and effective occupation and control established in accordance with the international law, such areas must now deemed to belong and subject to the sovereignty of the Philippines;

WHEREAS, while other states have laid claims to some of these areas, their claims have lapsed by abandonment and can not prevail over that of the Philippines on legal, historical, and equitable grounds.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree as follows:

§  P.D. No. 1599 (Establishing an Exclusive Economic Zone and For Other Purposes), promulgated on June 11, 1978.

There is established an exclusive economic zone extending "to a distance of two hundred nautical miles beyond and from the baselines from which the territorial sea is measured.  Provided, That, where the outer limits of the zone as thus determined overlap the exclusive economic zone of an adjacent or neighboring state, the common boundaries shall be determined by agreement with the state concerned or in accordance with pertinent generally recognized principles or international law on delimitation."  (Sec. 1 thereof.)

Other states shall enjoy in the exclusive economic zone freedoms with respect to navigations and overflight, the laying of submarine cables and pipelines, and other internationally lawful uses of the sea relating to navigation and communications.  (Sec. 4 thereof.)

Purposes:

      1. Sovereign rights to explore, exploit, conserve and manage the natural resources, living or non-living, renewable or non-renewable of the seabed, subsoil, and superadjacent waters.

      Economic exploitation and exploration of the re­sources of the zone such as the production of energy from the water, currents and winds.

      2. Exclusive rights and jurisdiction with repect to the establishment and utilization of artificial islands, off-shore terminals, installations and structures; the preservation of the marine environment, including the prevention and control of pollution and scientific research.

      3. Such other rights as are recognized by international law.

Other states are prohibited from using the zone to:

      1.  Explore or exploit any resources;

      2. Carry out any search, excavation or drilling opera­tions;

      3. Conduct any research;

      4. Construct or operate any artificial island, off-shore terminal, installation, or other structure;

      5. Perform any activity which is contrary to, or in derogation of, the sovereign rights and jurisdiction herein provided.

Other states are allowed to use the zone for:

      1. Navigation and overflight;

      2. Laying of submarine cable and pipelines;

      3. Other lawful uses related to navigation and communi­cation.

      In case of overlapping of EEZs, the common boundaries are to be detemined by (i) agreement and (ii) international rules on delimitations.

UN Convention on the Law of the Sea (30 April 1982.)

      The exclusive economic zone which shall not extend beyond 200 nautical miles from baselines from which the breadth of the territorial sea is measured, is recognized in the UNCLOS, of which the Philip­pines is a signatory.  Its concept  is that although it is not part of the territory, exclusive economic benefit is reserved for the country.