[06] MAGALLONA v ERMITA ▪ Incompatible with the Constitution’s delineation of internal waters

GR No. 187167 | August 16, 2011| J. Carpio o RA 9522 opens the country’s waters landwards of the b
Dpeb maritime passage by all vessels and aircrafts, undermin
Philippines sovereignty and national security
RS/PROSECUTORS: PROF. MERLIN M. MAGALLONA, AKBAYAN PARTY-LIST ▪ Contends that the law unconstitutionally converts “internal waters”
OS, PROF. HARRY C. ROQUE, JR., AND UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW STUDENTS, ALITHEA
TAIRE ALFERES, CZARINA MAY ALTEZ, FRANCIS ALVIN ASILO, SHERYL BALOT, RUBY AMOR BARRACA, JOSE JAVIER
“archipelagic waters” subjecting these waters to the right of innocen
BERNARDO, VALERIE PAGASA BUENAVENTURA, EDAN MARRI CAÑETE, VANN ALLEN DELA CRUZ, RENE DELORINO, ● Respondents maintain that
N, SHARON ESCOTO, RODRIGO FAJARDO III, GIRLIE FERRER, RAOULLE OSEN FERRER, CARLA REGINA GREPO, ANNA
RISH KAY KALAW, MARY ANN JOY LEE, MARIA LUISA MANALAYSAY, MIGUEL RAFAEL MUSNGI, MICHAEL OCAMPO, o Petitioners lack the standing the bring the suit
EDA, WILLIAM RAGAMAT, MARICAR RAMOS, ENRIK FORT REVILLAS, JAMES MARK TERRY RIDON, JOHANN FRANTZ
N RIVERO, DIANNE MARIE ROA, NICHOLAS SANTIZO, MELISSA CHRISTINA SANTOS, CRISTINE MAE TABING, VANESSA o Writs of certiorari and prohibition are not the proper re
A ESTER VANGUARDIA, and MARCELINO VELOSO III assail RA 9522’s constitutionality
● RA 9522 complies with UNCLOS III’s terms, preserving PH territory
NTS/DEFENDANTS: HON. EDUARDO ERMITA, IN HIS CAPACITY and Scarborough Shoal
IVE SECRETARY, HON. ALBERTO ROMULO, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT
HON. ROLANDO ANDAYA, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT,
RA, IN HIS CAPACITY AS ADMINISTRATOR OF THE NATIONAL MAPPING & RESOURCE INFORMATION AUTHORITY, and ISSUES and RULING:
DE, JR., IN HIS CAPACITY AS REPRESENTATIVE OF THE PERMANENT MISSION OF THE REPUBLIC OF THE PHILIPPINES
ONS ● WON petitioners possess locus standi to bring this suit – YES
o No standing as legislators and taxpayers
minary Matters ▪ No infringement of legislative prerogative n
public funds
MARY: Petitioners, professors of law, law students, and a legislator, in o Citizen standing recognized
es as citizens, taxpayers, and legislators, assail the constitutionality of
n Act to Amend Certain Provisions of RA 3046, as amended by RA 5446 ▪ Citizens with constitutionally sufficient in
archipelagic baselines of the Philippines, and for other purposes” on the resolution of the case
RA 9522 violates Article 1 of the 1987 Constitution. ▪ Raises issues of national significance
● WON writs of certiorari and prohibition are the proper remedies –
o In ordinary civil proceedings:
▪ Writs cannot issue absent any showing of gr
discretion in the exercise of judicial, qua
ongress passed RA 3046 which demarcated the maritime baselines of the ministerial powers on the part of the respond
nes and codified the right of State parties under the United Nations o However, when Supreme Court exercises its power of judicial
tion on the Law of the Sea (UNCLOS I) over their territorial sea
of certiorari and prohibition are viewed as proper remedie
o Breadth not determined
constitutionality of statutes and acts of other branches of govern
A 5446 – corrected typographical errors and reserved baselines drawn
Sabah ● WON RA 9522 is unconstitutional – NO
ongress amended RA 3046 by enacting RA 9522 to comply with the terms o RA 9522 is a statutory tool to demarcate the country’s maritim
LOS III continental shelf under UNCLOS III, not to delineate PH territo
o UNCLOS III: prescribes the water-land ratio, length, and contour of ▪ UNCLOS III is not concerned with the acqui
baselines of archipelagic states of territory
o RA 9522: shortened one baseline, optimized the location of some ● It is a multilateral treaty regulating s
basepoints, and classified the Kalayaan Island Group (KIG) and over maritime zones, contiguous zon
Scarborough Shoal as “regimes of islands” which generate their economic zones, and continental
own maritime zones UNCLOS III delimits
ners assail constitutionality of RA 9522 on the ground that ▪ Baselines laws like RA 9522 are me
o RA 9522 reduces the Philippine maritime territory in violation of mechanisms enacted to mark-out the bas
Article 1, 1987 Constitution which baselines are drawn to measure th
ds the demarcation of PH territory under the Treaty of Paris maritime zones and continental shelves
stent with country’s claim of sovereignty over KIG and Scarborough
● Gives notice to the rest of the
community of the scope of maritim
stent with country’s claim over Sabah
submarine areas within which St
 rights like sovereignty over territorial waters,
jurisdiction to enforce laws, and right to exploit
resources
▪ Baselines of the PH have to be drawn in accordance with
RA 9522 because this law conforms to UNCLOS III
▪ States acquire or lose territory through occupation,
accretion, cession and prescription and not by executing
multilateral treaties on the regulations of sea-use rights or
enacting statutes to comply with the treaty's terms to
delimit maritime zones and continental shelves.
9522’s use of the framework of regime of islands to determine the
itime zones of KIG and Scarborough Shoal are not inconsistent with the
s claim of sovereignty over these areas
▪ Under, RA 3046 and RA 9522 the KIG and Scarborough
Shoal lie outside of the baselines drawn outside the PH
archipelago
▪ RA 9522 which optimizes the location of basepoints even
increased the PH’s total maritime space contrary to
petitioners’ claims that under RA 9522, PH lost about 15,000
square nautical miles of territorial waters
▪ RA 9522 increased total maritime space through an
Exclusive Economic Zone
● Extended even beyond the waters demarcated
under the Treaty of Paris
● PH exclusively exploits resources within the zone
▪ RA 9522 which classified the KIG and Scarborough Shoal as
"regime of islands" does not weaken the Philippines'
claim of sovereignty.
● Sec. 2 of RA 9522 recognizes that the Philippines
exercises sovereignty and jurisdiction over these
areas
● Decision to classify them as such shows PH’s
observance of its pacta sunt servanda obligation
under UNCLOS III
▪ IF RA 9522 enclosed KIG and Scarborough Shoal as part
of the Philippine archipelago, the Philippines would have
committed a breach of two provisions of UNCLOS III
● Article 47 (3) of UNCLOS III requires that "[t]he
drawing of such baselines shall not depart to any
appreciable extent from the general
configuration of the archipelago."
● Article 47 (2) of UNCLOS III requires that "the
length of the baselines shall not exceed 100
nautical miles, save for three per cent (3%) of the
total number of baselines which can reach up to
125 nautical miles."
● Islands are too far from t
configuration of the archipelago, so
them in drawing the baselines
o Statutory claim over Sabah under RA 5446 is retained
▪ Sec. 2 of RA 5446 was not repealed keeping t
for baselines around Sabah
o UNCLOS III and RA 9522 are not incompatible with the c
delineation of internal waters
▪ Whether referred to as "internal waters" or
waters", Article 49 of the UNCLOS recognize
party has sovereignty over the body of
landward of the baselines, including the air
and the submarine areas underneath.
▪ Sovereignty does not preclude the o
international law subjecting the territo
archipelagic waters to burdens of maintaining
expeditious international navigation consist
principle of freedom of navigation
● Right of innocent passage is
international law, automatically inc
PH law
▪ To comply with international law, Congress m
designating routes within the archipelag
regulate innocent and sea lanes passage.
▪ Allow imposition of passage rights under UN
exchange for State’s right to claim all waters
their baselines as archipelagic waters sub
territorial sovereignty
▪ Not incompatible with delineation of int
because it still allows the right of innocent p
regulated by Congress
o Petitioners also hold the view that Congress was not bound to p
▪ True BUT without the UNCLOS compliant b
PH would be devoid of internationally accepta
leading to disaster:
● Seafaring powers can freely enter
resources around the archipelago
● Weakens the country’s case in any
over PH maritime space
DISPOSITIVE: WHEREFORE, we DISMISS the petition. SO ORDERED.