MODULE 1- NATIONAL TERRITORY

I. Constitutional Provisions
A. What comprises the national territory?
“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” [Sec. 1, Art. 1].
B. What does “and all other territories over which the Philippines has sovereignty or
jurisdiction” mean?
C.
II. United Nations Convention on the Law of the Sea (UNCLOS) A. What is
the archipelagic doctrine?
1. Concepts
“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” [2nd sentence, Sec.
1, Art II]
This articulates the archipelagic doctrine of national territory, based on the principle that an
archipelago, which consists of a number of islands separated by bodies of water, should be treated
as one integral unit.
a.] Internal Waters- Bodies of water within the land mass, such as rivers, lakes, canals, gulfs, bays and
straits. The UN Convention on the Law of Sea defines internal waters as all waters on the landward side
of the baselines of the territorial sea.
2. Maritime classifications
a. Territorial Sea- The belt of the sea located between the coast and internal
waters of the coastal state on the one hand, and the high seas on the other,
extending up to 12 nautical miles from the low-water mark, or in the case of
archipelagic states, from the baselines.

a) The general rule is that ships (not aircraft) of all states enjoy the right
of innocent passage through the territorial sea (not through internal waters). It is
understood, however, that the passage must be continuous and expeditious, except
in cases of force majeure. Submarines and other underwater craft are required to
navigate on the surface and to show their flag.

b. Contiguous Zone- Extends up to 12 nautical miles from the territorial sea.

Although technically, not part of the territory of the State, the coastal State may
exercise limited jurisdiction over the contiguous zone, to prevent infringement of
customs, fiscal, immigration or sanitary laws.

c. Exclusive Economic Zone- Extends up to 200 nautical miles from the low
watermark or the baselines, as the case may be. Technically, the area beyond the territorial sea is not part
of the territory of the State, but the coastal State may exercise sovereign rights over economic resources of
the sea, seabed, subsoil, although other States shall have freedom of navigation and over-flight, to lay
submarine cables and pipelines, and other lawful uses. State with overlapping exclusive economic zones
are enjoined to enter into the appropriate treaty for the joint exploitation and utilization of the resources in
the area. Included in the Philippines’ exclusive economic zone is the Scarborough Shoal, a rock formation
about 135 kilometers from Iba, Zambales.
d. High seas- The high seas are treated as res communes or res nulius, and thus, are not territory of
any particular State. The traditional view is freedom of the high seas, - i.e., they are open and
available, without restriction, to the use of all States for the purpose of navigation, flight over them,
laying submarine cables and pipes, fishing, research, mining, etc.. At present, however, this rule is
subject to regulation arising from treaty stipulations, e.g., regulations to keep the sea from
pollution or prohibiting nuclear testing.
What is the difference between Sovereignty and Sovereign rights?
1. Are the following considered Philippine territory?
a.] Is the Spratlys group of Islands part of our National Territory?
A: YES. The Spratlys Group of islands falls under the second phrase of Article I of the Philippine
Constitution “and all other territories over which the Philippines has sovereignty or jurisdiction”. It is part of
our national territory because the Philippines exercise sovereignty (through the election of public officials)
over Spratlys Group of Islands.

a.Scarborough shoal
b.Philippine Rise
2. Regime of Islands Doctrine
3. Jurisdiction