MAGALLONA

VS
ERMITA
GR NO. 187167 | AUGUST 16, 2011

Facts

In 1961, Congress passed RZ 3046 demarcating the maritime baseline of the Philippines as an
Archipelagic State pursuant to UNCLOS I of 9158, codifying the sovereignty of State parties over their
territorial sea. Then in 2968, it was amended by RA 5446, correcting some errors in RA 3046 reserving
the drawing of baselines around Sabah.

In 2009, it was again amended by RA 9522, to be compliant with the UNCLOS III of 1984. The
requirements complied with are to shorten one baseline, to optimize the location of some basepoints and
classify KIG (Kalayaan Island Group) and Scarborough Shoal as “regime of islands”.

Petitioner now assails the constitutionality of the law for three main reasons:

1. It reduces the Philippine maritime territory under Article 1.

2. It opens the country’s waters to innocent and sea lanes passages hence undermining our
sovereignty and security.

3. Treating KIG and Scarborough as “regime of islands” would weaken our claim over those
territories.

Issue

Whether or not RA 9522 is unconstitutional.

Ruling

UNCLOS III has nothing to do with acquisition or loss of territory. It is just a codified norm that
regulates conduct of States. On the other hand, RA 9522 is a baseline law to mark out basepoints along
coasts, serving as geographic starting points to measure. It merely notices the international community of
the scope of our maritime space.

If passages is one of the issues, domestically, the legislature can enact legislation designating
routes within the archipelagic waters to regulate innocent and sea lane passages. But in the absence of
such, international law norms operate. The fact that archipelagic states, their waters are subject to both
passages does not place them in lesser footing vis a vis continental coastal state. Moreover, RIOP is a
customary international law, no modern state can invoke its sovereignty to forbid such passage.

On the KIG issue, RA 9522 merely followed the basepoints mapped by RA 3046 and in fact, it
increased the Philippine’s total maritime space. Moreover, it commits the Philippine’s continues claim of
sovereignty and jurisdiction over KIG. If not, it would be a breach to two provisions of the UNCLOS III:
1) art. 47 (3): drawing of basepoints shall not depart to any appreciable extent from the general
configuration of the archipelago; and 2) Art 47 (2): the length of baseline shall not exceed 100 mm.

KIG and SS are far from our baselines, if we draw to include them, we will breach the rules that it
should follow the natural configuration of the archipelago.