10/28/2021

CONSTITUTIONAL LAW REVIEW

REGIME OF ISLANDS

- Group of islands

ARCHIPELAGO
- Applying the Straight Baseline Method, not all islands
comprising the archipelagic state have their territorial waters,
contiguous and exclusive economic zone
BUT if the island is just part of a regime of islands, each
islands has its own territorial waters, contiguous and
exclusive economic zone

RA 9522
Sponsor: Late Miriam Defensor-Santiago

- Provided the outermost point of the outermost island

- Basis of the Baseline Method
- Kalayaan Island Group and Scarborough Shoal are classified
as regimes of islands which means that they are not part of
the Philippine Archipelago but a part of the Philippine
Territory (Section 2, RA 9522)

Section 2. The baseline in the following areas over

which the Philippines likewise exercises sovereignty and
jurisdiction shall be determined as "Regime of Islands" under
the Republic of the Philippines consistent with Article 121 of
the United Nations Convention on the Law of the Sea
(UNCLOS):
 10/28/2021
a) The Kalayaan Island Group as constituted
under Presidential Decree No. 1596; and

b) Bajo de Masinloc, also known as

Scarborough Shoal.

NOTE: WE ARE SIGNATORY TO UNCLOS

THEREFORE WE ARE OBLIGED TO ENACT IT,
THUS RA 9522 IS PROVIDED FOR.

PACTA SUNT SERVADA - comply with treaty

obligations in good faith.

CASE:
Harry Roque, Riza Hontiveros and Professor Magallona filed
a petition questioning the constitutionality of RA 9522

ISSUE:
1. REDUCTION OF MARITIME TERRITORY
particularly our TERRITORIAL WATERS
Ruling: NO. UNCLOS is an instrument that
determines and regulates the maritime zones
of the archipelagic state.
2. WEAKENED TERRITORIAL CLAIM OVER
KALAYAAN GROUP
Ruling: No. Article 47 (3), Article 47 (2)
Violation of obligation/provisions of
UNCLOS shall arise, particularly:
● Baseline should not exceed 125
nautical miles.
● General configuration shall not be
defeated and altered
THUS, the violation of PACTA SUNT
SERVANDA.