10/7/2021 | Third Meeting

CONSTITUTIONAL LAW REVIEW

PHILIPPINE TERRITORY
Article 1, 1987 Constitution

SCOPE OF PHILIPPINE TERRITORY

1. Philippine Archipelago
2. All other territories over which the Philippines has sovereignty;
3. Terrestrial, fluvial, aerial domains of (1) and (2); and
4. Territorial sea, the seabed, the subsoil, the insular shelves, and other
submarine areas of (1) and (2)

1. PHILIPPINE ARCHIPELAGO

Definition of ARCHIPELAGO
★ A body of water studded with islands.
★ A group of islands, including parts of islands, interconnecting
waters, and other natural features which are closely
interrelated in such islands, waters and other natural features
form an intrinsic geographical, economic and political entity,
or which historically have been regarded as such. [Article
46, UNCLOS]

ARCHIPELAGIC DOCTRINE:
A. The islands and waters embraced in the Philippine
archipelago comprises the Philippine territory.

Legal instruments that delineated the Philippine Archipelago

I. Treaty of Paris of December 10, 1898
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NOTE: Treaty of Paris signified the cession
of the Philippine Islands by Spain to the
United States. The ordinates found under the
treaty form part of our Philippine
Archipelago.

B. 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. I]
★ 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.
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➔ STRAIGHT BASELINE METHOD (SECTION 47,

PART IV, ARCHIPELAGIC BASELINE, UNCLOS)
I. An archipelagic State may draw straight
archipelagic baselines joining the outermost
points of the outermost islands and drying
reefs of the archipelago;
II. The length of such baselines shall not exceed 100
nautical miles, except that up to 3 percent of the
total number of baselines enclosing any
archipelago may exceed that length, up to a
maximum length of 125 nautical miles; and
III. The drawing of such baselines shall not depart to
any appreciable extent from the general
configuration of the archipelago
NOTE: baseline method is used to know the
internal waters of our country.

2.ALL OTHER TERRITORIES OVER WHICH THE

PHILIPPINES HAS SOVEREIGNTY

3.TERRESTRIAL, FLUVIAL,
AERIAL DOMAINS OF (1) AND (2)

4.TERRITORIAL SEA, THE SEABED,

THE SUBSOIL, THE INSULAR SHELVES,
AND OTHER SUBMARINE AREAS OF (1) AND (2)

MARITIME ZONES:
A. Territorial Sea
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➔ Extends up to 12 nautical miles from the
baseline
➔ Part of the Philippine Territory
➔ Philippines has exclusive jurisdiction and
sovereignty over its territorial waters
B. Contiguous Zone
➔ Extends up to 24 nautical miles from the
baseline
➔ Philippines may exercise control necessary
to:
➢ Prevent infringement of its customs,
fiscal, immigration or sanitary laws
and regulations within its territory or
territorial sea; and
➢ Punish infringement of the above
laws and regulations committed
within its territory or territorial sea
(Article 33, Section 3, Contiguous
Zone, Part II, UNCLOS)
NOTE: Generally, the Contiguous Zone is not part of
the Philippine Territory and we cannot exercise
sovereignty. Exemptions are those above mentioned.

C. Exclusive Economic Zone

➔ Extends up to 200 nautical miles from
the baseline
➔ Philippines has sovereign rights for the
purpose of:
➢ exploring and exploiting, conserving
and managing the natural resources,
whether living or nonliving, of the
waters superjacent to the seabed and
of the seabed and its subsoil; and
➢ Conducting other activities for the
economic exploitation and
exploration of the zone, such as the
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production of energy from the water,
currents and winds (Article 56, Part
V, UNCLOS)

➔ Philippines has jurisdiction over:

➢ the establishment and use of
artificial islands, installations and
structures
➢ marine scientific research; and
➢ the protection and preservation of
the marine environment (Article 56,
Part V, UNCLOS)

JURISDICTION OVER CRIMES

1. JURISDICTION OVER TERRESTRIAL DOMAINS

● Territorial Principle
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The state exercises exclusive jurisdiction over
individuals and other legal persons within its
territory.

Answer: YES. Basis: Territorial Principle.

2. JURISDICTION OVER INTERNAL WATERS

● The Territorial Principle also applies.

3. JURISDICTION OVER TERRITORIAL WATERS

● General Rule: Territorial Principle applies.

● Exception: If the crime is committed on board a foreign
vessel.

A. English Rule
The coastal state shall have jurisdiction over
all offenses on board the vessel except those
which do not compromise the peace of the
port.
B. French Rule
The flag state shall have jurisdiction over all
offenses committed on board the vessel
except those which compromise the peace of
the port.
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ANSWERS:
Q1. Yes. The general rule shall apply. Territorial principle is the
basis. English rule shall also be applied.
Q2. Yes. The general rule shall apply since the fishing vessel is
registered here in the Philippines. Territorial principle is the basis.
English rule shall also be applied.

ANSWER:
No. B cannot be prosecuted for the crime of murder under RPC since
the vessel is a foreign vessel. English Rule applies. The exception shall
be applied.

ANSWER:
No. B cannot be prosecuted under the RPC since the vessel is a
foreign vessel. English Rule applies. The exception shall be applied.

ADDITIONAL NOTES:
● Airspace is not a part of our territory.
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● Only the space above the territorial seas shall be part
of our territory.