Archipelagic Doctrine Report

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Archipelagic Doctrine

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.

Under the Archipelagic Doctrine, we connect the outermost points of our archipelago with straight
baselines and consider all the waters enclosed thereby as internal waters. The entire archipelago is
regarded as one integrated unit instead of being fragmented into so many thousand islands. (Cruz and
Cruz, Philippine Political Law, p. 24)

Purposes of the Archipelagic Doctrine

1. Territorial Integrity

2. National Security

3. Economic reasons

NOTE: The main purpose of the archipelagic doctrine is to protect the territorial interests of an
archipelago, its territorial integrity. Without it, there would be “pockets of high seas” between some of
our islands and islets, thus foreign vessels would be able to pass through these “pockets of seas” and
would have no jurisdiction over it.

Effect of RA 9522 “Archipelagic Baselines Law” on our sovereignty over our national territory

RA 9522 amends RA 3046, which defines the baselines of the territorial sea of the Philippines. The
Kalayaan Island Group as constituted under PD 1596 and Bajo de Masinloc, also known as Scarborough
Shoal is determined as “Regime of Islands” under the Republic of the Philippines consistent with Art. 121
of the United Nations Convention on the Law of the Sea which states:

An island is a naturally formed area of land, surrounded by water, which is above water at high tide.

Except as provided for in par. 3, the territorial sea, the contiguous zone, the exclusive economic zone
and the continental shelf of an island are determined in accordance with the provisions of this
Convention applicable to other land territory. Rocks which cannot sustain human habitation or
economic life of their own shall have no exclusive economic zone or continental shelf.

Spratlys Group of Islands (SGI) is not part of the Philippine Archipelago because it is too far to be
included within the archipelagic lines encircling the internal waters of Philippine Archipelago. The SGI,
however, is part of the Philippine territory because it was discovered by a Filipino seaman in the name
of Tomas Cloma who later renounced his claim over it in favor of the Republic of the Philippines.
Subsequently, then Pres. Marcos issued a Presidential Decree constituting SGI as part of the Philippine
territory and sending some of our armed forces to protect said island and maintain our sovereignty over
it.

SGI and Scarborough Shoal as part of the National Territory

The SGI and Scarborough Shoal fall under the 2nd phrase of Art. II, i.e. “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 election of public officials) over the Spratly Group of Islands.
Moreover, under the Philippine Baselines Law of 2009 (RA 9522), the Spratly Islands and the
Scarborough Shoal are classified as islands under the regime of the Republic of the Philippines.
(Philippine Baselines Law of 2009)

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