ARTICLE 1 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. 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.
The National Territory of the Philippines comprises the
Philippine Archipelago:

ARCHIPELAGO came from the Greek work PELAGOS

meaning “sea”. It has been defined as a sea or part of
a sea studded with islands, often synonymous with
group of islands or large group of islands in an
extensive body of water.
How do we determine our
territorial boundaries?
1. THE 12 MILE RULE
2. THE ARCHIPELAGIC PRINCIPLE
This concept is meant that an archipelago
shall be regarded as a single unit, so that the waters
around, between and connecting the islands of the
archipelago, irrespective of their breath and
dimensions, form part of the internal waters of the
state, subject to its exclusive sovereignty.
The base line of the Philippine territory
THREE DOMAINS OF THE TERRITORY OF
THE STATE
AERIAL DOMAIN

TERRESTRIAL
DOMAIN

FLUVIAL DOMIAN
Terrestrial Domain
The terrestrial domain refers to the land
mass, which may be integrate or dismembered, or
partly bound by water or consist of one whole
island. It may also be composed of several islands,
like the Philippines. It also includes all the
resources attached to the land.
AERIAL DOMAIN
This refers to the air space above the land
and waters of the State
The rules governing the high seas also apply to
outer space, which is considered res communes. Under
customary international law, States have the right to
launch satellites in orbit over the territorial space of other
States.

The Outer Space Treaty, formally known as the

Treaty on Principles Governing the Activities of States in
the Exploration and Use of Outer Space, including the
Moon and Other Celestial Bodies, is a treaty that forms the
basis of international space law.
LAYER OF THE ATHMOSPHERE
WHAT IS THE VERTICAL LIMIT OF
THE TERRITORY OF STATE?

The Kármán line

It lies at an altitude of 100 kilometers (62 mi) above the
Earth’s sea level and is commonly used to define the
boundary between the Earth’s atmosphere and outer
space.
THE KARMAN LINE
FLUVIAL DOMAIN
Included in its fluvial domains are as follows:
1. Internal waters
2. Territorial sea
3. Exclusive Economic zone (EEZ)
4. Sea bed
5. Subsoil
6. Insular shelves
7. Other submarine areas
Internal waters
This include all bodies of water
located inside the baseline of the
territory including sea, lakes, rivers,
streams etc.
Territorial Sea

Out to 12 nautical miles

from the baseline, the
coastal state is free to
set laws, regulate use,
and use any resource.
THE PRINCIPLE OF “INNOCENT PASSAGE”
Vessels were given the right of "innocent
passage" through any territorial waters, with strategic
straits allowing the passage of military craft as "transit
passage", in that naval vessels are allowed to maintain
postures that would be illegal in territorial waters.

"Innocent passage" is defined by the convention

as passing through waters in an expeditious and
continuous manner, which is not “prejudicial to the
peace, good order or the security” of the coastal state.
THE EXCLUSIVE ECONOMIC ZONE (EZZ)
Extend 200 nautical
miles from the baseline.
Within this area, the coastal
nation has sole exploitation
rights over all natural
resources. The EEZs were
introduced to halt the
increasingly heated clashes
over fishing rights, although
oil was also becoming
important.
Sea Bed
This refers to the land that holds the sea, lying beyond the
sea shore, including mineral and natural resources

SEA BED
Insular shelves or continental
shelves
The submerged portions of a continent or offshore island,
which slope gently seaward from the low waterline to a point
where there is a substantial break in grade occurs, at which
point the bottom slopes seaward at a considerable increase
in slope until the great ocean depths are reached
Insular shelves
Subsoil
This refers to everything beneath the surface soil and
the seabed, including mineral and natural resources.

SUBSOIL

SUBSOIL
OTHER SUBMARINE AREAS
They refer to all areas under the territorial sea which
includes seamount, trough, trench, basin, deep, bank
shoal and reef.
Sea Mount
Sea Trench and Deep
Basins
Sea Banks
Shoals
Reefs
All other territories over which
the Philippines has sovereignty
or jurisdiction…
THE PHILIPPINES’ CLAIM OVER SABBAH
THE PHILIPPINES CLAIM OVER SPRATLY’S GROUP
OF ISLANDS
The claim over Sabbah
Bases for the claim:
Historical Basis
The Sultanate of Sulu was granted the
territory as a prize for helping the Sultan of
Brunei against his enemies and from then
on that part of Borneo is recognized as part
of the Sultan of Sulu's sovereignty.
Bases for the claim:
LEGAL CLAIM BASIS
The claim was based on several historical facts and court
judgement. The lease agreement is definitely a proof
otherwise there will be no basis for any agreement if such
ownership was not established at all. The contract was
between Sri Paduka Maulana Al Sultan Mohammad
Jamalul Alam - representing the sultanate as owner and
sovereign of Sabah on one hand, and that of Gustavus
Baron de Overbeck and Alfred Dent, representing the
British East India Co. (then became the North Borneo
Co.), on the other as lessee of Sabah, was executed on June
22, 1878. Though the British turned over the possession
and government of Sabah to the federation, the
Malaysians have not remissed in paying the annual rental.
PHILIPPINES’ CLAIM OVER THE SPRATLY
GROUP OF ISLANDS
Basis for the claim over the Spratly
Group of Islands
In 1947, Tomas Cloma, a Filipino adventurer and a
fishing magnate, found several uninhabited and
unoccupied group of islands/islets in the South China
Sea This is the principal basis for justification of Spratly
islands territorial claims by the Philippines, along with
basis from 1982 UNCLOS archipelagic doctrine. On
May 11, 1956, together with 40 men, Tomas and his
brother Filemon took formal possession of the islands,
lying some 380 miles west of the southern end of
Palawan and named it Freedomland
Argument for the claim:
Res nullius
Spratly Group of Island does not belong to any state
when it was claimed by Thomas Cloma.
Within the EEZ of the Philippines in accordance with
the 1982 United Nation’s Conventions on the Laws of
the Sea UNCLOS.