A bill was introduce in the House of Representatives in

order to faithfully implement the provisions of the United

Nations Convention on the Law of the Sea (UNCLOS) to
which the Philippines is a signatory. Congressman Asucal
de Papa questioned the constitutionality of the bill on the
ground that the provisions of UNCLOS are violative of the
Provisions of the constitution defining the Philippine
internal water and territorial sea. Do you agree or not
with the said objection?
Do you agree or not with the
said objection?
• Answer: Yes. I agree with the objection of Congressman Asucal de Papa.
• Legal Basis: According to Jurisprudence, The Constitution is the basic and paramount law
to which all other laws must conform and to which all persons, including the highest
officials of the land, must defer. (Chavez vs. JBC et al., G.R 202242, 2012) Understandably,
any laws or treaties should conform to these charter otherwise, it is null and void.
• Application: In this case, the objection is generally on the definition of internal waters
and territorial sea. The constitution provides, that the waters around, between and
connecting the islands of the archipelago regardless of their breadth and dimension form
part of the internal waters of the Philippines (Article I 1987 constitution).
• Conclusion: Although we adhere to the principle of international law as part of the law of
the land, In so far as, the bill is contrary to the defined national territory under our
constitution or it will be disadvantageous to our interest, the former shall be void and the
latter shall prevail.
Definitions according to UNCLOS
Territorial sea-this is a belt of coastal waters extending at most 12
nautical miles from the baseline of a coastal state. The coastal state
exercises sovereignty over the air space above the territorial sea, as
well as its bed and subsoil. Foreign vessels have the right of innocent
passage through the territorial sea.
Contiguous zone- this extends up to 24 nautical miles from the coastal
states baseline, beyond its territorial sea. In this zone, the coastal state
has the power to enforce laws in four specific areas: customs, taxation,
immigration, and pollution, if these infringe upon its territory or
territorial sea.
Definitions under UNCLOS
Exclusive economic zone- extending up to 200 nautical miles from the
baseline, within this zone, the coastal state has special rights regarding the
exploration ad use of marine resources, including energy production from
water and wind. Through the state does not have full sovereignty, it has
jurisdiction over these resources.
Continental shelf- comprises the seabed and subsoil of the submarine areas
that extend beyond a state’s territorial sea to the outer edge of the
continental margin, or up to 200 nautical miles from the baseline where the
outer edge does not extend up to that distance. The coastal state enjoys the
exclusive right to exploit mineral and other non-living resources of the
seabed and subsoil, as well as the living organisms belonging to sedentary
species.
Can Atty. Pretty Prettihan be disbarred for the series of
posts against Dr. Viva Bellatrix in her FB account
Yes. Under the new CPRA Art.II, lawyer shall uphold the dignity of
the legal profession in all social media interactions in a manner
that enhances the people's confidence in the legal system, as well
as promote its responsible use. Section 37. Online posts. — A
lawyer shall ensure that his or her online posts, whether made in a
public or restricted privacy setting that still holds an audience,
uphold the dignity of the legal profession and shield it from
disrepute, as well as maintain respect for the law. In this case,
Even if the social media account is set to private, the
dissemination of posts that can be shared beyond intended
audience means that such posts may still be considered public in
nature. The lack of privacy settings in Atty. Pretty Prettihan’s
account rendered her posts accessible to persons beyond her circle
of friends.