Constitutional Law: Article 1, National Territory Flashcards
When was the first phase of the creation of the definition of national territory?
During 1934-1935 Constitutional Convention
When was the second phase of the creation of the definition of national territory?
During the 1972 Constitutional Convention
When was the third phase of the creation of the definition of national territory?
During the 1986 Constitutional Commission
Why is it important for the sovereign state to know the extent of the territory?
The Constitution, being a municipal law, is binding only within the territorial limits of the Philippine sovereignty.
True or False. It is not the Constitution which definitely fixes the extent of the Philippine territory.
TRUE.
What effect did the Tydings-McDuffie Law have on Article 1 of the 1987 Philippine Constitution?
In one of its provisions, it stated that the effectivity of the Philippine Constitution would depend partly on the acceptance of its provisions by the United States Government.
What were the thoughts of then Delegate Raul Roco on the inclusion of an article defining the national territory?
He argued that a territorial definition was necessary for the preservation of our national wealth, for national security, and as a manifestation of our solidarity as a people.
What were the thoughts of then Delegate Jose Nolledo on the inclusion of an article defining the national territory?
He expressed concern for the protection of our national resources.
He thinks that the ratification of the Constitution by the people will strengthen the Philippine territorial position.
What were the thoughts of then Delegate Eduardo Quintero on the inclusion of an article defining the national territory?
He made three points:
1) As opposed to R.A. 3046 stating the Philippine territory in “Whereas” clauses, he said that the clauses should be expressed in more authoritative fashion.
2) He is against deleting the article.
3) He expressed the need for curing the failure of the 1935 Constitution to express the possibility of future territorial acquisitions of the Philippines.
For purposes of analysis, the Philippine territory under the 1973 Constitution may roughly be divided into three (3) groups:
1) The Philippine archipelago
2) other territories belonging to the Philippines
3) Philippine waters, airs-space, and submarine areas
What is an archipelago?
A group of islands
Why is the knowledge of the Treaty of Paris important in determining the “Philippine territory?”
“When Spain signed the Treaty of Paris, in effect she announced to the whole world that she was ceding to the United States the Philippine archipelago which she had been occupying for over four hundred years, …”
Why was the clause “all other territories over which the Philippines has sovereignity of jurisdiction” included in Article 1?
The clause was inserted in answer to the clamor to protect and ensure Philippine claim to territories not covered by prior treaties.
The intent was to avoid forfeiture of these claims by their omission from the constitutional definition.
It is an insurance clause.
Define the “territorial sea of a state.”
It consists of a marginal belt of maritime waters adjacent to the base lines extending twelve nautical miles outward.
Outside the territorial sea are the high seas.
Define “innocent passage.”
It is passage not prejudicial to the interests of the coastal state nor contrary to recognized principles of international law.
Define “seaward.”
Towards the sea
What was the traditional length of territorial waters measured seawards?
Three (3) miles
This was based on the canon-shot rule formulated in 1702.
According to modern law, what is now the length of territorial waters measured seawards?
Twelve (12) nautical miles
What are the two (2) methods used for fixing the starting point or baseline from which the territorial belt is measured seawards?
1) The normal baseline method
2) The straight baseline method
Define the “normal base-line method.”
The breadth of the territorial sea is measured from the low water-line, following the indentations of the coast.
Define the “straight baseline method.”
Instead of the baseline following the sinuosities of the coast, it is drawn as straight lines connecting appropriate points on the coast, without departing to any appreciable extent from the general direction of the coast.
According to Delegate Quintero, what is the definition of an archipelago?
“…a sea studded with islands.”
What is the archipelagic principle?
It is an assertion of the Philippine territory as consisting of everything within the:
Straight base-line method
PLUS
The waters around, between and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the Philippines.
Define “internal waters.”
It consists of all parts of the sea land-wards from the baseline as well as inland rivers and lakes.
Are internal waters subject to the “right of innocent passage?”
NO.
Is the archipelagic principle meant to apply to the waters between the archipelago and “other territories belonging to the Philippines?”
NO.
What is the basis on the provision on airspace?
The Chicago Convention on International Civil Aviation (1944)
Enforced in 1974
What is the basis on the provision on the sea-bed and sub-soil?
The Convention of the Territorial Sea and Contiguous Zone adopted in Geneva in 1958
Article 2, Section 1
Based on the 1982 Law of the Sea, what is the definition of “archipelago?”
Archipelago means a group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features which are so closely related interrelated that such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such.
Based on the 1982 Law of the Sea, what is the definition of “archipelagic state?”
A State constituted wholy by one or more archipelagos and may include other islands
To avoid overlapping of territories among neighboring littoral states, what rule was offered?
The establishes that the dividing line is a median line equidistant from the opposite baselines.
EXCEPTION: The equidistance rule does not apply where historic title or other special circumstances require a different measurement.
Based on the 1982 Law of the Sea, what is the definition of “baseline?”
The low-water line along the coast as marked on large scale charts officially recognized by the coastal state. (Section 5, 182 LOS)
Based on the 1982 Law of the Sea, what is the definition of “normal baseline?’
The low-water line along the coast as marked on large-scale charts officially recognized by the coastal State.
Based on the Anglo-Norwegian Fisheries Case, what is the definition of “low water mark?”
It is the low-water mark as opposed to the high-water mark, or the mean between the two tides, which has generally been adopted in the practice of States.
What laws have drawn “straight baselines” around the Philippines?
R.A. No. 3046
and
R.A. No. 5446
According to the 1982 Convention LOS, in drawing straight baselines for an archipelagic State, what ratio of the area of the water to the area of the land is permissible?
1 to1
AND
9 to 1
What is the limit on the length of the baseline?
It shall not exceed 100 nautical miles, except that up to 3 per cent of the total number of baselines enclosing any archipelago may exceed that length, up to a maximum length of 125 nautical miles.
Can the drawing of the baselines depart from the general configuration of the archipelago?
NO.
Can coastal states prevent passage that it determines to be not innocent?
YES.
According to the 1982 LOS, what is “archipelagic waters?”
Areas which had not previously been considered as internal waters of a State but was enclosed when the Straight Baseline Method was established.
Why are the internal waters of the Philippines not subject to the right to innocent passage?
Because in Article 8 of the 1982 Convention on LOS, it says that the new rule on archipelagic waters applies only to “areas which had not previously been considered as “internal waters.”
1973 - territorial claim in the Constitution
1982 - LOS
According to the 1982 LOS, what is “continental shelf?”
a) The seabed and subsoil of the submarine areas adjacent to the coastal state but outside the territorial sea, to a depth of two hundred meters or, beyond that limit, to where the depth allows exploration
b) The seabed and subsoil of areas adjacent to islands
What is another term for “continental shelf” appropriate to the Philippines?
Archipelagic shelf
OR
Insular shelf
What are the rights of the State on its continental shelf?
To explore and exploit its natural resources
To erect installations needed
To erect safety zone over its installations with a radius of 500 meters
EXCEPT to non-resource material in such as wrecked ship and their cargoes
Who authored the rephrasing of “…its terrestrial, blah, blah, blah?”
Commissioner Adolfo Azcuna
Who authored the rephrasing of “other territories over which the Philippines has sovereignty or jurisdiction?”
Father Joaquin Bernas
In Article 46 of the 1982 Convention on the Law of the Sea, is the Batanes Islands considered part of the archipelago?
YES.
