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SC Petition-Baseline Law

SC Petition-Baseline Law

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06/21/2011

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This is the html version of the filehttp://verafiles.org/docs/baseline-sc-petition.pdf .
 
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Page 1
 1Republic of the Philippines
SUPREME COURT
 MANILA
P
ROF
. M
ERLIN
M. M
AGALLONA
, A
KBAYAN
 
P
ARTY
-L
IST
EP
. R 
ISA
H
ONTIVEROS
, P
ROF
. H.
 
H
ARRY
L. R 
OQUE
, J
.,
AND
U
NIVERSITY OF
 
THE
P
HILIPPINES
C
OLLEGE OF
L
AW STUDENTS
 
A
LTHEA
B
ARBARA
A
CAS
, V
OLTAIRE
A
LFEREZ
,
 
C
ZARINA
M
AY
A
LTEZ
, F
RANCIS
A
LVIN
A
SILO
,
 
S
HERYL
B
ALOT
, R 
UBY
A
MOR 
B
ARRACA
, J
OSE
 
J
AVIER 
 
B
AUTISTA
, R 
OMINA
B
ERNARDO
,
 
V
ALERIE
P
AGASA
B
UENAVENTURA
, E
DAN
 
M
ARRI
C
AÑETE
, V
ANN
A
LLEN
D
ELA
C
RUZ
,
 
ENE
D
ELORINO
, P
AULYN
M
AY
D
UMAN
,
 
S
HARON
E
SCOTO
, R 
ODRIGO
F
AJARDO
III,
 
G
IRLIE
F
ERRER 
, R 
AOULLE
O
SEN
F
ERRER 
,
 
C
ARLA
EGINA
G
REPO
, A
NNA
M
ARIE
C
ECILIA
 
G
O
, I
RISH
AY
ALAW
, M
ARY
A
NN
J
OY
L
EE
,
 
M
ARIA
L
UISA
M
ANALAYSAY
, M
IGUEL
AFAEL
 
M
USNGI
, M
ICHAEL
O
CAMPO
, J
AKLYN
H
ANNA
 
P
INEDA
, W
ILLIAM
AGAMAT
, M
ARICAR 
 
AMOS
, E
NRIK 
F
ORT
EVILLAS
, J
AMES
M
ARK 
 
T
ERRY
IDON
, JO
HANN
F
RANTZ
IVERA
IV,
 
C
HRISTIAN
IVERO
, D
IANNE
M
ARIE
OA
,
 
N
ICHOLAS
S
ANTIZO
, M
ELISSA
C
HRISTINA
 
S
ANTOS
, C
RISTINE
M
AE
T
ABING
, V
ANESSA
 
A
NNE
T
ORNO
, M
ARIA
E
STER 
V
ANGUARDIA
,
 
AND
M
ARCELINO
V
ELOSO
III,
 
 Petitioners,
  ± versus ± 
H
ON
. E
DUARDO
E
RMITA
,
IN HIS CAPACITY AS
 
E
XECUTIVE
 
S
ECRETARY
,
 
H
ON
.
 
A
LBERTO
 
OMULO
,
IN HIS CAPACITY AS
S
ECRETARY OF
 
THE
D
EPARTMENT OF
F
OREIGN
A
FFAIRS
, H
ON
.
 
OLANDO
A
NDAYA
,
IN HIS CAPACITY AS
 
S
ECRETARY OF THE
D
EPARTMENT OF
B
UDGET
 
AND
M
ANAGEMENT
, H
ON
. D
IONY
V
ENTURA
,
 
IN HIS CAPACITY AS
A
DMINISTRATOR OF THE
 
N
ATIONAL
 
M
APPING
 
&
 
ESOURCE
 
I
NFORMATION
A
UTHORITY
, & H
ON
. H
ILARIO
 
D
AVIDE
J
.,
IN HIS CAPACITY AS
P
ERMANENT
 
EPRESENTATIVE
 
OF
 
 
THE
 
P
ERMANENT
 
M
ISSION OF THE
EPUBLIC OF THE
P
HILIPPINES
 
TO THE
U
NITED
N
ATIONS
,
 
 R
espondents.
 
SC G.R. No. __________________ 
 
For: C
ERTIORARI AND
P
ROHIBITION
 
with Prayer for the Issuance of a
 
Writ of Preliminary Prohibitory
 
 Injunction
 
and/or 
 
Temporary
 
 Restraining Order 
 
(
Re: Republic Act No. 9522 or the
 
New Philippine Baselines Law)
 
.
 
P
ETITION FOR 
C
ERTIORARI AND
P
ROHIBITION
 
WITH
P
RAYER FOR THE
I
SSUANCE OF A
W
RIT OF
P
RELIMINARY
P
ROHIBITORY
 
I
NJUNCTION AND
/
OR 
A T
EMPORARY
ESTRAINING
O
RDER 
 
Page 2
 2
PREFATORY STATEMENT
 
«
.The President/Prime Minister of the Philippines is the political head of 
 
all the people.
 H 
is is the sacred responsibility to protect and defend 
 
the security of all the people, the stability of the government and 
the
 
integrity of the national territory, not only for the tenure to which
 
he has been elected but for all times
. (Emphasis supplied)
 
-UNIDO vs. COMELEC, G.
 R
. No. 56515, April 3, 1981
 
This Petition presents to this Honorable Court a case both of first impression and of extreme urgency, dealing with no less thanthe question involving the reorganization of the country¶s territorialregime and profoundly affecting the determination of the political boundaries of the Philippines as a state.For the very first time, this Honorable Court is being asked to pass upon an issue pivotal to the integrity of the Philippines as a statesovereign over its territory as understood both under constitutionallaw and under international law.A law has been passed that, well-intentioned it may beinasmuch as it purportedly updates Philippine treaty commitmentsunder the United Nations Convention on the Law of the Sea(UNCLOS) regime, actually deprives the Philippines of what has been established long before in historical, legal and scientific termsas part and parcel of its national territory.Yes, long before the establishment of the different multilateral
 
treaties under the UNCLOS regime, the Philippines has alreadystaked a claim to certain vested rights over a well-defined area of national territory under the Treaty of Paris ± controversial it may beas a document of colonization ± as well as under a slew of subsequent
Page 3
 3
treaties and pieces of legislation enacted during the Americancolonial regime and under the post-1946 Republic of the Philippines.These vested rights, well-recognized under the jurisprudence of the International Court of Justice (ICJ) on territorial disputes arisingfrom the painful process of decolonization, have beenconstitutionalized in the Philippine domestic order, from theCommonwealth-era 1935 Constitution, to the Martial Law-era 1973Constitution, and up to the present Post-Marcos 1987 Constitution.Clearly, a constitutional definition of the national territory cannot beremade by mere statutory act ± in this case, by Republic Act No. 9522,otherwise known as
³
 An Act to Amend Certain Provisions of 
 R
epublic
 
 Act No. 3046, as amended by
 R
epublic Act No. 5446, to Define the
 
 Archipelagic Baselines of the Philippines, and for Other Purposes.´
 Republic Act No. 9522 (a copy is attached as ANNEX A) revisesthe Philippine national territory in violation of the Constitution andof the international law on decolonization itself. Without question, inworking together for the enactment and implementation of the saidlaw the Legislative and Executive Departments committed graveabuse of discretion amounting to lack or excess of jurisdiction. Nevertheless, Republic Act No. 9522 having already beensigned into law, all that remains for the Chief Executive is to register and deposit the new baselines law with the UN Secretary General to bind the Philippines under international law to the UNCLOS regimeto give it effect under international law. The subsequent invalidation by this Honorable Court of the same law for being unconstitutionalcannot undo the legal effect of its having been already registered and
Page 4
 4
deposited with the UN ± the dismemberment of Philippine nationalterritory.It is therefore extremely urgent that the Respondents or any of their agents be restrained from implementing the new baselines law

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