You are on page 1of 2

Magallona vs Ermita Facts: This is an original action for writs of certiorari and prohibition assailing the constitutionality of RA 9522

adjusting the countrys archipelagic baselines and classifying the baseline regime of nearby territories. This law was amended RA 3 !" which originally demarcated the maritime baselines of the #hilippines as an archipelagic state. The said amendment was prompted by the need to ma$e it compliant with the terms of the %nited &ations 'on(entions on the )aw of the *ea +%&'),*- which ... prescribes the water land ratio/ length/ and contour of

baselines of archipelagic *tates li$e the #hilippines 0 and sets the deadline for the filing of application for the e1tended continental shelf. 2 'omplying with these re3uirements/ RA 9522 shortened one baseline/ optimi4ed the location of some basepoints around the #hilippine archipelago and classified adjacent territories/ namely/ the 5alayaan .sland 6roup +5.6- and the *carborough *hoal/ as 7regimes of islands7 whose islands generate their own applicable maritime 4ones. The petitioners +law professors and students and a legislator- howe(er/ assailed the constitutionality of RA 9522 in their capacity as citi4ens/ ta1payers or legislators on two grounds8 9- RA 9522 reduces the #hilippine maritime territory thus (iolating Article 9 of the 9920 'onstitution embodying the terms of the Treaty of #aris and ancillary treaties: 2- RA 9522 opens the countrys waters landward of the baselines to maritime passage by all (essels and aircrafts/ undermining #hilippine so(ereignty and national security/ contra(ening the countrys nuclear free policy/ and damaging marine resources/ in (iolation of rele(ant constitutional pro(isions. ;urthermore/ they also contend that the treatment of the 5alayaan .slands as regimes of islands not only results to loss of a large maritime area but also prejudiced the li(elihood of subsistence fishermen.
Issue: 9- <=& RA 9522 is unconstitutional.

Held8