The Philippines

Is the location of the Philippines strategic?

The Philippines
in the World
is part of Asia
The Philippines
in Asia
is part of the Southeast region
 The
Philippines’
relative location
The Philippines
is near and above the equator thus
a tropical climate and a rainy and
dry seasons.
 The National
Territory
according to Article 1 of the 1987 Constitution of the
Philippine Republic and the Archipelagic Doctrine
 Territory
refers to an area of land over
which a state exercises
authority and power. It
includes all the water
surrounding the land or
found in it and also the air
above it. It consists of the
terrestrial, fluvial, maritime
and aerial domains.
The Philippine Territory according
to the Constitution

is an archipelago composed of 7107 big and small islands

it is considered one of the largest archipelago in the world

The land part of the Philippines is 300, 00 km2

Its land territory and maritime domain measure 538, 564

km2

In total, terrestrial domain pluz the EEZ is 1, 208, 986 km2

 The Philippine Territory as owned
by Spain

International law recognizes five traditional modes

of territory acquisition: (1) cession, (2)
occupation, (3) accretion, (4) conquest or
subjugation, and (5) prescription.

Spain’s claim over the Philippines is by

“discovery” a valid mode of acquisition at that
time

TREATY of PARIS- by virtue of cession

(meaning peaceful transfer of ownership/territory)
the Philippines was ceded to the U.S. in Dec 10,
1898
 The Philippine Territory as ceded to
the U.S.

Is it legal?
Prior to the cession, the Philippines had already declared independence from
Spain on June 12, 1898.During the last months of 1898, when the Treaty of Paris
was negotiated, Filipinos sought sovereignty with legal and historical arguments
and declared that the cession to the U.S. was illegitimate. By August 1898, the
Filipinos possessed most of their country, except for Manila and its surrounding
areas. Thus, the crucial question is: Was the cession of the Philippine archipelago
valid under international law? Obviously, absent an established title, Spain
cannot be said to have ceded whatever title it did not possess to the U.S.. In this
respect, the rather confused “chains of title” successively or jointly invoked by
the U.S. do not matter: no title, no “cession.” Whether in 1898 or 1900 through
treaties with the U.S., or in 1930 through treaty with the U.K., Spain could not
have transferred more territorial rights than it actually possessed. In 1898, at the
time Spain ceded its sovereign rights of the Philippine archipelago to the U.S.,
the prevailing international law theory was that an area inhabited by people not
“permanently united for political action was deemed territorium nullius (empty
territory).” It was widely acknowledged that a claim grounded on territorium
nullius was binding over foreign powers. The two foreign powers simply ignored
the fact that Spain never fully exercised control over the entire archipelago.
During the transfer of the Philippines, the parties did not obtain the native
inhabitants’ consent, thus rendering their consent immaterial to the validity of the
treaty. Even if its title was challenged, the U.S. could rely on the international
character of the cession of Philippines territory from Spain. First, Spain’s claim
of title rests on the theory of territorium nullius. Second, the massive military
victories of the U.S. over the nativist resistance allow the U.S. to claim legal title
on the basis of conquest. However, there was no need to raise these alternative
theories; “[i]t was simply assumed, without question, that the Spanish cession
was valid and that it applied to all parts of the colony.
 The Philippine Territory as ceded to
the U.S.
The U.S., however, was hardly
concerned about the validity of its title
over the Philippines islands. After all, it
was the era of American imperialist
expansion, and the Philippines
constituted a strategic possession in
America’s growing empire. The
Philippines was regarded as the “el
dorado of the Orient.” It was seen as a
source for vital raw materials, a market
for American goods, a strategic naval
base, and as Spain had done nearly three
and one-half centuries earlier, an
essential commercial trading post to
China.
The Philippine Treaty Limits

The Philippines claims that it acquired its current

territorial boundaries, the “Philippine Treaty Limits,” on
the basis of three treaties:

(1) Treaty of Paris between Spain and the U.S., signed in

Paris on December 10, 1898 (transfer within 3 months after
ratification, sold at $20 M ;

(2) Treaty Between Spain and the U.S. for the Cession of
Outlying Islands of the Philippines, signed in
Washington on November 7, 1900 (Cagayan, Sulu and Sibutu
as part of Phil. territory) ; and

(3) Convention Between the U.S. and Great Britain

Delimiting the Philippine Archipelago and the State of
Borneo, signed in Washington on January 2, 1930 (North
Borneo, which is now the Malaysian state of Sabah, was then a
protectorate of Great Britain; conclusion of the Boundaries Treaty
solely focused on the status of the Turtle Islands and the Mangsee
Islands)
 The Philippine Territory based on Rep Act No.
3406 (as amended by RA 5446) BASELINES (1961)

WHEREAS, all the waters within the limits set forth in the
above-mentioned treaties (The Philippine Treaty Limits) have
always been regarded as part of the territory of the Philippine
Islands;

WHEREAS, all the waters around, between and connecting

the various islands of the Philippines archipelago, irrespective
of their width or dimension, have always been considered as
necessary appurtenances of the land territory, forming part of
the inland or internal waters of the Philippines;

WHEREAS, all the waters beyond the outermost islands of

the archipelago but within the limits of the boundaries set
forth in the aforementioned treaties comprise the territorial
sea of the Philippines;
WHEREAS, the baselines from which the territorial sea of
the Philippines is determined consist of straight lines joining
appropriate points of the outermost islands of the
archipelago; and

WHEREAS, the said baselines should be clarified and

specifically defined and described for the information of all
concerned; 
The Philippine Territory based on Presidential
Decree of 1596 (KALAYAAN IS-1978)

PRESIDENTIAL DECREE NO.1596

DECLARING CERTAIN AREA PART OF THE PHILIPPINE
TERRITORY AND PROVIDING FOR THEIR GOVERNMENT AND
ADMINISTRATION.
WHEREAS, by reason of their proximity the cluster of islands and islets in
the South China Sea situated within the following:

KALAYAAN ISLAND GROUP

From a point [on the Philippine Treaty Limits] at latitude 7°40ʹ North and
longitude 116°00ʹ East of Greenwich, thence due West along the parallel of
7°40ʹ N to its intersection with the meridian of longitude 112°10ʹ E, thence
due north along the meridian of 112°10ʹ E to its intersection with the parallel
of 9°00ʹ N, thence northeastward to the intersection of the parallel of 12°00ʹ
N with the meridian of longitude 114° 30ʹ E, thence, due East along the
parallel of 12°00ʹ N to its intersection with the meridian of 118° 00ʹ E,
thence, due South along the meridian of longitude 118°00ʹ E to its
intersection with the parallel of 10°00ʹ N, thence Southwestwards to the
point of beginning at 7°40ʹ N, latitude and 116° 00ʹ E longitude.
are vital to the security and economic survival of the Philippines;
WHEREAS, much of the above area is part of the continental margin of the
Philippine archipelago;
WHEREAS, these areas do not legally belong to any state or nation but, by
reason of history, indispensable need, and effective occupation and control
established in accordance with international law, such areas must now be
deemed to belong and subject to the sovereignty of the Philippines;
WHEREAS, while other states have laid claims to some of these areas, their
claims have lapsed by abandonment and can not prevail over that of the
Philippines on legal, historical, and equitable grounds.
BY PRES. FERDINAND MARCOS
The Philippine Territory according
to the PD 1599 (EEZ)
UNCLOS- Dec 10, 1982 in
Jamaica of 130 member
countries

old 3-nautical-mile rule to 12

nautical miles

EEZ of 200 nautical miles

where a country has the right to
explore, utilize, preserve, and
manage its natural resources
 The Philippine Territory according
to the PD 1599 (EEZ)
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the
powers vested in me by the Constitution, do hereby decree and order:
Section 1. There is hereby established a zone to be known as the exclusive economic zone of the
Philippines. The exclusive economic zone shall extend to a distance of two hundred nautical miles beyond
and from the baselines from which the territorial sea is measured: Provided, That, where the outer limits of
the zone as thus determined overlap the exclusive economic zone of an adjacent or neighboring state, the
common boundaries shall be determined by agreement with the state concerned or in accordance with
pertinent generally recognized principles of international law on delimitation.
Section 2. Without prejudice to the rights of the Republic of the Philippines over it territorial sea and
continental shelf, it shall have and exercise in the exclusive economic zone established herein the following;
(a) Sovereignty rights for the purpose of exploration and exploitation, conservation and management of the
natural resources, whether living or non-living, both renewable and non-renewable, of the sea-bed,
including the subsoil and the superjacent waters, and with regard to other activities for the economic
exploitation and exploration of the resources of the zone, such as the production of energy from the water,
currents and winds;
(b) Exclusive rights and jurisdiction with respect to the establishment and utilization of artificial islands,
off-shore terminals, installations and structures, the preservation of the marine environment, including the
prevention and control of pollution, and scientific research;
(c) Such other rights as are recognized by international law or state practice.
 The Philippine Territory according
to the PD 1599 (EEZ)
Section 3. Except in accordance with the terms of any agreement entered into with the
Republic of the Philippines or of any license granted by it or under authority by the Republic of
the Philippines, no person shall, in relation to the exclusive economic zone:

(a) explore or exploit any resources;

(b) carry out any search, excavation or drilling operations:
(c) conduct any research;
(d) construct, maintain or operate any artificial island, off-shore terminal, installation or other
structure or device; or
(e) perform any act or engage in any activity which is contrary to, or in derogation of, the sovereign
rights and jurisdiction herein provided.

Nothing herein shall be deemed a prohibition on a citizen of the Philippines, whether natural or
juridical, against the performance of any of the foregoing acts, if allowed under existing laws.

Section 4. Other states shall enjoy in the exclusive economic zone freedoms with respect to
navigation and overflight, the laying of submarine cables and pipelines, and other internationally
lawful uses of the sea relating to navigation and communications
 Let’s Review

What are the two claims we have for our national

territory?

What are the Archipelagic Doctrines? What does it say?

 REFERENCES

The 1987 Constitution Article 1

The Filipino Odyssey book

The Historical Context and Legal Basis of the Philippine Treaty Limits by Lowell B. Bautista
http://blog.hawaii.edu/aplpj/files/2011/11/APLPJ_10.1_bautista.pdf

The Official Gazette of the Philippine Government

https://www.officialgazette.gov.ph/1978/06/11/presidential-decree-no-1596-s-1978/

The Institute for Maritime and Ocean Affairs

http://www.imoa.ph/republic-act-no-3046-as-amended-by-ra-5446/