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If a law violates any norm of the constitution, that law is null and void; it has no effect. (This is an overstatement, for a
law held unconstitutional is not always wholly a nullity)
The American case of Marbury v. Madison laid down the classic statement on constitutional supremacy” “It is a
proposition too plain to be contested, that the Constitution controls any legislative act repugnant to it.”
A. Archipelagic Doctrine
(1989 Bar Question)
It is the principle whereby the body of water
studded with islands, or the islands surrounded
with water, is viewed as a unity of islands and
waters together forming one integrated unit. For
this purpose, it requires that baselines be drawn by
connecting the appropriate points of the “outermost
islands to encircle the islands within the
archipelago. We consider all the waters enclosed
by the straight baselines as internal waters.62
B. Elements of Archipelagic Doctrine
1. Definition of internal waters63
2. The straight line method of delineating the
territorial sea.
Straight Baseline Method- drawn connecting
selected points on the coast without departing to
any appreciable extent from the general direction
of the coast. RA 3046 and RA 5446 have drawn
straight baselines around the Philippines.
(The problem with the straight baseline method is
that it conflicts with the Law of the Sea because it
recognizes the right of innocent passage in
archipelagic waters. That is why we made a
reservation. However, as Bernas pointed out, the
reservation is ad cautelam)
C. Purposes of Archipelagic Doctrine
1. Territorial Integrity
2. National Security
3. Economic reasons