R.A.

5446 (Sabah)

Sec. 2 The definition of the baselines of the territorial sea of the Philippine Archipelago as provided
in this Act is without prejudice to the delineation of the baselines of the territorial sea around the
territory of Sabah, situated in North Borneo, over which the Republic of the Philippines has
acquired dominion and sovereignty.

BASELINE - as defined by the United Nations Convention on the Law of the Sea, is the line
along the coast from which the seaward limits of a state's territorial sea and certain other
maritime zones of jurisdiction are measured, such as a state's exclusive economic zone.

REAGAN v CIR
FACTS
Petitioner Reagan, a civilian employee of an American corporation providing technical
assistance to the US Air Force in the Philippines, questioned the payment of the income tax assessed
on him by respondent CIR on an amount realized by him on a sale of his automobile to a member of
the US Marine Corps, the transaction having taken place at the Clark Field Air Base at Pampanga. It is
his contention, that in legal contemplation the sale was made outside Philippine territory and therefore
beyond our jurisdictional power to tax. He seeks that an amount of P2,979.00 as the income tax paid
by him be refunded.

ISSUE:
Whether or not Clark Field Air Base is part of Philippine territory

RULING:
Yes. By the [Military Bases] Agreement, it should be noted, the Philippine Government merely
consents that the United States exercise jurisdiction in certain cases. The consent was given purely as
a matter of comity, courtesy, or expediency over the bases as part of the Philippine territory or
divested itself completely of jurisdiction over offenses committed therein. This provision is not and
cannot on principle or authority be construed as a limitation upon the rights of the Philippine
Government.

The State is not precluded from allowing another power to participate in the exercise of jurisdictional
right over certain portions of its territory. If it does so, it by no means follows that such areas become
impressed with an alien character. They retain their status as native soil. They are still subject to its
authority. Its jurisdiction may be diminished, but it does not disappear.
PEOPLE v. GOZO
FACTS:
Appellant seeks to set aside a judgment of the Court of First Instance of Zambales, convicting her of a
violation of an ordinance of Olongapo, Zambales, requiring a permit from the municipal mayor for the
construction or erection of a building, as well as any modification, alteration, repair or demolition
thereof. She questions its validity on the pretext that her house was constructed within the naval base
leased to the American armed forces. While yielding to the well-settled doctrine that it does not thereby
cease to be Philippine territory, she in effect seek to emasculate the State's sovereign rights by the
assertion that the latter cannot exercise therein administrative jurisdiction

ISSUE:

Whether or not the State can exercise administrative jurisdiction within the naval base leased by the
Philippines to the American armed forces.

HELD:

The Philippine Government has not abdicated its sovereignty over the bases as part of the Philippine
territory or divested itself completely of jurisdiction over offenses committed therein. Under the terms
of the treaty, the United States Government has prior or preferential but not exclusive jurisdiction of
such offenses. The Philippine Government retains not only jurisdictional lights not granted, but also all
such ceded rights as the United States Military authorities for reasons of their own decline to make use
of.

R.A. 9522, The New Baselines Law of 2009

MAGALLONA v ERMITA
RULING:
UNCLOS III has nothing to do with acquisition or loss of territory. it is just a
codified norm that regulates conduct of States. On the other hand,
 RA 9522 is a baseline law to mark out basepoints along coasts, serving as
geographic starting points to measure. it merely notices the international
community of the scope of our maritime space.

RA 9522 merely followed the basepoints mapped by RA 3046 and in fact, it increased the Phils.’ total
maritime space. Moreover, the law itself commits the Phils.’ continues claim of sovereignty and
jurisdiction over KIG.

If not, it would be a breach to 2 provisions of the UNCLOS III:

Art. 47 (3): ‘drawing of basepoints shall not depart to any appreciable extent from the general
configuration of the archipelago’.

Art 47 (2): the length of baselines shall not exceed 100 mm.

KIG and SS are far from our baselines, if we draw to include them, we’ll breach the rules: that it should
follow the natural configuration of the archipelago.