University of San Jose-Recoletos

School of Law
Constitutional Law Review
Prof: Judge Singco

Name: APRIL B. SUMALINOG Date: September 11, 2020

TOPIC 2 on “PHILIPPINE ARCHIPELAGO”

Guided Questions 2

1. What is the archipelagic doctrine?

Answer:
The ARCHIPELAGIC DOCTRINE emphasizes the unity of land and waters by defining
an archipelago either as a group of islands surrounded by waters or a body of waters studded
with islands. 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. The waters on the
landward side of the baselines regardless of breadth or dimensions are merely internal waters.
This doctrine is reflected in the 1987 Constitution. Article I, Section 1 provides that the
national territory of the Philippines includes the Philippine archipelago, with all the islands and
waters embraced therein; and the waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal waters of the
Philippines.

2. Enumerate the rights of the coastal state in the exclusive economic zone.
Answer:
In the EXCLUSIVE ECONOMIC ZONE, the coastal State has sovereign rights for the
purpose of exploring and exploiting, conserving and managing the natural resources, whether
living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil,
and with regard to other activities for the economic exploitation and exploration of the zone,
such as the production of energy from the water, currents and winds in an area not extending
more than 200 nautical miles beyond the baseline from which the territorial sea is measured.
Other rights include the production of energy from the water, currents and winds, the
establishment and use of artificial islands, installations and structures, marine scientific research
and the protection and preservation of the marine environment. (Art. 56, U.N. Convention on the
Law of the Sea)

3. In the desire to improve the fishing methods of the fishermen, the Bureau of Fisheries,
with the approval of the President, entered into a memorandum of agreement to allow Thai
fishermen to fish within 200 miles from the Philippine sea coasts on the condition that
Filipino fishermen be allowed to use Thai fishing equipment and vessels, and to learn
modern technology in fishing and canning. Is the agreement valid?
Answer:
No. The President cannot authorize the Bureau of Fisheries to enter into a memorandum
of agreement allowing Thai fishermen to fish within the exclusive economic zone of the
Philippines, because the Constitution reserves to Filipino citizens the use and enjoyment of the
exclusive economic zone of the Philippines.

Section 2. Article XII of the Constitution provides: “The State shall protect the nation's
marine part in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve
its use and enjoyment to Filipino citizens."

1
 Section 7, Article XIII of the Constitution provides: "The State shall protect the rights of
subsistence fishermen, especially of local communities, to the preferential use of the communal
marine and fishing resources, both inland and offshore. It shall provide support to such fishermen
through appropriate technology and research, adequate financial, production, and marketing
assistance, and other services. The State shall also protect, develop, and conserve such resources.
The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign
intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine and
fishing resources.