Composition of the Philippine Territory

The national territory comprises the Philippine archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of
its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. 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. (Art. I, 1987 Constitution)

Q: William, a private American citizen and frequent visitor to the Philippines, was inside the U.S.
embassy when he got into a heated argument with a private Filipino citizen. Then, in front of many
shocked witnesses, he killed the person he was arguing with. The police came and brought him to the
nearest police station. Upon reaching the station, the police investigator, in halting English, informed
William of his Miranda rights, and assigned him an independent local counsel. William protested his
arrest. He argued that since the incident took place inside the U.S. embassy, Philippine courts have no
jurisdiction because the U.S. embassy grounds are not part of Philippine territory; thus, technically, no
crime under Philippine law was committed. Is William correct?

A: NO. William is not correct. The premises occupied by the United States Embassy do not constitute
territory of the United States but of the Philippines. Crimes committed within them are subject to the
territorial jurisdiction of the Philippines. Since William has no diplomatic immunity, the Philippines can
prosecute him if it acquires custody over him. (UPLC Suggested Answers)

NOTE: Foreign embassies retain their status as native soil. They are still subject to Philippine authority.
Its jurisdiction may be diminished, but it does not disappear. So, it is with the bases under lease to the
American armed forces by the military base’s agreement of 1947. They are not and cannot be
considered as foreign territory.

(UST GN 2021)