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Philippine Government and Constitution Chapter 8: Philippine Territory The second element of a state is territory.

y. Territory of the Philippines is defined under Article I of the Constitution.

states have complete and exclusive sovereignty over the air space above its territory State aircrafts are not allowed to fly over the territory of another state or land thereof without authorization by special agreement or otherwise and in accordance with the terms thereof. Special agreement may include:

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.

Five air freedom: 1) freedom to fly across the territory without landing 2) freedom to land for nontraffic purposes 3) freedom to put down passengers, mails, and cargo on the territory of the state whose the nationality of the aircraft possesses. 4) freedom to take on passengers, mail, and cargo destined for territory of any other contracting state 5) freedom to put down passengers, mail and cargo coming from any such territory.

National Territory The national territory of the Philippine comprises of: The Philippine archipelago consisting of the three main islands namely, Luzon, Visayas and Mindanao All waters embracing the said islands such as water under the archipelago doctrine and territorial sea including the seabed, the subsoil, insular shelves, and other submarine areas. All other territories over which the Philippines has sovereignty and jurisdiction.

Consists of terrestrial, fluvial and aerial domains. over which Philippines has

Three Kinds of Domain sovereignty and jurisdiction: Terrestrial Domain

Sixth Air Freedom: the privilege to bring passengers and cargo from one country to the airlines home country and then transmit them to a third country and vice versa.

Outer Space

Refers to the land, whether agricultural, forest, or timber, mineral lands, and national parks under the sovereignty and jurisdiction of the Philippines. Includes all matters such as natural resources found below the surface of the terrestrial land of the Philippines.

The physical universe beyond the atmosphere of the earth. Outer space = beyond the territorial sphere of the earth. An orbiting satellite owned by a state which is directly above the territory of another but is in outer space does not offend the territorial integrity of the latter state. Outer space including the moon and other celestial bodies shall be free for exploration and use by all states and is not subject to national appropriation by claim of sovereignty.

Aerial Domain Refers to air space above the terrestrial lands and waters of the Philippines but excluding the outer space. Air space.

Constitutional provision on aerial domain is an affirmation of the generally accepted principle of international law found in the international convention of civil aviation (Chicago convention)

Fluvial Domain

Refers to internal or national waters and external or territorial waters overwhich the Philippines exercises jurisdiction.

Internal or National Waters Include rivers, lakes, canals, ports, harbors, gulls and bay and waters around, between and connecting the islands of the archipelago. Archipelagic principle treats island of an archipelago as a single integral geographical and political unit.

THREE MILE LIMIT RULE: ==> was the most acceptable formula in determining the extent of territorial waters. Convention on the Law of the Sea TWELVE MILE LIMIT RULE.

Twelve-mile Contiguous Zone Refers to all waters seaward to a line 12 nautical miles distant from the outer limits of territorial waters, under which the Philippines has control necessary to prevent infringement of customs, fiscal, immigration, or sanitary regulations and punish infringement of the above regulations committed in its territory.

Imaginary straight baseline (archipelagic line) will be drawn to connect outermost portions of islands of an archi and all waters embraced shall form part of the archipelagic state. Waters within the baseline are considered internal waters under the Consti and archipelagic waters under Internationl law.

Two Hundred Mile Exclusive Economic Zone

International Waters under the Constitution

Waters around, between, and connecting the islands of the archipelago form part of the internal waters of the Philippines. Affirmation of archipelago doctrine. Waters within archipelagic waters. line internal

Refers to the area beyond and adjacent to the territorial sea, not to exceed 200 nautical miles from the baseline, where the Philippines has an exlusive right to explore and exploit natural resources found therein and limited jurisdiction over matters involving customs, fiscals, health, safety, and immigration laws and regulations Under the Convention of the Law of the Sea, a coastal state: Has sovereign rights for purposes of exploring, exploiting, conserving, and managing the natural resources of the seabed and subsoil and the superjacent waters and with regard to other activities for the economic exploitation and exploration of the zone. Shall have jurisdiction with regard to customs, fiscal, health, safety, and immigration laws and regulations

Foreign merchant vessels not allowed to travel in the internal waters of the Philippines w/o its consent even in exercise of right of involuntary entrance.

Archipelagic Waters under International Law

Waters within the archipelagic archipelagic waters.

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A new concept under the international law. Foreign merchant vessel not allowed to enter the archi waters without its consent except in exercise of right of involuntary entrance.

International Waters, high Seas or Open seas Refers to the portion of the ocean which is beyond the territorial jurisdiction of any country. Since antiquity middle ages Accepted principle that the open sea is free to everybody and, like air, it is common to all mankind.

External or Terrestrial Waters or Maritime Zones Maritime zone = all waters seaward to a line 12 nautical miles distant from the archipelagic baseline over which the Philippines exercises jurisdiction. Waters are located between the archipelagic waters and territorial lands of the Philippines and the open sea or international waters. Foreign merchant vessels can exercise both rights of innocent passage and involuntary entrance in the external waters of the Philippines.