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Write a concurring opinion and dissenting opinion for the motion.

SCRAP THE BASELINES LAW.


Article I

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.

The recently signed “Baselines Law” (RA 9522)defined the baselines of the the Philippine archipelago partly as requested by the
United Nations to clear up issues regarding territorial claims in the disputed Spratly islands and Mischief reef in the South China
Sea.

“Baselines Law” does not sit well with nations like China, who lays claim on the disputed territory.
As agreed upon in the UN Convention on the Laws of the Seas (December 10, 1982), “Coastal States have sovereign rights in a
200-nautical mile exclusive economic zone (EEZ) with respect to natural resources and certain economic activities, and exercise
jurisdiction over marine science research and environmental protection”.
“Baselines Law” has strengthened the Philippines’ claim over the disputed territory because they fall within the 200-nautical mile
exclusive economic zone (EEZ) from the baselines of the Philippine archipelago.

Concurring opinion:
1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
2. Explain why the rationale is flawed.
3. Propose an amendment. Justify your proposal.
Dissenting opinion:
1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
2. Explain why the rationale is correct.
3. Justify why the “Baselines Law” should be implemented.

OPINION # 1
Concurring opinion:
1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
As a sovereign nation, we should have our own country to live in and to exercise our rights, free will, etc. By establishing our own national
territory we fulfill some of the requirements of being a state and that is having a territory and sovereignity.
2. Explain why the rationale is flawed
i really don’t think the provision is flawed. it seems perfect and covers all national interest of the Philippines. if there is a flaw, i really cant
exactly pin-point it. sorry
3. Propose an amendment. Justify your proposal
Dissenting opinion:
1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
As a sovereign nation, we should have our own country to live in and to exercise our rights, free will, etc. By establishing our own national
territory we fulfill some of the requirements of being a state and that is having a territory and sovereignity.
2. Explain why the rationale is correct
the provision is correct because it strengthens the claim and our hold to our national territory and it also protects our national interests.
3. Justify why the “Baselines Law” should be implemented
The “Baselines Law” should be implemented so that our claim to the disputed territories will be cemented thus making the Philippines the
sole owner of these territories.

OPINION # 2
A. Concurring Opinion
1. the rationale for the baseline act is for us to know up to where is our nations jurisdiction for us to be applied to the laws of our
government.
2. the flaw of the rationale would be 200-nautical mile radius, if that were to be then the kalayaan islands and scarborough shoal will be
outside philippines jurisdiction.
3. the law should be change in a way that these islands woulld come to be within Philippines jurisdiction since they are closest to the
Philippines.
B. Dissenting Opinion
1. the rationale for the baseline act is for us to know up to where is our nations jurisdiction for us to be applied to the laws of our
government.
2. the rationale is correct because the new baseline act enforces our ownership of the sabah and spratly islands which has been fought
over by other countries.
3. the baseline law should be implemented so that we have solid grounds as to why we should have jurisdiction over these group of
islands.
OPINION # 3

Concurring opinion:
_____________________________________________________
1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
National territory is a part of the Philippine constitution because it would provide the country with claim to the land covered by the said
provision. This provision would allow its citizens to know his or her country better by knowing its limitations including its terrestrial, fluvial
and aerial domains. As citizens of one’s country we should at least know the boundaries of our territory.
2. Explain why the rationale is flawed.
The rationale is flawed because only a few countries follow the rule of national territory. As mentioned in the article, a few countries such as
China do not follow the law on national territory. The good part about it is that under the United Nations the Philippine territory is accepted
and approved with or without the consent of other countries who does not accept the law on national territory.
3. Propose an amendment. Justify your proposal.
As an amendment to the law on National Territory, the Philippines should be more precise as to its actual territorial limit. This should
include names of such small islands which are a bit distant but still are part of the country’s territory. This islands or areas should of course
be approved by the United Nations as a part of the Philippines before it should be written in our constitution.
Dissenting opinion:
____________________________________________________
1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
National territory is a part of the Philippine constitution because it would provide the country with claim to the land covered by the said
provision. This provision would allow its citizens to know his or her country better by knowing its limitations including its terrestrial, fluvial
and aerial domains. As citizens of one’s country we should at least know the boundaries of our territory.
2. Explain why the rationale is correct.
The rationale is correct because all the territories that are being claimed by the Philippines fall within its National territory. It also provides a
legal and written proof of the country’s national territory.
3. Justify why the “Baselines Law” should be implemented.
The baseline law should be implemented so that the country would have stronger claim to its territory.

OPINION # 4
A – Concurring Opinion:
1 – State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
Baseline Law defines the maritime limits of the country is a requirement of the United Nations under the UN Convention on the Law of the
Seas (UNCLOS). The Philippines and other countries that signed the convention, which came into force in 1994, have until May 13 to
submit the dimensions of their continental shelf. UNCLOS that requires countries to amend their baselines laws before May 2009. The
baseline law is a technical adjustment of the base points and baselines under those provided under RA 3046 and 5446, which are not
UNCLOS-compliant as they came into effect before the UNCLOS was signed in 1982.
2 – Explain why the rationale is flawed.
The rationale is flawed because few countries will comply with such law in order for them to protect their national interests. And in the
Philippines’ side, through this law, both the Spratly Group of Islands and the Scarborough Shoal will become as “regime of islands” of the
country because they are not part of the archipelago. It is like the Hawaii of the United States of America.
3 – Propose an amendment. Justify your proposal.
Their measurements of dimensions or dimensions should be precise so in order for the Philippines to have the sea, land and air she/he
deserves. This could help in the development of the country and even contribute to WORLD PEACE!
B – Dissenting Opinion:
1 – State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
Baseline Law defines the maritime limits of the country is a requirement of the United Nations under the UN Convention on the Law of the
Seas (UNCLOS). The Philippines and other countries that signed the convention, which came into force in 1994, have until May 13 to
submit the dimensions of their continental shelf. UNCLOS that requires countries to amend their baselines laws before May 2009. The
baseline law is a technical adjustment of the base points and baselines under those provided under RA 3046 and 5446, which are not
UNCLOS-compliant as they came into effect before the UNCLOS was signed in 1982.
2 – Explain why the rationale is correct.
The rationale is correct because this could stop the conflicts of countries because of territory matters. Every drop of water in the sea, air in
the atmosphere and even the tiniest sand will fall to its proper home. This could even contribute to WORLD PEACE!
3 – Justify why the “Baselines Law” should be implemented.
The “Baseline Law” should be implemented for proper places, legal owning of their territories, and for WORLD PEACE!

OPINION # 5
Concurring opinion:
1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
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. It is stated in the newly signed Baseline Law that everything within a
200-nautical mile exclusive economic zone is within the jurisdiction of the state and its economic resources may be used freely by the
state. This law concerns the ownership and jurisdiction of groups of islands near different states including the Philippines.
2. Explain why the rationale is flawed.
If the proprietorship of islands is only based on a borderline which is a 200-Nautical mile radius, the Kalayaan and Scarborough Shoal will
be beyond the Philippines’ limitation and would only be sited as a regime under the Philippines’ jurisdiction.
3. Propose an amendment. Justify your proposal.
Whether or not the Kalayaan islands are within the borderlines of the Philippines, should be considered part of the Philippine territory;
therefore the Philippines has full jurisdiction over the islands. This proposal is a must for we have struggled for years for the jurisdiction of
the islands. And compared to the well-off states contesting for the authority of the islands, should recognize the Philippines’ jurisdiction
over the islands to avoid disputes and confusions regarding national territory. They already have the wealth so why don’t just let go and let
the Philippines handle.
Dissenting opinion:
1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
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. It is stated in the newly signed Baseline Law that everything within a
200-nautical mile exclusive economic zone is within the jurisdiction of the state and its economic resources may be used freely by the
state. This law concerns the ownership and jurisdiction of groups of islands near different states including the Philippines.
2. Explain why the rationale is correct.
The Baseline law consolidates the authority of the Philippines regarding the Spratly and Sabah territories. They fall inside the 200-nautical
mile exclusive economic zone law therefore the Philippines has complete claim and jurisdiction over the two territories.
3. Justify why the “Baselines Law” should be implemented.
The Baselines law should be implemented to avert conflicts regarding the ownership of the Kalayaan islands by different states. This could
prevent any violence that may happen if conflicts are not resolved immediately.

OPINION # 5
A. Concurring opinion:
==========================================
1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
>The newly signed Baselines Law states that everything within a 200-nautical mile exclusive economic zone is within the jurisdiction of the
state and its economic resources may be used freely by the state. It makes us recognize the territories under the jurisdiction of our nation.
2. Explain why the rationale is flawed.
>The rationale is flawed for few countries follow the rule of national territory (like China). Secondly, in the newly signed Baselines Law, the
Kalayaan islands and Scarborough Shoal is placed outside the baselines of the Philippines and categorized them as a regime of islands
under the jurisdiction of the Philippines. It is unjust for the Philippines for we are fighting for these islands for over a number of years.
3. Propose an amendment. Justify your proposal.
>It is better if were just going to abide by on what it is agreed during the UN Convention on the Laws of the Seas. But details of the said law
must be more specific and precise for better ownership and jurisdiction among these islands.
B. Dissenting opinion:
==========================================
1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
> The newly signed Baselines Law states that everything within a 200-nautical mile exclusive economic zone is within the jurisdiction of the
state and its economic resources may be used freely by the state. It makes us recognize the territories under the jurisdiction of our nation.
2. Explain why the rationale is correct.
>The rationale is correct because the Baselines Law strengthens the control islands that are being claimed by the Philippines namely, the
Spratly and Sabah. The said groups fall inside the 200-nautical mile limit. Thus, the Philippines have complete claim and jurisdiction over
the two territories
3. Justify why the “Baselines Law” should be implemented.
>The Baselines law should be implemented because it has strengthened the claim of the Philippines over Spratly and Sabah. It also
prevents disagreements regarding the ownership and jurisdiction of islands.

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