Debating Its

National Territory

Francis N.
Reginio

OBJECTIVE
At the end of the presentation, you will
S:
following for your own study design:
Identify the limits and bounds of
the Philippine territory;
Enumerate the components of the
national territory;
Explain
the
archipelagic
doctrine; and
Explain the arguments of the
Philippine territorial issues.

learn the

1987 Philippine Constitution

1973 Philippine Constitution

ARTICLE I
The National Territory

ARTICLE I
The National 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

The national territory comprises the

Philippine archipelago, with all the
islands
and
waters
embraced
therein, and all the other territories
belonging to the Philippines by
historic or legal title, including the
territorial sea, the air space, the
subsoil, the sea-bed, the insular
shelves, and the submarine areas
over which the Philippines has
sovereignty or jurisdiction. The
waters
around,
between,
and
connecting the islands of the
archipelago, irrespective of their
breadth and dimensions, form part
of the internal waters of the
Philippines

Necessity of constitutional
provision on National
Territory

The Constitution begins with a

delimitation of our national territory.
1. Binding force of such provision under
international law
2. Value of provision defining our national
territory
3. Acquisition of other territories.
Points to remember:
4. A constitution is not international law but only a state
law;
as such, it is binding only on the state
promulgating it.
5. Every Filipino citizen, however, whether he is inside or

Other territories over which

the Philippines has
sovereignty or jurisdiction
1. Pending Philippine claim to Sabah,
etc.
2. Future claims by the Philippines to
other areas.
Other areas included
in the Philippine

archipelago:

The Philippine territory consists of its terrestrial,

fluvial, and aerial domains. Included in its fluvial
domains, In addition to the external waters, are:
1. The territorial sea
2. The seabed
3. The subsoil
4. Insular shelves
5. Other
submarine
areas

Points of View
The Philippines, like most states now,
includes in its territory the insular
shelves which, is strictly speaking, are
under the jurisdiction only, and not the
sovereignty, of the coastal state.
The definition in Art. I now covers the following
1. Those ceded to the United States by virtue of the Treaty of
territories:
2.

3.
4.
5.

Paris of December 10, 1989.

Those defined in the treaty concluded between the US and
Spain on November 7, 1900, which were not defined in the
Treaty of Paris, specifically the islands of Cagayan, Sulu and
Sibuto.
Those defined in the treaty concluded on January 2, 1930,
between the US and Great Britain, specifically the Turtle and
Mangsee Islands.
The island of Batanes, which was covered under a general
statement in the 1935 Constitution.
Those contemplated in the phrase belonging to Philippines

The Philippine position

The archipelago theory is in reality
an exception to the three-mile rule
(now 12-mile rule). This rule does
not adequately protect Philippine
interests at all.
1. Fatal effect of application of 12
mile rule upon territorial integrity
of the Philippines.
2. The Philippine, a single nation
and a united State.
3. Archipelago
principle
fully
recognized by UN law of the Sea
Convention (UNCLOS)

FACT
S

TERRITORIAL DISPUTES Over

Scarborough Shoal: THE
ABSTRACT

Most of the disputes have involved

nations
claiming
islands
or
surrounding waters as part of their
sovereign
areas,
primarily
the
Spratlys and the Paracels. More
the
Scarborough
Shoal inan the
areaSouth
that barely consists
recently,
some areas
of
land
and
is as
mostly made up of uninhabited
China
Sea,
such
rocky outcrops, atolls, sandbanks, and reefs,
have been the centre of controversy.

FACT
S
Question: Why
this particular
miniature part of
the pacific ocean is
valuable to so
many different
states?
Reason: rich
resources that are
found there
including: oil,
natural gas,
minerals, and fish.

FACT
S
It has, therefore, become impossible to continue
bilateral discussions on disputes in the West Philippine
Sea with China on the basis of this rigid position.
This led us to finally resort to
negotiation under Annex VII
of the UNCLOS, a 1982
accord by 163 countries that
aims to govern the use of
offshore areas and sets
territorial limits of coastal
states.

The Philippines is keen on attacking

China in international settings while
unilaterally shutting the door for
negotiation and consultation. Foreign Ministry Spokesperson Hua
Chunying

The REACTIONS of Juan dela Cruz

Tanggapin ninyo na amin ang buong South China Sea bago
tayo mag-usap (acknowledge that the entire South China is
ours before we talk.). - Foreign Affairs spokesman
Raul Hernandez
Despite disagreements, Philippines and China should not
let the maritime disputes affect the broader picture of
friendship and cooperation between the two countries.
KBK, GMA News
A more formal "incidents at sea" agreement should be
considered. - Bonnie S. Glaser, Center for Strategic
and International Studies

Whats YOUR
reaction?

DIVERSIONS