National Territory

of the Philippines
4 Elements of a State
• Territory

• People

• Sovereignty

• Government
 ARTICLE I: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.
 Necessity of constitutional
provision on National Territory
Binding force under international law
There is no rule in international law which
requires a state to define its territorial
boundaries in its Constitution.

State has unquestioned right to assert

jurisdiction throughout the extent of its territories

In any case, territorial disputes have to be

settled according to the rules of international
law.
Value of provision defining our national
territory

For the purpose of making known

to the world the areas over which
we assert title or ownership to avoid
future conflicts with other nations
Our National Territory
comprises:
• The Philippine archipelago with all the
islands and waters embraced therein;
• All other territories over which the
Philippines has sovereignty or jurisdiction;
• The terrestrial, fluvial and aerial domains
including the territorial sea, the seabed,
the subsoil, the insular shelves, and other
submarine areas thereof;
• The internal waters.
 Three-fold division of
navigable waters
1. Internal waters- Parts of the sea within
the land territory. Considered in the same
light as rivers, canals, and lakes within the
land territory.

• Sometimes called as “national waters”

2. Territorial Sea- outer limits of the
inland waters;

3. High or open seas- waters

that lie seaward of the territorial sea
 Jurisdiction over navigable
waters
• Internal waters and territorial sea-
comprise what is known as the territorial
waters of the state.----- state exercises
sovereignty but foreign vessels have the
right to innocent passage.

• Open seas- International waters

which means they are not subject
to the sovereignty of any state.
UNCLOS
• Also called as Law of the Sea Convention

• It defines the rights and responsibilities of nations

with respect to their use of the world’s oceans,
establishing guidelines for businesses, the
environment, and the management of marine
resources.

• As of June 2016, 167 countries and the

European Union have joined the Convention.