Philippine constitution with discussions of the national territory
Michael S. Martinez : AB BSE Social Studies
• The Preamble- it comes from the word preambulare ( Latin) which means ‘’to walk before’’ • The Preamble serves two functions: ( Bernas S.J., 1997): 1.It sets down the origin, scope, and purpose of the constitution. Its origin or authorship is the ‘’ will of the sovereign Filipino people’’. Its scope and purpose is to ‘’ build a just and humane society and to establish a government that shall embody our ideals and aspirations’’ among others 2. It aids in ascertaining the meaning of ambiguous provisions. It serves as a source of light ( Bernas S.J., 1997) to the provisions, which are worded in general terms. Territory Defined How does the 1987 Constitution define the territory of the Philippines? Art. 1 Sec. 1 provides what comprises our national territory. A.THE ARCHIPELAGO WITH ALL THE ISLANDS AND WATERS EMBRACED THEREIN Archipelago- Greek word pelagos which means ‘’sea’’ Archipelago- is that part of the sea scattered with islands ARCHIPELAGIC DOCTRINE- posited the 200 nautical miles exclusive economic zone (EEZ) which provides that a state has a jurisdiction on territories 200 miles from the baseline. Art. 1 Sec. 1 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 terrestial, fluvial and aerial domains including its territorial sea, the seabed the subsoil and 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 claim of the Philippines over the SPRATLYS AND SABAH