PHILIPPINES 1987 CONSTITUTION

ARTICLE 1
NATIONAL TERRITORY
SECTION 1. 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.
WHAT DOES THE NATIONAL TERRITORY COMPRISE OF?
1. PHILIPPINE ARCHIPELAGO
2. ALL OTHER TERRITORIES OVER WHICH THE PHILIPPINES HAS
SOVEREIGNITY OR JURISDICTION
WHAT IS AN ARCHIPELAGO?
• BODY OF WATER STUDDED WITH ISLANDS
• GROUP OF ISLANDS SURROUNDED BY WATER
• LAW (ISLAND STUDDED OF SEA)
HOW DO “OTHER TERRITORIES” BECOME PART OF OUR
NATIONAL TERRITORY?
• ALL OTHER TERRITORIES OVER WHICH THE PHILIPPINES HAS
SOVEREIGNITY OR JURISDICTION.
COMPONENTS OF
THE NATIONAL
TERRITORY
NECESSITY OF CONSTITUTIONAL PROVISION ON NATIONAL
TERRITORY
• The Constitution begins with a delimitation of our national territory.
• There is no rule in international law which requires a State to define its territorial
boundaries in its Constitution. Nevertheless, it is important to define as precisely as
Possible our national territory in our Constitution 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. As a sovereign State, the Philippines Can promulgate and enforce laws
within our country. Every other power is excluded from exercising dominion Or
jurisdiction without the consent of the Philippines.
THE NATIONAL TERRITORY
As provided in Article I, the national territory of the Philippines comprises the following:
(1) The Philippine archipelago, with all the islands and waters embraced therein;

(2) All other territories over which the Philippines has sovereignty or jurisdiction consisting of its terrestrial, fluvial, and
aerial domains, including the following:
(a) its territorial sea or part of the sea extending 12 nautical miles (19 kms.) from its coastline;
(b) its sea bed or the sea floor or sea bottom under the territorial sea;
(c) the subsoil or everything beneath the surface soil;
(d) insular shelves or the submerged portions of offshore islands under the territorial sea; and
(e) other submarine areas or all areas under the territorial sea; and

(3) The internal or inland waters or parts of the sea within the land territory considered in the same way as rivers and
lakes within our land territory.

Numbers (2) and (3) form part of our territorial waters. Beyond our territorial sea are international waters (high or
open seas).
JURISDICTION OVER NAVIGABLE WATERS
The inland or internal waters (also called national waters) and the territorial sea together
comprise what is generally known as the territorial waters of a state. Over these waters, a
state exercises sovereignty to the 'same extent as its land territory but foreign vessels have
the right of innocent passage through the territorial sea. On the other hand, the high or open
seas are international waters which means that they are not subject to the sovereignty of any
state but every state has equal right of use in them.
MEANING OF ARCHIPELAGO
The term archipelago is derived from the Greek word pelagos which means "sea." It may be
defined as a sea or a wide expanse of water with several small islands. The term, therefore,
includes both sea and islands taken together as a whole.

ARCHIPELAGIC CONCEPT OF PRINCIPLE OF TERRITORIALITY

The use of the word "archipelago" in Article I aims to stress that the Philippines is an
archipelago (composed of many islands) and being such, is adopting the archipelagic
concept of territoriality.

By this concept is meant that an archipelago shall be regarded as a single unit so that all
waters around, between, and connecting the islands of the archipelago form part of its
internal waters and are, therefore, included in our national territory.
 OTHER AREAS
INCLUDED IN THE
PHILIPPINE
ARCHIPELAGO
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. - It is that part of the sea extending 12 nautical miles (19 kms.) from the
low-watermark. It is also-called the "marginal sea," the "marginal belt," or the "marine belt";
(2) The seabed (or sea floor or sea bottom). This refers to the land that holds the sea, lying
beyond the seashore, including mineral and natural resources;
(3) The subsoil. - This refers to everything beneath the surface soil and the seabed, including
mineral and natural resources;
OTHER AREAS INCLUDED IN THE PHILIPPINE ARCHIPELAGO
(4) Insular shelves (or continental shelves). They are the submerged portions of a continent or
offshore island, which slope gently seaward from the low waterline to a point where a substantial
break in grade occurs, at which point the bottom slopes seaward at a considerable increase in
slope until the great ocean depths are reached; and
(5) Other submarine areas. - They refer to all areas under the territorial sea. Among
oceanographic terms used are seamount, trough, trench, basin, deep, bank, shoal, and reef. As
part of the national territory, the seabed, the insular shelves, and other submarine areas are
necessarily coextensive with the territorial sea. The Philippines has a right or title to them to the
extent recognized by international law.
WHAT ARE INSULAR SHELVES?
• SHELVES/ ZONE SURROUNDING AN ISLAND EXTENDING FROM
THE LINE OF PERMANENT IMMERSION TO ABOUT 100 PATHEONS/
600 FT BELOW THE SEA LEVEL
INTERNAL WATERS OF THE PHILIPPINES

SINCE PHILIPPINE IS AN ARCHIPELAGO, AND HAS VAST

WATERS SURROUNDING IT
IT DID NOT FOLLOW THE TRADITIONAL BASIS OF
DETERMINING THE COUNTRY’S BOUNDERIES.
BECAUSE OF THAT THE PHILIPPINES, INDONESIA, AND
OTHER ARCHIPELAGIC CONTRIES INTRODUCED THE IDEA OF
THE ARCHIPELAGIC DOCTRINE.
WHAT IS THE DOCTRINE OF REGIME OF ISLANDS?
• ARTICLE 121
• ISLAND IS A NATURALLY FORMED, ARE OF LAND SURROUNDED BY
WATER WHICH IS ABOVE WATER AT HIGH TIDE AND THIS ISLAND
EMITS ITS OWN TERRITORIAL SEA CONTIGOUOS ZONE, EXCLUSIVE
ECONOMIC ZONE, AND CONSTITUTIONAL SHELVES, HOWEVER A
LAND MASS WHICH CANNOT SUSTAIN HUMAN HABITATION OR
ECONOMIC LIFE OF ITS OWN HAS NO ECONOMIC ZONE OR
CONTINENTAL SHELVES
WHAT IS THE DOCTRINE OF REGIME OF ISLANDS?
• EVEN IF AN ISLAND THAT WE OWN IS NOT PART OF THE
ARCHIEPELAGO AS LONG AS IT IS CAPABLE OF SUSTAINING HUMAN
HABITATION OR ECONOMIC LIFE OF ITS OWN, IT HAS A
TERRITORIAL SEA, A CONTIGOUOS ZONE, AN EXCLUSIVE
ECONOMIZ ZONE, CONSTINENTAL SHELVES.
WHAT IS AN ARCHIPELAGIC DOCTRINE?
• APPLICABLE FOR ISLAND COUNTRY (LIKE PHILIPPINES)
• ALL ISLAND OF THE ARCHIEPELAGO IS CONSIDER AS ONE (1)
UNIT/SINGLE/ WATERS IN BETWEEN CONNECTING REGARDLESS
OF DEPTH/HEIGHT
IS ARTICLE 1 CONSISTENT WITH THE REGIME OF ISLAND
DOCTRINE?
• ISLAND NATURALLY FORM WHICH STAYS ABOVE WATER EVEN AT
HIGHTIDE, EMITS ITS OWN TERRITORIAL SEA, CONTIGIOUS ZONE,
EEZ, CONTINENTAL SHELVES (ALL OTHER TERRITORIES)
• PEOPLE SUSTAINING ECONOMIC LIFE
WHAT ARE BASELINES
• IMAGINARY LINES
• MEASURES TERRITORIAL SEA (12 NAUTICAL MILES), CONTIGOUOS
ZONE (24 NAUTICAL MILES FROM BASELINE), EXCLUSIVE ECONOMIC
ZONE (200 NAUTICAL MILES).
WHAT ARE THE TWO (2) TYPES OF BASELINES
• NORMAL BASELINE METHODS : FOLLO CURVES OF ITS LANDMASS
(EXAMPLE: AUSTRALIA)
• STRAIGHT BASELINE METHOD (ARCHIPELAGO): CONNECT THE
OUTERMOST POINTS OF THE POUTERMOST ISLANDS
WHAT IS THE PURPOSE OF BASELINES?
• TO DETERMINE TERRITORIAL SEA, CONTIGIOUS ZONE,
EXCLUSIVE ECONOMIC ZONE
IS THE STRAIGHT BASELINE METHOD CONSISTENT WITH THE
ARCHIPELAGIC DOCTRINE?
• YES
• ISLAND + WATER = 1 UNIT
DOES THE STRAIGHT BASELINE METHOD MAKE US ABANDON
OUR CLAIMS TO OTHER ISLANDS, SUCH AS THE KALAYAAN
GROUP OF ISLANDS (KGI)?
• MAGALLENO VS. ERMITA
• BASELINES/ ARE NOT A MODE FOR DETERMINING OUR NATIONAL
TERRITORY
• ARTICLE 1/ REGARDLESS OUTSIDE THE BS, AS LONG AS WE
PRACTICE OUR SOVERIEGNITY/ JURISDICTION IT’S STILL PART OF
OUR NATIONAL TERRITORY
WHY DO THE PHILIPPINES BASELINE NOT COVER OTHER
ISLANDS WE CLAIM?
• UNCLOS (UNITED NATIONAL CONVENTION ON LAW OF THE SEAS)
• SHALL NOT EXCEED 100 NAUTICAL MILES
• BASELINES AFTER CONNECTING SHALL NOT DEPART FROM
NATURAL CONFIGURATION OF THE ARCHIPEPELAGO
• WERE FOLLOWING UNCLOS
DO WE HAVE THE RIGHT
TO STOP CHINA FROM
BUILDING MAN MADE
ISLAND AND FROM
FISHING IN OUR AREA?
YES!
WHAT IS INNOCENT PASSAGE?
• ALLOWS VESSELS OF A FOREIGN COUNTRY TO GO THRU
TERRITORIAL SEA OF ANOTHER STATE (ARTICLE 19, UNCLOS)
• PROHIBIT DRUGS, ILLEGAL , CONTRABAND
*CAN THERE BE INNOCENT PASSAGE IN OUR INTERNAL WATERS?
• NO, THERE CAN BE NO INNOCENT PASSAGE VIA OUR INTERNAL
WATERS UNLESS THERE IS AN EXPLICIT PERMISSION GIVEN BY
THE COASTAL STATE (UNCLOS)
*WHAT IF THERE’S A TREATY
• STIPULATION VS. CONSTITUTION
• NO, VIOLATION OF THE CONSTITUTION
DOES THE CONSTITUTION ALLOW INNOCENT PASSAGE?
• YES, IF THRU TERRITORIAL SEA
• NO, IF THRU INTERNAL WATER, UNLESS EXPLICIT PERMISSION
DOES THE UNCLOS ALLOW INNOCENT PASSAGE?
• YES, BUT SUBJECT TO CERTAIN RESTRICTIONS.
QUIZ
1. WHAT DOES THE NATIONAL TERRITORY COMPRISE OF?
2. WHAT IS AN ARCHIPELAGO?
3. HOW DO OTHER TERRITORIES BECOME PART OF THE NATIONLAL
TERRITORY?
4. WHAT ARE INSULAR SHELVES?
5. WHAT IS THE DOCTRINE OF REGIME OF ISLANDS?
6. WHAT IS AN ARCHEPALAGIC DOCTRINE?
7. IS ARTICLE 1 CONSISTENT WITH THE REGIME OF ISLAND
DOCTRINE?
8. WHAT ARE BASELINES?
QUIZ
9. WHAT ARE THE TWO (2) TYPES OF BASELINE?
10. WHAT IS THE PURPOSE OF BASELINES?
11. IS THE STRAIGHT BASELINE METHOD CONSISTENT WITH THE
ARCHIPELAGIC DOCTRINE?
12. DOES THE STRAIGHT BASELINE METHOD MAKE US ABANDON OUR
CLAIMS TO OTHER ISLANDS, SUCH AS THE KALAYAAN GROUP OF
ISLANDS (KGI)?
13. WHY DOES THE PHILIPPINES BASELINE NOT COVER OTHER
ISLAND WE CLAIM?
QUIZ
14. WHAT IS INNOCENT PASSAGE?
15. DOES THE CONSTITUTION ALLOW
INNOCENT PASSAGE?
16. DOES THE UNCLOS ALLO