Philippine Law on Sovereignty under Political Law and Public International Law

Sovereignty is a fundamental principle in both Political Law and Public International Law. Understanding sovereignty in the Philippine context requires an examination of its definition, its classifications, and its implications under both domestic and international law.

I. Definition of Sovereignty

Sovereignty refers to the supreme power or authority that a state possesses within its territorial jurisdiction. It is the state's inherent right to govern itself without external interference. This principle is central to the existence and functioning of any independent nation-state, including the Philippines.

The concept of sovereignty has both internal and external aspects:

Internal Sovereignty: This refers to the state's authority over its own territory and the population within it. The state has the power to enact and enforce laws, establish a government, regulate economic activities, and ensure the welfare of its citizens. Internal sovereignty signifies the state's autonomy in dealing with its internal affairs.
External Sovereignty: This concerns the state's freedom from external control or influence. It implies the state's capacity to engage in relations with other states, enter into treaties, and participate in international organizations while maintaining its independence and equality under international law.

II. Sovereignty in the Philippine Legal Context

1. Constitutional Provisions on Sovereignty

The 1987 Philippine Constitution expressly affirms the sovereignty of the Republic of the Philippines. It recognizes the sovereign rights of the Filipino people in the following provisions:

Article II, Section 1: "The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them."

This provision underscores the principle of popular sovereignty—that the ultimate power rests with the people, and the government derives its authority from the consent of the governed. The Philippine government functions as a democratic republic, where the people elect representatives to exercise their sovereignty.
Article I: Defines the national territory of the Philippines, over which the country exercises sovereignty. This includes the archipelago and all other areas over which the Philippines has jurisdiction, including its territorial sea, airspace, and maritime zones such as the exclusive economic zone (EEZ).

2. National Territory and Sovereign Jurisdiction

The national territory is a manifestation of sovereignty. The Philippines asserts sovereignty and jurisdiction over its defined territory, including its land, maritime domains, and airspace.

Archipelagic Doctrine: Under this principle, the Philippines is an archipelago and its territorial boundaries are defined by the straight baselines connecting its outermost islands. This principle allows the Philippines to treat the waters within the archipelago as internal waters, subject to full sovereignty.
Exclusive Economic Zone (EEZ): The Philippines has the sovereign right to explore, exploit, conserve, and manage the natural resources within its 200-nautical-mile EEZ, as recognized by international law, specifically the United Nations Convention on the Law of the Sea (UNCLOS).

3. Sovereign Immunity

The doctrine of sovereign immunity or state immunity is a legal principle under which the state cannot be sued without its consent. This principle is enshrined in the Philippine legal system and follows the classical theory that the state is above any legal challenge by its citizens unless it explicitly waives this immunity. Exceptions to this principle are when the state consents to be sued or when it enters into commercial transactions (the doctrine of jure gestionis).

Article XVI, Section 3 of the 1987 Constitution affirms that the Philippines enjoys sovereign immunity, but it also allows for the waiver of immunity when the state expressly consents, whether in a contract or through legislation.

4. Sovereignty and National Defense

Sovereignty is closely linked with national defense, as the protection of a state's sovereignty from external threats is one of the primary duties of the government. The Philippine Constitution mandates the state to defend its sovereignty and territorial integrity.

Article II, Section 3: "The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory."

III. Sovereignty in Public International Law

In the realm of Public International Law, sovereignty remains a foundational concept governing relations between states. The principle of sovereignty is recognized and respected by international law, as each state is considered equal and independent. However, the sovereignty of the Philippines is subject to certain limitations under international law.

1. Principles of Non-Intervention

The principle of sovereignty in international law includes the doctrine of non-intervention, which prohibits states from interfering in the internal affairs of another sovereign state. This principle is rooted in the United Nations Charter, which emphasizes the sovereign equality of all its member states.

Article 2(1) of the UN Charter: "The Organization is based on the principle of the sovereign equality of all its Members."

2. Sovereignty and International Agreements

The Philippines, like other states, voluntarily enters into international agreements and treaties. By doing so, it does not lose its sovereignty but, rather, agrees to exercise its sovereignty in accordance with certain international norms and obligations. For instance:

UNCLOS: The Philippines is a signatory to the United Nations Convention on the Law of the Sea (UNCLOS), which governs maritime rights, including its EEZ and continental shelf.
Mutual Defense Treaty (MDT) with the United States: The Philippines has entered into a security agreement with the United States under the MDT, where both countries pledge to support each other in case of an armed attack. This treaty does not diminish Philippine sovereignty, but instead strengthens its defense capabilities through alliances.

3. The Limits of Sovereignty: Human Rights and Global Governance

In the modern era, the concept of absolute sovereignty has evolved, especially in matters of human rights and global governance. International human rights law places limitations on how a state can exercise its sovereignty, particularly in matters involving the protection of fundamental rights. International bodies like the United Nations and regional organizations such as the Association of Southeast Asian Nations (ASEAN) play a role in enforcing these global standards.

4. Sovereignty and Dispute Resolution

The Philippines has used international legal mechanisms to protect its sovereignty, particularly in territorial disputes. A significant example is the Philippines vs. China case in the Permanent Court of Arbitration, where the Philippines challenged China's claims in the South China Sea under UNCLOS. The tribunal's 2016 ruling favored the Philippines, reaffirming its sovereign rights within its EEZ, although China has refused to recognize the ruling.

IV. Conclusion

Sovereignty is an essential and dynamic concept under Philippine Political Law and Public International Law. It encompasses both the internal authority of the state and its independence in international relations. While the state enjoys supreme power over its territory, its sovereignty is subject to legal norms and obligations that arise from international agreements and the evolving nature of global governance. Sovereignty remains central to national identity, defense, and governance, while balancing the need to participate in the international community and uphold the rule of law.