NATIONAL TERRITORY

NATIONAL TERRITORY (Political Law and Public International Law)

I. Constitutional Basis

The national territory of the Philippines is primarily defined under the 1987 Constitution, specifically in Article I, which states:

"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."

This provision provides a comprehensive description of the national territory, recognizing the archipelagic nature of the Philippines and encompassing its various domains: land, sea, air, and underwater areas.

II. Key Elements of National Territory

  1. Philippine Archipelago

    • Refers to the islands and waters within the geographical configuration of the Philippines.
    • It recognizes the interconnection of the islands and the waters between them as forming part of the internal waters of the country.

  2. Territories with Sovereignty or Jurisdiction

    • Includes all other areas over which the Philippines exercises sovereignty or jurisdiction. This may extend to territories claimed based on historical or legal grounds, such as:
      • Kalayaan Island Group (KIG) in the Spratly Islands, which is claimed by the Philippines and is included in the province of Palawan.
      • Bajo de Masinloc (Scarborough Shoal), a traditional fishing ground also claimed by the Philippines.

  3. Terrestrial, Fluvial, and Aerial Domains

    • The terrestrial domain includes land territory, fluvial refers to the waters (rivers, lakes), and aerial covers the airspace above the land and waters.

  4. Territorial Sea

    • Refers to the belt of sea extending 12 nautical miles from the baseline of a coastal state over which it exercises full sovereignty.

  5. Seabed, Subsoil, Insular Shelves, and Other Submarine Areas

    • The seabed is the land under the sea, while the subsoil is the layer beneath the seabed.
    • Insular shelves refer to the extended periphery of an island submerged underwater, which holds resources that can be exploited.

  6. Internal Waters

    • The waters around, between, and connecting the islands of the archipelago, forming part of the country's internal waters, are considered part of its sovereignty, meaning that they are not subject to innocent passage unless consented to by the Philippines.

III. Principles Governing National Territory in International Law

  1. Archipelagic Doctrine

    • This doctrine is reflected in the 1982 United Nations Convention on the Law of the Sea (UNCLOS), to which the Philippines is a party.
    • An archipelagic state is a state constituted wholly by one or more archipelagos and may include other islands.
    • The key principle here is that the islands of the archipelago, together with the waters enclosed by baselines drawn between the outermost points of the islands, form an integrated whole.
    • Archipelagic waters are subject to the sovereignty of the state, but other states are allowed passage under the regime of archipelagic sea lanes passage.

  2. UNCLOS and Maritime Zones

    • Territorial Sea: 12 nautical miles from the baseline.
    • Contiguous Zone: Extends 24 nautical miles from the baseline, where the state can enforce customs, fiscal, immigration, and sanitary laws.
    • Exclusive Economic Zone (EEZ): Extends up to 200 nautical miles from the baseline, within which the state has sovereign rights to explore, exploit, conserve, and manage natural resources.
    • Continental Shelf: This includes the seabed and subsoil of the submarine areas extending beyond the territorial sea to the outer edge of the continental margin or 200 nautical miles, where the state has exclusive rights to exploit resources.

  3. International Disputes and the West Philippine Sea

    • The Philippines-China Dispute over the West Philippine Sea (WPS), particularly concerning the Kalayaan Island Group and Bajo de Masinloc, has been a central issue in defining and asserting the national territory.
    • In 2016, the Permanent Court of Arbitration ruled in favor of the Philippines, invalidating China's "Nine-Dash Line" claim over the South China Sea, including areas within the Philippines' EEZ.

IV. Historical Basis for Territorial Claims

  1. Treaty of Paris (1898)

    • The Philippines’ sovereignty over its territory was established through the Treaty of Paris, signed between Spain and the United States, which transferred control over the Philippines to the US. However, this treaty defined the Philippine territory by certain coordinates, which have since been considered inadequate for modern territorial claims.

  2. Other Treaties

    • The Treaty of Washington (1900) and the Treaty between Spain and the United States (1930) clarified the boundaries left ambiguous in the Treaty of Paris.
    • These treaties, while significant historically, do not fully account for contemporary claims, such as those over the Kalayaan Island Group, which was not part of the original territorial cessions.

  3. Presidential Decree No. 1596 (1978)

    • This decree formally declared the Kalayaan Island Group as part of Philippine territory, claiming sovereignty based on historical and legal rights.

  4. Republic Act No. 9522 (Archipelagic Baselines Law)

    • This law, enacted in 2009, aligns the Philippine baselines with the requirements of UNCLOS. It defines the archipelagic baselines and provides for two "regimes of islands," namely the Kalayaan Island Group and Bajo de Masinloc, while maintaining that these areas are subject to the sovereignty of the Philippines.

V. Principles in Public International Law Relating to National Territory

  1. Sovereignty and Jurisdiction

    • Sovereignty involves supreme authority over a territory, while jurisdiction refers to the legal power to govern and enforce laws within a particular domain.
    • The Philippines asserts both sovereignty and jurisdiction over its national territory, as provided by the Constitution and international law, including UNCLOS.

  2. Acquisition of Territory

    • In international law, territory may be acquired by various means, including:
      • Discovery and occupation (if the territory is terra nullius),
      • Prescription, where effective control over a territory for a long time without protest by other states leads to sovereignty.
      • Accretion, where new land is formed by natural processes and becomes part of a state’s territory.
      • Cession, as in the case of the Philippines under the Treaty of Paris.

  3. Effectivity Principle

    • A state’s claim to a territory must be based on its actual exercise of authority over that territory. Effective occupation and administration are essential to a valid claim in international law.

  4. Self-Determination

    • The right to self-determination allows peoples to freely determine their political status. In the context of national territory, this principle may become relevant if groups within a state seek independence or autonomy.

  5. Non-Recognition of Territorial Acquisition by Force

    • International law, as per the UN Charter, prohibits the acquisition of territory by force. This principle is crucial in disputes over the West Philippine Sea, where the Philippines has rejected any claim based on coercive actions.

VI. Key Legal Concepts in Philippine Territorial Law

  1. Baselines and Territorial Waters

    • Baselines are used to measure the extent of the territorial sea, EEZ, and continental shelf. The Philippines uses the archipelagic baselines system as outlined in Republic Act No. 9522 to assert its maritime zones.

  2. Regime of Islands

    • Islands like those in the Kalayaan Island Group are treated under a special regime according to UNCLOS. Even though they are part of the Philippines, their treatment in terms of maritime entitlements (e.g., EEZ or continental shelf) depends on their status under international law.

  3. Historic Rights

    • Historic claims, such as those over Bajo de Masinloc, are grounded on long-standing use, effective control, and recognition by other states, making them part of Philippine national territory even if they are contested.

VII. Challenges to Philippine Territorial Integrity

  1. Territorial Disputes with Neighboring Countries

    • The Philippines faces several territorial challenges, particularly in the West Philippine Sea, where overlapping claims with China, Vietnam, Malaysia, and others create complex legal and diplomatic issues.

  2. Internal Threats to Sovereignty

    • Movements advocating for autonomy or independence, such as in Mindanao with the Bangsamoro Autonomous Region, also raise issues related to national territory, though these are primarily political and domestic in nature.

In conclusion, the national territory of the Philippines, as defined by its Constitution and recognized under international law, includes a broad range of domains—land, waters, airspace, and maritime zones. Despite facing challenges, particularly with regard to the West Philippine Sea, the country asserts its territorial rights through historical claims, international treaties, and domestic laws, aligning them with principles under UNCLOS and other instruments of public international law.

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