Philippine Law on National Territory: Scope (Terrestrial, Aerial, and Fluvial Domains)
Constitutional Basis
The concept of the "national territory" of the Philippines is primarily found in the 1987 Philippine Constitution, which defines the scope of the country's territorial jurisdiction. The relevant provision is found in Article I, titled "National Territory."
Here is the text of Article I of the 1987 Constitution:
"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 outlines the comprehensive scope of the Philippine national territory, covering terrestrial, fluvial, and aerial domains, as well as other specific zones of sovereignty.
1. Terrestrial Domain
The terrestrial domain refers to the landmass of the national territory, which includes the Philippine archipelago. The Philippines is an archipelagic state, meaning it is composed of multiple islands (about 7,641 islands).
Philippine Archipelago: This term refers to the collective landmasses within the nation's recognized territorial boundaries. The islands and their surrounding waters are included under the concept of the "archipelago."
Sovereignty over Land Areas: The Philippines asserts sovereignty over all land territories, including any territories claimed based on historic treaties, such as the Treaty of Paris (1898), the Treaty of Washington (1900), and the Convention between the United States and Great Britain (1930).
2. Fluvial Domain
The fluvial domain encompasses the bodies of water within and surrounding the archipelago, such as rivers, lakes, and coastal waters. Additionally, it includes:
Internal Waters: These are waters around, between, and connecting the islands of the archipelago. The Constitution makes it clear that internal waters are part of the national territory, regardless of their breadth or dimension.
Territorial Sea: Under international law, including the United Nations Convention on the Law of the Sea (UNCLOS), a state has sovereignty over a belt of sea adjacent to its coast, referred to as the territorial sea. The Philippines claims a territorial sea of 12 nautical miles from the baseline.
Exclusive Economic Zone (EEZ): Beyond the territorial sea, the Philippines exercises certain rights over the Exclusive Economic Zone, which extends up to 200 nautical miles from the baseline. In the EEZ, the Philippines has rights to explore and exploit marine resources.
Continental Shelf and Insular Shelves: The seabed and subsoil that extend beyond the coastlines also fall within Philippine jurisdiction, specifically in areas extending to the limits of the continental shelf. The Philippines claims exclusive rights to explore and exploit the natural resources within this zone, including oil and mineral resources.
Submarine Areas: These are areas under the sea, including the seabed, the subsoil, and other submerged features. The Philippines asserts rights to natural resources in these areas.
3. Aerial Domain
The aerial domain refers to the airspace above the terrestrial and fluvial domains of the Philippines. The country's sovereignty extends vertically upwards from the land and waters.
Airspace Jurisdiction: The airspace over the Philippines is part of its territory, and the country exercises full sovereignty over it. This includes regulating air travel, granting overflight rights, and enforcing national and international aviation laws.
Air Defense Identification Zone (ADIZ): This is a designated area in which a country requires identification, location, and control of aircraft in the interest of national security. While ADIZ is not a requirement under international law, many countries, including the Philippines, maintain ADIZ for security purposes.
International Law Considerations
The Philippines' territorial claims are subject to international treaties and conventions, especially UNCLOS, which governs maritime jurisdiction. Under UNCLOS:
- The Philippines can claim a 12-nautical-mile territorial sea from its baseline.
- It has sovereign rights over the continental shelf and EEZ extending up to 200 nautical miles.
- Archipelagic Doctrine: The Philippines is one of the few countries classified as an "archipelagic state" under UNCLOS, meaning it can draw straight baselines connecting the outermost points of its outermost islands, effectively treating the waters within those baselines as internal waters.
International Disputes: The Philippines has ongoing territorial disputes, most notably in the South China Sea (referred to as the West Philippine Sea by the Philippines). The Philippines asserts sovereignty over parts of the Spratly Islands and the Scarborough Shoal. In 2016, the Permanent Court of Arbitration ruled in favor of the Philippines against China's excessive maritime claims in the region under UNCLOS, reaffirming the Philippines' territorial and maritime rights.
Relevant Legislation and Treaties
Philippine Baselines Law (RA 9522): This law adjusts the baselines used to measure the extent of the territorial sea and other maritime zones of the Philippines, to conform with UNCLOS requirements.
Treaty of Paris (1898): This treaty between Spain and the United States ceded the Philippines to the US. It is a historic document often referred to in defining the territorial limits of the Philippines.
Mutual Defense Treaty with the United States (1951): This treaty establishes defense cooperation between the Philippines and the United States. It has implications for the defense of Philippine territory, including air and sea domains.
Conclusion
The national territory of the Philippines, as defined in the Constitution and supported by various international laws and treaties, includes the terrestrial (landmass), fluvial (water bodies), and aerial domains, along with other specific maritime zones such as the territorial sea, EEZ, and continental shelf. The country exercises sovereignty over these areas and engages with international legal frameworks, particularly UNCLOS, to assert its territorial and maritime claims. While the Constitution provides the fundamental definition, actual control over some regions, such as the South China Sea, remains subject to international disputes and diplomatic negotiations.