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.

Maritime Zones

In Philippine law, the national territory and its associated maritime zones are governed by both domestic legislation and international law, primarily influenced by the United Nations Convention on the Law of the Sea (UNCLOS). The Constitution, domestic statutes, and international agreements define the Philippines' national territory and its maritime zones. Let’s break this down, focusing specifically on the maritime zones aspect.

Constitutional Provision

Article I of the 1987 Philippine Constitution defines the national territory, including its waters, maritime zones, and seabed. It 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 gives the Philippines legal grounding to claim sovereignty and jurisdiction over its maritime zones.

Domestic Laws on Maritime Zones

1. Republic Act No. 9522 (An Act to Amend Certain Provisions of Republic Act No. 3046, As Amended by Republic Act No. 5446, to Define the Archipelagic Baselines of the Philippines, and for Other Purposes)

   RA 9522, passed in 2009, is the Philippines' legislation to align its maritime claims with the provisions of the United Nations Convention on the Law of the Sea (UNCLOS). It defines the archipelagic baselines of the Philippines, which are used to determine its maritime zones, such as the territorial sea, exclusive economic zone (EEZ), and continental shelf.

   • Archipelagic Baselines: These are imaginary lines connecting the outermost points of the outermost islands of the archipelago. These lines form the basis for the measurement of maritime zones.
   • Straight Baselines: Used for the purpose of delineating maritime zones around an archipelago or a complex coastline.

2. Presidential Decree No. 1599 (Establishing an Exclusive Economic Zone of the Philippines)

   This decree, issued in 1978, established the Philippines’ Exclusive Economic Zone (EEZ), consistent with the provisions of UNCLOS. It claims the Philippines’ sovereign rights to explore, exploit, conserve, and manage natural resources within 200 nautical miles from its baselines.

Maritime Zones under Philippine Law

1. Territorial Sea

   • Defined under the 1987 Constitution and RA 9522.
   • The territorial sea extends 12 nautical miles from the baselines.
   • Within this zone, the Philippines exercises full sovereignty, including over airspace, seabed, and subsoil.
   • However, innocent passage is permitted under international law for foreign vessels.

2. Contiguous Zone

   • Extends 24 nautical miles from the baselines.
   • In this zone, the Philippines may exercise control necessary to:
     • Prevent infringement of its customs, fiscal, immigration, or sanitary laws.
     • Punish any violations of those laws.

3. Exclusive Economic Zone (EEZ)

   • Extends 200 nautical miles from the baselines.
   • Within the EEZ, the Philippines has sovereign rights to explore and exploit, conserve and manage natural resources (whether living or non-living) of the waters and the seabed.
   • It also has jurisdiction over artificial islands, marine scientific research, and protection of the marine environment.

4. Continental Shelf

   • The continental shelf extends up to 200 nautical miles from the baselines, or beyond, based on the natural prolongation of the land territory under the sea.
   • The Philippines has sovereign rights over the continental shelf for the purpose of exploring and exploiting its natural resources, particularly oil, gas, and minerals.

5. Archipelagic Waters/Internal Waters

   • Archipelagic waters refer to waters enclosed by the archipelagic baselines. They are considered part of the internal waters of the Philippines.
   • According to UNCLOS Part IV (Archipelagic States), the waters around and between the islands of an archipelago are considered part of the internal waters of the archipelagic state. Therefore, the Philippines exercises sovereignty within these waters, though it must allow for innocent passage and archipelagic sea lanes passage as part of its international obligations.

International Law: UNCLOS (United Nations Convention on the Law of the Sea)

The Philippines is a signatory to UNCLOS, which provides an international legal framework for maritime zones. The UNCLOS defines the rights and obligations of states over various maritime zones:

1. Internal Waters: Full sovereignty (e.g., Manila Bay).
2. Territorial Sea: 12 nautical miles from the baselines.
3. Contiguous Zone: 24 nautical miles from the baselines.
4. Exclusive Economic Zone (EEZ): 200 nautical miles.
5. Continental Shelf: Up to 200 nautical miles or beyond, based on natural prolongation.

UNCLOS also provides mechanisms for the resolution of disputes, which is critical for the Philippines in its territorial disputes in the West Philippine Sea (also known as the South China Sea).

Territorial Disputes and Claims

1. West Philippine Sea:

   • The Philippines faces overlapping territorial and maritime claims in the West Philippine Sea (part of the South China Sea), particularly involving China, Vietnam, and other Southeast Asian nations.
   • The Permanent Court of Arbitration (PCA) ruled in favor of the Philippines in a 2016 decision, invalidating China’s historical claims based on the nine-dash line under UNCLOS. However, China does not recognize the ruling.

2. Bajo de Masinloc (Scarborough Shoal) and the Kalayaan Island Group:

   • These areas are significant not only because of their strategic location but also for their rich marine resources. These are subject to disputes with other neighboring states, particularly China.

Recent Developments in Maritime Zones Law

The Philippines has been active in asserting its rights over its maritime zones, particularly in the context of its disputes in the West Philippine Sea. The government has passed several resolutions and continues diplomatic and legal efforts to protect its sovereign rights, especially in the EEZ and continental shelf.

Conclusion

In summary, Philippine maritime zones are governed by a combination of constitutional law, domestic legislation (such as RA 9522), and international law (mainly UNCLOS). The Philippines asserts its sovereignty over its territorial sea, archipelagic waters, and contiguous zone, while enjoying sovereign rights over its EEZ and continental shelf. However, challenges persist, particularly with regard to disputes in the West Philippine Sea, where international law and diplomatic efforts continue to play significant roles.

Archipelagic Doctrine

Archipelagic Doctrine under Philippine Law

1. Definition of the Archipelagic Doctrine

The Archipelagic Doctrine refers to the concept that the Philippines, as an archipelago, should be considered as a single unit for the purposes of defining its territorial boundaries. This doctrine plays a crucial role in determining the national territory of the Philippines, especially as it relates to its configuration as a collection of islands.

In an archipelagic state like the Philippines, waters enclosed by baselines drawn around the outermost points of the outermost islands are considered part of the internal waters of the state. The doctrine treats the entire archipelago, including the sea separating the islands, as a unified territory, which means that internal waters (e.g., bays and rivers) and archipelagic waters (those between the islands) are under the sovereignty of the state.

2. Basis in the Philippine Constitution

The Archipelagic Doctrine is enshrined in the 1987 Philippine Constitution, under Article I (National Territory), 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 constitutional provision reinforces the Archipelagic Doctrine by asserting that the waters around and between the islands of the Philippine archipelago are part of the internal waters of the state.

3. Legal Framework in International Law

The Archipelagic Doctrine also finds support in international law, specifically under the United Nations Convention on the Law of the Sea (UNCLOS). The Philippines is a signatory to UNCLOS, which provides the international legal framework for the concept of archipelagic states.

According to UNCLOS:

• An archipelagic state is defined as a state constituted wholly by one or more archipelagos and may include other islands.
• An archipelagic state may draw straight baselines connecting the outermost points of its outermost islands, from which the breadth of its territorial sea, exclusive economic zone (EEZ), and continental shelf are measured.
• The waters within these baselines are classified as archipelagic waters over which the archipelagic state exercises sovereignty. However, archipelagic states must respect the right of innocent passage of foreign ships through archipelagic waters.

The Archipelagic Doctrine under UNCLOS permits the Philippines to claim sovereignty over its archipelagic waters and ensures the protection of its maritime zones, while also recognizing international obligations like allowing innocent passage.

4. Historical Development of the Archipelagic Doctrine in the Philippines

Historically, the Archipelagic Doctrine has evolved alongside Philippine territorial laws and the assertion of sovereignty over maritime areas:

• Treaty of Paris (1898): At the time of the Treaty of Paris, the Philippines' territory was limited to the land areas and a 3-nautical-mile belt of sea around the islands. This concept was soon challenged and expanded as the country developed.
• Philippine Constitution (1935, 1973, 1987): Over time, the Philippines revised its definition of national territory in its successive Constitutions. The 1973 Constitution first explicitly incorporated the Archipelagic Doctrine, which was retained in the 1987 Constitution.
• Presidential Decree No. 1599 (1978): This decree established the Philippines’ claim to a 200-nautical-mile exclusive economic zone (EEZ), further expanding the country’s jurisdiction over its maritime areas.
• Republic Act No. 9522 (2009): The "Philippine Archipelagic Baselines Law" defines the archipelagic baselines of the Philippines and harmonizes national law with UNCLOS. It further clarifies the country’s territorial limits and claims, reaffirming the Archipelagic Doctrine under international law.

5. Importance of the Archipelagic Doctrine

The Archipelagic Doctrine is important for the Philippines for several reasons:

• Territorial Integrity: It ensures that the country is considered as a single geographic unit, which strengthens its territorial integrity.
• Sovereignty: The doctrine enables the Philippines to assert its sovereignty over both land and water areas, including internal waters and archipelagic waters.
• Resource Management: It allows the Philippines to control the exploitation and management of marine resources, including fishery stocks, minerals, and other natural resources within its territorial waters and EEZ.
• Maritime Security: By claiming sovereignty over the waters between its islands, the Philippines can ensure the protection of its maritime boundaries from external threats and illegal activities, such as poaching or piracy.
• International Relations: Adherence to the Archipelagic Doctrine and compliance with UNCLOS help strengthen the Philippines' legal position in international disputes, such as its territorial claims in the South China Sea.

6. Challenges and Controversies

While the Archipelagic Doctrine benefits the Philippines, it also presents challenges, especially in relation to territorial disputes in the South China Sea. The Philippines faces competing claims with other states like China, Vietnam, and Malaysia over areas within its EEZ and extended continental shelf. The Archipelagic Doctrine bolsters the Philippines’ legal claims, but disputes require diplomatic and legal resolution, such as through arbitration (e.g., the 2016 Hague ruling on the South China Sea).

Conclusion

The Archipelagic Doctrine is a foundational principle in Philippine law that defines the country's national territory by treating the archipelago and its surrounding waters as a unified whole. Enshrined in the 1987 Constitution and supported by UNCLOS, it provides the legal basis for the Philippines' territorial claims, particularly over its internal and archipelagic waters, while also framing the country’s rights and obligations under international law.

Scope (Terrestrial, Aerial, and Fluvial Domains)

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.

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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).

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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.

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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.

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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.

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Relevant Legislation and Treaties

1. 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.

2. 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.

3. 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.

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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.