Philippine Constitution Article 1

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Philippine Constitution Article 1

  1. 1. Section 1, Article 1of the 1987 Constitution
  2. 2. The national territory comprises thePhilippine archipelago, with all the islands andwaters embraced therein, and all other territoriesover which the Philippines has sovereignty orjurisdiction, consisting of its terrestrial, fluvial andaerial domains, including its territorial sea, theseabed, the subsoil, the insular shelves, and othersubmarine areas. The waters around, between, andconnecting the islands of the archipelago, regardlessof their breadth and dimensions, form part ofinternal waters of the Philippines.
  3. 3. Necessity of constitutional provision on National Territory
  4. 4. 1. Binding force of such provision under international law. A state has the power to try, hear and decide cases throughout the extent of its territory. If there is a territorial dispute it should be settled according to the international law.2. Value of provision defining our national territory. It is important to know so that we and the other nations would know the boundaries of our country.
  5. 5. 3. Acquisition of other territories. Even though the bounds of our national territory is already written in the law, this does not prevent the Philippines from acquiring new territories by means of purchase, exchange, and such.
  6. 6. National Territory of the Philippines comprises of: 1. The Philippine archipelago with all the islands and waters embraced therein; 2. All other territories over which the Philippines has sovereignty or jurisdiction. 3. The terrestrial, fluvial and aerial domains including the territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas thereof; and 4. The internal waters.
  7. 7. Archipelago Derived from the Greek word pelagos meaning “sea.” A sea or part of a sea containing many islands. In other words, it includes both sea and islands which geographically may be considered as an independent whole. Our country is comprised of the sea and all its islands which is considered to be one single unit.
  8. 8. Other territories over which the Philippines has sovereignty or jurisdiction
  9. 9. According to the 1973 constitution, “all the otherterritories belonging to the Philippines by historic right or legal”1. Philippine claim to Sabah Sabah is the northern part of Borneo. Coastline of 800 to 900 miles South China Sea in the West and North Sulu Sea in the Northeast Celebes Sea in the East It is 1,143km from Manila and 1678 km from Kuala Lumpur.
  10. 10. The Sultan of Sulu was granted the territory of Sabahas a prize for helping The Sultan of Brunei against his enemies and from then on that part of Borneo isrecognized as part of the Sultan of Sulu’s sovereignty. But in 1878, Baron Von Overbeck, a Germanrepresentative of the British North Borneo Co. and his partner Alfred Dent, a British representative of the British North Borneo Co. leased the territory known as “Sabah.”
  11. 11. Britain took Sabah on July 10, 1946 as part of its crown territories and then made the land part of the Federation of Malaysia. The Philippines maintainedthat the contract with Overdeck and Dent was for lease but the United Kingdom insisted it was for cession or transfer of ownership.
  12. 12. The Philippines broke diplomatic relations withMalaysia after the federation have included “Sabah.”At that time, the current Sultan of Sulu have given the Philippine government the authority to pursue the claim legally in international courts. In 1972, the Marcos administration revived the claim; but, the “Jabidah Massacre” incident shelved it once more.
  13. 13. The Sulu Sultanate, in spite of it being located in Mindanao, is NOT the same as saying it is under the rule of the Philippine government. It is, in fact, an independent Muslim state, which historically has acquired territories in and around the Sulu Sea, including the island of Sabah. When Malaysia got its independence from the British, the British company also"surrendered" Sabah to Malaysia. The claim of the Sultan of Sulu would have more legal bearing if the Philippines recognized the Sulu Sultanate. As a republic, the Philippine constitution doesnot recognize royalties. Also no country recognizes the Sultanate of Sulu. Sabah will always be, politically speaking, ruled by Malaysia. Its ownership, however, will always remain with the heirs of the Sultanate. Philippines might not ever get to claim Sabah as its rightful territory.
  14. 14. 2. Philippine claim to Spratley Island. The Spratly Islands group consists of a large number of banks, reefs, cays and islands stretching from a point. The Spratlies or some part thereof has been variously claimed by China (both the Peoples Republic of China and the Republic of China), Viet-Nam, France, Japan, the Philippines, and, also Malaysia.
  15. 15. In 1956, a Filipino navigator named Tomas Clomaissued a "Proclamation to the whole World" asserting ownership by discovery and occupation over all theterritory, "33 islands, sands cays, sands bars and coral reefs and fishing grounds in the Spratlies covering an area of 64,976 square nautical miles." This claim provoked statements of protest against thePhilippines by the Peoples Republic of China and the Republic· of Viet-Nam.
  16. 16. The legal bases of the demand were as follows: ( 1) The Philippines has legal title to the island group as aconsequence of the occupation by Tomas Cloma (2) the presence of the Chinese forces in Itu Aba constituted athreat to the security of the Philippines; (3) the Chinese occupation of some islands in the Spratly groupconstituted de facto trusteeship on behalf of the World War II allies which precluded the gamsonning of the islands without the allies consent; and (4) the Spratlygroup is within the archipelagic territory claimed by the Philippines.
  17. 17. In 1974, an official spokesman of the Philippine government announced that the Philippines had garrisoned five of the islands within the group. At present, the Philippines have possession of sevenislands. A number of Filipino nationals have settled in these islands, and a local government has been organized in one of them.
  18. 18. On June 11, 1978, President Marcos issued Presidential Decree No. 1596 declaring most19 of the islands, cays, shoals and reefs as belonging to the Philippines andforming an integral part of Philippine territory. It named the area claimed "Kalayaan Island Group," which is a Filipinized version of the name Tomas Cloma gave his discovery: "Freedom land." The group of islands wasintegrated as a municipality of the province of Palawan.
  19. 19. Philippine island closest to the incorporated cluster decree cited a number of bases for the claim to title, namely: (1) the area is part of the continental margin of the Philippine archipelago; (2) the islands do not belong to any state, but by reason of history, indispensable need, and effective occupation and control established in accordance with international law, should now be deemed subject to thesovereignty of the Philippines; and (3) claims by other states over the area had lapse by reason of abandonment and cannot prevail over that of the Philippines on legal, historical and equitable grounds.
  20. 20. Currently the Philippines is occupying nine features (seven islands, three reefs):
  21. 21. Details Features 37.2 ha. (2nd largest), pag-asa means hopePagasa Island (Thitu Island) 18.6 ha. (3rd largest), likas means natural or evacuateLikas Island (West York Island) 12.7 ha. (5th largest), parola means lighthouseParola Island (Northeast Cay) 7.93 ha. (8th largest), lawak means vastnessLawak Island (Nanshan Island) 6.45 ha. (10th largest), kuta means fortress 0.57 ha. (14th largest), patag means flatKota Island (Loaita Island) 0.44 ha. (15th largest and the smallest, panatâ means vowPatag Island (Flat Island) Rizal is named after Dr. José P. Rizal, the national hero of thePanata Island (Lankiam Cay) PhilippinesRizal Reef (Commodore Reef) Balagtas is named after Francisco Balagtas, a famous FilipinoBalagtas Reef (Irving Reef) poetAyungin Reef (Second Thomas Reef) Ayungin is Leiopotherapon plumbeus, a Philippine-endemic fish species
  22. 22. 2. Future claims by the Philippines to other areas. The phrase “all the other territories belonging to the Philippines by historic right or legal title.” Found in 1973 constitution was omitted in the present charter.
  23. 23. Other areas included in the Philippine archipelago.
  24. 24. The Philippine territory consists of its terrestrial,fluvial, and aerial domains. Included in its fluvialdomains, in addition to the external waters, are: 1. Territorial sea. 2. The seabed 3. The subsoil 4. Insular shelves 5. Other submarine areas
  25. 25. Three-fold division of navigable waters.
  26. 26. From the standpoint of international law, the waters of the earth are divided into: 1. Inland or internal waters 2. Territorial sea (Supra) 3. High or open seasAll other territories over which the Philippines has sovereignty - includes any territory that presently belongs or might in the future belong to the Philippines through any of the accepted international modes of acquiring territory.
  27. 27. Archipelagic Principle Two elements: 1. The definition of internal waters (supra); 2. The straight baseline method of delineating the territorial seaImportant distances with respect to the waters aroundthe Philippines-Territorial Sea 12 nautical miles (n.m.)-Contiguous Zone 12 n.m. from the edge of theterritorial sea-Exclusive Economic Zone 200 n.m. from the baseline
  28. 28. Territorial Sea The belt of the sea located between the coast and internal waters of the coastal state on the one hand, and the high seas on the other, extending up to 12 nautical miles from the low water mark.Contiguous Zone Extends up to 12 nautical miles from the territorial sea. Although not part of the territory, the coastal State may exercise jurisdiction to prevent infringement of customs, fiscal, immigration or sanitary laws.
  29. 29. Exclusive Economic Zone The state in the EEZ exercises jurisdiction with regard to: 1. the establishment and use of artificial islands, installations, and structures; 2. marine scientific research; 3. the protection and preservation of marine environment;
  30. 30. The Philippine Position
  31. 31. 1. Fatal effect application of 12 mile rule uponterritorial integrity of the Philippines – To apply to the three-mile rule to the Philippines, with every islandhaving its own territorial sea, would have a fatal effect upon the territorial integrity of the Philippines. It would mean the dismemberment of the archipelago with the Sibuyan sea separating the Visayas, and the Mindanao Strait and the Sulu isolating Palawan from the rest of the archipelago.
  32. 32. These and other areas of waters would cease to be Philippine waters; they would become international waters or high seas, and fishing vessels from all nationscan enter to get fish and other living resources of the sea which nature and Divine Providence intended for the Filipinos. Furthermore, warships of even unfriendly nations could enter these waters and stay there with perfect legal right to do so. At the same time, we would lose a large part of our territory on both sides of thearchipelago, towards the China Sea and the Pacific Ocean.
  33. 33. 2. The Philippines, a single nation and a united state - More than seven thousand islands comprise the Philippines ruled by one whole unitary government, bound by a common heritage, beholden to the same tradition, pursuing the same ideals, interdependentand united politically, economically and socially as one nation.
  34. 34. 3. Archipelago principle fully recognized bu UN Law of the Sea Convention - The archipelago principle and the exclusive economic zone rights are now fully recognized in the U.N. Law of the Sea Convention. It was approved by the interim Batasang Pambansa on February 27, 1984.
  35. 35. THANK YOU!! Alyssa Palmada Lorenzo Osorio Aleia Cai 1ASN2

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