National territory of Philippine constitution

1. NATIONAL TERRITORY STATED IN THE
PHILIPPINE CONSTITUTION
Article 1

2. ACCORDING TO 1987 CONSTITUTION
- ARTICLE 1
• 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

3. NATIONAL TERRITORY IS COMPRISES:
• Philippine Archipelago
• Internal Water
• Other territories which Philippines has
sovereignty or jurisdiction

4. 3 COMPONENTS
• Terrestrial
domain
• Fluvial domain
• Aerial domain

5. TERRESTRIAL DOMAIN
- this refers to the
land, it could be
agricultural land,
residential,forest,
mineral lands,
natural parks and
etc.

6. FLUVIAL DOMAIN
- this refers to the water,
inland or external waters

7. AERIAL DOMAIN
- air space above the
territorial lands and
waters of the
Philippines but
excluding the outer
space

8. OTHER AREAS INCLUDED
IN PHILIPPINE ARCHAEPELAGO
• Territorial sea
• Seabed
• Subsoil
• Insular shelves
• Other submarine areas

9. TERRITORIAL SEA
• 12 nm (nautical miles)
from baseline
SEABED
• the ground under
the sea; the ocean
floor.
SUBSOIL
• the layer of soil under
the topsoil on the
surface of the ground

10. INSULAR SHELVES
• This can be define as a part
of an island that remain
underwater. This land
‘shelves’ are under shallow
water and thus the concept
of the shelf.
Other submarine Areas
• They refer to all areas under
territorial sea, like seamount, trench,
basin, deep bank, shoal and reef

11. ISSUES/CONTROVERSIES OF THE
WEST PHILIPPINE SEA/
EAST CHINA SEA`

12. THE PHILIPPINE SEA LOCATED
This Photo by Unknown Author is licensed under CC BY

13. THE MAIN ISSUE
• claims of sovereignty
• loads the dissertation with geopolitical significance.
• Both major powers stand to gain by accepting the
constraints of international law.
The conflict between china and the Philippines in the
western Philippine sea (south china sea) is the result of years
of territorial dispute over the spartly island- a group of 7500
islands and reefs that multiple countries have claimed as
their own.

14. “nine-dash line”
It is said as historical demarcation of its continental
shelf, although the line itself has no fixed coordinates.
This appears in Chinese maps, and claims a majority of
the South China Sea as part if China’s national
boundary and asserts sovereignty over the islands
within and the adjacent water.
This is also the reason that emboldened China to build
artificial islands in Spratlys, damaging the ecosystem
of the west Philippine Sea in the process.
However, China’s self proclaimed demarcation

15. United Nation Convention on the Law of the Sea (UNCLOS)
• it is an international agreement that establishes a legal
framework for all marine and maritime activities
• It lays down a comprehensive regime of law and order in the
world's oceans and seas establishing rules governing all uses of
the oceans and their resources.
UNCLOS is the international standard for maritime zones such as:
Territorial waters
Contiguous zone
Exclusive Economic Zone (EEZ)
Contenintal shelves

16. Scarborough Shoal
 it is a chain of reefs located about 230 kilometers
from the Philippines
 650 kilometers from the southern China province of
Hainan.
 it lies in the Exclusive Economic Zone of the
Philippines, with china and Taiwan also claiming it as
within their sovereign territory.
Despite diplomatic resolutions, tensions over opposing
claims reached a breaking point in 2012 with the
Scarborough Shoal Standoff, in which Chinese
surveillance vessels prevented the Philippine Navy
from arresting Chineses fishermen anchored within
atoll.

17. PHILIPPINE FILE A CASE WITH UN-BACKED PERMANENT COURT
OF ARBITRATION ( PCA) DUE TO CHINA’S ACTION:
 interfering with Philippine petroleum exploration at Reed bank Preventing
Filipinos from fishing near Scarborough Shoal since 2012. (Both China and
Filipino fisherman have traditional fishing rights at Scarborough Shoal, which
has not been replaced by UNCLOS so China cannot stop Filipino fishermen
from venturing into the Shoal)
 allowing Chinese fishermen to fish mischief Reef and Second Thomas Shoal
which are within the Philippines EEZ
 constructing artificial islands on Mischief Reef without Philippine authorization
 causing severe harm to the coral reef as a result of the construction, which
violates the environmental protection provision of UNCLOS.
 not stopping Chinese fishermen from illegally haevesting endangered giant
clams, coral and sea turtles, which violates the environmental protection of
UNCLOS.

18.  risking collision and violating maritime safety laws by having Chinese
Law enforcement vessels venture into the Scarborough Shoal
 violating its obligations during the settlement process
Because it did not participate in the proceedings with the PCA, china has
rejected the ruling claiming it has no binding force. Howerver, this decision
puts the Philippines on higher ground in the eyes of the world and adds
international diplomatic pressure on China.

19. WHAT’S NEW?
• Five years after President Rodrigo Duterte’s pivot
to China, tensions between Manila and Beijing are
rising again in the South China Sea, compounded
by increasing Sino-U.S. Competition. The maritime
disputes with China and other claimant states
persist with little prospect for resolution.

20. WHY DOES IT MATTER?
• Armed conflict directly involving the Philippines is
unlikely. But there is growing potential for
incidents at sea to escalate. Despite President
Duterte’s China-friendly stance, manila continues
to struggle with Beijing’s continuous efforts to
assert sovereignty over most of the South China
Sea.

21. WHAT SHOULD BE DONE?
• The Philippines should push for a substantive and
effective code of Conduct between ASEAN and
China, while continuing to pursue bilateral talks
with Beijing on maritime disputes. Manila should
also try to boost regional cooperation on issues
of common concern, such as fisheries
management and Law enforcement.

22. CONTROVERSY BETWEEN
THE PHILIPPINES AND CHINA
• China prevented the Philippines from carrying
out oil and gas development projects and from
fishing in the disputed waters.

23. THE CAUSE OF WEST
PHILIPPINE SEA DISPUTES
• countries overlapping territorial and maritime
jurisdiction claims with those of other countries.

24. WHEN DID THE ISSUE STARTED?
January 22, 2013
- it started when the Philippines initiated
international arbitration against the People’s
Republic of China regarding its territorial and
maritime dispute in the South China Sea-
known as West Philippine Sea in Manila.

25. WHY THE WEST PHILIPPINE SEA IS IMPORTANT?
• It is identified as one of the priority seascapes
• West Philippine Sea accounts for roughly one third of
Philippine waters and hosts a wealth of the country’s coastal
and marine resources
• It provides the ecosystem in which thousands of species
thrive, and also protects the land from the impact of waves,
storms and flood
• It is located along the major trade routes
• Source of natural resources