3. Section 1
The nat i onal t er r i t or y com i ses t he
pr
Phi l i ppi ne ar chi pel ago, w t h al l t he
i
i sl ands and w er s em aced t her ei n, and
at br
al l ot her t er r i t or i es over w ch t he
hi
Phi l i ppi nes has sover ei gnt y or
j ur i sdi ct i on, consi st i ng of i t s
t er r est r i al , f l uvi al , and aer i al dom ns,
ai
i ncl udi ng i t s t er r i t or i al sea, t he seabed,
t he subsoi l , t he i nsul ar shel ves, and
ot her subm i ne ar eas. The w er ar ound,
ar at
bet w een, and connect i ng t he i sl ands of t he
ar chi pel ago, r egar dl ess of t hei r br eadt h
4. NECESSITY OF
CONSTITUTIONAL PROVISION
ONBINDING FORCE OF SUCH PROVISION
(1)
NATIONAL TERRITORY
UNDER INTERNATIONAL LAW-THERE IS
NO RULE IN INTERNATIONAL LAW WHICH
REQUIRES A STATE TO DEFINE ITS
TERRITORIAL BOUNDARIES IN ITS
CONSTITUTION. THE REASON IS THAT
WITH OR WITHOUT SUCH A PROVISION, A
STATE UNDER INTERNATIONAL LAW HAS
THE EXTEND OF ITS TERRITORY.
5. (2) VALU O PR VI SI O D N N O R
E F O N EFI I G U
N O AL TER I TO Y- EVER O ER PO ER
ATI N R R Y TH W
I S EXC D FR MEXER I SI N D M N O O
LU ED O C G OI I N R
JU I SD C O W TH U TH C N T O TH
R I TI N I O T E O SEN F E
PH LI PPI N
I ES.
I N N O AL LAWR O N ZES TH
TER ATI N EC G I E
SU EM AU O I TY O EVER STATE W TH N
PR E TH R F Y I I
I TS TER I TO Y, ALTH U H FO EI G
R R OG R N
SO EI G S AN D PLO ATI C EN YS AR
VER N D I M VO E
EN TLED TO EXEM O FR MLO AL C VI L
TI PTI N O C I
AN C I M N JU I SD C O .
D R I AL R I TI N
6. (3) ACQUISITION OF OTHER
TERRITORIES- THE DEFINITION OF OUR
NATIONAL TERRITORY IN OUR
CONSTITUTION DOES NOT PREVENT THE
PHILIPPINES FROM ACQUIRING OTHER
TERRITORIES IN THE FUTURE THROUGH
ANY OF THE MEANS SANCTIONED BY
INTERNATIONAL LAW
7. NATIONAL TERRITORY OF THE
PHILIPPINES
(1) The Philippine archipelago with all the
island 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
8. ARCHIPELAGO
Is derived from the Greek word
pelagos meaning “sea”. It has
been defined as a sea or part of
a sea studded with islands, often
synonymous with island group, or
as a large group of island in an
extensive body of water.
9. OTHER TERRITORIES OVER WHICH THE
PHILIPPINES HAS SOVEREIGNTY OR
JURISDICTION
(1) Pendi ng Phi l i ppi ne cl ai m t o Sabah-’Al l t he
ot her t er r i t or i es bel ongi ng t o t he phi l i ppi nes
by hi st or i c r i ght or l egal t i t l e’ t he phr ase
acqui r ed a def i ni t e m eani ng i n t he 1973
const i t ut i on as a cover -al l f or pendi ng
Phi l i ppi ne cl ai m t o Sabah (f or m l y i n N t h
er or
Borneo) against Malaysia and the possible claim to
the so-called Freedomland (a group islands known as
“Spratley” i sl and i n t he Sout h C na Sea) and t he
hi
M i anas I sl and i ncl udi ng G , or any ot her
ar uam
t er r i t or y over w ch t he phi l i ppi nes m i n t he
hi ay
f ut ur e f i nd i t has r i ght t o cl ai m .
10. (2) Future claims by the Philippine to
other areas- “by historic right or legal
title” is not to be constructed as
precluding future claims by the
philippines to areas over which it
does not actually exercise
sovereignty. The change is designed
to improve our relations with Malaysia
while allowing flexibility in pursuing
the Sabah claim.
11. OTHER AREAS INCLUDED IN THE
PHILIPPINE ARCHIPELAGO
The terrestrial sea- part of the sea extending 12
nautical miles (19 kms) from the low-watermark.
Also called the “marginal sea”, the “marginal belt”,
or the “marine belt”.
The seabed (sea floor or sea bottom)- land that
holds the sea, lying beyond the seashore including
mineral and natural resources
The subsoil- everything beneath the surface soil
and the seabed, including mineral and natural
resources
12. Insular shelves (or
continental shelves)- the
submerged portions of a
continent or seashore island
Other submarine areas- refers
to all areas under the
territorial sea. among
oceanographic terms used are
seamount, trough, trench,
basin, deep, bank, shoal, and
reef.
13. THREE FOLD DIVISION OF
NAVIGABLE WATERS parts of the sea
Inland or internal waters-
within the land territory. Considered in the
same light as river, canal, and lake within the
land territory of a state. Also called
“national waters”
Territorial sea (supra)- the belt of water
outside and parallel to the coastline or to
the outer limits of the inland or internal
water
High or open seas- waters that lie seaward
of the territorial sea
14. THE PHILIPPINE
POSITION
Fatal effect of application of 12 miles rule upon territorial
integrity of the Philippine- in the international convention
on the law of the sea held in Geneva in 1958, the
Philippine position was explained as follows:
“to apply the three-mile rule to the philippines, with every
island having its own territorial sea, would have a fatal
effect upon the territorial integrity of the philippines.”
”as long as the Philippine constitution stands, as long as
the philippines continue as one united country, and as
long as the philippines constitutes one nation, the three-
mile limit can never be accepted to us.”
15. in a statement before the Sub-Committee II of the
committee on peaceful uses of the seabed and
the ocean floor beyond the limits of national
jurisdiction at Geneva on August 16, 1971, the
solicitor General of the philippines reiterated the
reasons why over 7,000 islands composing the
Philippine should be treated as one whole unit:
“more than seven thousand islands comprise the
Philippine ruled by one whole unitary
government, bound by a common heritage,
beholden to the same tradition, pursuing the
same ideals, interdependent and united
politically, economically and socially as one
nation.
16. t er r i t or i al sea and t hat base l i nes m be dr aw
ust n
ar ound each i sl and i s t o spl i nt er i nt o 7,000 pi eces
w hat i s a si ngl e nat i on and a uni t ed st at e.
D ependi ng on t he br eadt h of t he t er r i t or i al sea
t hat m em ge, such pocket s of hi gh seas i n t he
ay er
very heart of the country may be such small areas of no
more than 5 to 10 or 15 square miles.”
Ar chi pel ago pr i nci pl e f ul l y r ecogni zed by U l aw
N
of t he sea convent i on- a t w ve-m l e br eadt h of t he
el i
t er r i t or i al sea w d not be accept abl e t o t he
oul
phi l i ppi nes as i t w d st i l l r esul t i n havi ng
oul
som pocket s w t hi n t he sea bet w
e i een som i sl and
e
w ch w d be consi der ed i nt er nat i onal w er s. I t
hi oul at
w r at i f i ed by t he i nt er i mbat asang pam
as bansa on
Febr uar y 27, 1984
17. Summary (Article I)
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, the connecting the islands of the
archipelago, regardless of their breadth and
dimensions, from part of the internal waters of the
Philippines.
