Article I – THE NATIONAL TERRITORY

Category: Constitutional Law

Article I – THE NATIONAL TERRITORY

The national territory of the Philippines comprises:

1) the Philippine archipelago;
2) all other territories over which the Philippines has sovereignty or jurisdiction

PHILIPPINE ARCHIPELAGO – that body of water studded with islands which is delineated in the Treaty of Paris (1898), as amended by the Treaty of Washington (1900) and the Treaty with Great Britain (1930).

– consists of its
a) Terrestrial
b) Fluvial
c) Aerial domains

– including its
a) Territorial sea
b) The seabed
c) The subsoil
d) The insular shelves; and
e) The other submarine areas

INTERNAL WATERS – the waters Around, Between and Connecting the islands of the archipelago, regardless of their breadth and dimensions

ALL OTHER TERRITORIES OVER WHICH THE PHILIPPINES HAS SOVEREIGNTY OR JURISDICTION–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.

ARCHIPELAGIC PRINCIPLE

Two elements:
1. The definition of internal waters (supra);
2. The straight baseline method of delineating the territorial sea – consists of drawing straight lines connecting the outermost points on the coast without departing to any appreciable extent from the general direction of the coast.
Important distances with respect to the waters around the Philippines
-Territorial Sea 12 nautical miles (n.m.)
-Contiguous Zone 12 n.m. from the edge of the territorial sea
-Exclusive Economic Zone 200 n.m. from the baseline
[includes T.S. and C.Z.]
NOTE: There can be a Continental Shelf without an EEZ, but not an EEZ without a Continental Shelf.

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.

EXCLUSIVE ECONOMIC ZONE

Body of water extending up to 200 nautical miles, within which the state may exercise sovereign rights to explore, exploit, conserve and manage the natural resources

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;