Government
Class:
Constitutional
Law
I
Topic:
Article
I
Article
I
The
Philippine
Territory
The
1935
Constitution
included
a
definition
of
national
territory
because
the
Filipinos
were
scared
of
dismemberment.
They
wanted
to
ensure
the
preservation
of
the
integrity
of
Philippine
territory.
The
1971
Constitutional
Convention
placed
the
definition
in
the
constitution
for
the
preservation
of
the
national
wealth,
for
national
security,
and
as
a
manifestation
of
our
solidarity
as
a
people.
The
1986
Constitutional
Commission
believed
the
definition
would
have
an
educational
value.
Also,
it
would
be
difficult
to
explain
its
absence
since
it
was
present
in
the
1935
and
1973
provisions.
The
definition
of
national
territory
in
the
Constitution
is
only
binding
on
the
state.
It
must
be
supported
by
international
law
to
be
recognized
internationally.
An
archipelago
is
a
body
of
water
studded
with
islands.
The
Philippine
archipelago
is
delineated
by
the
Treaty
of
Paris,
the
Treaty
of
Washington,
and
finally
the
Treaty
with
Great
Britain.
All
other
territories
over
which
the
Philippines
has
sovereignty
or
jurisdiction
This
includes
any
territory
which
presently
or
might
belong
to
us
in
the
future
through
international
law
provisions.
This
also
includes
what
the
1935
Constitution
referred
to
as
all
territory
over
which
the
present
(1935)
Government
of
the
Philippine
Islands
exercises
jurisdiction
meaning
it
includes
the
Batanes
Islands
which
lay
outside
the
lines
drawn
by
the
Treaty
of
Paris.
It
also
includes
what
the
1937
Constitution
calls
as
territories
belonging
to
the
Philippines
by
historic
or
legal
right.
This
phrase
was
dropped
so
as
not
to
surrender
the
Philippines
claim
over
Sabah.
The
new
phrase
quoted
on
top
neither
claims
or
disclaims
Sabah
but
asserts
a
legal
situation
in
which
Sabah
can
have
a
place
in
the
Philippines.
The
Philippines
lays
claim
on
the
territorial
sea,
the
seabed,
the
subsoil,
the
aerial
domain,
the
insular
shelves,
and
other
submarine
areas
to
the
extent
recognized
by
international
law.
Waters
around,
between,
and
connecting
the
islands
of
the
archipelago
part
of
internal
waters
conflicts
with
international
law.
The
1982
Convention
of
on
the
Law
of
the
Sea
affirms
the
existence
of
the
right
of
innocent
passage
through
these
archipelagic
waters.
The
Philippines
said
that
the
signing
of
the
Convention
shall
not
in
any
manner
impair
or
prejudice
the
sovereign
rights
of
the
Republic
under
and
arising
from
the
Constitution
of
the
Philippines
nor
nullify
the
sovereignty
of
the
Philippines
as
an
archipelagic
State
over
the
sea
lanes
and
do
not
deprive
it
of
authority
to
enact
legislation
to
protect
its
sovereignty,
independence
and
security.
The
straight
baseline
method
consists
of
drawing
straight
lines
connecting
appropriate
points
on
the
coast
without
departing
to
any
appreciable
extent
from
the
general
direction
of
the
coast.
The
1982
Convention
on
the
Law
of
the
Sea
requires
coastal
states
to
draw
baselines
in
conformity
with
the
provisions
of
the
Convention.
RA
2046
and
RA
5446
by
the
Congress
do
not
completely
conform
to
the
requirements
of
the
Convention.
In
2009,
9522
provided
one
set
of
baselines
for
the
archipelago
and
another
set
of
baselines
for
the
regime
of
islands
outside
the
archipelago
but
belonging
to
the
Philippines.
Act To Amend Certain Provisions of (RA) 3046, As Amended by (RA) 5446 To Define The Archipelagic Baselines of The Philippines and For Other Purposes." For Perspective, RA 3046