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CONSTI 1

DOCTRINES
MAGALLONA VS. EXEC. SEC. ERMITA PCA CASE No. 2013-19 In the Matter of SCS
Arbitration
- UNCLOS III has nothing to do wiith acquisition CHINA PCA
or loss of territory. Essence of subject
- It is a multilateral treaty regulating sea-use matter is territorial
rights over maritime zones. sovereignty over
- RA 9522 is not unconstitutional, it is a maritime features
statutory tool to demarcate the countrys which is beyond the
scope of convention
maritime zones and continental shelf under
UNCLOS III, not to delineate PH territory
- Serves to give notice to the international
community of scope that states can exercise
treaty based rights.
- States acquire or loss territory through
occupation, cessation, accretion and
prescription; not through multilateral treaties
that regulate sea use rights such UNCLOS
- RA 9522s use of framework of Regime of
Islands to determine the maritime zones of
the KIG and Scarborough Shoal is not
inconsistent with the PH claim of sovereignty
over these areas.
- RA 95222 merely followed base points
mapped out by RA 3046, save for at least 9
base points that RA 9522 skipped to optimize
location of base points and adjust the length of
1 baseline and thus comply with UNCLOS IIIs
limitation on maximum length of baseline.
- Petitioners assertion of loss of about 15000
square nautical miles of territorial waters is
similarly unfounded both in fact and in law.
- On the contrary RA 9522 by optimizing the
location of base points increased the PH total
maritime space by about 145,216 square
nautical miles.
- Had congress in RA 9522 enclosed the KIG
and Scarborough Shoal as part of PH
archipelago, adverse legal effects would have
ensured. The PH would have committed
breach of two provisions of UNCLOSS III.
- ART 47(3) UNCLOS III
1. Drawing of such baselines shall not depart
from any appreciable extent from the
general configuaration of archipelago
2. Art 47 (2) of UNCLOS III requires that
length of baselines shall no exceed 100
nautica iles save for 3% of total number of
baselines which can reach up to 125
nautical miles