POLITICAL AND INTERNATIONAL LAW

2014 BAR EXAMINATIONS

I. The Philippine Constitution

A. Constitution
1. Definition
2. Nature
3. Concepts
B. Parts
C. Amendments and revisions
D. Self-executing and non-self executing provisions
E. General provisions

II. General Considerations

A. National territory
1. Archipelagic Doctrine

The Philippine territory falls into 3 groupings: (1) Philippine archipelago; (2) other territories over
which the Philippines has sovereignty or jurisdiction; and (3) Philippine waters, airspace and
submarine areas.

B. State Immunity
C. General principles and state policies
D. Separation of powers
E. Checks and balances
F. Delegation of powers
G. Forms of government

III. Legislative Department

A. Who may exercise legislative power
1. Congress
2. Regional/Local legislative power
3. People’s Initiative on Statues
i. Initiative and referendum
4. The President under a martial law rule or in a revolutionary government

B. Houses of Congress
1. Senate
2. House of Representatives
i. District representatives
ii. Questions of apportionment
iii. Party-list system
C. Legislative privileges
D. Inhibitions
 E. Disqualifications
F. Quorum
G. Voting Majorities
H. Discipline of members
I. Electoral tribunals
1. Nature
2. Powers
J. Commission on Appointments
1. Nature
2. Powers
K. Powers of Congress
1. Legislative
i. Legislative inquiries
ii. Oversight functions
iii. Bicameral conference committee
iv. Limitations on legislative power
a. Limitations on revenue
b. Limitations on appropriations
c. Limitations on tariff measures
d. Presidential veto
e. Congressional override
2. Non-legislative
i. Informing function
ii. Power of impeachment
iii. Other non-legislative powers

IV. Executive Department

A. Privileges, inhibitions and disqualifications
1. Presidential immunity
2. Presidential privilege

B. Powers
1. Executive and administrative powers in general
2. Power of appointment
i. In general
ii. Commission on Appointments confirmation

Sec. 15, Art. VII: The President shall have the power to make appointments during the recess of the
Congress, whether voluntary or compulsory, but such appointments shall be effective only until
disapproval by the CA or until the next adjournment of Congress.

Appointments Needing Confirmation of CA (exclusive list):

1. Heads of executive departments
2. Ambassadors, other public ministers and consuls
3. Officers of the armed forces from rank of colonel or naval captain
 4. Those other officers whose appointments are vested in him in the Constitution except
Justices, judges, Ombudsman, and his deputies

Steps in Appointing Process Where CA Confirmation Required:

1. Nomination by President
2. Confirmation of Commission on Appointments
3. Issuance of Commission
4. Acceptance
- when appointment deemed completed
- pending such acceptance, appointment may still be withdrawn
- Rationale: Appointment to public office cannot be forced upon any citizen except
for purposes of defense of the State under Sec. 4, Art. II

iii. Midnight Appointments

Sec. 15, Art. VII: Two months immediately before the next presidential elections and up to the end of
his term, a President or acting President shall not make appointments except for temporary
appointments to executive positions when continued vacancies therein will prejudice public service
or endanger public safety.

Since the exception applies only to executive positions, the prohibition covers appointments to the
judiciary. During this period, the President is neither required to make appointments to the courts
nor allowed to do so.

Sec. 15 applies only to presidential appointments. There is no law that prohibits local executive
officials from making appointments during the last days of their tenure (De Rama v. CA)

iv. Power of Removal

President’s Power of Removal is implied from:

1. Power to appoint
2. Executive power in the President
3. Function to take care that laws be properly executed for without it, his orders for law
enforcement might not be effectively carried out
4. President’s control over administrative departments, bureaus, and offices of the government

President cannot remove officials appointed by him where the Constitution prescribes certain
methods for separation of such officers from public service.

The President’s power of removal may be exercised only for cause as may be provided by law, and in
accordance with the prescribed administrative procedure.

3. Power of Control and Supervision

Control Supervision
 Definition Power of an officer to alter or
modify or nullify or set aside
what a subordinate officer had
done in the performance of his
duties and to substitute the
judgment of the former for that
of the latter
Nature Necessarily includes the power
of supervision
Overseeing or the power or
authority of an officer to see
that subordinate officer
performs their duties
Power of a superior officer to
ensure that the laws are
faithfully executed by inferiors
Does not include the power of
control

Stronger than mere supervision

Rule-Making Officer in control lays down theDoes not cover authority to lay
rules in the doing of an act down the rules; officer merely
sees to it that the rules are
followed
Power When Rules Officer, in his discretion, may Officer may order the work
Unobserved order the act undone, redone done or redone but only to
by his subordinate, or he may conform to the prescribed rules
decide to do it himself

Power of control has been given to the President over all executive officers from Cabinet members to
the lowest clerk. This is an element of the presidential system where the President is the Executive of
the government.

Control over:
1. All executive departments, bureaus, and offices (Sec. 17)
2. Officers of GOCCs (NAMARCO v. Acra)
3. Acts of subordinates and not necessarily over the subordinate himself
- Executive has control over the judgment or discretion of his subordinates
- Legislature has control over their person
- Power of control is not the source of the executive’s disciplinary power over the
person of his subordinates
- Disciplinary power of executive flows from power to appoint
4. All members of Cabinet (appoint, shuffle, and replace without any legal inhibition)
5. Reorganization of executive office (reduction of personnel, consolidation of offices, or
abolition of positions)

i. Doctrine of Qualified Political Agency

A.k.a. Alter Ego Principle

ii. Executive departments and offices

iii. Local government units
 4. Military powers
5. Pardoning power
i. Nature
ii. Limitations
iii. Forms of executive clemency
6. Diplomatic power
7. Powers relative to appropriation measures
8. Delegated powers
9. Veto powers
10. Residual powers
11. Executive privilege

C. Rules of Succession

V. Judicial Department
A. Concepts
1. Judicial power
2. Judicial review
i. Operative fact doctrine
ii. Moot questions
iii. Political questions doctrine
B. Safeguards of Judicial Independence
C. Judicial restraint
D. Appointments to the Judiciary
E. Supreme Court
1. En banc cases
2. Division cases
3. Procedural rule-making
4. Administrative supervision over lower courts
5. Original jurisdiction
6. Appellate jurisdiction
F. Judicial privilege

VI. Constitutional Commissions

A. Constitutional safeguards to ensure independence of commissions
B. Powers and functions of each commission
C. Prohibited offices and interests
D. Jurisdiction of each constitutional commission
E. Review of final orders, resolutions, and decisions
1. Rendered in the exercise of quasi-judicial functions
2. Rendered in the exercise of administrative functions

VII. Bill of Rights

A. Fundamental powers of the state (police, eminent domain, taxation)
1. Concept
 2. Application
3. Limits
4. Requisites for valid exercise
5. Similarities and differences
6. Delegation
B. Private acts and the Bill of Rights

C. Due Process – the rights to life, liberty and property

1. Relativity of due process
2. Procedural and substantive due process
3. Constitutional due process
4. Statutory due process
5. Hierarchy of rights
6. Judicial standards of review
7. Void-for-vagueness doctrine

D. Equal protection
1. Concept
2. Requisites for valid classification
3. Standards of judicial review
i. Rational Basis Test
ii. Strict Scrutiny Test
iii. Intermediate Scrutiny Test

E. Searches and seizures

1. Concept
2. Warrant requirement
i. Requisites
3. Warrantless searches
4. Warrantless arrests
5. Administrative arrests
6. Drug, alcohol and blood tests

F. Privacy of communications and correspondence

1. Private and public communications
2. Intrusion, when allowed
3. Writ of habeas data

G. Freedom of expression
1. Concept and scope
i. Prior restraint (censorship)
ii. Subsequent punishment
2. Content-based and content-netural regulations
i. Tests
ii. Applications
 3. Facial challenges
4. Overbreadth doctrine
5. Tests
6. State regulation of different types of mass media
7. Commercial speech
8. Private vs. government speech
9. Heckler’s veto

H. Freedom of religion
1. Non-establishment clause
i. Concept and basis
ii. Acts permitted and not permitted by the clause
iii. Test
2. Free Exercise Clause
3. Tests
i. Clear and Present Danger Test
ii. Compelling State Interest Test
iii. Conscientious Objector Test
I. Liberty of abode and freedom of movement
1. Limitations
2. Right to travel
i. Watch-list and hold departure orders
3. Return to one’s country
J. right to Information
1. Limitations
2. Publication of laws and regulations
3. Access to court records
4. Right to Information relative to:
i. Government contract negotiations
ii. Diplomatic negotiations
K. Right of Association
L. Eminent Domain
1. Concept
2. Expansive concept of “public use”
3. Just compensation
i. Determination
ii. Effect of delay
4. Abandonment of intended use and right of repurchase
5. Miscellaneous application
M. Contract Clause
1. Contemporary application of the contract clause
N. Legal assistance and free access to courts
O. Rights of Suspects
1. Availability
2. Requisites
 3. Waiver
P. Rights of the Accused
1. Criminal due process
2. Bail
3. Presumption of innocence
4. Right to be heard
5. Assistance of counsel
6. Right to be Informed
7. Right to speedy, impartial and public trial
8. Right of confrontation
9. Compulsory process
10. Trials in absentia
Q. Writ of Habeas Corpus
R. Writs of Amparo, Habeas Data, and Kalikasan
S. Self-incrimination Clause
1. Scope and coverage
i. Foreign laws
2. Application
3. Immunity Statutes
T. Involuntary servitude and political prisoners
U. Excessive fines and cruel and inhuman punishments
V. Non-imprisonment for debts
W. Double Jeopardy
1. Requisites
2. Motions for reconsideration and appeals
3. Dismissal with consent of accused
X. Ex post facto laws and bills of attainder

III. Citizenship
A. Who are Filipino citizens
B. Modes of acquiring citizenship
C. Naturalization and denaturalization
D. Dual citizenship and dual allegiance
E. Loss and re-acquisition of Philippine citizenship
F. Natural-born citizens and public office
IX. Law on Public Officers
A. General Principles
B. Modes of acquiring title to public office
C. Modes and kinds of appointment
D. Eligibility and qualification requirements
E. Disabilities and inhibitions of public officers
F. Powers and duties of public officers
G. Rights of public officers
H. Liabilities of public officers
1. Preventive suspension and back salaries
 2. Illegal dismissal, reinstatement and back salaries
I. Immunity of public officers
J. De facto officers
K. Termination of official relation
L. The Civil Service
1. Scope
2. Appointments to the civil service
3. Personnel actions
M. Accountability of public officers
1. Impeachment
2. Ombudsman (Sections 5 to 14, Article XI of the Constitution, in relation to RA
6770, “The Ombudsman Act of 1989”)
i. Functions
ii. Judicial review in administrative proceedings
iii. Judicial review in penal proceedings
3. Sandiganbayan
4. Ill-gotten wealth
N. Term Limits

X. Administrative Law
A. General principles
B. Administrative agencies
1. Definition
2. Manner of creation
3. Kinds
C. Powers of administrative agencies
1. Quasi-legislative (rule-making) power
i. Kinds of administrative rules and regulations
ii. Requisites for validity
2. Quasi-judicial (adjudicatory) power
i. Administrative due process
ii. Administrative appeal and review
iii. Administrative res judicata
3. Fact-finding, investigative, licensing and rate-fixing powers
D. Judicial recourse and review
1. Doctrine of Primary Administrative Jurisdiction
2. Doctrine of Exhaustion of Administrative Remedies
3. Doctrine of Finality of Administrative Action

XI. Election Law

A. Suffrage
B. Qualification and Disqualification of Voters
C. Registration of Voters
D. Inclusion and exclusion proceedings
E. Political Parties
 1. Jurisdiction of the COMELEC over political parties
2. Registration
F. Candidacy
1. Qualifications of candidates
2. Filing of certificates of candidacy
i. Effect of filing
ii. Substitution of candidates
iii. Ministerial duty of COMELEC to receive certificate
iv. Nuisance candidates
v. Petition to deny or cancel certificates of candidacy
vi. Effect of disqualification
vii. Withdrawal of candidates
G. Campaign
1. Premature campaigning
2. Prohibited contributions
3. Lawful and prohibited election propaganda
4. Limitations on expenses
5. Statement of contributions and expenses
H. Board of Election Inspectors and Board of Canvassers
1. Composition
2. Powers
I. Remedies and jurisdiction in election law
1. Petition not to give due course to or cancel a certificate of candidacy
2. Petition for disqualification
3. Petition to declare failure of elections
4. Pre-proclamation controversy
5. Election protest
6. Quo warranto
J. Prosecution of election offenses

XII. Local Governments

A. Public corporations
1. Concept
i. Distinguished from GOCC
2. Classifications
i. Quasi-corporations
ii. Municipal corporations
B. Municipal corporations
1. Elements
2. Nature and functions
3. Requisites for creation, conversion, division, merger, or dissolution
C. Principles of Local Autonomy
D. Powers of LGUs
1. Police power (general welfare clause)
2. Eminent domain
 3. Taxing power
4. Closure and opening of roads
5. Legislative power
i. Requisites for valid ordinance
ii. Local initiative and referendum
6. Corporate powers
i. To sue and be sued
ii. To acquire and sell property
iii. To enter into contracts
a. Requisites
b. Ultra vires contracts
7. Liability of LGUs
8. Settlement of boundary disputes
9. Succession of elective officials
10. Discipline of local officials
i. Elective officials
a. Grounds
b. Jurisdiction
c. Preventive suspension
d. Removal
e. Administrative appeal
f. Doctrine of condonation
ii. Appointive officials
11. Recall
12. Term limits

XIII. National Economy and Patrimony

A. Regalian Doctrine
B. Nationalist and citizenship requirement provisions
C. Exploration, development, and utilization of natural resources
D. Franchises, authority and certificates for public utilities
E. Acquisition, ownership and transfer of public and private lands
F. Practice of professions
G. Organization and regulation of corporations, private and public
H. Monopolies, restraint of trade and unfair competition

XIV. Social Justice and Human rights

A. Concept of Social Justice
B. Commission on Human Rights

XV. Education, Science, Technology, Arts, Culture and Sports

A. Academic Freedom

XVI. Public International Law

A. Concepts
 1. Obligations erga omnes

2. Jus cogens
3. Concept of ex aequo et bono
B. International and national law
C. Sources

Customary international law means a general and consistent practice of states followed by them
from a sense of legal obligation (opinion juris). This statement contains the two basic elements of
custom: (1) the material factor, that is, how states behave; and (2) the psychological or subjective
factor, that is, why they behave the way they do. The initial factor for determining the existence of
custom is the actual behavior of states. This includes several elements: duration, consistency, and
generality of the practice of states. The required duration can be either short or long. Duration
therefore is not the most important element. More important is the consistency and generality of
the practice.

Once the existence of state practice has been established it becomes necessary to determine why
states behave the way they do. Do states behave the way they do because they consider it obligatory
to behave that way or do they do it only as a matter of courtesy? Opinio juris or the belief that a
certain form of behavior is obligatory, is what makes practice an international rule. Without it,
practice is not law. (Pharmaceutical & Health Care Association of the Phil. v. Health Secretary Duque;
2007)

D. Subjects
1. States
2. International organizations
3. Individuals
E. Diplomatic and consular law
F. Treaties
G. Nationality and statelessness
1. Vienna Convention of the Law of Treaties
H. State responsibility
1. Doctrine of State Responsibility
I. Jurisdiction of States
1. Territoriality principle
2. Nationality principle and statelessness
3. Protective principle
4. Universality principle
5. Passive personality principle
6. Conflicts of jurisdiction
J. Treatment of aliens
1. Extradition
i. Fundamental principles
ii. Procedure
 iii. Distinguished from deportation
K. International Human Rights Law
1. Universal Declaration of Human Rights
2. International Covenant on Civil and Political Rights
3. International Covenant on Economic, Social and Cultural Rights
L. International Humanitarian Law and Neutrality

International Humanitarian Law (IHL) is a set of rules which place restrictions on the use of weapons
and methods of warfare.

Importance: IHL is one of the most powerful tools the international community has at its disposal to
ensure the safety and dignity of people in times of war. It seeks to preserve a measure of humanity,
with the guiding principle that even in war there are limits. It protects people who are not, or no
longer, participating in hostilities. IHL aims to protect human dignity and to limit suffering during
times of war. It is also known as the law of war or the law of armed conflict. IHL prohibits the use of
weapons which are particularly cruel or which do not distinguish between combatants and civilians.
It also requires the parties to a conflict to: (1) distinguish between combatants and civilians, and to
refrain from attacking civilians; (2) care for the wounded and sick and protect medical personnel; and
(3) ensure that the dignity of prisoners of war and civilian internees is preserved by allowing visits by
ICRC delegates.

IHL protects those who are not, or no longer, participating in hostilities, such as: (1) civilians; (2)
medical and religious military personnel; (3) wounded, shipwrecked and sick combatants; and (4)
prisoners of war.

IHL is a part of international law, which is the body of rules governing relations between States.
International is contained in agreements between States – treaties or conventions – in customary
rules, which consist of State practice considered by them as legally binding, and in general principles.

IHL applies to armed conflicts. It does not regulate whether a State may actually use force; this is
governed by an important, but distinct, part of international law set out in the UN Charter.

IHL rues strike a careful balance between humanitarian concerns and the military requirements of
States.

A major part of IHL is contained in four Geneva Conventions of 1949. The Conventions have been
developed and supplemented by two further agreements: the Additional Protocols of 1977 relating
to the protection of victims of armed conflicts. Other agreements prohibit the use of certain
weapons and military tactics and protect certain categories of people and goods. These agreements
include:
1. 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict plus
its two protocols
2. 1972 Biological Weapons Convention
3. 1980 Conventional Weapons Convention and its five protocols
4. 1993 Chemical Weapons Convention
 5. 1997 Ottawa Convention on Anti-Personnel Mines
6. 2000 Optional Protocol to the Convention on the Rights of the Child on the Involvement of
Children in Armed Conflict

Many provisions of the IHL are now accepted as customary law as general rules by which all States
are bound.

IHL concerns two situations: (1) international armed conflicts which involve at least two countries;
and (2) armed conflicts that take place in one country (such as those between a government and
rebel forces). IHL applies to all parties to a conflict regardless of who started it.

1. Categories of armed conflicts

i. International armed conflicts

An international armed conflict means fighting between the armed forces of at least two States (it
should be noted that wars of national liberation have been classified as international armed
conflicts.)

ii. Internal or non-international armed conflict

A non-international armed conflict means fighting on the territory of a State between the regular
armed forces and identifiable armed groups, or between armed groups fighting one another. To be
considered a non-international armed conflict, fighting must reach a certain level of intensity and
extend over a certain period of time.

Internal disturbances are characterized by a serious disruption of internal order resulting from acts of
violence which nevertheless are not representative of an armed conflict (example: riots and struggles
between factions or against the authorities).

iii. War of national liberation

2. Core international obligations of states in International Humanitarian Law
3. Principles of International Humanitarian Law
i. Treatment of civilians
ii. Prisoners of war
4. Law on neutrality

M. Law of the Sea

The UNCLOS was adopted on April 30, 1982 which represents the codification and comprehensive
and progressive development of the international law of the sea. It is generally considered by the
international community as the accepted legal norm for maritime conduct, a “constitution for the
oceans” governing all ocean seas, exploitation of ocean resources and the protection of the marine
environment. The Philippines ratified the Convention on February 27, 1984.
The UNCLOS establishes zones of national jurisdiction. There are seven types of waters with varying
regimes recognized under the Convention, namely: (1) internal or domestic; (2) archipelagic; (3)
territorial sea; (4) contiguous zones; (5) 200-mile exclusive economic zone; (6) straits used for
international navigation; and (7) high seas.

The Philippines’ declarations on the signing of the UNCLOS are:

(1) The signing of the Convention by the Philippines shall not in any manner impair or
prejudice the sovereign rights of the Philippines under and arising from the Constitution of the
Philippines;
(2) Such signing shall not in any manner affect the sovereign rights of the Philippines as
successor of the USA, under and arising out of the Treaty of Pars between Spain and the USA of
December 10, 1898, and the Treaty of Washington between the USA and Great Britain of January 2,
1930;
(3) Such signing shall not diminish or in any manner affect the rights and obligations of the
contracting parties under the Mutual Defense Treaty between the Philippines and the USA of August
30, 1951, and its related interpretative instrument; nor those under any other pertinent bilateral or
multilateral treaty or agreement to which the Philippines is a party;
(4) Such signing shall not in any manner impair or prejudice the sovereignty of the
Philippines over any territory over which it exercises sovereign authority, such as the Kalayaan
Islands, and the water appurtenant thereto;
(5) The Convention shall not be construed as amending in any manner any pertinent laws
and Presidential Decrees or Proclamations of the Philippines; the Philippines maintains and reserves
the right and authority to make any amendments to such laws, decrees or proclamations pursuant to
the provisions of the Philippine Constitution;
(6) The provisions of the Convention on archipelagic passage through sea lanes do not nullify
or impair 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;
(7) The concept of archipelagic waters is similar to the concept of internal waters under the
Philippine Constitution, and removes straits connecting these waters with the economic zone or high
sea from the rights of foreign vessels to transit passage for international navigation; and
(8) The agreement of the Philippines to the submission for peaceful resolution, under any of
the procedures provided in the Convention, of disputes under Article 298 shall not be considered as
a derogation of Philippine sovereignty.
The Declaration was made under Article 310 of the Convention which allows 3 categories of
declarations, namely: (1) general declarations; (2) interpretative declarations; and (3) declarations
relating to settlement of disputes.

1. Baselines

The importance of drawing baselines: it is from these baselines that the regime of the territorial sea,
the contiguous zone, the exclusive economic zone and to a certain degree the continental shelf is
measured. The Philippines has its own baselines law: RA 3046 and 5446. They are not going to be
disturbed at all but we may have to amend existing baselines which do not conform to the
requirements of the Convention. The longest baseline can only be 100 nautical miles with some
exception that would extend to 125 nautical miles, provided they do not exceed 3% of this total
number of baselines. Therefore we have to adjust or do some installations to our baselines which
exceed 100 miles. Our law cannot be automatically modified or repealed by the Convention. They
can be modified or repealed only by our own domestic laws which we reserve the right to pass.

Will the drawing of baselines to include the Kalayaan Island Group violate the UNCLOS? The
Philippine Delegation believe that it will not as long as we do not exceed the maximum length of the
lines. The lines do not have to be drawn from large islands as long as they are islands that are kept
above the level of the water.

The Philippines has every logical reason to draw baselines that will include KIG. The Philippines
exercises effective jurisdiction over it considering the establishment of a military garrison and local
civil units there. The islands are considered part and parcel of the Philippines by virtue of PD 1596 of
1978. The Decree was registered with the UN Secretariat on May 14, 1980. Kalayaan is a 5 th class
municipality of Palawan composed of 7 islands.

2. Archipelagic states

The Convention established the legal concept of archipelago as an integrated unit in which the
islands, waters and other natural features form an integral, geographical, economic and political
entity.

With Part IV of the Convention, no longer will the various islands of the Philippines be regarded as
separate units, each with each own maritime means and waters between them as distinct from the
land territory. The archipelagic state, like the Philippines, is permitted to draw baselines around the
archipelago, connecting the outermost points of the outermost islands. All waters within the
baselines, designated as archipelagic waters, are under the sovereignty of the archipelagic state
regardless of their width and dimension. This national sovereignty exists also with respect to the
airspace above the archipelagic waters and to the seabed and subsoil below them and to tall the
resources living and nonliving.

i. Straight Archipelagic Baselines

ii. Archipelagic Waters

The sovereignty over archipelagic water is subject to two kinds of passage by foreign ships: (1)
innocent passage; and (2) archipelagic sea lanes passage.

Innocent passage is well known in international law. It is passage that is not prejudicial to the peace,
good order or security.

iii. Archipelagic Sea Lanes Passage

Archipelagic sea lanes passage means continuous and expeditious or unobstrusive navigation or
overflight through an above sea lanes that must be established by the archipelagic state between
one part of the high seas or EEZ and another part of the high seas or EEZ.
Archipelagic sea lanes passage must be distinguished from transit passage envisioned in straits used
for international navigation. The latter is imposed by the Convention; the former can be exercised
ony on such sea lanes that the archipelagic state would want to designate or establish. Our straits are
entirely within our archipelagic waters and therefore cannot be said to be connecting our EEZ or high
seas with another part of the high seas or EEZ.

3. Internal Waters
4. Territorial Sea

In case of the territorial seas that overlap, a median line shall be drawn and each party gets one-half
of the overlapping area.

5. Exclusive Economic Zone

The exclusive economic zone is one of the new concepts in the Convention, as an additional maritime
area of States. In archipelagic states, it is a belt around the archipelago with more than 200 nautical
miles wide, measured from the archipelagic base lines. The Philippines, has the certain rights in this
exclusive economic zone; namely: (1) sovereign rights for the purpose of exploring and exploiting,
conserving and managing the natural resources whether living or nonliving of the waters and the
seabed and deep subsoil; (2) jurisdiction with regard to the establishment and use of artificial
islands, installations and structures for marine scientific research and protection and preservation of
the marine environment.

The exclusive economic zone of the Philippines measures about 395,400 square nautical miles. The
area that we have been claiming as our historic territorial sea extending to the limits of the Treaty of
Paris measure 263,300 square nautical miles. The EEZ therefore is bigger that the territorial sea by
132,100 square nautical miles which is equivalent to about 45 million hectares where the Philippines
will be entitled to all the resources. Moreover, with the adoption of the archipelagic principle, the
Philippines gained 141,800 square nautical miles, or inside the baselines or a total gain of 93 million
hectares.

In case of overlapping EEZ and continental shelf, the issue of overlap will be effected by agreement
among the parties concerned. Failing agreement, the parties should resort to the settlement of
disputes provision of the Convention.

The KIG adds to the Philippines’ EEZ an area of 360,850 square nautical miles.

6. Continental Shelf

The continental shelf comprises the seabed and subsoil of the submarine area beyond the territorial
sea throughout the natural prolongation of its land territory to the outer edge of the continental
margin or to a distance of 200 nautical miles from the baselines from which the territorial sea is
measured when the out edge of the continental margin does not extend up to that distance.

i. Extended Continental Shelf

 7. International Tribunal for the Law of the Sea

N. Madrid Protocol and Paris Convention for the Protection of Industrial Property
O. International Environmental Law
1. Principle 21 of the Stockholm Declaration
P. International Economic Law