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1899 Malolos 1987 CONSTITUTION 1973 CONSTITUTION 1935 CONSTITUTION

Constitution

Preamble Preamble Preamble

We, the sovereign We, the sovereign The Filipino people,


We, the Filipino people, Filipino people, imploring the aid of
Representatives
imploring the aid of imploring the aid of Divine Providence, in
of the Filipino
people, lawfully Almighty God, in order Divine Providence, in order to establish a
covened, in order to build a just and order to establish a government that shall
to establish humane society and government that shall embody their ideals,
justice, provide for establish a embody our ideals, conserve and develop
common defense,
promote the Government that shall promote the general the patrimony of the
general welfare, embody our ideals welfare, conserve and nation, promote the
and insure the and aspirations, develop the patrimony general welfare, and
benefits of liberty, promote the common of our Nation, and secure to themselves
imploring the aid
of the Sovereign good, conserve and secure to ourselves and their posterity the
Legislator of the develop our patrimony, and our posterity the blessings of
Universe for the and secure to blessings of independence under a
attainment of ourselves and our democracy under a regime of justice,
these ends, have
voted, decreed, posterity the blessings regime of justice, liberty, and
and sanctioned of independence and peace, liberty, and democracy, do ordain
the following: democracy under the equality, do ordain and and promulgate this
rule of law and a promulgate this Constitution.
regime of truth, Constitution.
justice, freedom, love,
equality, and peace,
do ordain and
promulgate this
Constitution.

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
4) 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;

THE LAW OF THE SEA


A. Preliminary Points
1. Legal regime of the seas depends on whether the waters in question are
part of the territorial waters, the contiguous waters, etc.
2. A key step is the drawing of baselines on which the extent of such waters
are based
a. Baselines, defined
Normal baselines, coast is straight: The low water line along the coast as
marked on large-scale charts officially recognized by the coastal state
When a coast is "deeply indented or cut into, or if there is a fringe of
islands along the coast in its immediate vicinity: straight baselines drawn by
connecting the seaward most low water points of the coastlines or of the
island fringe
b. Limitations on use of the straight baselines (August)
Straight baselines must not appreciably depart from the direction of the
coast
Sea areas within the baselines must be sufficiently close to the land to be
covered by the regime of internal waters
Straight baselines drawn by a State must not cutoff another state's
territorial sea from the high seas or an exclusive economic zone

B. Internal Waters
1. Nature
a. Waters on the inland side of the baselines (bodies of water within the land
mass)
b. Include ports, harbors, rivers, lakes, canals, and navigable waterways
Thalweg Doctrine for boundary rivers, absent an agreement between the
riparian states, the boundary line is laid on the middle of the main navigable
channel
Middle of the Bridge Doctrine where there is a bridge over a boundary
river, the boundary line is the middle or center of the bridge
2. Part of a State's land territory, subject to the full exercise of
sovereignty
3. Limitations on sovereignty over internal waters
a. Ships in distress have the right to enter foreign ports to avoid danger
b. States may enter into Friendship, Commerce, and Navigation treaties that
allow access to their ports
c. Internal waters may be governed by such treaties as those governing
some navigable European rivers.
4. States in practice exercise no control over internal matters,
except
a. When an offense on a ship affect the peace or good order of the coastal
state
b. When intervention is requested
c. When a non crew member is involved.
5. Cases
a. Military and Paramilitary Activities In and Against Nicaragua
b. Saudi Arabia vs. Arabian American Oil Company
C. Territorial Sea
1. Waters that stretch up to 12 miles from the baseline on the seaward
direction
2. Subject to the jurisdiction of the coastal state
3. Nature of jurisdiction over territorial waters: Approximately same as to
land territory, except that the coastal state must respect the rights to
a. Innocent passage: navigation through the territorial sea without entering
internal waters, going to internal waters, or coming from internal waters and
making for the high seas
The acts must be required by navigation or distress
Must not prejudice the peace, security, or good order of the coastal state
b. Transit passage (discussed under straits)
4. Baselines:
a. Normal Baseline Method territorial sea is drawn from the low-water mark
of the coast to the breadth claimed, following its sinuosites and curvatures,
excluding the internal waters in the bays and gulls
b. Straight Baseline Method straight lines are made to connect appropriate
points on the coast without departing radically from its general direction
D. Straits
1. Regime of transit passage: Applies to straits used for international
navigation from the high seas or EEZ to another part of the high seas or the
EEZ.
2. Transit passage: the freedom of navigation or overflight for the purpose of
expeditious or continuous passage from high seas or EEZ to high seas or
EEZ; must be expeditious and continuous. During transit passage, foreign
ships, including maritime scientific research and hydrographic survey ships,
may not carry out any research or survey activities without
the prior authorization of the bordering states.
Transit passage is inapplicable:
1. If there exists through the strait a route through the high seas or an EEZ of
similar convenience (freedoms of navigation and overflight apply)
2. If the strait is formed by an island of a state bordering the strait and its
mainland, and there exists seaward of the island a route to the high seas or
EEZ of similar convenience (innocent passage apples)
3. If the strait is between a part of the high seas or EEZ and the territorial
sea of another state (innocent passage applies).
3. Doctrine of Non-suspendable right of innocent passage applies
4. Case: Corfu Channel Case
Albanian authorities had the obligation of notifying the existence of a
minefield in Albanian territorial waters and in warning the British warships of
this imminent danger.
Basis of such obligation:
1. Elementary considerations of humanity, even more exacting in peace than
in war
2. The principle of freedom of maritime communication
3. Every State's obligation not to allow knowingly its territory to be used for
acts contrary to the rights of other States. Albania was aware of the mine-
laying since the geography of the strait easily allowed Albanian lighthouse
watchers to view such activities.
Innocent passage through straits is recognized by international law. The
decisive criterion is its geographical situation as connecting two parts of the
high seas and the fact of its being used for international navigation. The
nature of the Channel satisfies this criterion. It has been a useful route for
international maritime traffic. Passage through it therefore cannot be
prohibited by a coastal State in time of peace. Combat formation determines
if a passage is innocent.
E. Archipelagos/Archipelagic Waters
1. Archipelago a group of islands, including parts of islands, interconnecting
waters, and other natural features, which are closely interrelated in such
islands, waters and other natural features which form an intrinsic
geographical, economic and political entity, or which historically has been
regarded in such
Kinds of Archipelago
a. Coastal situated close to a mainland and may be considered a part
thereof, e.g. Loften Islands, Norway
b. Mid-ocean situated in the ocean at such distance from the coasts of
firm land, e.g.
Indonesia
2. Archipelagic states
a. Those made up of a group of islands or archipelagos
b. Examples: Philippines and Indonesia
c. Allowed to draw straight baselines between the outermost points of the
outermost islands, provided these points are sufficiently close to one another
and that within such baselines are included the main islands and an area in
which the water area to land area ratio is between 1:1 and 9:1. Some
guidelines in drawing the baselines:
Length shall not exceed 100 nautical miles, except that up to 3% of all the
baselines may reach up to 125 miles
Drawing of the baselines shall not depart to any appreciable extent from
the archipelagos general configuration
Shall not be drawn to and from low-tide elevations
Shall not be applied in such a manner as to cut off from the high seas or
EEZ the territorial sea of another State
3. Archipelagic waters
a. Waters inside the lines drawn by archipelagic states
b. State has full sovereignty over these waters, but it must provide for
archipelagic sea lanes and air routes through them
4. Archipelagic Doctrine - defines an archipelago as the unity of land and
waters either as a group of islands surrounded by waters or a body of waters
studded with islands.
Drawing Baselines: Drawn by connecting the appropriate points of the
outermost islands to encircle the islands within the archipelago. The waters
on the landward side of the baselines, regardless of breadth or dimensions,
are merely internal waters. (Sec. 1, Art. I of the Constitution) [1989 Bar]
F. The Contiguous Zone
1. Up to 24 miles from the baselines
2. Not technically part of the territory but the coastal State
may exercise the control necessary to prevent or punish
infringement of its fiscal, customs, immigration or sanitary
laws within territorial waters
G. The Continiental Shelf
1. Consists of the seabed and subsoil of the submarine areas extending
beyond a coastal state's territorial sea throughout the natural prolongation of
its land territory to the outer edge of the continental margin
2. Extent of claimable continental shelf
a. If the shelf does not extend beyond 200 miles: up to 200 miles outward
b. If it extends beyond this: State may claim a larger area, but no more than
350 miles from its baselines
3. The State has sovereign rights to explore and exploit the natural resources
of the shelf
4. Regime does not affect the regime of the waters and airspace above
H. The Exclusive Economic Zone
1. Up to 200 miles from its baselines; not part of the national territory but
exclusive economic benefit is reserved for the state
2. Rights of a State within its EEZ:
a. Sovereign rights: exploring and exploiting, conserving and managing
natural resources, whether living or non-living, of the waters super-adjacent
to the seabed
and subsoil
b. Jurisdiction with regard to:
i. Establishment and use of artificial islands,
installations and structures
ii. Marine scientific research
iii. Protection and preservation of the marine
environment and pollution control
c. Other rights and duties provided for in the UNCLOS (Art.
56, UNCLOS)
I. Delimitation of Maritime Boundaries
Maritime Delimitation Between Guinea-Bissau and Senegal
J. The High Seas
1. Not Territory any State (res communes or res nullus)
2. Customary regime of freedom of the high seas: Nearly
complete freedom of action in the high seas for the vessels
of all states
3. Exceptions
a. Hot pursuit, where a ship that violates a coastal State's
laws in its territorial waters or other ocean zones is
chased by the State's warships or military aircraft
b. Right of visit, by which a warship or military aircraft
may approach and board a ship when there are
reasonable grounds to suspect that the ship is engaged
in piracy, slave trade, etc.
K. Aerial Domain
Air space above the land and waters of the state
Air Freedoms for Scheduled International Services:
a. Freedom to fly across foreign territory without landing
b. Freedom to land for non-traffic purposes
c. Freedom to put down traffic originating in the state of
aircraft
d. Freedom to embark traffic destined for the state of
aircraft
e. Freedom to embark traffic destined for, or to put down
traffic coming from, third states
Outer Space
o The region beyond the earths atmosphere; not subject
to the jurisdiction of any state
o The exploration and use of outer space, including the
moon and other celestial bodies, shall be carried out
for the benefit and in the interests of ALL countries,
and shall be the province of all mankind
o Free from exploration and use by ALL States, on a basis
of equality and in accordance with international law,
and there shall be free access to all areas of celestial
bodies
o NOT subject to national appropriation by claim of
sovereignty, use, occupation, or by any other means
o Astronauts are envoys of mankind in outer space, and
states party to the Treaty on the Exploration and Use
of Outer Space shall render to them all possible
assistance in the event of accident, distress or
emergency landing on the territory of another State
party or on the high seas. When astronauts make such
a landing, they shall be safely and promptly returned
to the State of registry on their space vehicle
o Theories on where outer space begins:
a. Lowest altitude for artificial earth satellites to
orbit without being destroyed by friction (90 kms
above earth)
b. Functional approach that the rules shall not
depend on the boundaries set, but on the nature
of the activity undertaken (Nachura)

cardinal

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