Polsc2 8 national territory

ARTICLE I NATIONAL TERRITORY

ARTICLE 1, SECTION 1 The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, maritime, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of internal waters of the Philippines.

NECESSITY OF CONSTITUTIONAL PROVISION ON NATIONAL TERRITORYBinding force of such provision under international law.

Value of provision defining our national territory.

Acquisition of other territories.

Binding force of such provision under international law

A State under the international law has the unquestioned right to assert jurisdiction throughout the extent of its territoryIf there is a territorial dispute it should be settled according to the international law.

Value of provision defining our national territory.

It is important to know so that we and the other nations would know the boundaries of our country.the Philippines can promulgate and enforce its laws within our country.

ACQUISITION OF OTHER TERRITORIES. does not prevent the Philippines from acquiring new territories by means of purchase, exchange, and such.

NATIONAL TERRITORY OF THE PHILIPPINES

The Philippine archipelago with all the

islands and waters embraced therein

All other territories over which the Philippines has sovereignty or

jurisdiction

The terrestrial, fluvial, maritime, and aerial

domain and the territorial sea, the

seabed, etc.

The internal waters

Philippines territory

OTHER TERRITORIES OVER WHICH THE PHILIPPINES HAS

SOVEREIGNTY OR JURISDICTION

PENDING PHILIPPINE CLAIM TO SABAH, ETC

According to the 1973 constitution,

“all the other territories belonging to the Philippines by historic right or legal title”It was amended during the 1987 Phil. Constitution.

PENDING PHILIPPINE CLAIM TO SABAH, ETC

Pending

clams

Sabah

Spratly

islands

Marianas

island

Any other territory over which the Philippines has sovereignty or jurisdiction

FUTURE CLAIMS BY THE PHILIPPINES TO OTHER AREAS The deletion of “by historic right or legal title” is designed to improve our relations with Malaysia while allowing flexibility in pursuing the Sabah claim

OTHER AREAS INCLUDED IN THE PHILIPPINE ARCHIPELAGO.

Territorial sea• Part of the

sea extending 12 nautical miles (19km) from the low water mark

Seabed • The land

that holds the sea

Subsoil • Refers to

everything beneath the surface soil and the seabed

Insular shelves• Submerged

portions of a continent or offshore island

Other submarine areas• All areas under

the territorial sea like seamount, trough, trench, basin, deep, bank, etc

THREE-FOLD DIVISION OF NAVIGABLE WATERS. Waters of the earth

(international law)Inland

or internal waters

Territorial sea

High open seas

THE SOUTH CHINA SEA ARBITRATION

(THE REPUBLIC OF THE PHILIPPINES V. THE PEOPLE’S REPUBLIC OF CHINA)

Historic Rights and the ‘Nine-Dash Line’ Status of Features Lawfulness of Chinese Actions Harm to Marine Environment Aggravation of Dispute

1734 VELARDE MAP

THE PHILIPPINE POSITION

FATAL EFFECT APPLICATION OF 12 MILE RULE It would mean the dismemberment of the archipelago with:the Sibuyan sea separating the Visayas,the Mindanao Strait and the Sulu isolating Palawan from the rest of the archipelago.

Several areas of waters would cease to be Philippine waters;

They would become international waters or high

seas,

And fishing vessels from all nations can enter

Fatal effect application of 12-mile

rule

And fishing vessels from all nations can enter

Warships of unfriendly nations could enter these waters and stay

We would lose a large part of our territory

Fatal effect application of 12-mile

rule

A SINGLE NATION AND A UNITED STATE

One whole unitary

governmentBound by a

common heritage,

Beholden to the same tradition

Pursuing the same ideals

Interdepen-dent and united politically

Economically and socially as

one

RECOGNIZED BY U.N. CONVENTION ON LAW OF THE SEA (UNCLOS) The archipelago principle and the exclusive economic zone (EEZ) rights are now fully recognized in the U.N. Law of the Sea Convention. It was approved by the interim Batasang Pambansa on February 27, 1984.

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