Politics and Governance with Philippine Constitution

Politics and Governance with Philippine Constitution BSIT II. Article I – National Territory 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, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and the other submarine areas.

The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. Necessity of constitutional provision on National Territory The constitution begins with a delimitation of our national territory. 1. Binding force of such provision under international law. 2. Value of provision defining our national territory. 3. Acquisition of other territories. National Territory of the Philippines

As provided in the Article I, it comprises: 1. The Philippine archipelago with all the islands and waters embraced therein; 2. All the other territories over which the Philippines has sovereignty or jurisdiction; 3. The terrestrial, fluvial and aerial domains including the territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas thereof; and 4. The internal waters. Archipelago – Derived from Greek word pelages meaning “sea”. Defined as a sea or part of a sea studded with islands, often synonymous with island groups or as large group of islands in an extensive body of water such as sea. Other territories over which the Philippines has sovereignty or jurisdiction 1. Pending Philippine claim to Sabah, etc. 2. The future claims by the Philippines to other areas. Other areas included in the Philippine archipelago 1. The territorial sea 2. The seabed (or the sea floor or sea bottom). 3. The subsoil. 4. Insular shelves (or the continental shelves) 5.

Other submarine areas. Three-fold division of navigable waters 1. Inland or internal waters. 2. Territorial sea. 3. High or open sea. The Philippine position The archipelago theory is in reality an exception to the three-mile rule (now 12-mile rule). This rule does not adequately protect Philippine interest at all. 1. Fatal effect of application of 12 mile rule upon territorial integrity of the Philippines. 2. The Philippines, a single nation and a united State. 3. Archipelago principle fully recognized by UN Law of the Sea Convention.

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