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(1975)]
Facts. Both the United States (P) laid claim to the ownership of the Island of Palmas.
While the U.S. (P) maintained that it was part of the Philippines, the Netherlands (D)
claimed it as their own. The claim of the U.S. (P) was back up with the fact that the
islands had been ceded by Spain by the Treaty of Paris in 1898, and as successor to
the rights of Spain over the Philippines, it based its claim of title in the first place on
discovery. On the part of the Netherlands (D), they claimed to have possessed and
exercised rights of sovereignty over the island from 1677 or earlier to the present.
Issue. Can a title which is inchoate prevail over a definite title found on the
continuous and peaceful display of sovereignty?
Held. (Huber, Arb.). No. A title that is inchoate cannot prevail over a definite title
found on the continuous and peaceful display of sovereignty. The peaceful and
continuous display of territorial sovereignty is as good as title. However, discovery
alone without subsequent act cannot suffice to prove sovereignty over the island.
The territorial sovereignty of the Netherlands (D) was not contested by anyone from
1700 to 1906. The title of discovery at best an inchoate title does not therefore
prevail over the Netherlands (D) claims of sovereignty.
Discussion. Evidence of contracts made by the East India Company and the
Netherlands (D) was examined by the arbitrator. The claims made by the
Netherlands (D) were also based on the premise of the convention it had with the
princes and native chieftains of the islands. Hence, at the time of the Treaty of Paris
in 1898, Spain was found not to have dominion over the island. y 4,700 private U.S.
claims, ordered payment by Iran (D) to U.S. nationals amounting to over $2.5 billion.
Section 2. The definition of the baselines of the territorial sea of the Philippine Archipelago
as provided in this Act is without prejudice to the delineation of the baselines of the territorial
sea around the territory of Sabah, situated in North Borneo, over which the Republic of the
Philippines has acquired dominion and sovereignty.
Magalona vs Ermita
Archipelagic Doctrine
MAGALONA VS ERMITA
vs
Facts:
In March 2009, R.A. 9522 was enacted by the Congress to comply with
the terms of the United Nations Convention on the Law of the Sea
(UNCLOS III), which the Philippines ratified on February 27, 1984.
Hence, petitioners files action for the writs of certiorari and prohibition
assails the constitutionality of Republic Act No. 95221 (RA 9522)
adjusting the country’s archipelagic baselines and classifying the
baseline regime of nearby territories.
Issues:
Discussions:
Rulings:
Additionally, The Court finds that the conversion of internal waters into
archipelagic waters will not risk the Philippines as affirmed in the
Article 49 of the UNCLOS III, an archipelagic State has sovereign power
that extends to the waters enclosed by the archipelagic baselines,
regardless of their depth or distance from the coast. It is further stated
that the regime of archipelagic sea lanes passage will not affect the
status of its archipelagic waters or the exercise of sovereignty over
waters and air space, bed and subsoil and the resources therein.
The Court further stressed that the baseline laws are mere mechanisms
for the UNCLOS III to precisely describe the delimitations. It serves as a
notice to the international family of states and it is in no way affecting or
producing any effect like enlargement or diminution of territories.