Under International Law, The Philippines Has Sovereignty Over Its Territorial Sea (12 Nautical Miles), And

Jurisdiction Over Its EEZ (Beyond 12 Nautical Miles Up To 200 Nautical Miles)
It’s Really Just A Rocky Sandbar, But Its Location Holds Huge Political And Economic Significance. It Is A Strategic
Staging Area For Military Operations.
Citing The Economic, Ecological, And Food Security Of Current And Future Filipino Generations, The University Of
The Philippines Marine Science Institute (UP MSI) Urged The Protection Of The West Philippine Sea By Ensuring
The Enforcement Of The Filipinos’ Exclusive Access To The Area.
“Allowing Foreign Entities To Occupy And Exploit These Waters Would Be Tantamount To Denying Filipino
Fisherfolks Access To Their Own Food And Resources,”
UP MSI Scientists Stressed The Importance Of The West Philippine Sea, Which Comprises 40% Of The Country’s
Exclusive Economic Zone (EEZ), To The Nation’s Food Security In The Face Of A Sharp Decline In The Philippine
Fisheries Industry.
"Our Exclusive Economic Rights Also Come With Equal Responsibility To Protect, Manage, And Sustainably Use
The Resources In Our WPS EEZ – A Responsibility Enshrined In Our Constitution And National Laws," It Said.
Citing Reports Of Chinese Fishing Vessels Harvesting Endangered Giant Clams And Corals In The Area, The UP
MSI Said Such Activities Wreak Havoc On The Marine Environment, And Ultimately Affect The Food Supply Of
Many Filipinos. (READ: [ANALYSIS] Your Fish Is Your Future)
“Harvesting Of Clams And Corals, Dead Or Alive, Results In Significant Physical Damages And Ultimate Demise Of
The Habitats From Where They Were Taken. These Are The Same Habitats That Serve As Home And Breeding
Grounds Of Most Marine Life, And Source Of Food Of Many Filipinos,”
"We Are Weakening Our Position By Agreeing That China Can Fish In Our Exclusive Economic Zone,"
"How do you get a big and powerful state to comply with its obligations especially if you are a much smaller and
much less powerful state? It has to be by joining forces with other states that have similar interests in
encouraging China, in pressuring China, to comply with international law and to respect their sovereign rights,"
Reichler told Rappler.. He said the Philippines, for instance, can join forces with Indonesia, Vietnam, and other
Southeast Asian states "that have identical interests with the Philippines."
China has breached the Convention by interfering with the Philippines’ exercise of its sovereign rights and
jurisdiction."
China prevents Filipinos from fishing in the West Philippine Sea. UNCLOS, on the other hand, gives Filipinos the
exclusive rights to fish within the Philippines' EEZ in the disputed waters.
China has irreversibly damaged the regional marine environment, in breach of UNCLOS, by its destruction of coral
reefs in the South China Sea, including areas within the Philippines’ EEZ, by its destructive and hazardous fishing
practices, and by its harvesting of endangered species." China is building artificial islands in the West Philippine
Sea. The Philippines says China's reclamation activities have buried 311 hectares of coral reefs – around 7 times
the size of Vatican City. This can mean P4.8 billion ($106.29 million) in lost economic benefits.

MANILA, Philippines – Filipinos fumed when President Rodrigo Duterte stressed that the Philippines has "no
sovereignty" over its exclusive economic zone (EEZ) in the West Philippine Sea.
"No country in the world has sovereignty over its exclusive economic zone," Duterte said in a speech on June 26.
Duterte had also said on June 21 that the sinking of a Filipino fishing boat by a Chinese ship in Recto Bank (Reed
Bank) in the West Philippine Sea "was not an attack on our sovereignty."
Is Duterte correct?

Or as Presidential Spokesperson Salvador Panelo, a lawyer, asked a reporter in a press conference on June 27,
"Ano ba ang difference ng sovereign rights at saka sovereignty. Meron ba (What's the difference between
sovereign rights and sovereignty. Is there a difference)?"
Rappler consulted two of the Philippines' leading experts on the West Philippine Sea – Supreme Court Senior
Associate Justice Antonio Carpio and Jay Batongbacal, director of the University of the Philippines Institute for
Maritime Affairs and the Law of the Sea.
The short answer is: Yes, under international law, the Philippines has no sovereignty – and only has sovereign
rights – over its EEZ in the West Philippine Sea.
The Philippine government is duty-bound to defend its sovereign rights over the West Philippine Sea, experts said.
What is the difference between sovereignty and sovereign rights?
Batongbacal explained that sovereignty "is like full ownership of property, with all the rights it implies, including
the right to destroy it." Sovereignty applies to the Philippines' landmass and its 12-nautical mile territorial sea.
Exclusive sovereign rights function "like usufruct, a right to use and enjoy property," said Batongbacal.
Sovereign rights allow the Philippines to exclusively fish and enjoy marine resources, such as oil and natural gas, in
its 200-nautical mile EEZ in the West Philippine Sea.
CHINA'S VICTIM. Gem-Ver is the Filipino fishing boat rammed and sunk by a Chinese ship in the West Philippine
Sea. Photo by LeAnne Jazul/Rappler
CHINA'S VICTIM. Gem-Ver is the Filipino fishing boat rammed and sunk by a Chinese ship in the West Philippine
Sea. Photo by LeAnne Jazul/Rappler
"You don't need to be an owner of property to be able to use and enjoy it. For example, if you rent property, you
don't own it but are using and enjoying it, and are entitled to even defend it against trespassers, because you
have the sole right to possess it," Batongbacal said.

Does the Philippines have sovereignty or sovereign rights over its EEZ?
Carpio explained: "Under international law, the Philippines has sovereignty over its territorial sea (12 nautical
miles), and jurisdiction over its EEZ (beyond 12 nautical miles up to 200 nautical miles). International law does not
recognize sovereignty beyond the 12-nautical mile territorial sea."
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Duterte reiterates that pushing for the country's sovereign rights in the West Philippine Sea would lead to war
with China, and that his 'fishing deal' with the Chinese is legal
Batongbacal also said "we don't have sovereignty" over our EEZ.
What does the Philippine Constitution state?
Article I of the 1987 Constitution states:
"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 other
submarine areas."
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Carpio told Rappler: "The Constitution does not expressly say we only have sovereign rights in our EEZ. But under
UNCLOS, which we have ratified and forms part of our domestic statutory law, we only have sovereign rights in
our EEZ."
The Constitution is however clear about its duty to protect its EEZ "exclusively" for Filipinos.
Article XII, Section 2 of the Constitution mandates: "The State shall protect the nation's marine wealth in its
archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to
Filipino citizens."
How does one harmonize the Philippine Constitution and international law?
Carpio explained that the law operates in two areas – domestic and international.
EXPERTS. Supreme Court Senior Associate Justice Antonio Carpio (center) and maritime law expert Jay
Batongbacal (right) speak in a forum on the South China Sea dispute on November 23, 2018. Photo by LeAnne
Jazul/Rappler
EXPERTS. Supreme Court Senior Associate Justice Antonio Carpio (center) and maritime law expert Jay
Batongbacal (right) speak in a forum on the South China Sea dispute on November 23, 2018. Photo by LeAnne
Jazul/Rappler
"Our domestic law is anchored on our Constitution which defines our national territory to include 'other
submarine areas' over which the Philippines has 'sovereignty OR jurisdiction,'" said Carpio.
International law states that the Philippines has "sovereignty" over its territorial sea and "jurisdiction" over its
EEZ.
"The rule is, as repeatedly held by the Supreme Court, in case of conflict between our Constitution and
international law, our Constitution will prevail, and this is what our government officials must follow," the justice
said.
"However, we can avoid a conflict by classifying our national territory into two: those over which the Philippines
has sovereignty, and those over which the Philippines has jurisdiction," he added.
Where do we go from here?
Carpio said the Philippines "must defend both types of national territory because that is the mandate of the
Constitution."
"Just because we do not have sovereignty, but only sovereign rights, in our EEZ does not mean we should not
protect our EEZ. Sovereign rights are priceless too, that is why the Constitution directs the State to protect its
marine wealth in its EEZ," said Carpio.
Batongbacal said: "Going back to the EEZ, yes, we don't have sovereignty over it, but that doesn't mean we
cannot defend our exclusive sovereign rights over it. Even though we don't own or have sovereignty over the
entire EEZ, we have every right to assert or defend our rights to the natural resources in it."
Duterte however, downplayed the constitutional provision on the country's marine resources.
CLOSE TIES. President Rodrigo Duterte is accompanied by Chinese President Xi Jinping inside the Great Hall of the
People in Beijing prior to their bilateral meeting on April 25, 2019. Malacañang photo
CLOSE TIES. President Rodrigo Duterte is accompanied by Chinese President Xi Jinping inside the Great Hall of the
People in Beijing prior to their bilateral meeting on April 25, 2019. Malacañang photo
"That provision is for the thoughtless and the senseless. The protection about economic rights, about the
economic zone, resources? I am protecting the country and 110 million Filipinos," the Philippine leader said on
June 27.
He said the Constitution is meaningless if war with China erupts.
"I would say, 'If you don't have anything to wipe your butt with, use that Constitution of yours.' Because that
means war and that piece of paper, the Constitution, will become meaningless with no spirit except desperation,
agony, and suffering," Duterte said. –