Knowledge Portfolio - Group 2 - Statehood and Territory PDF

Constitutional Law 1 | Atty.
Mark Badayos | EH 204 | Group 2 | Knowledge Portfolio
including its attachments, and

STATEHOOD & TERRITORY ● to prohibit the slated signing of the MOA-AD,
pending the disclosure of the contents of the
I. DEFINITION OF A STATE; ELEMENTS OF A STATE MOA-AD and the holding of a public consultation
Prepared by: Tariman thereon
State ● pray that the City of Zamboanga be excluded from
the Bangsamoro Homeland and/or Bangsamoro
- 4 elements; people, territory, government, Juridical Entity and, in the alternative, that the
sovereignty MOA-AD be declared null and void.
- A community of persons more or less numerous, ● praying that respondents be enjoined from signing
permanently occupying a definite portion of the MOA-AD or, if the same had already been
territory, independent of external control, and signed, from implementing the same, and that the
possessing an organized government to which MOA-AD be declared unconstitutional
the great body of inhabitants render habitual ● praying to declare null and void the MOA-AD and
obedience without operative effect and those respondents
enjoined from executing the MOA-AD.
Province of North Cotabato v. Government of the
Republic of the Philippines They alleged that respondents GRP Panel and PAPP
Constitutionality of the memorandum of Esperon drafted the terms of the MOA-AD without
agreement of ancestral domain (MOA AD) was consulting the local government units or communities
challenged. Such agreement was entered into affected, nor informing them of the proceedings.
by the Philippine Gov’t and the MILF as part of
the peace process in Mindanao and it created
the Bangsamoro Juridical Entity. Q2. How did the respondent defend the
constitutionality of the MOA-AD?
FACTS:
● The MOA-AD is a result of various agreements
AT ALL EVENTS, respondents effectively waived the
entered into by and between the government defense of executive privilege in view of their
and the MILF starting in 1996; unqualified disclosure of the official copies of the final
● then in 1997, they signed the Agreement on draft of the MOA-AD.
General Cessation of Hostilities;
● and the following year, they signed the General - Position: plebiscite is “more than sufficient
Framework of Agreement of Intent on August consultation.”
27, 1998.
● However, in 1999 and in the early of 2000, the
Respondents have admitted as much in the oral
MILF attacked a number of municipalities in arguments before this Court, and the MOA-AD itself
Central Mindanao. recognizes the need to amend the existing legal
● In March 2000, they took the hall of
framework to render effective at least some of its
Kauswagan, Lanao del Norte; hence, then Pres. provisions.
Estrada declared an all-out war-which tolled
the peace negotiation. Respondents, nonetheless, counter that the MOA-AD
● It was when then Pres. Arroyo assumed office, is free of any legal infirmity because any provisions
when the negotiation regarding peace in therein which are inconsistent with the present legal
Mindanao continued. MILF was hesitant; framework will not be effective until the necessary
however, this negotiation proceeded when the changes to that framework are made.
government of Malaysia interceded.
● Formal peace talks resumed and MILF
Q3. Is the Bangsamoro Juridical Entity a state?
suspended all its military actions. The Tripoli Explain the concept of an associated state.
Agreement in 2001 led to the ceasefire between
the parties. After the death of MILF Chairman Yes, BJE is an associated state, characterized by
Hashim and Iqbal took over his position, the shared authority and responsibility. And it states that
crafting of MOA-AD in its final form was born the structure of governance is to be based on
. executive, legislative, judicial, and administrative
Q1. What was the petitioner’s argument against the institutions with defined powers and functions in the
constitutionality of the MOA AD? Comprehensive Compact.

● Invoking the right to information on matters of
The MOA-AD provides that its provisions requiring
public concern, petitioners seek to compel "amendments to the existing legal framework" shall
respondents to disclose and furnish them the take effect upon signing of the Comprehensive
complete and official copies of the MOA-AD Compact and upon effecting the aforesaid
amendments, with due regard to the non-derogation of
Notes By:
Alcular | Chan | Duran | Grengia | Luzon | Oliamot | Oliver | Pestano | Tariman | Yray
Constitutional Law 1 | Atty. Mark Badayos | EH 204 | Group 2 | Knowledge Portfolio
prior agreements and within the stipulated time frame (C) Terrestrial, Fluvial, and Aerial Domains, territorial
to be contained in the Comprehensive Compact. sea, seabed, subsoil, insular shelves, other submarine
areas
The BJE is granted the power to build, develop and (D) Internal Waters of the Philippines
maintain its own institutions inclusive of civil service,
electoral, financial and banking, education, legislation, (B) The Philippine Archipelago
legal, economic, police and internal security force,
judicial system and correctional institutions, the Q1. Short explanation of the Sources
details of which shall be discussed in the negotiation of ⎯ Article 1, 1935 Constitution
the comprehensive compact. Article I.—THE NATIONAL TERRITORY Section 1. The
Philippines comprises all the territory ceded to the
United States by the treaty of Paris concluded between
Q4. What are the specific provisions in the MOA-AD the United States and Spain on the tenth day of
which are consistent with association? December, eighteen hundred and ninety-eight, the limits
of which are set forth in Article III of said treaty, together
● the BJE's capacity to enter into economic and trade with all the islands embraced in the treaty concluded
relations with foreign countries, at Washington, between the United States and Spain on
● the commitment of the Central Government to the seventh day of November, nineteen hundred, and in
ensure the BJE's participation in meetings and the treaty concluded between the United States and
events in the ASEAN and the specialized UN Great Britain on the second day of January, nineteen
agencies, hundred and thirty, and all territory over which the
● and the continuing responsibility of the Central present Government of the Philippine Islands exercises
Government over external defense. jurisdiction.
● Moreover, the BJE's right to participate in
Philippine official missions bearing on negotiation of ⎯ Article 3, Treaty of Paris
border agreements, environmental protection, and
sharing of revenues pertaining to the bodies of water Spain cedes to the United States the archipelago known
adjacent to or between the islands forming part of as the Philippine Islands, and comprehending the islands
the ancestral domain, resembles the right of the lying within the following line:
governments of FSM and the Marshall Islands to be
consulted by the U.S. government on any foreign A line running from west to east along or near the
affairs matter affecting them. twentieth parallel of north latitude, and through the
middle of the navigable channel of Bachi, from the one
Q5. What are the elements of a state under the hundred and eighteenth (118th) to the one hundred and
Montevideo Convention? twenty seventh (127th) degrees meridian of longitude east
of Greenwich, thence along the one hundred and twenty
● a permanent population; seventh (127th) degree meridian of longitude east of
● a defined territory; Greenwich to the parallel of four degree and forty five
● a government; and minutes (4°45′) north latitude, thence along the parallel of
● a capacity to enter into relations with other states four degrees and forty five minutes (4°45′) north latitude
to its intersection with the meridian of longitude one
II. THE PHILIPPINE TERRITORY hundred and nineteen degrees and thirty five minutes
Prepared by: Chan (119°35′) east of Greenwich, thence along the meridian of
(A) Article 1, 1987 Constitution longitude one hundred and nineteen degrees and thirty
Article 1. The national territory comprises the five minutes (119°35′) east of Greenwich to the parallel of
Philippine archipelago, with all the islands and waters latitude seven degrees and forty minutes (7°40′) north,
embraced therein, and all other territories over which thence along the parallel of latitude seven degrees and
the Philippines has sovereignty or jurisdiction, forty minutes (7°40′) north to its intersection with the one
hundred and sixteenth (116th) degree meridian of
consisting of its terrestrial, fluvial, and aerial longitude east of Greenwich, thence by a direct line to the
domains, including its territorial sea, the seabed, the intersection of the tenth (10th) degree parallel of north
subsoil, the insular shelves, and other submarine latitude with the one hundred and eighteenth (118th)
areas. The waters around, between, and connecting degree meridian of longitude east of Greenwich, and
the islands of the archipelago, regardless of their thence along the one hundred and eighteenth (118th)
breadth and dimensions, form part of the internal degree meridian of longitude east of Greenwich to the
waters of the Philippines. point of beginning.

(A) The Philippine Archipelago
(B) All other territories over which the Philippines has
sovereignty or jurisdiction ⎯ Treaty of Washington

Notes By:
Spain relinquishes to the United States all title and claim latitude and the meridian of longitude one hundred
of title, which she may have had at the time of the seventeen degrees fifty-eight minutes (117°58′) east of
conclusion of the Treaty of Peace of Paris, to any and all Greenwich;
islands belonging to the Philippine Archipelago, lying
outside the lines described in Article III of that Treaty and thence due north along the meridian of longitude one
particularly to the islands of Cagayan, Sulu and Sibutu hundred seventeen degrees fiftyeight minutes (117° 58′)
and their dependencies, and agrees that all such islands east of Greenwich to its intersection with the parallel of
shall be comprehended in the cession of the Archipelago six degrees fifty-two minutes (6° 52′) north latitude;
as fully as if they had been expressly included within
those lines thence in a straight line approximately 315° 16′ true (N
44° 44′ W) to the intersection of the parallel of seven
⎯ 1930 Treaty between US and Britain degrees twenty-four minutes forty-five seconds (7° 24′
45″) north latitude with the meridian of longitude one
It is hereby agreed and declared that the line separating hundred seventeen degrees twenty-five minutes thirty
the islands belonging to the Philippine Archipelago on the seconds (117° 25′ 30″) east of Greenwich;
one hand and the islands belonging to the State of North
Borneo which is under British protection on the other thence in a straight line approximately 300° 56′ true (N
hand shall be and is hereby established as follows: 59° 4′ W) through the Mangsee Channel between
Mangsee Great Reef and Mangsee Islands to the
From the point of intersection of the parallel of four intersection of the parallel of seven degrees forty minutes
degrees forty-five minutes (4°45′) north latitude and the (7° 40′) north latitude and the meridian of longitude one
meridian of longitude one hundred twenty degrees (120° hundred seventeen degrees (117° 0′) east of Greenwich,
0) east of Greenwich, (being a point on the boundary the latter point being on the boundary defined by the
defined by the Treaty between the United States of Treaty between the United States of America and Spain
America and Spain signed at Paris, December 10, 1898), signed at Paris, December 10, 1898.
a line due south along the meridian of longitude one
hundred twenty degrees (120° 0′) east of Greenwich to its Article 1 1973 Constitution
point of intersection with the parallel of four degrees
twenty-three minutes (4° 23) north latitude; Article 1. The national territory comprises the
Philippine archipelago, with all the islands and waters
thence due west along the parallel of four degrees embraced therein, and all the other territories
twenty-three minutes (4° 23) north latitude to its belonging to the Philippines by historic right or legal
intersection with the meridian of longitude one hundred title, including the territorial sea, the air space,
nineteen degrees (119° 0′) east of Greenwich; the subsoil, the sea-bed, the insular shelves, and
the other submarine areas over which the
thence due north along the meridian of longitude one Philippines has sovereignty or jurisdiction. The
hundred nineteen degrees (199°0′) east of Greenwich to waters around, between, and connecting the islands of
its intersection with the parallel of four degrees forty-two the archipelago, irrespective of their breadth and
minutes (4°42″) north latitude; dimensions, form part of the internal waters of the
Philippines
thence in a straight line approximately 45° 54′ true (N 45°
54′ E) to the intersection of the parallel of five degrees Committee Chairman Quintero (1972
sixteen minutes (5° 16′) north latitude and the meridian Constitutional Commission): to trace what
of longitude one hundred nineteen degrees thirty-five comprises the ‘Philippine Archipelago’, reference must
minutes (119° 35′) east of Greenwich; be made to the 1935 Constitution

thence in a straight line approximately 314° 19′ true (N Article 1 1935 Constitution
45° 41′ W) to the intersection of the parallel of six degrees
(6° 0′) north latitude and the meridian of longitude one Article 1. The Philippines comprises all the territory
hundred eighteen degrees fifty minutes (118° 50′) east of ceded to the United States by the Treaty of Paris
Greenwich; concluded between the United States and Spain on
the tenth day of December, eighteen hundred and
thence due west along the parallel of six degrees (6° 0′) ninety eight, the limits which are set forth in Article
north latitude to its intersection with the meridian of III of said treaty, together with all the islands
longitude one hundred eighteen degrees twenty minutes embraced in the treaty concluded at Washington
(118° 20′) east of Greenwich; between the United States and Spain on the seventh
day of November, nineteen hundred, and the treaty
thence in a straight line approximately 307° 40′ true (N concluded between the United States and Great
52° 20′ W) passing between Little Bakkungaan Island and
Great Bakkungaan Island to the intersection of the Britain on the second day of January, nineteen
parallel of six degrees seventeen minutes (6° 17′) north hundred and thirty, and all territory over which the
Notes By:
present Government of the Philippine Islands ▪ Southern most point: Portions of the Sulu
exercise jurisdiction. Archipelago
▪ Western most point: Palawan
Island of Batanes – part of the Philippine archipelago ▪ Eastern most point: East Mindanao (Couldn’t find
because at the time of the adoption of the 1935 an exact coordinate location)
Philippine Constitution, the Philippines already
exercised jurisdiction over which (all territory over • Washington Treaty
which the present Government of the Philippine o Expanded Philippine territories by adding:
Islands exercises jurisdiction.) ▪ Batanes (above Babayan islands)
▪ Sulu Archipelago
PHILIPPINE ARCHIPELAGO (Islands embraced in the ▪ Sibutu
▪ Cagayan Sulu Island
Treaties in the 1935 Constitution)
• 1930 treaty between US and Great Britain
o Made to define the borders to Greater Britain’s North
Borneo (now Malaysia)
▪ Added Great Bakkungaan island and Mangsee
island to the Philippines
▪ Cagayan Sulu Island (now known as Mapun
Island) given to North Borneo

(C). Territories over which the Philippines has
sovereignty or jurisdiction
Prepared by: Luzon

Q1. Briefly explain how the Philippines acquired
jurisdiction over those territories

⎯ Sabah
⎯ Spratlys // Kalayaan Island Groups
⎯ Bajo de Masinloc // Scarborough Shoal
⎯ Marianas Island

Q2. Identify the legal documents in which the Philippines
officially declared its sovereignty or jurisdiction over these
territories.

SABAH
SECTION 2, R.A. 5446 (1968)

The rectangle enclosing the Philippines is the delimitation The definition of the baselines of the territorial sea of the
of the Philippine archipelago based on the Treaties Philippine Archipelago as provided in this Act is without
mentioned above. prejudice to the delineation of the baselines of the territorial
sea around the territory of Sabah, situated in North Borneo,
The Philippine Archipelago is a body of water studded with over which the Republic of the Philippines has acquired
islands. The Philippine Archipelago does not just refer to dominion and sovereignty.|||
the outer configuration of the outermost islands of the (Amendment to R.A. No. 3046 Re: Baselines of Philippine
Philippines but to the entire body of water enclosed in the Territorial Sea, SECTION 2, R.A. 5446 (1968)
rectangle and all the islands studded therein.
● Sultanate of Sulu was granted the north-eastern part of
Q2. Name the islands/territories embraced by the treaties Borneo on 1658 (Sabah)
mentioned in the 1935 Constitution and the terrirtoy/ies ● Sultanante of Sulu Relinguished their rights to Spain
over which the Philippines Exercises Jurisdiction. on 1978
● Spain withdrew its claim on 1885
• Treaty of Paris ● North Borneo became a British protectorate on 1888
o Majority of the Philippines as we know it (Island clusters ● President Diosdado Macapagal claimed North Borneo
of Luzon, Visayas, and Mindanao) as ceded by the heirs of the Sultanate of Sulu (1962)
▪ Northern most point: Babayan islands ● R.A. 5446 (1968) PH claimed Sabah as its territory
Notes By:
however the following administration exercised Marianas island based on “historical right or legal title”
"abeyance" over the territory ● Historical claims could be invoked since the island was
● 2011 SC ruled that claim over Sabah may be retained a province of the Philippines according to Apolinario
Mabini’s books and President Aguinaldo also claimed
SPRATLYS//KALAYAAN GROUP OF ISLANDS that Marianas was part of the Philippines as a Province.
P.D. 1596 (1978) ISSUED BY: PRESIDENT MARCOS However, no President pursued to claim Marianas and
therefore it had become stale.
these areas do not legally belong to any state or nation but, ● Article 1 of the 1935 Constitution mentioned that
by reason of history, indispensable need, and effective “Philippines comprises all territory ceded to the United
occupation and control established in accordance with States by Spain through the Treaty of Paris.” “Including
international law, such areas must now be deemed to which the Government of the Philippine Islands has
belong and subject to the sovereignty of the Philippines; Jurisdiction

● 1939 the group of Islands were conquered by Japan via Q3. Read The South China Sea Arbitration (The Republic of
Taiwain Philippines v. The People's Republic of China) PCA Case Nº
● 1947 China created the 9 dash line 2013-19 issued on July 12, 2016
● 1946 America reminded the Philippines that Spratlys
was not part of the Treaty of Paris The Republic of the Philippines vs. The People’s
● 1956 Tomas Cloma declared the islands as a new RepublMariana Islandsic of China Case No. 2013-19 in
municipality named "Kalayaan" the Permanent Court of Arbitration Before the Arbitral
● 1956 Tawain excercised effective occupation on one of Tribunal constituted under UNCLOS Annex VII 12 July
its islands (Itu Aba) 2016
● 1971 Philippine vessel was attacked by Taiwanese Prepared by: Alcular
troops FACTS
● 1978 P.D. 1596 declared Spratyls as a subject to
Philippine soveriegnty In a letter addressed to the UN, China opposed Malaysia
and Vietnam’s submission to UNCLOS III seeking to extend
BAJO DE MASINLOC// continental shelf rights within the South China Sea. China
SCARBOROUGH SHOAL claimed that they have all maritime rights and entitlements
SECTION 2, R.A. 9522 (2009) to the area encompassed within the NINE DASH LINE.
Regime of Islands under the Republic of the Philippines
consistent with Article 121 of UNCLOS: The Philippines questioned the legality of China’s NINE
a. Kalayaan Island Group (P.D. 1596) DASH LINE which encompasses the perimeter of South
b. Bajo de Masinloc a.k.a. Scarborough Shoal China Sea. The NINE DASH LINE is said to be 350 – 850
nautical miles from China’s main coast. Both countries are
● Philippines asserts its claim over Bajo de masinloc of part of the UNCLOS and thus are both subject to the
the basis of International Law in acquisition of Convention.
soveriegnty
● PH claims to excercise 'effective occupation' and Based on the UNCLOS III, countries have jurisdiction over
'effective jurisdiction' through the various activities 200 nautical miles from its main coast. This is the
conducted in the area like military exercises, scientific Exclusive Economic zone and continental shelf.
exploration, fishing area for Filipino fishermen. It is also
reported that they have erected flags and lighthouse in The NINE DASH LINE takes a huge chunk of the Exclusive
the said shoal Economic Zone of the Philippines as well as neighboring
● It is well within the 200 nautical miles EEZ of the countries such as Vietnam, Brunei, Malaysia and
Philippines Indonesia. It is situated 50 Nautical Miles North of Luzon;
● The shoal was also part of P.D. 1596 and 30 Nautical Miles South of Palawan.

MARIANA ISLANDS ISSUES
● The islands were a part of the Philippines during the 1. To resolve a dispute between the parties regarding the
Spanish Colonization source of maritime rights and entitlements in the South
● It was recognized as a part of the Government of China Sea;
Philippine islands under the colony of Spain 2. To resolve a dispute between the parties concerning the
● In 1898 when the Spaniards lost the Spanish-American entitlements to maritime zones that would be generated
war they ceded Guam to the United States under the Convention by Scarborough Shoal and certain
● 1986 Journal 20 and R.C.C. 20 of the Philippine maritime features in the Spratly Islands that are claimed by
Constitutional Commission: It was mentioned that both the parties;
Philippines could possible include a claim over 3. To resolve a series of disputes concerning the lawfulness
Notes By:
of China’s actions in the South China Sea, vis-à-vis Philippines over its fisheries in its exclusive economic zone.
interfering with Philippine’s rights, failing to protect and
preserve the marine environment, and inflicting harm on 4. The Tribunal found that China, through the actions of its
the marine environment (through land reclamation and law enforcement vessels, endangered Philippine vessels and
construction of artificial islands); personnel and created a serious risk of collision and found
4. To find that China has aggravated and extended the China in breach of Article 94 of the Convention. The
disputes between the Parties by restricting access to a Tribunal, in response to Submission 14 of the Philippines,
detachment of Philippines Marines stationed at Second opined that China had, in the course of the proceedings of
Thomas Shoal. this arbitration, aggravated and extended its disputes with
Philippines, through its actions of dredging, artificial island
RULING: building and construction activities.
1. China’s NINE DASH LINE contravened the convention
which provides for the EZZ of countries. (200nautical miles (D) Components of Territory
off the main coast. The NINE Dash Line is 350- 850nautical Prepared by: Oliamot
miles off the main coast of China) ⎯ “…terrestrial, fluvial, and aerial domains, including its
territorial sea, the seabed, the subsoil, the insular
2. The Philippines put forward three categories for shelves, and other submarine areas.”
classifying low-tide elevations: where a low-tide elevation is
located within 12 miles of a high-tide feature, where the Q1. Following the Comments of Commissioner Azcuna os
low-tide elevation is beyond 12 miles but within the state’s the 1986 Constitutional Commission, define each of the
exclusive economic zone or continental shelf, and where the components of territory.
low-tide elevation is located beyond the areas of natural
jurisdiction. a. Terrestrial Domain
- Its land territory
The Tribunal concluded that Scarborough Shoal, Cuarteron - Includes all surfaces of land above the sea that belong to
Reef, Fiery Cross Reef, Johnson Reef, McKennan Reef and the Philippines.
Gaven Reef (North) were all found to be high-tide features. - These are the ones included within the base lines of the
The Tribunal further noted that for the purposes of Article archipelago.
121(3), the high-tide features at Scarborough Shoal and the b. Fluvial Domain
reefs were rocks that cannot sustain human human - Its water territory
habitation or economic life of their own and so have no - Includes the inland waters: bays and rivers, streams, as
exclusive economic zone or continental shelf. The Tribunal well as internal waters or the waters of the sea, landwards
found the same to be true of the Spratly Islands and so from the base lines.
concluded that China, therefore, has no entitlement to any c. Aerial Domain
maritime zone in the area of Mischief Reef or Second - The air territory
Thomas Shoal; they do, however, form part of the exclusive - Includes the air directly above its territorial and fluvial
economic zone and continental shelf of the Philippines as domains.
they lie within 200 nautical miles of the Philippines’ coast - All the air that lies above our land territory and water
and there are no overlapping entitlements in the area with territory belongs to us, all the way up to outer space where
respect to China. there is no more air (because air is a mixture of gases, and
there is only one gas – Helium – there is no air).
3. Chinese Interference on living resources: (a) China’s - It extends up to where outer space begins, directly over
prevention of fishing by Philippine vessels at Mischief Reef our land and water territories.
since 1995; (b) at Second Thomas Shoal since 1995; (c) d. Territorial Sea
China’s revision of the Hainan Regulation; (d) China’s - This is the margin or belt of maritime waters adjacent to
moratorium on fishing in the South China Sea in 2012 our base lines up to the extent of 12 nautical miles.
It is a belt surrounding our base lines seawards.
The Tribunal finds that China had breached Articles 77 and - Whether we like it or not, international law imposes a
56 of the Convention through the operation of its marine territorial se in every country that has waters.
surveillance vessels (which interfered with Philippines’ oil e. Seabed
and gas exploration) and through its moratorium on fishing - Under the territorial sea which belongs to us.
which interfered with the exclusive economic zone of the - Is the top portion of the submarine area.
Philippines, respectively. f. Subsoil
- The land under the seabed which also belongs to us.
The Tribunal also found China in breach of Article 58 (3) of g. Insular Shelves
the Convention, due to its failure to prevent fishing by - Or the continental shelf
Chinese flagged ships in the exclusive economic zone of the - The submarine area that is directly under the water
Philippines, failing to respect the sovereign rights of the beyond the territorial sea, up to the edge of the continental
Notes By:
margin, regardless of the depth of the superjacent waters.

- Under international law, the continental shelf; namely, the Q2. What are the rights of innocent passage and of
seabed and subsoil of the submarine area, belongs to us. archipelagic sealanes passage

Article 52. Rights of innocent passage
1. Subject to article 53 and without prejudice to article 50,
ships of all States enjoy the right of innocent passage
through archipelagic waters, in accordance with Part II,
section 3.
2. The archipelagic State may, without discrimination in
form or in fact among foreign ships, suspend temporarily in
specified areas of its archipelagic waters the innocent
passage of foreign ships if such suspension is essential for
the protection of its security. Such suspension shall take
effect only after having been duly published.

Article 53. Right of archipelagic sea lanes passage
1. An archipelagic State may designate sea lanes and air
(E) Internal Waters // Archipelagic Domain routes there above, suitable for the continuous and
Prepared by: Yray expeditious passage of foreign ships and aircraft through or
⎯ “The waters around, between, and connecting the over its archipelagic waters and the adjacent territorial sea.
islands of the archipelago, regardless of their breadth 2. All ships and aircraft enjoy the right of archipelagic sea
and dimensions, form part of the internal waters of the lanes passage in such sea lanes and air routes.
Philippines.” 3. Archipelagic sea lanes passage means the exercise in
⎯ Archipelagic waters (UNCLOS terms) accordance with this Convention of the rights of navigation
and overflight in the normal mode solely for the purpose of
Q1. Explain the Archipelagic Doctrine continuous, expeditious and unobstructed transit between
one part of the high seas or an exclusive economic zone and
● This doctrine means that the country, with its another part of the high seas or an exclusive economic
thousands of islands and many seas, should be zone.
considered as a political unit for reasons of history, law, 4. Such sea lanes and air routes shall traverse the
geography, economics, and security. Also, when archipelagic waters and the adjacent territorial sea and
questions involving territorial conflicts arise, the shall include all normal passage routes used as routes for
Philippines uses this doctrine to support its territorial international navigation or overflight through or over
claims. archipelagic waters and, within such routes, so far as ships
● It is defined as all waters, around between and are concerned, all normal navigational channels, provided
connecting different islands belonging to the Philippine that duplication of routes of similar convenience between
Archipelago, irrespective of their width or dimension, the same entry and exit points shall not be necessary.
are necessary appurtenances of its land territory, 5. Such sea lanes and air routes shall be defined by a series
forming an integral part of the national or inland of continuous axis lines from the entry points of passage
waters, subject to the exclusive sovereignty of the routes to the exit points. Ships and aircraft in archipelagic
Philippines. It is found in the 2nd sentence of Article 1 sea lanes passage shall not deviate more than 25 nautical
of the 1987 Constitution. miles to either side of such axis lines during passage,
● It emphasizes the unity of the land and waters by provided that such ships and aircraft shall not navigate
defining an archipelago as group of islands surrounded closer to the coasts than 10 per cent of the distance
by waters or a body of waters studded with islands. between the nearest points on islands bordering the sea
● To emphasize unity, an imaginary single baseline is lane.
drawn around the islands by joining appropriate points 6. An archipelagic State which designates sea lanes under
of the outermost islands of the archipelago with straight this article may also prescribe traffic separation schemes
lines and all islands and waters enclosed within the for the safe passage of ships through narrow channels in
baseline form part of its territory. such sea lanes.
● The main purpose of the archipelagic doctrine is to 7. An archipelagic State may, when circumstances require,
protect the territorial interests of an archipelago, that after giving due publicity thereto, substitute other sea lanes
is, the territorial integrity of the archipelago. Without it, or traffic separation schemes for any sea lanes or traffic
there would be “pockets of high seas” between some of separation schemes previously designated or prescribed by
our islands and islets, thus foreign vessels would be it.
able to pass through these “pockets of seas” and would 8. Such sea lanes and traffic separation schemes shall
have no jurisdiction over them. conform to generally accepted international regulations.
Notes By:
9. In designating or substituting sea lanes or prescribing or Q4. Can the rights of innocent passage and archipelagic
substituting traffic separation schemes, an archipelagic sealanes passage be enforced over internal waters?
State shall refer proposals to the competent international
organization with a view to their adoption. The organization Yes, the rights of innocent passage and archipelagic
may adopt only such sea lanes and traffic separation sea-lanes passage can be enforced over internal water. In
schemes as may be agreed with the archipelagic State, after Article 8 of UNCLOS, Internal waters, Paragraph 2, that
which the archipelagic State may designate, prescribe or states where the establishment of a straight baseline in
substitute them. accordance with the method set forth in article 7 has the
10. The archipelagic State shall clearly indicate the axis of effect of enclosing as internal waters areas which had not
the sea lanes and the traffic separation schemes designated previously been considered as such, a right of innocent
or prescribed by it on charts to which due publicity shall be passage as provided in this Convention shall exist in those
given. waters.
11. Ships in archipelagic sea lanes passage shall respect
applicable sea lanes and traffic separation schemes The Philippines has a straight baseline.
established in accordance with this article.
12. If an archipelagic State does not designate sea lanes or
air routes, the right of archipelagic sea lanes passage may (F) Baselines and Maritime Zones (UNCLOS III)
be exercised through the routes normally used for Prepared by: Duran
international navigation. a. Modes of Drawing Baselines

Q3. On the map of the Philippines, draw something which Q1. What are the 2 methods of defining baselines
best illustrates the Archipelagic doctrine Q3. What are the legal bases of these 2 modes/method
2 Types of Baselines
Normal Baseline Method (Article 5, UNCLOS III) - Except
where otherwise provided in the Convention, the normal
baseline for measuring the breadth of the territorial sea is
the low-water line along the coast as marked on
large-scale charts officially recognized by the coastal State.

Straight Baseline Method (Article 7, UNCLOS III)
1. In localities where the coastline is deeply indented and
cut into, or if there is a fringe of islands along the coast in
its immediate vicinity, the method of straight baselines
joining appropriate points may be employed in drawing the
baseline from which the breadth of the territorial sea is
measured.
2. Where because of the presence of a delta and other
natural conditions the coastline is highly unstable, the
appropriate points may be selected along the furthest
seaward extent of the low-water line and,
notwithstanding subsequent regression of the low water
line, the straight baselines shall remain effective until
changed by the coastal State in accordance with this
Convention.
3. The drawing of straight baselines must not depart to
any appreciable extent from the general direction of the
coast, and the sea areas lying within the lines must be
sufficiently closely linked to the land domain to be
subject to the regime of internal waters.
4. Straight baselines shall not be drawn to and from
low-tide elevations, unless lighthouses or similar
installations which are permanently above sea level have
been built on them or except in instances where the
drawing of baselines to and from such elevations has
received general international recognition.
5. Where the method of straight baselines is applicable
under paragraph 1, account may be taken, in determining
particular baselines, of economic interests peculiar to the
Notes By:
region concerned, the reality and the importance of which

are clearly evidenced by long usage. Note:
6. The system of straight baselines may not be applied by a 1st Baseline Law - RA 3046
State in such a manner as to cut off the territorial sea of 2nd Baseline Law - RA 5446 which amended RA 3046 (typo
another State from the high seas or an exclusive economic errors)
zone. Article 47, UNCLOS - provided for growing baselines
Q2. On the map of the Philippines, draw the baselines 3rd Baseline Law (current) - RA 9522 to comply to the rules
following the 2 modes in UNCLOS III

b. Philippine Baselines
Prepared by: Pestano

Q1. Short explanation of the laws that defined them

1. (1st BL law) RA 3046
- REPUBLIC ACT No. 3046 June 17, 1961
AN ACT DEFINE THE BASELINES OF THE TERRITORIAL
SEA OF THE PHILIPPINES
The Constitution of the Philippines describes the national
territory as comprising all the territory ceded to the United
States by the Treaty of Paris (1898) and in the treaty
concluded between the United States and Great Britain
(1930), and all the territory over which the Government of
the Philippine Islands exercised jurisdiction at the time of
the adoption of the Constitution.

Parts of the territory of the Philippine Islands:
● all the waters within the limits set forth in the
above-mentioned treaties
● all the waters around, between and connecting the
various islands of the Philippines archipelago,
irrespective of their width or dimension
● all the waters beyond the outermost islands of the
archipelago but within the limits of the boundaries set
forth in the aforementioned treaties
● baselines from which the territorial sea of the
Philippines is determined consist of straight lines
joining appropriate points of the outermost islands of
the archipelago
● the said baselines should be clarified and specifically
defined and described for the information of all
concerned
Q4. What method does the Philippines use in defining its
baselines 2. (2nd BL law) RA 5446
- Republic Act No. 5446 September 18, 1968
The Philippines uses the Straight Baseline Method, based AN ACT TO AMEND SECTION ONE OF REPUBLIC ACT
on the PH Baseline Laws, specifically— NUMBERED THIRTY HUNDRED AND FORTY-SIX,
ENTITLED "AN ACT TO DEFINE THE BASELINES OF
RA 9522, Section 2: THE TERRITORIAL SEA OF THE PHILIPPINES"
The baseline in the following areas over which the
Philippines likewise exercises sovereignty and jurisdiction Section 1. To correct typographical errors, Section one of
shall be determined as "Regime of Islands" under the Republic Act numbered thirty hundred and forty-six is
Republic of the Philippines consistent with Article 121 of amended to read as follows:
the United Nations Convention on the Law of the Sea Section 2. The definition of the baselines of the territorial
(UNCLOS III): sea of the Philippine Archipelago as provided in this Act is
a) The Kalayaan Island Group as constituted under without prejudice to the delineation of the baselines of the
Presidential Decree No. 1596; and territorial sea around the territory of Sabah, situated in
b) Bajo de Masinloc, also known as Scarborough Shoal. North Borneo, over which the Republic of the Philippines
Notes By:
has acquired dominion and sovereignty. deposit a copy of each such chart or list with the
Secretary-General of the United Nations.
3. Article 47, UNCLOS III
4. (Present BL law; current Baseline Law in conformity to
Article 47, UNCLOS III Art. 47 UNCLOS III) RA 9522
[Archipelagic Baseline] -REPUBLIC ACT NO. 9522 2009
AN ACT TO AMEND CERTAIN PROVISIONS OF
States requisites or instructions on how Archipelagic REPUBLIC ACT NO. 3046, AS AMENDED BY REPUBLIC
baselines should be drawn in terms of specific ACT NO. 5446, TO DEFINE THE ARCHIPELAGIC
numerical computation like specific nautical miles and BASELINES OF THE PHILIPPINES, AND FOR OTHER
water to land ratios. PURPOSES

1. An archipelagic State may draw straight archipelagic
baselines joining the outermost points of the outermost States the supremacy of this act over any other laws,
islands and drying reefs of the archipelago provided that decrees, EO, rules and issuances where there are
within such baselines are included the main islands and inconsistencies.
an area in which the ratio of the area of the water to the
area of the land, including atolls, is between 1 to 1 and 9 Identifies
to 1. a) The Kalayaan Island Group as constituted under
2. The length of such baselines shall not exceed 100 Presidential Decree No. 1596; and
nautical miles, except that up to 3 per cent of the total b) Bajo de Masinloc, also known as Scarborough Shoal.
number of baselines enclosing any archipelago may
exceed that length, up to a maximum length of 125 as “Regime of Islands” under the Republic of the Philippines
nautical miles. consistent with Article 121 of the United Nations
3. The drawing of such baselines shall not depart to any Convention on the Law of the Sea (UNCLOS):
appreciable extent from the general configuration of the Q2. Draw the Philippines’ baselines in accordance to
archipelago. UNCLOS III and RA 9522
4. Such baselines shall not be drawn to and from low-tide
elevations, unless lighthouses or similar installations
which are permanently above sea level have been built
on them or where a low-tide elevation is situated wholly
or partly at a distance not exceeding the breadth of the
territorial sea from the nearest island.
5. The system of such baselines shall not be applied by an
archipelagic State in such a manner as to cut off from
the high seas or the exclusive economic zone the
territorial sea of another State.
6. If a part of the archipelagic waters of an archipelagic
State lies between two parts of an immediately
adjacent neighboring State, existing rights and all
other legitimate interests which the latter State has
traditionally exercised in such waters and all rights
stipulated by agreement between those States shall
continue and be respected.
7. For the purpose of computing the ratio of water to land
under paragraph l, land areas may include waters lying
within the fringing reefs of islands and atolls, including
that part of a steep-sided oceanic plateau which is
enclosed or nearly enclosed by a chain of limestone
islands and drying reefs lying on the perimeter of the
plateau.
8. The baselines drawn in accordance with this article shall
be shown on charts of a scale or scales adequate for
ascertaining their position. Alternatively, lists of
geographical coordinates of points, specifying the
geodetic datum, may be substituted.
9. The archipelagic State shall give due publicity to such
charts or lists of geographical coordinates and shall
Notes By:
territory and logically, the reach of the Philippines’

state’s sovereign power and in violation of Article 1
of the 1987 Constitution
2. RA 5922 opens the country’s waters
landward of the baselines to maritime passage by
all vessels and aircrafts, undermining Philippine
Sovereignty and national security, contravening the
country’s nuclear-free policy, and damaging marine
resources, in violation of relevant constitutional
provisions.

Q1. What changes did RA 9522 effect to the Phil’s baselines
in compliance with UNCLOS III?

RA 9522 Shortened one baseline, optimized the location of
some basepoints around the Phiippine Archipelago and
classified adjacent territories, namely the Kalayaan Island
Group (KIG) and the Scarborough Shoal, as “regimes of
islands” whose islands generate their own applicable
maritime zones.

Q2. Petitioners argue that RA9522 reduces Phil maritime
territory and the reach of the Phil’s sovereign power.
Explain how this was argued.

● Petitioners submit that RA 9522 “dismembers a large
portion of the national territory” because it discards the
Pre-UNCLOS III demarcation of Philippine Territory
under the Treaty of Paris and related treaties,
successively encoded in the definition of national
territory under the 1935, 1973 and the 1987
Constitution.
● Petitioners theorize that this constitutional definition
trumps any treaty or statutory provision denying the
Philippines sovereign control over waters, beyond the
territoria sea recognized at the time of the Treaty of
Paris, that Spain supposedly ceded to the United
States.
● Petitioners argue that from the Treaty of Paris’ technical
Magallona v. Ermita description, Philippine sovereignty over territorial
Prepared by: Oliver waters extends hundreds of nautical miles around the
The petitioners challenged the constitutionality of RA Philippine Archipelago, embracing the rectangular area
9522. Petitioners argue that RA9522 reduces Phil delineated in the Treaty of Paris.
maritime territory and the reach of the Phil’s sovereign
power Q3 . IS UNCLOS III a tool for the acquisition or loss of
territory? If not, what does it regulate in relation to R.A.
FACTS: 9522?
● Congress amended RA 3046 by enacting RA 9522.
● RA 9522 was for compliance with the UNCLOS III,

which the Philippines ratified. a. No, UNCLOS III has nothing to do with the acquisition
● UNCLOS III prescribes the water-land ration, length
(or loss) of territory. UNCLOS III and its ancillary
and contour of baselines of archipelagic States like the baseline laws play no role in the acquisition,
Philippines, and sets the deadline for the filing of enlargement or, as petitioners, claim diminution of
application for the extended continental shelf. territory. Under international law typology, States
● Petitioners assert that RA 9522 is Unconstitutional on acquire (or conversely, lose) territory through
two (2) grounds: occupation, accretion, cession and prescription, not by
1. RA 5922 reduces the Philippine maritime executing multilateral treaties on the regulations of
Notes By:
sea-use rights or enacting statutes to comply with the exercised subject to this Convention and to other rules of
treaty’s terms to delimit the maritime zones and international law.
continental shelves. Territorial claims to land features
are outside UNCLOS III, and are instead governed by Rights of the Philippines over Territorial Sea: Section 2-
the rules on general international law. Limits of the Territorial Sea (A rticles 3 to 16)
b. Even though the Treaty of Paris states that
Philippine territory embraces the islands and all the Art. 3- Breadth of the territorial sea
waters within the rectangular area, the drawing of Every State has the right to establish the breadth of
the baselines must be in accordance to the RA its territorial sea up to a limit not exceeding 12 nautical
5922, which is in accordance to UNCLOS III. miles, measured from baselines determined in accordance
Because this is the only way to draw the baselines with this Convention.
in conformity with UNCLOS III. Article 4- Outer limit of the territorial sea
c. On the other hand, baselines laws such as RA 9522 The outer limit of the territorial sea is the line every
are enacted by UNCLOS III States parties to point of which is at a distance from the nearest point of the
mark-out specific basepoints along their coasts baseline equal to the breadth of the territorial sea.
from which baselines are drawn, either straight or Article 5- Normal baseline
contoured, to serve as geographic starting points to Except where otherwise provided in this
measure the breadth of the maritime zones and Convention, the normal baseline for measuring the breadth
continental shelf. Article 48 of UNCLOS III on of the territorial sea is the low-water line along the coast as
archipelagic States like ours could not be any marked on large-scale charts officially recognized by the
clearer: coastal State.
Article 48. Measurement of the breadth of the Article 6 Reefs
territorial sea, the contiguous zone, the In the case of islands situated on atolls or of islands
exclusive economic zone and the continental having fringing reefs, the baseline for measuring the
shelf. — The breadth of the territorial sea, the breadth of the territorial sea is the seaward low-water line
contiguous zone, the exclusive economic zone of the reef, as shown by the appropriate symbol on charts
and the continental shelf shall be measured officially recognized by the coastal State.
from archipelagic baselines drawn in Article 7 Straight baseline
accordance with article 47. (Emphasis 1. In localities where the coastline is deeply
supplied) indented and cut into, or if there is a fringe of islands along
the coast in its immediate vicinity, the method of straight
baselines joining appropriate points may be employed in
Q4. Can the Philippines baselines be drawn from the drawing the baseline from which the breadth of the
rectangular are delimited in the Treaty of Paris? territorial sea is measured.
2. Where because of the presence of a delta and
NO, the baselines cannot be drawn from the boundaries or other natural conditions the coastline is highly unstable,
other portions of the rectangular area delineated in the the appropriate points may be selected along the furthest
Treaty of Paris, but from the “outermost islands and drying seaward extent of the low-water line and, notwithstanding
reefs of the archipelago” subsequent regression of the low-water line, the straight
baselines shall remain effective until changed by the coastal
c. Maritime Zones State in accordance with this Convention.
Prepared by: Grengia 3. The drawing of straight baselines must not

depart
Q1. How does UNCLOS III define each of these maritime of the coast, to any appreciable extent from the general direction
zones? What rights does Philippines have over these zones: be sufficiently and the sea areas lying within the lines must
closely linked to the land domain to be
i. Territorial Sea subject to the regime of internal waters.
4. Straight baselines shall not be drawn to and
Section 1, Article 2- Legal status of the territorial from low-tide elevations, unless lighthouses or similar
sea, of the air space over the territorial sea and of its bed installations which are permanently above sea level have
been built on them or except in instances where the
and subsoil;
1. The sovereignty of a coastal State extends, drawing
received
of baselines to and from such elevations has
general international recognition.
beyond its land territory and internal waters and, in the
case of an archipelagic State, its archipelagic waters, to an 5. Where the method of straight baselines is
adjacent belt of sea, described as the territorial sea. applicable under paragraph 1, account may be taken, in
2. This sovereignty extends to the air space over the determining particular baselines, of economic interests
territorial sea as well as to its bed and subsoil. peculiar to the region concerned, the reality and the
3. The sovereignty over the territorial sea is importance of which are clearly evidenced by long usage.
6. The system of straight baselines may not be
Notes By:
applied by a State in such a manner as to cut off the part of the coast. Off-shore installations and artificial
territorial sea of another State from the high seas or an islands shall not be considered as permanent harbour
exclusive economic zone. works.
Article 8 Internal waters Article 12 Roadsteads
1. Except as provided in Part IV, waters on the Roadsteads which are normally used for the
landward side of the baseline of the territorial sea form part loading, unloading and anchoring of ships, and which
of the internal waters of the State. would otherwise be situated wholly or partly outside the
2. Where the establishment of a straight baseline in outer limit of the territorial sea, are included in the
accordance with the method set forth in article 7 has the territorial sea.
effect of enclosing as internal waters areas which had not Article 13 Low-tide elevations
previously been considered as such, a right of innocent 1. A low-tide elevation is a naturally formed area of
passage as provided in this Convention shall exist in those land which is surrounded by and above water at low tide
waters. but submerged at high tide. Where a low-tide elevation is
Article 9 Mouths of rivers situated wholly or partly at a distance not exceeding the
If a river flows directly into the sea, the baseline breadth of the territorial sea from the mainland or an
shall be a straight line across the mouth of the river island, the low-water line on that elevation may be used as
between points on the low-water line of its banks. Article 10 the baseline for measuring the breadth of the territorial sea.
Bays
1. This article relates only to bays the coasts of 2. Where a low-tide elevation is wholly situated at a
which belong to a single State. distance exceeding the breadth of the territorial sea from
the mainland or an island, it has no territorial sea of its
2. For the purposes of this Convention, a bay is a own.
well-marked indentation whose penetration is in such Article 14 Combination of methods for
proportion to the width of its mouth as to contain determining baselines
land-locked waters and constitute more than a mere The coastal State may determine baselines in turn
curvature of the coast. An indentation shall not, however, by any of the methods provided for in the foregoing articles
be regarded as a bay unless its area is as large as, or larger to suit different conditions. Article
than, that of the semi-circle whose diameter is a line drawn
across the mouth of that indentation. 15 Delimitation of the territorial sea between
States with opposite or adjacent coasts
3. For the purpose of measurement, the area of an Where the coasts of two States are opposite or
indentation is that lying between the low-water mark adjacent to each other, neither of the two States is entitled,
around the shore of the indentation and a line joining the failing agreement between them to the contrary, to extend
low-water mark of its natural entrance points. Where, its territorial sea beyond the median line every point of
because of the presence of islands, an indentation has more which is equidistant from the nearest points on the
than one mouth, the semi-circle shall be drawn on a line as baselines from which the breadth of the territorial seas of
long as the sum total of the lengths of the lines across the each of the two States is measured. The above provision
different mouths. Islands within an indentation shall be does not apply, however, where it is necessary by reason of
included as if they were part of the water area of the historic title or other special circumstances to delimit the
indentation. territorial seas of the two States in a way which is at
4. If the distance between the low-water marks of variance therewith.
the natural entrance points of a bay does not exceed 24
nautical miles, a closing line may be drawn between these Article 16 Charts and lists of geographical
two low-water marks, and the waters enclosed thereby shall coordinates
be considered as internal waters. 1. The baselines for measuring the breadth of the
5. Where the distance between the low-water marks territorial sea determined in accordance with articles 7, 9
of the natural entrance points of a bay exceeds 24 nautical and 10, or the limits derived therefrom, and the lines of
miles, a straight baseline of 24 nautical miles shall be delimitation drawn in accordance with articles 12 and 15
drawn within the bay in such a manner as to enclose the shall be shown on charts of a scale or scales adequate for
maximum area of water that is possible with a line of that ascertaining their position. Alternatively, a list of
length. geographical coordinates of points, specifying the geodetic
6. The foregoing provisions do not apply to datum, may be substituted.
so-called "historic" bays, or in any case where the system of
straight baselines provided for in article 7 is applied. 2. The coastal State shall give due publicity to such
Article 11 Ports charts or lists of geographical coordinates and shall deposit
For the purpose of delimiting the territorial sea, the a copy of
outermost permanent harbour works which form an
integral part of the harbour system are regarded as forming ii. Contiguous Zone
Notes By:
rights and duties of other States and shall act in a
Section 4, Article 33- Contiguous zone manner compatible with the provisions of this
1. In a zone contiguous to its territorial sea, Convention.
described as the contiguous zone, the coastal State
may exercise the control necessary to: 3) The rights set out in this article with respect to
the seabed and subsoil shall be exercised in
a) Prevent infringement of its customs, fiscal, accordance with Part VI.
immigration or sanitary laws and regulations within
its territory or territorial sea; Article 57- Breadth of the exclusive economic
b) punish infringement of the above laws and zone
regulations committed within its territory or “The exclusive economic zone shall not extend
territorial sea. beyond 200 nautical miles from the baselines from which
the breadth of the territorial sea is measured.”
2. The contiguous zone may not extend beyond 24
nautical miles from the baselines from which the Q2. Fill the boxes with the appropriate maritime zone
breadth of the territorial sea is measured.

iii. Exclusive Economic Zone

Article 55- Specific legal regime of the exclusive
economic zone
“The exclusive economic zone is an area beyond
and adjacent to the territorial sea, subject to the specific
legal regime established in this Part, under which the rights
and jurisdiction of the coastal State and the rights and
freedoms of other States are governed by the relevant
provisions of this Convention.”

Article 56- Rights, jurisdiction and duties of the
coastal State in the exclusive economic zone:

1) In the exclusive economic zone, the coastal State
has:
a. sovereign rights for the purpose of exploring and
exploiting, conserving and managing the natural
resources, whether living or non-living, of the Notes:
waters superjacent to the seabed and of the seabed
and its subsoil, and with regard to other activities Article 48- Measurement of the breadth of the
for the economic exploitation and exploration of the territorial sea, the contiguous zone, the exclusive
zone, such as the production of energy from the economic zone and the continental shelf.
water, currents and winds; “The breadth of the territorial sea, the contiguous
b. jurisdiction as provided for in the relevant zone, the exclusive economic zone and the continental shelf
provisions of this Convention with regard to: shall be measured from archipelagic baselines drawn in
accordance with article 47.”
(i) the establishment and use of artificial islands, Article 60- Artificial islands, installations and
installations and structures; structures in the exclusive economic zone
(ii) marine scientific research; 1) In the exclusive economic zone, the coastal State
(iii) the protection and preservation of the marine shall have the exclusive right to construct and to
environment; authorize and regulate the construction, operation
and use of:
(c) other rights and duties provided for in this
Convention. (a) artificial islands;
(b) installations and structures for the purposes
2) In exercising its rights and performing its duties provided for in article 56 and other economic
under this Convention in the exclusive economic purposes;
zone, the coastal State shall have due regard to the (c) installations and structures which may interfere
Notes By:
with the exercise of the rights of the coastal State in not possess the status of islands. They have no
the zone. territorial sea of their own, and their presence does
not affect the delimitation of the territorial sea, the
2) The coastal State shall have exclusive exclusive economic zone or the continental shelf.
jurisdiction over such artificial islands, installations
and structures, including jurisdiction with regard Article 61- Conservation of the living resources
to customs, fiscal, health, safety and immigration
laws and regulations. 1) The coastal State shall determine the allowable
catch of the living resources in its exclusive
3) Due notice must be given of the construction of economic zone.
such artificial islands, installations or structures,
and permanent means for giving warning of their 2) The coastal State, taking into account the best
presence must be maintained. Any installations or scientific evidence available to it, shall ensure
structures which are abandoned or disused shall be through proper conservation and management
removed to ensure safety of navigation, taking into measures that the maintenance of the living
account any generally accepted international resources in the exclusive economic zone is not
standards established in this regard by the endangered by over-exploitation. As appropriate,
competent international organization. Such removal the coastal State and competent international
shall also have due regard to fishing, the protection organizations, whether subregional, regional or
of the marine environment and the rights and global, shall cooperate to this end.
duties of other States. Appropriate publicity shall
be given to the depth, position and dimensions of 3) Such measures shall also be designed to
any installations or structures not entirely maintain or restore populations of harvested
removed. species at levels which can produce the maximum
sustainable yield, as qualified by relevant
4) The coastal State may, where necessary, environmental and economic factors, including the
establish reasonable safety zones around such economic needs of coastal fishing communities and
artificial islands, installations and structures in the special requirements of developing States, and
which it may take appropriate measures to ensure taking into account fishing patterns, the
the safety both of navigation and of the artificial interdependence of stocks and any generally
islands, installations and structures. recommended international minimum standards,
whether subregional, regional or global.
5) The breadth of the safety zones shall be
determined by the coastal State, taking into 4) In taking such measures the coastal State shall
account applicable international standards. Such take into consideration the effects on species
zones shall be designed to ensure that they are associated with or dependent upon harvested
reasonably related to the nature and function of the species with a view to maintaining or restoring
artificial islands, installations or structures, and populations of such associated or dependent
shall not exceed a distance of 500 metres around species above levels at which their reproduction
them, measured from each point of their outer may become seriously threatened.
edge, except as authorized by generally accepted
international standards or as recommended by the 5) Available scientific information, catch and fishing
competent international organization. Due notice effort statistics, and other data relevant to the
shall be given of the extent of safety zones. conservation of fish stocks shall be contributed and
exchanged on a regular basis through competent
6) All ships must respect these safety zones and international organizations, whether subregional,
shall comply with generally accepted international regional or global, where appropriate and with
standards regarding navigation in the vicinity of participation by all States concerned, including
artificial islands, installations, structures and States whose nationals are allowed to fish in the
safety zones. exclusive economic zone.

7) Artificial islands, installations and structures Article 62- Utilization of the living resources
and the safety zones around them may not be
established where interference may be caused to 1) The coastal State shall promote the objective of
the use of recognized sea lanes essential to optimum utilization of the living resources in the
international navigation. exclusive economic zone without prejudice to article
61.
8) Artificial islands, installations and structures do
Notes By:
2) The coastal State shall determine its capacity to sampling of catches, disposition of samples and
harvest the living resources of the exclusive reporting of associated scientific data;
economic zone. Where the coastal State does not (g) the placing of observers or trainees on board
have the capacity to harvest the entire allowable such vessels by the coastal State;
catch, it shall, through agreements or other h) the landing of all or any part of the catch by
arrangements and pursuant to the terms, such vessels in the ports of the coastal State;
conditions, laws and regulations referred to in (i) terms and conditions relating to joint ventures or
paragraph 4, give other States access to the surplus other cooperative arrangements;
of the allowable catch, having particular regard to (j) requirements for the training of personnel and
the provisions of articles 69 and 70, especially in the transfer of fisheries technology, including
relation to the developing States mentioned therein. enhancement of the coastal State's capability of
undertaking fisheries research;
3) In giving access to other States to its exclusive (k) enforcement procedures.
economic zone under this article, the coastal State
shall take into account all relevant factors, 5.) Coastal States shall give due notice of
including, inter alia, the significance of the living conservation and management laws and
resources of the area to the economy of the coastal regulations.
State concerned and its other national interests,
the provisions of articles 69 and 70, the
requirements of developing States in the subregion
or region in harvesting part of the surplus and the
need to minimize economic dislocation in States
whose nationals have habitually fished in the zone
or which have made substantial efforts in research
and identification of stocks.

4) Nationals of other States fishing in the exclusive
economic zone shall comply with the conservation
measures and with the other terms and conditions
established in the laws and regulations of the
coastal State. These laws and regulations shall be
consistent with this Convention and may relate,
inter alia, to the following:

(a) licensing of fishermen, fishing vessels and
equipment, including payment of fees and other
forms of remuneration, which, in the case of
developing coastal States, may consist of adequate
compensation in the field of financing, equipment
and technology relating to the fishing industry;
(b) determining the species which may be caught,
and fixing quotas of catch, whether in relation to
particular stocks or groups of stocks or catch per
vessel over a period of time or to the catch by
nationals of any State during a specified period;
(c) regulating seasons and areas of fishing, the
types, sizes and amount of gear, and the types,
sizes and number of fishing vessels that may be
used;
(d) fixing the age and size of fish and other species
that may be caught;
(e) specifying information required of fishing
vessels, including catch and effort statistics and
vessel position reports;
(f) requiring, under the authorization and control of
the coastal State, the conduct of specified fisheries
research programmes and regulating the conduct of
such research, including the
Notes By:

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including its attachments, and

margin, regardless of the depth of the superjacent waters.

region concerned, the reality and the importance of which

territory and logically, the reach of the Philippines’

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