PREAMBLE &

NATIONAL TERRITORY
 PREAMBLE 1899

We, the Representatives of the Filipino people,

lawfully convened, in order to establish justice,
provide for common defense, promote the general
welfare, and insure the benefits of liberty, imploring
the aid of the Sovereign Legislator of the Universe for
the attainment of these ends, have voted, decreed,
and sanctioned the following:
 PREAMBLE - 1935

The Filipino people, imploring the aid of Divine

Providence, in order to establish a government that
shall embody their ideals, conserve and develop the
patrimony of the nation, promote the general
welfare, and secure to themselves and their posterity
the blessings of independence under a regime of
justice, liberty, and democracy, do ordain and
promulgate this Constitution.
 PREAMBLE - 1973

We, the sovereign Filipino people, imploring the aid

of Divine Providence, in order to establish a
government that shall embody our ideals, promote
the general welfare, conserve and develop the
patrimony of our Nation, and secure to ourselves and
our posterity the blessings of democracy under a
regime of justice, peace, liberty, and equality, do
ordain and promulgate this Constitution.
 PREAMBLE 1987

We, the sovereign Filipino people, imploring

the aid of Almighty God, in order to build a
just and humane society, and establish a
Government that shall embody our ideals and
aspirations, promote the common good,
conserve and develop our patrimony, and
secure to ourselves and our posterity, the
blessings of independence and democracy
under the rule of law and a regime of truth,
justice, freedom, love, equality, and peace, do
ordain and promulgate this Constitution.
 IS IT NECESSARY?

Technically, not an integral part of the Constitution.

It neither enlarges nor confers power.
Not a source of rights and obligations.
Function is: TO INTRODUCE THE
CONSTITUTION, EXPLAIN THE REASON FOR ITS
ENACTMENT AND THE OBJECT SOUGHT FOR
ACCOMPLISHMENT.
Preambulare meaning to walk before
May serve as an aid in its interpretation.
One of the worlds longest (75 words)
 PREAMBLE

Filipino people instead of the people of the

Philippines
We and our instead of third person
Belief in God stressed
Almighty God (Divine Providence in the 1935 and
1973 Constitution impersonal )
Common good (general welfare)
Freedom (liberty does not include freedom from
want, fear and ignorance)
 1935 Constitution- used the word the Filipino
people

1973 Constitution to present- used the term

sovereign Filipino people
 1935 and 1973 Constitutions- used the words the aid
of Divine Providence

1987 Constitution- used the term Almighty God.

 1935 constitution- The Filipino people in order to
establish a government do ordain and promulgate this
Constitution.

1973 and 1987 Constitutions- copied the phrase: in

order to establish a government

and added: to build a just and humane society.

 To embody their ideals and aspirations

Common good

Patrimony- refers to everything that belongs to the

Filipino people.
OURS IS A GOVERNMENT OF LAW AND NOT OF MEN
 1935 Constitution- of justice, liberty and democracy

1973 Constitution- justice, peace, liberty, and equality.

1987 Constitution- truth, justice, freedom,LOVE,

equality and peace.
 ART. 1 NATIONAL TERRITORY

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. 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.
 1973 CONSTITUTION
NATIONAL TERRITORY
SECTION 1. The national territory
comprises the Philippine archipelago,
with all the islands and waters embraced
therein, and all the other territories
belonging to the Philippines by historic
right or legal title, including the
territorial sea, the air space, the subsoil,
the sea-bed, the insular shelves, and the
other submarine areas over which the
Philippines has sovereignty or
jurisdiction. The waters around, between
and connecting the islands of the
archipelago, irrespective of their breadth
and dimensions, form part of the internal
waters of the Philipppines.
1987 CONSTITUTION
NATIONAL TERRITORY
The national territory comprises the
Philippine archipelago, with all the
islands and waters embraced therein,
and all the other territories over which
the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial,
fluvial, and aerial domains, including its
territorial sea, the sea-bed, the subsoil,
the insular shelves, and other submarine
areas. The waters around, between and
connecting the islands of the
archipelago, regradless of their breadth
and dimensions, form part of the internal
waters of the Philipppines.
 1973 CONSTITUTION
NATIONAL TERRITORY
SECTION 1. The national territory
comprises the Philippine archipelago,
with all the islands and waters
embraced therein, and all the other
territories belonging to the Philippines
by historic right or legal title,
including the territorial sea, the air
space, the subsoil, the sea-bed, the
insular shelves, and the other
submarine areas over which the
Philippines has sovereignty or
jurisdiction. The waters around,
between and connecting the islands of
the archipelago, irrespective of their
breadth and dimensions, form part of
the internal waters of the Philipppines.
1987 CONSTITUTION
NATIONAL TERRITORY
The national territory comprises the
Philippine archipelago, with all the
islands and waters embraced therein, and
all the other territories over which the
Philippines has sovereignty or
jurisdiction, consisting of its terrestrial,
fluvial, and aerial domains, including its
territorial sea, the sea-bed, 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 the internal
waters of the Philippines.
 REASONS

Binding force of such provision under

international law
Value of provision defining our national
territory
1973 all the other territories belonging to
the Philippines by historic right or legal title
(was deleted in the 1987 C)
Territorial sea (12 nautical miles), subsoil,
insular shelves, other submarine areas
 ARCHIPELAGIC PRINCIPLE

An archipelago should be treated as a single unit.

The archipelagic principle and the Exclusive
Economic Zone Rights (PD No. 1599 establishes an
exclusive economic zone (EEZ) of the Philippines
extending to a distance of 200 nautical miles beyond
and from the baselines from which the territorial sea
is measured) are now fully recognized in the UN
Law of the Sea Convention
 Value of provision defining our national territory- Nevertheless,
it is important to define as precisely as possible our national
territory for the purpose of making known to the world the areas
over which we assert title or ownership to avoid future conflicts
with other nations. As a sovereign state, the Philippines can
promulgate and enforce laws within our country. Every other
power is excluded from exercising dominion or jurisdiction
without the consent of the Philippines.

Acquisition of other territories- incidentally, the definition of our

national territory in our constitution does not prevent the
Philippines from acquiring other territories in the future through
any of the means( e.g. purchase, exchange,etc.) sanctioned by
international law.
a. TERRESTRIAL DOMAIN- refers to land, whether agricultural, forest or
timber, mineral lands, and national parks under the sovereignty and
jurisdiction of the Philippines.

b. AERIAL DOMAIN

Air space- the constitutional provision on aerial domain is a n

affirmation of the generally accepted principle of international law
found in Chicago Convention, where it established the principle that
states have complete and exclusive sovereignty over the air space above
its territory, and state aircrafts are not allowed to fly over the territory
of another state or land thereon without authorization by special
agreement or otherwise, and in accordance with the terms thereof.

Outer Space- Outer space is beyond the territorial sphere of a state.

Thus, an orbiting satellite owned by a state which is directly above the
territory of another state but outside the pull of the earths gravity, does
not offend the territorial integrity of the latter state. Outer space
including the moon and other celestial bodies shall be free for
exploration and use by all states and is not subject to national
appropriation by claim of sovereignty.
c. FLUVIAL DOMAIN

1. Internal or national waters- an imaginary straight baseline (archipelagic

line) will be drawn to connect the outermost portions of the islands of an archipelago
and all waters embraced therein shall form part of the territory of the archipelagic
state. Waters within the archipelagic baseline are considered internal waters under
the constitution and archipelagic waters under the International law.

i. Internal waters under the Constitution- This is an affirmation of the

archipelagic doctrine. Waters within the archipelagic line are treated by the
constitution as internal waters. Foreign merchant vessels are not allowed to
travel in the internal waters of the Philippines without its consent even in the
exercise of the right of involuntary entrance or innocent passage.
ii. Archipelagic waters under International Law- The Convention on the
law of the Sea also recognizes the archipelago doctrine. However, waters
within the archipelagic line are not considered internal waters but
archipelagic waters. A foreign merchant vessel is not allowed to enter the
archipelago waters of a state without its consent except in the exercise of
right of involuntary entrance.
2. External or Territorial Waters or Maritime Zone- refers to all waters
seaward to a line twelve nautical miles distant from the archipelagic
baseline over which the Philippines exercises jurisdiction.

3.Twelve-Mile Contiguous Zone- it refers to all waters seaward to a line

twelve nautical miles distant from the outer limits of territorial waters,
under which the Phil.

4. Two Hundred-Mile Exclusive Economic Zone- refers to an area beyond

and adjacent to territorial sea, not to exceed 200 nautical miles from the
baseline (archipelagic line), where the Phil has an exclusive right to explore
and exploit natural resources found therein and limited jurisdiction over
matters involving customs, fiscal, health, safety, and immigration laws and
regulations.

5. International Waters, High Seas or Open Seas- it refers to the portion

of the ocean, which is beyond the territorial jurisdiction of any country. It
has been an accepted principle that the open sea is free to everybody and,
like air, it is common to all mankind.
 Territorial sea- it is that part of the sea extending 12 nautical miles (19kms)
from low-water mark.

Sea bed- refers to land that holds the sea, lying beyond the seashore

Subsoil- refers to everything beneath the surface soil and the seabed,
including mineral and natural resources;

Insular shelves- they are the submerged portions of a continent or offshore

island, which slope gently seaward from the low waterline to a point where a
substantial break in grade occurs, at which point the bottom slopes seaward at
a considerable increase in slope until the great ocean depths are reached

Other submarine areas- all areas under the territorial sea. Among
oceanographic terms used are seamount, trough, trench, basin, deep, bank,
shoal, reef.
1. Inland or internal waters- they are parts of the
sea within the land territory.

2. Territorial sea (supra)- it is the belt of water

outside and parallel to the coastline or to the outer
limits of the inland or internal waters.

3. High or open seas- they are waters that lie

seaward of the territorial sea.
 To apply the three-mile rule to the Phil, with every island having its
own territorial sea, would have a fatal effect upon the territorial
integrity of the Philippines. It would mean the dismemberment of the
archipelago with the Sibuyan sea separating the Visayas, and the
Mindanao Strait and the Sulu isolating Palawan from the rest of the
archipelago.

These and other areas of waters would cease to be Phil. Waters; they
would become international waters or high seas, and fishing vessels
from all nations can enter to get the fish and other living resources of
the sea which nature and Divine Providence intended for the Filipinos.
Furthermore, warships of even unfriendly nations could enter these
waters and stay there with perfect legal right to do so. At the same time,
we would lose a large part of our territory on both sides of the
archipelago, towards the China Sea and the Pacific Ocean
 More than 7000 islands comprise the Philippines ruled by
one whole unitary government, bound by a common
heritage, beholden to the same tradition, pursuing the same
ideals, interdependent and united politically, economically
and socially as one nation Solicitor General of the
Philippines

The archipelago principle and the exclusive economic zone

rights are now fully recognized in the U.N. law of the Sea
Convention and, therefore, form part of public
international law.
Southeastern Asia, group of
reefs and islands in the South
China Sea, about two-thirds of
the way from southern Vietnam
to the southern Philippines

strategically located near

several primary shipping lanes
in the central South China Sea;
includes numerous small
islands, atolls, shoals, and
coral reefs
Geographic
coordinates: 8 38 N,
111 55 E

Area: total: less than 5

sq km
land: less than 5 sq
km
water: 0 sq km
note: includes 100
or so islets, coral
reefs, and sea
mounts scattered
over an area of
nearly 410,000 sq
km of the central
South China Sea
 Area - comparative:NA
Land boundaries:0 km
Coastline:926 km
Maritime claims:NA
Climate:tropical
Terrain:flat
Elevation extremes: lowest point: South China Sea 0 m
highest point: unnamed location on Southwest Cay 4 m
Natural resources: fish, guano, undetermined oil and natural
gas potential
Land use: arable land: 0%
permanent crops: 0%
other: 100% (2001)
Irrigated land:0 sq km (1998 est.)
 Economy - Economic activity is limited to commercial fishing.
The proximity to nearby oil- and gas-producing sedimentary
basins suggests the potential for oil and gas deposits, but the
region is largely unexplored; there are no reliable estimates of
potential reserves; commercial exploitation has yet to be
developed.

Population: no indigenous inhabitants

note: there are scattered garrisons occupied by personnel of
several claimant states (2004)

Natural hazards: typhoons; serious maritime hazard because

of numerous reefs and shoals
 Disputes international:

all of the Spratly Islands- China, Taiwan, and Vietnam

parts of them- Malaysia and the Philippines
1984- Brunei established an exclusive fishing zone that
encompasses Louisa Reef in the southern Spratly Islands but
has not publicly claimed the reef
claimants in November 2002 signed the "Declaration on the
Conduct of Parties in the South China Sea," which has eased
tensions but falls short of a legally binding "code of conduct";
March 2005- the national oil companies of China, the
Philippines, and Vietnam signed a joint accord to conduct
marine seismic activities in the Spratlys
 Basis: historical grounds
Evidences: ancient manuscripts, remains of Chinese pottery
and coins
1930: discovery of Chinese fishermen by the French

Official records and maps: Han, Yuan, Qing dynasty, ROC

PRC
Claim of being a legitimate government (vs Taiwan)

Nansha island
 Basis: historical grounds
17th C- geographical maps record of Golden Sandbanks
(Spratly islands)
Islands are part of Annam empire

1815
Expedition sent by King Gia Long

French colonizers
Annexed Spratly to Vietnam

Truong Sa island
 Aim: protection of interests
Passage of shipping lanes around Spratly island

Abundant fishes

ROC
Claim of being a legitimate government (vs China)
 Basis: The Law of the Sea Convention (UNCLOS)

earliest oil operator in the sea and claims 3 islands and 4

rock groups in the Spratly region

Claim: Layang Layang (Swallow's Reef) is a small reef in

the Spratly Islands, and is currently operated and
managed by the government of Malaysia
 Basis: The Law of the Sea Convention (UNCLOS)

Claims: Louisa Reef in the Spratly region, located

adjacent to its coastline
 Basis: The Law of the Sea Convention (UNCLOS)

Proximity: 450 nm from Manila, 230 nm from

Palawan

Kalayaan Island Groups

 Historical basis:
Acquisition and discovery of uninhabited land
Tomas Cloma (1956) and crew
Terra nullius
April 1972- incorporated Kalayaan group into Palawan
province as a municipality
June 1978 PD 1596 (Marcos)- claimed Kalayaan Group
July 1978 PD 1599- Kalayaan goroup was within Philippine
EEZ
 February 8, 1995- Chinese occupation of Mischief Reef, located
in Kalayaan (120 miles from Palawan)

PRCs claim: structure will be used by Chinese fishermen

Response:
seeked multilateral support and taking retaliatory measures that
included the destruction of Chinese territorial markers and the arrest
of Chinese fishermen in March 1995
announced a defense modernization program

August 1995 - the peaceful resolution of their bilateral disputes

in accordance with the principles of the 1982 Convention on the
Law of the Sea
 northern part of Borneo

bordered by Sarawak on its southwestern side, and Kalimantan (Indonesian

Borneo) to the south
coastline of approximately 800 to 900 miles and with the South China Sea in the
west and north, the Sulu Sea in the northeast and the Celebes Sea in the east
total land area: 76,115 sq km (29,388 sq miles)

Population: about 2.5 million.

North Borneo is much undeveloped and very rich in natural resources

One of the wealthiest oil producing countries is located in same island of Borneo,
the tiny Sultanate of Brunei
Land below the
Wind because of
its location below
the typhoon belt,
making it free of
any climatic
disturbances
 Sultan of Brunei granted the territory to the
Sultanate of Sulu (prize)

1878- Baron Von Overbeck with British Alfred Dent

(British North Borneo Co.)- leased Sabah
Rental payment (Malaysian ringgits or gold)
Provided arms to resist Spaniards
 1962 Pres. Diosdado Macapagal- formal claim to
Sabah (Sultanate of Sulu heirs claim)

Phil. Broke diplomatic relations with Malaysia after

it included Sabah in their territory
 June 22, 1878- lease agreement between
representatives of British North Borneo Co. and the
Sultanate of Sulu
Malaysia still continued to pay the annual rent even after the
British turnover

1939 court judgment- upheld the validity of the claim

of the heirs
 Phil continues to take legal action through the
international courts and of the Malaysian
government

Immediate objectives: rent will be increased