Part 1: Constitutional

Provisions

PREAMBLE
Art. I. The National Territory
Sec. 1. -The national territory comprises
the Philippine archipelago, with all the
islands and waters embraced therein,
and all other territories over which the
Philippines has sovereignty or
jurisdiction, consisting of its 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 breath
and dimensions, form part of the
internal waters of the Philippines.
1. The Philippine archipelago
2. All other territories over which the
Philippines has sovereignty or
jurisdiction
3. Terrestrial, fluvial, territorial sea, sea
bed, subsoil and insular shelves and
other submarine areas
4. Aerial domain [air space]
UNCLOS Terms
1. Internal waters the waters around,
between and connecting the island of the
archipelago [foreign ships cannot navigate
w/o consent, except if right of innocent
passage previously existed]
2. Territorial sea the waters within 12 miles
from the base line [part of territory and
exercises full sovereignty but theres right of
innocent passage] maritime belt
3. Contiguous zone the waters not
exceeding 24 miles from the base line.
State exercises control to prevent and
punish breach of customs, immigration and
sanitary laws
4. Exclusive economic zone the waters
within 200 miles from the base line. State
can explore, manage and exploit living and
non-living resources. [freedom of
navigation, right of over-flight]
5. Continental shelf the sea bed and sub-
soil, which extends throughout the natural
prolongation of its land territory to the extent
of 350 miles or to within 200 miles if the
natural prolongation does not go beyond
State can explore and exploit living and non-
living resources.
6. High Seas.
3. Under the UNCLOS, the states territorial sea
extends to the waters within:

a. 12 nautical miles from the base line

b. 24 nautical miles from the base line
c. 200 nautical miles from the base line
d. Not more that 350 miles from the base line
4. The Philippine territory extends up to:
a) The territorial sea
b) The contiguous zone
c) The exclusive economic zone
d) The continental shelf
5. The Philippines exercise full
sovereignty and jurisdiction over its:
a) The territorial sea
b) The contiguous zone
c) The exclusive economic zone
d) The continental shelf
6. Over-flights of foreign aircrafts are not
permitted without the consent of the
state above its:
a) The territorial sea
b) The contiguous zone
c) The exclusive economic zone
d) The continental shelf
7. Which is a proper exercise of the right of
innocent passage?
a. Passing of a ship within the territorial sea of
another in transit to a foreign port
b. Fishing within the exclusive economic zone
of a coastal state
c. Laying submarine cable within the
continental shelf of another state
d. Taking photos of the coastal defenses of a
coastal state
8. Under the archipelagic doctrine, within
the EEZ, a state can:
a. Punish violation of its criminal statutes
b. Enforce its customs and immigration
laws
c. Exploit economic resources and
conduct scientific research
d. Prevent foreign ships from passing.
Bar Questions:
1989, No. 20: What do you understand by
the Archipelagic Doctrine? Is it reflected in
the Constitution?

The archipelagic doctrine emphasizes the unity

of land and waters by defining an archipelago
either as a group of islands surrounded by
waters, or a body of water studded with
islands. For this purpose it requires that
baselines be drawn by connecting the
appropriate points of the outermost islands to
Encircle the islands within the
archipelago. The waters on the
landward side of the baselines
regardless of breath or dimensions are
considered internal waters.
1991, No. 15: Define (e) continental
Shelf. (i) innocent passage
2000, 19: a) What is the basis of the
Philippines claim to a part of the
Spratly islands? Discuss briefly.

(b) What is the concept of the exclusive

economic zone under the UN
Convention on the Law of the Sea?
2003/19: What is outer space?

2004/2: Distinguish between:

1. Territorial sea and internal waters
of the Philippines
2. Contiguous zone and exclusive
economic zone
2005/1 Enumerate the rights of a
coastal state in the Exclusive Economic
Zone.