Module #4-National Territory PPG PDF

Philippine Politics and Governance
Governor Pack Road, Baguio City, Philippines 2600

Tel. Nos.: (+6374) 442-3316, 442-8220; 444-2786;
442-2564; 442-8219; 442-8256; Fax No.: 442-6268 Name:
Email: email@uc-bcf.edu.ph; Website: www.uc-bcf.edu.ph
S.Y. 2020-2021 First Trimester Grade Level/Section:

MODULE 1 – UCSP Subject Teacher: KIMBERSON P. ALACYANG
MODULE 4: ARTICLE 1: THE PHILIPPINE NATIONAL TERRITORY

I. LEARNING OBJECTIVES:
Learning Objectives:
A. identify the territorial jurisdiction and territorial composition of the Philippines as provided in Article
1;
B. trace the historical claim of the Philippine territory;
II. DISCUSSION
Article I – THE NATIONAL TERRITORY
SECTION 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 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.”
Philippine Archipelago. – (1) Treaty of Paris, December 10 1898 – cessation of the Philippine Islands by
Spain to the United States; (2) Treaty of Washington November 7 1900 – clarifying territories to the US by
Spain, particularly the islands of Cagayan Sulu and Sibutu; (3) Convention between US and Great
Britain 1930– delimiting the boundary between North Borneo and Philippine Archipelago.
• What comprises the National Territory?

1. The Philippine Archipelago with all the islands embraced therein -
Under the UNCLOS (United Nations Convention on the Law of the Sea), it is a group of islands,
interconnecting waters and other natural features which are so closely inter-related that such islands,
waters and natural features from an intrinsic geographical, economic and political entity, or which
historically regarded as such.
United Nations Convention on the law of the Sea (UNCLOS) - An international treaty that provides a
regulatory framework for the use of the world’s seas and oceans, inter alia, to ensure the
conservation and equitable usage of resources and the marine environment and to ensure the
protection and preservation of the living resources of the sea.
2. Elements of Archipelagic Principle. - A. Definition of internal waters; B. Straight baseline method of

delineating the territorial sea. Straight Baseline Method - allows a country with offshore islands and/or
very jagged coastlines to calculate its territorial seas from straight lines drawn from a point on the coast
to the islands, or from island to island. One then “connects the dots” literally, and the water behind
the lines is designated internal waters, while waters away from the line and toward open waters are
considered territorial seas.
Tel. Nos.: (+6374) 442-3316, 442-8220; 444-2786;
442-2564; 442-8219; 442-8256; Fax No.: 442-6268 Name:

3. All other territories over which the Philippines has sovereignty or jurisdiction -
Includes any territory that presently belongs or might in the future belong to the Philippines
through any of the accepted international modes of acquiring territory.
Batanes (1935 Constitution); Other territories belonging to the Philippines by historic or legal title
(1973 Constitution); Claim to Sabah; Spratly Islands (PD 1596 of June 11 1968)
• Components of National Territory:

I. Terrestrial – refers to the land mass, which may be integrate or dismembered, or partly bound by
water or consists of one whole island. It includes all the resources attached to the land.
II. Fluvial
a. Internal waters - the waters around, between and connecting the islands of the archipelago,
regardless of their breadth and dimensions.
b. Archipelagic waters – waters enclosed by the archipelagic baselines, regardless of their depth or
distance from the coast.
Archipelagic State – state made up of one or two archipelagos
Straight Archipelagic Baseline – determine the archipelagic waters, the state shall draw straight
baselines connecting the outermost points of the outermost islands and drying reef provided that within
such baselines are included the main islands and an area in which the ratio of the water to the area
of land, including atolls, is between 1:1 and 9:1. The length of such baselines shall not exceed 100
nautical miles, except that up to 3 per cent of the total number of baselines enclosing any archipelago
may exceed that length, up to a maximum length of 125 nautical miles. The drawing of such baselines
shall not depart to any appreciable extent from the general configuration of the archipelago.
c. Territorial sea - belt of the sea located between the coast and internal waters of the coastal state
on the one hand, and the high seas on the other, extending up to 12 nautical miles from the low water
mark
d. Contiguous zone - Extends up to 12 nautical miles from the territorial sea. Although not part of the
territory, the coastal State may exercise jurisdiction to prevent infringement of customs, fiscal,
immigration or sanitary laws.
Principle of Innocent Passage – guarantees that all vessels, whatever flag that they are flying,
can freely cross all territorial seas.
e. Exclusive economic zone - Body of water extending up to 200 nautical miles, within which the
state may exercise sovereign rights to explore, exploit, conserve and manage the natural resources.
f. Continental shelf – the seabed and subsoil of the submarine areas extending beyond the
Philippine territorial sea.
g. High seas – res communes; not territory of any particular State. They are beyond the jurisdiction
and sovereign rights of the State.
III. Aerial – Rules governing the high seas also apply to outer space, which is considered as res
communes.
Kármán Line – lies an altitude of 100 km (62 mi) above the Earth's sea level and is commonly
define the boundary between the Earth's atmosphere and outer space.
Tel. Nos.: (+6374) 442-3316, 442-8220; 444-2786;
442-2564; 442-8219; 442-8256; Fax No.: 442-6268 Name:

• The need for a Constitutional provision on National Territory

There is no rule in International Law that delimits a state’s territorial boundaries in the Constitution.
The reason is, with or without its provision, the state, under International Law, has the unquestioned right
of jurisdiction over the extent of its territory. Likewise, it will not prevent other states from claiming
territories which they think belong to them in accordance with the modes of acquiring territory.
III. ASSESSMENT
*Note: To be placed in the Assignment portion of your module and it will be published based on your
you class schedule.
IV. REFERENCES:
• Carlos.et al., Politics and Governance, Manila: REX Book Store. 2010
• De Leon, H. Philippine Constitution. REX Book Store. 2014
• Melegrito et. al., Philippine Politics and Governance, Quezon City: Phoenix Publishing House, Inc.
2016
• Antonio Carpio’s lecture on National Territory https://www.slideshare.net/SamGalope/lecture-
the-south-china-sea-west-philippine-dispute-justice-antonio-t-carpio-philippine-social-science-
center https://www.youtube.com/watch?v=2GWcgKNMxjo&t=1937s

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Philippine Politics and Governance

Governor Pack Road, Baguio City, Philippines 2600

S.Y. 2020-2021 First Trimester Grade Level/Section:

MODULE 4: ARTICLE 1: THE PHILIPPINE NATIONAL TERRITORY

• What comprises the National Territory?

2. Elements of Archipelagic Principle. - A. Definition of internal waters; B. Straight baseline method of

S.Y. 2020-2021 First Trimester Grade Level/Section:

• Components of National Territory:

S.Y. 2020-2021 First Trimester Grade Level/Section:

• The need for a Constitutional provision on National Territory

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