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National Territory

This document discusses the national territory of the Philippines. It defines the national territory to include the Philippine archipelago and all islands and waters within, as well as other territories over which the Philippines has sovereignty or jurisdiction. It also discusses the archipelagic concept of territoriality, where the archipelago is considered a single unit and the waters between islands form part of the internal waters of the state.

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23K views8 pages

National Territory

This document discusses the national territory of the Philippines. It defines the national territory to include the Philippine archipelago and all islands and waters within, as well as other territories over which the Philippines has sovereignty or jurisdiction. It also discusses the archipelagic concept of territoriality, where the archipelago is considered a single unit and the waters between islands form part of the internal waters of the state.

Uploaded by

pixholic
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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National Territory

 Necessity of constitutional provision


on National Territory:
 1. Binding force of such provision
under international law- with or
without such provision, a State under
International law has the
unquestioned right to assert
jurisdiction throughout the extent of
its territory
 2. Value of provision defining or
national territory
National Territory of the
Philippines
 1. The Philippine archipelago with all
the islands & waters embraced
therein
 2.All other territories where the
Philippines has sovereignty or
jurisdiction
 3. The terrestial fluvial,& aerial
domains including the territorial sea,
the seabed, the subsoil, the insural
shelves & other submarine areas
National Territory

 Definition of archipelago: “pelagos”


meaning sea. It is a sea or part of the
sea studded with islands synonymous
with island groups or a large group of
islands in an extensive body of water
as the sea.
 Other territories over which the
Philippines has juridiction:
 1. Pending Philippine claim to Sabah
etc.
 2. Future claims by the Philippines to
National Territory

 Included in the fluvial domains in the


country:
 1. territorial seas
 2. the seabed
 3. the subsoil
 4. insular shelves
 5. other submarine areas
 Three-fold division of navigable waters:
 1. Inland or internal waters
 2. Territorial sea
 3. High or open seas
National Territory

 The archipelagic concept or principle


of territoriality: The Philippines is a
state composed of a number of
islands
 The archipelago shall be considered a
single unit so that the waters around,
between, and the islands of the
archipelago irrespective of their
breadth & dimension form part of the
internal waters of the state subject
otexclusive sovereignty
National Territory

 The Philippine Position:


 1. Fatal effect of the application of the
12 mile rule upon territorial integrity of
the Philippines: dismemberment of the
archipelago with the Sibuyan Sea
separating the Visayas, & Mindanao
Strait and the Sulu isolating Palawan
from the rest of the archipelago
 2.The Philippines a single nation and a
united state
 3. Archipelago principle fully recognized
by UN Law of the Sea Convention

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