Article 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, the connecting the islands of the

archipelago, regardless of their breadth and dimensions, from
part of the internal waters of the Philippines.
Click to edit Master text styles
Second level
Third level
Fourth level
Fifth level
 Archipelago
Came from the Greek word - Pelagos, meaning sea or a sea
studded with islands
Approximately 7,100 islands
The Philippines as a State is an archipelago.
Loosely meant the bodies of water which surrounded a country.
bounded in the east Pacific ocean, in the west by the South China
Sea, & in the south by the Celebes & Sulu Seas. Situated in the
Southeast Asia.
Northernmost is Y’ami – 240 Kilometers off Taiwan
Southernmost island is – Saulag north of Borneo
The purpose of archipelago is to integrate group of islands into one
political , economic & geographical unit , so the waters around ,
between & connecting the islands shall be regarded as one unit.
 Archipelago Doctrine
Arturo M. Tolentino
Statesman
Promulgated the “Archipelago Doctrine”
Chairman of the delegation of the Philippines to the UNCLOS
(1978-1982)
Inland seas & continental shelves shall become integral parts of
the sovereign territories of archipelagic nation-states,
This doctrine provides “Hypothetical-extent” framework,
Later on this doctrine has been accepted by signatory-States of
UNCLOS.
International Law ( I.L.)
A country's territory is defined & limited not by its self-serving
claim as to what it covers , but by international treaties and
customs . (Organista 1999)
Eg, Treaty of Washington, Treaty of Paris of 1898, Treaty
of 1930, & UNCLOS of 1984 (DEC.10)

It is to be understood that a constitution is a municipal law or a

national law; it is never part of international law.
Municipal law is not binding among nations , they can ignore or
disregard it;
However they are also obliged to respect it,
Nations are obliged to respect the territorial integrity ,
sovereignty & independence of all the nations & states.
Click to edit Master text styles Scope of Jurisdiction Over
Second level Navigable Jurisdiction:
Third level
Fourth level 1. Internal Waters/Fluvial waters
Fifth level – bodies of water like lakes &
rivers.

2. Territorial Waters - 12 N
miles around the archipelago,
delineation is on base UNCLOS

3. EEZ – bodies of water 12 N

miles from the outer ring of the
territorial sea, the are wherein we
have the right to explore, to
exploit, to conserve & to manage
the maritime & natural resources.

4. International Seas – beyond

the EEZ of the State, not subject
to jurisdiction of any state, but
each sovereign country enjoys
equal opportunity to use.
Contiguous Zone
Click to edit Master text styles
Second level
Third level
Fourth level
Fifth level
Click to edit Master text styles
Second level
Third level
Fourth level
Fifth level
 Other Maritime Domains
Seabed – the land or the floor of the sea,
Subsoil – land and soil beneath the seabed,
Insular Shelves – submerged portions of a continent or offshore island
Click to edit Master text styles
Second level
Third level
Fourth level
Fifth level
 Foreign Ships Passing Through Archipelagic
Lanes
Under the UNCLOS - “The Right of Innocent Passage” over
the Philippines archipelagic waters, not the internal waters
or any port or facility,
The passage should be continuous & expeditious,
Submarines & other underwater vehicles are required to
navigate on the surface & show their flag.
Passage is considered innocent as long as it is not
prejudicial to the “peace, good order, or security of the
archipelagic state
Following are prohibitions during innocent
passage:

A. Any fishing activities,

B. Any threat or use of force use against the territorial integrity or
political independence of the Archipelagic state,
C. Any exercise or practice with weapons of any kind,
D. Any act of espionage affecting the defense & security of the
state,
E. The launching, landing or taking on board of any aircraft; and
F. Any act of willful & serious pollution

Note: while passing they should observe all such laws &
regulations & all generally accepted international regulations to
prevent collision at sea.
 Foreign Ships Passing Through Sea
Lanes
Archipelagic sea-lanes passage means “the exercise of the rights of navigation
& over flight in the normal mode (submarines can thus navigate below the
surface) solely for the purpose of continuous , expeditious, & unobstructed
transit between one part of the high seas or an exclusive economic zone to
another part of the high sea or an exclusive economic zone.”

A foreign ship exercising this right cannot enter a port of call in the archipelago,

Duties of ships & aircraft exercising archipelagic sea-lanes passage:

proceed without delay through or over the sea lane or air route;
refrain from any threat or use of force against the archipelagic state during
the sea lanes; and
refrain from any activities other than those incidents to their normal mode.