Political Law Bar Exam Answers: National Territory

Archipelagic Doctrine (1989)

No. 20: What do you understand by the archipelagic  doctrine?  Is  this  reflected  in  the 1987 Constitution?

SUGGESTED ANSWER:

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 waters 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 breadth or dimensions are merely internal waters.

Yes, the archipelagic doctrine is reflected in the 1987 Constitution. Article I, Section 1 provides that the national territory of the Philippines includes the Philippine archipelago, with all the islands and waters embraced therein; and 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.

Contiguous  Zone  vs.  Exclusive  Economic Zone (2004)

(2-a-2) Distinguish: The contiguous zone and the exclusive economic zone.

SUGGESTED ANSWER:

CONTIGUOUS ZONE is a zone contiguous to the territorial sea and extends up to 12 nautical miles from the territorial sea and over which the coastal state may exercise control necessary to prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea. (Article 33 of the Convention on the Law of the Sea.)

The EXCLUSIVE ECONOMIC ZONE is a zone extending up to 200 nautical miles from the baselines of a state over which the coastal state has   sovereign   rights   for   the   purpose   of exploring and exploiting, conserving and managing the natural resources, whether living or nonliving, of the waters superjacent to the seabed and of the seabed and subsoil, and with regard to other activities for the economic exploitation   and   exploration   of   the   zone. (Articles 56 and 57 of the Convention on the Law of the Sea.)

Exclusive  Economic  Zone;  Rights  of  the Coastal State (1994)

No. 11: In the desire to improve the fishing methods of the fishermen, the Bureau of Fisheries, with the approval of the President, entered into a memorandum of agreement to allow Thai fishermen to fish within 200 miles from the Philippine sea coasts on the condition that Filipino fishermen be allowed to use Thai fishing equipment and vessels, and to learn modern technology in fishing and canning.

1)   Is the agreement valid?

SUGGESTED ANSWER:

1)     No. the President cannot authorize the Bureau  of  Fisheries  to  enter  into  a memorandum of agreement allowing Thai fishermen to fish within the exclusive economic zone  of  the  Philippines,  because  the Constitution reserves to Filipino citizens the use and enjoyment of the exclusive economic zone of the Philippines.

Section   2.   Article   XII   of   the   Constitution provides: “The State shall protect the nation’s marine part in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment to Filipino citizens.”

Section 7, Article XIII of the Constitution provides: “The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of the communal marine and fishing resources, both inland and offshore. It shall provide support to such fishermen through appropriate technology and research, adequate financial, production, and marketing assistance, and other services. The State shall also protect, develop, and conserve such resources. The protection shall extend    to    offshore    fishing    grounds    of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources.

Exclusive  Economic  Zone;  Rights  of  the

Coastal State (Q1-2005)

(c)     Enumerate the rights of the coastal state in the exclusive economic zone. (3%)

ALTERNATIVE ANSWER:

In  the  EXCLUSIVE  ECONOMIC  ZONE,  the coastal  State  has  sovereign  rights  for  the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and  with  regard  to  other  activities  for  the economic  exploitation  and  exploration  of  the zone, such as the production of energy from the water,  currents  and  winds  in  an  area  not extending more than 200 nautical miles beyond the  baseline  from  which  the  territorial  sea  is measured. Other rights include the production of energy from the water, currents and winds, the establishment and use of artificial islands, installations  and  structures,  marine  scientific research and the protection and preservation of the    marine    environment.    (Art.    56,    U.N. Convention on the Law of the Sea)

ALTERNATIVE ANSWER:

SOVEREIGN RIGHTS — for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the seabed and subsoil and the superjacent waters, and with regard to other activities such as the production of energy from the water, currents and winds in an area not extending more than 200 nautical miles beyond the baseline from which the territorial sea is measured. (See Art. 56, UNCLOS)

Jurisdiction, inter alia, with regard to:

(1)   the  establishment  and  use  of  artificial islands, installations and structures;

(2)   marine scientific research; and

(3)   the  protection  and  preservation  of  the marine environment.

Flag State vs. Flag of Convenience (2004)

(2-a-3) Distinguish:  The flag state and the flag of convenience.

SUGGESTED ANSWER:

FLAG STATE means a ship has the nationality of the flag of the state it flies, but there must be a genuine link between the state and the ship. (Article 91 of the Convention on the Law of the Sea.)

FLAG OF CONVENIENCE refers to a state with which a vessel is registered for various reasons such as low or non-existent taxation or low operating costs although the ship has no genuine link with that state. (Harris,  Cases  and Materials on International Law, 5th ed., 1998, p. 425.)

Territory & Government (1996)

No.   8:      A   law   was   passed   dividing   the Philippines into three regions (Luzon, Visayas, and     Mindanao),     each     constituting     an independent state except on matters of foreign relations,    national    defense    and    national taxation,   which   are   vested   in   the   Central government. Is the law valid? Explain.

SUGGESTED ANSWER:

The law dividing the Philippines into three regions, each constituting an independent state and vesting in a central government matters of foreign relations, national defense, and national taxation, is unconstitutional.

First, it violates Article I, which guarantees the integrity   of   the   national   territory   of   the Philippines because it divided the  Philippines into three states.

Second, it violates Section 1, Article II of the Constitution, which provides for the establishment   of   democratic   and   republic States   by   replacing   it   with   three   States organized as a confederation.

Third, it violates Section 22, Article II of the Constitution, which, while recognizing and promoting the rights of indigenous cultural communities, provides for national unity and development.

Fourth, it violates Section 15, Article X of the Constitution, which, provides for autonomous regions in Muslim Mindanao and in the Cordilleras within the framework of national sovereignty as well as territorial integrity of the Republic of the Philippines.

Fifth, it violates the sovereignty of the Republic of the Philippines.

Territorial Sea vs. Internal Waters (2004)

(2-a-1) Distinguish: The territorial sea and the internal waters of the Philippines.

SUGGESTED ANSWER:

TERRITORIAL SEA is an adjacent belt of sea with a breadth of 12 nautical miles measured from the baselines of a state and over which the state has sovereignty. (Articles 2 and 3 of the Convention on the Law of the Sea.) Ship of all states  enjoy  the  right  of  innocent  passage through  the  territorial  sea.  (Article  14  of  the Convention on the Law of the Sea.)