National Territory

2. Aerial Domain -it refers to air space above the territorial lands and waters of the Philippines but excluding the outer space.

a. Air Space- the constitutional provision on aerial domain is an affirmation of the generally accepted principle of international law found in the international convention of civil aviation, also known as Chicago Convention.

b. Outer space- it is physical universe beyond the atmosphere of the earth. Other space is beyond the territorial sphere of state.

Right of Involuntary Entrance

Exclusive Economic Zone – Exclusive right to explore and exploit natural resources and limited jurisdiction over matters involving custom fiscal, health safety, and immigration law and regulation.

High Seas – Free to everybody Common to all mankind.

3. Fluvial Domain- it refers to internal or national waters and external or territorial waters over which the Philippines exercises jurisdiction.

a. Internal or National Water- they include rivers, lakes, canals, ports, harbors, gulls, and bays and water around between and connecting the islands of archipelago .

Right of involuntary entrance is the right of any foreign merchant vessel to enter the territorial waters of a state in case of emergency such as lack, of provision, unseaworthiness of the vessel, inclement weather, pursuit of pirates, or other force majeure.

Three Kinds of Domains

Territorial waters of the Philippines

1.Terrestrial Domain – refers to land, whether agricultural, forest or timber, mineral lands, and national parks under sovereignty.

1935 Article 1

(a.1) internal water under constitution- the waters around, between, and connecting the island of archipelago, regardless of their breadth and dimension, form part of the internal waters of the Philippines.

(a.2) Archipelagic Water under International Law- the convention on the law of the sea also recognizes the archipelago doctrine.

Internal Waters- No rights of involuntary entrance or innocent passage

Archipelagic waters – No rights of innocent passage but with right of involuntary entrance.

External Waters – Right of involuntary entrance/right of innocent passage.

Contiguous Zones – Control necessary to prevent and punish infringent of its custom fiscal, immigration or sanitary regulation.

The Philippines comprises all the territory ceded to the United States by the Treaty of Paris concluded between the United States and Spain on the tenth day of December, eighteen hundred and ninety-eight, the limits which are set forth in Article III of said treaty, together with all the islands embraced in the treaty concluded at Washington between the United States and Spain on the seventh day of November, nineteen hundred, and the treaty concluded between the United States and Great Britain on the second day of January, nineteen hundred and thirty, and all territory over which the present Government of the Philippine Islands exercises jurisdiction.

Objectives:

1973 Article 1

At the end of the lesson the student should be able to

1.Have knowledge of the national territory of the Philippines; and

2.Appreciate the value and importance of Philippine territory

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all the other territories belonging to the Philippines by historic or legal title, including the territorial sea, the air space, the subsoil, the sea-bed, the insular shelves, and the submarine areas over which the Philippines has sovereignty or jurisdiction. The waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the Philippines.

e. International water, high seas or open sea- it refers to the portion of the ocean, which is beyond the territorial jurisdiction of any country. Since antiquity up to the middle ages it has been an accepted principle that open sea is free to everybody and like, air, it is common to all mankind.

Philippine Territory

the national territory of the Philippines comprises of:

1. The Philippines archipelago consisting of three main islands, namely:

Provision

Luzon

Visayas

The provision on national territory is substantial reproduction of Article 1 of the 1973 with some minor changes. In 1935 constitution, it described the national territory by referring to the treaties concluded by the United States during its regime in the Philippines.

2. All waters embracing the said island such as water under the archipelago doctrine ( i.e., all water around, between and connecting islands of archipelago, regardless of breadth and dimensions, form part of the internal waters of the Philippines), and territorial sea including the seabed, the subsoil, insular selves and other submarine areas

Mindanao

Subsoil -refers to everything beneath the surface of the land and the seabed, including mineral and natural resources.

Seabed or Sea floor or Sea bottom - refers to the land that holds the sea, lying beyond the sea shore including mineral and natural resources.

1987 Article 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.

WHAT IS THE VERTICAL LIMIT OF THE TERRITORY OF STATE?

The Karman Line

It lies at an attitude of 100 kilometers (62mi) above the Earth's sea level and is commonly used to define

2. All other territories over which the Philippines has sovereignty or jurisdiction. This refers to territories that might presently or in the future belong to the Philippines covered by any of the modes of acquisition such as discovery and covered by any of the modes of acquisition such as discovery and occupation accepted under international law.

Sabah Issue

The historical claim of the Philippines over Sabah came into being in 1850 when the Sultan of Brunei gave Sabah to the Sultan of Sulu our of gratitude in helping to stop the rebellion in Brunei. Moreover, Sabah was leased by the British government and had paid rentals to the Sultan of Sulu until 1950. In 1963, the United Nations conducted a referendum, where the people of Sabah voted to be part of Malaysia.

Components of the National Territory

d. Two Hundred –Miles Exclusive Economic Zone- it refers to area beyond and adjacent to the territorial sea, not to exceed 200 nautical miles from baseline (archipelagic line), where the Philippines has an exclusive right to explore and exploit natural resources found therein and limited jurisdiction over matters involving customs, fiscal, health, safety, and immigration laws and regulations.

1. Philippine Archipelago with all the island and waters embraced therein. An archipelago is a body of water studded with island, and the Philippines is composed of more than 7,000 islands.

The Philippines is the very archipelago delineated in the Treaty of Paris of December 10, 1898 concluded by the United States and Spain, and was modified by the treaty of Washington of November 7, 1990 and the Treaty with Great Britian of January 2, 1930. These are the treaties mentioned in the definition of National Territory under the 1935 Constitution.

Right of Innocent Passage

Right of innocent passage is the right of any foreign merchant vessel to navigate through the territorial waters of a state for purpose of traversing that sea without entering internal waters, or proceeding to internal waters, making for the high seas from internal waters, as long as it is not prejudicial to the peace, good order or security of the coastal state.

b. External or Territorial Waters or Maritime Zone- Maritime zone refers to all waters seaward to a line twelve (12) nautical miles. ( Twelve –Mile Limit Rule) distant from the archipelagic baseline over which the Philippines exercises jurisdiction.

c. Twelve – Mile Contiguous Zone- it refers to all waters seaward to a line twelve (12) nautical miles distant from the outer limits of territorial waters , under which the Philippines has control necessary to prevent infringement of its customs, fiscal, immigration, or sanitary regulations and punish infringement of the above regulations and committed in its territory.

Panatag Shoal and Spratly

3. Freedom to put down passenger, mail, and cargo on the territory of the state whose nationality the aircraft possess;

4. Freedom to take on passengers, mail and cargo destined for the territory of any other contracting State;

5. Freedom to put down passengers, mail and cargo coming from any such territory.

The United States concluded unilateral agreements with other States embodying the "Five Freedoms." The Five Freedom can be invoked if is a treaty or special agreement on the matter.

Panatag Shoal is a reef in the Philippines Sea both claimed by Philippines and China. Both countries decided to withdraw its presence in the shoal to ease tensions in the area. The Philippines withdrew by middle of June , but despite of an agreement to withdraw, the Chinese ships never left and even cordoned off the mouth of the shoal’s lagoon to prevent the entry of fishing boats from other countries.

Five Air Freedoms

Sixth Air Freedom

The International Air Transport Agreement entered into by 16 states in Chicago on December 7, 1994 guarantees the so called "Five Freedoms" in transportation by air.

The five freedoms are as follow:

1.Freedom to fly across the territory without landing;

2.Freedom to land for non-traffic purposes;

In the aviation industry, there is another sir freedom which is recognized as an international practice. This air freedom called the Sixth Air Freedom which is "the privilege to bring passengers and cargo from one country to the airline's home country and then transit them to a third country and vice versa"

National Territory