What is the extent of our Philippine territory? (a prelude to the principle of territoriality)
Summary
TLDRThis script delves into the concept of territoriality in Philippine criminal law, emphasizing that penal laws apply only within the nation's territory. It outlines the extent of the Philippines' national territory, including its archipelago, internal waters, and airspace, as defined by the 1987 Constitution and Republic Act 9522. The video also discusses maritime zones such as the territorial sea, contiguous zone, exclusive economic zone, and continental shelf, highlighting their legal implications. Additionally, it touches on historical territorial disputes involving Scarborough Shoal, Spratly Islands, and Sabah, asserting their inclusion in Philippine territory despite ongoing claims.
Takeaways
- 📜 The principle of territoriality in Philippine criminal law means that penal laws are enforceable only within the country's territory, even if the perpetrators are Filipinos.
- 🌏 The extent of Philippine territory is defined by Article 1 of the 1987 Constitution, including the Philippine archipelago, its terrestrial, fluvial, and aerial domains, and all territories under Philippine sovereignty or jurisdiction.
- 🏝️ The archipelagic doctrine of territoriality grants the Philippines exclusive sovereignty and jurisdiction over the islands and waters within its archipelago, including internal waters.
- 📏 The delineation of the Philippine territorial sea is based on Republic Act 9522, which amended the method of drawing straight baselines to determine the extent of the territorial sea.
- 🌊 The territorial sea extends 12 nautical miles from the baseline and includes the airspace above, seabed, and subsoil, where the Philippines exercises exclusive sovereignty and jurisdiction.
- 🔍 Scarborough Shoal and the Spratly Islands (Kalayaan Island Group) were included in the Philippine territory after the Treaty of Washington in 1900, correcting the omission from the Treaty of Paris of 1898.
- 🗺️ The Mourinho-Villard map of 1734 is a historical basis for the inclusion of Scarborough Shoal and the Spratly Islands as part of Philippine territory during the Spanish regime.
- 🇵🇭 Sabah, located in Borneo, is claimed by the Philippines based on historical ties and a lease agreement, despite being part of Malaysia after a referendum in 1963.
- 🚫 The contiguous zone, exclusive economic zone (EEZ), continental shelf, and high seas are not considered part of the Philippine territory, with varying degrees of jurisdiction and rights.
- 🛳️ The Philippines has exclusive rights to resources within its EEZ, extending 200 nautical miles from the baseline, including the right to establish artificial islands and conduct marine research.
- 🌐 The high seas are beyond national jurisdiction and are considered the common heritage of mankind, where all states can conduct peaceful activities.
Q & A
What is the principle of territoriality in Philippine criminal law?
-The principle of territoriality in Philippine criminal law means that the penal laws of the Philippines are enforceable only within its territory. It implies that crimes committed outside the Philippines cannot be penalized under its laws, even if the perpetrator and victim are Filipinos.
What does Article 1 of the 1987 Philippine Constitution state about the national territory?
-Article 1 of the 1987 Philippine Constitution states that 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, including its terrestrial, fluvial, and aerial domains.
What is the significance of the archipelagic doctrine of territoriality for the Philippines?
-The archipelagic doctrine of territoriality is significant for the Philippines because it allows the country to exercise exclusive sovereignty and jurisdiction over all the islands and bodies of water around, between, and connecting the group of islands that form the Philippine archipelago.
How did the imaginary blue line, which delineates the Philippine archipelago, come about?
-The imaginary blue line came about based on Republic Act 9522, which amended Republic Act 3046, mandating the drawing of straight baselines to delineate the extent of the Philippine territorial sea, in compliance with the Philippines' obligations under the U.N. Convention on the Law of the Sea.
What are the maritime zones regulated by the U.N. Convention on the Law of the Sea?
-The maritime zones regulated by the U.N. Convention on the Law of the Sea include the territorial waters (12 nautical miles from the baselines), the contiguous zone (24 nautical miles from the baselines), and the exclusive economic zone (200 nautical miles from the baselines).
Why was the Scarborough Shoal not included in the original Treaty of Paris between Spain and the United States?
-The Scarborough Shoal was not included in the original Treaty of Paris because the treaty used an imaginary rectangular line to delineate the extent of Spain's territory, which did not encompass the shoal, located just outside the treaty line.
How was the error of not including the Scarborough Shoal and the Spratlys in the Treaty of Paris corrected?
-The error was corrected in 1900 with the signing of the Treaty of Washington, where Spain clarified that it had relinquished to the U.S. all title and claim to any and all islands belonging to the Philippine archipelago located outside the lines of the Treaty of Paris, including the Scarborough Shoal and the Spratly Islands.
What is the basis for the Philippines claiming Scarborough Shoal and the Spratlys as part of its territory?
-The basis for the Philippines claiming Scarborough Shoal and the Spratlys as part of its territory is the 1734 Mourinho Villard map of the Philippines, which was the official Spanish government map showing the extent of Philippine territory during the Spanish regime, including these islands.
What is the historical background of the Philippines' claim over Sabah?
-The Philippines claims Sabah based on historical accounts and the 1878 lease treaty between the Sultanate of Sulu and the British North Borneo Company. The Philippines maintains that the agreement was a lease, not a sale of land, and thus continues to claim Sabah as part of its territory.
Why are the contiguous zone, the exclusive economic zone, the continental shelf, and the high seas not considered part of the Philippine national territory?
-These maritime zones are not considered part of the Philippine national territory because they fall outside the country's sovereignty. While the Philippines can exercise certain sovereign rights within these zones, such as resource exploitation and law enforcement related to specific rights, it does not have full sovereignty as it does within its territorial sea and internal waters.
Outlines
📜 Principle of Territoriality and Philippine National Territory
The script introduces the principle of territoriality in Philippine criminal law, which asserts that the nation's penal laws are enforceable only within its territory. It explains that even if both the perpetrator and victim are Filipinos, a crime committed outside the country cannot be prosecuted in the Philippines. The extent of the Philippine territory is defined by the 1987 Constitution, encompassing the Philippine archipelago, its waters, and other territories under Philippine sovereignty or jurisdiction. The script also discusses the archipelagic doctrine of territoriality, which grants the Philippines exclusive sovereignty over the internal waters around and between its islands. Additionally, it explains the delineation of the territorial sea based on Republic Act 9522, which complies with the UN Convention on the Law of the Sea, establishing maritime zones such as the territorial waters, contiguous zone, and exclusive economic zone.
🏝️ Historical Territorial Disputes and the Philippine Archipelago
This paragraph delves into the historical aspects of the Philippine territory, focusing on the Treaty of Paris of 1898 and the subsequent Treaty of Washington in 1900. It discusses the initial omission of Scarborough Shoal and the Spratly Islands (Kalayaan Island Group) from the original treaty and their correction in the Treaty of Washington, which clarified Spain's relinquishment of all islands belonging to the Philippine archipelago. The script also mentions the 1734 Mourino Villar Map, which showed these territories as part of the Philippines during the Spanish regime. It raises the question of Sabah, a territory claimed by the Philippines since 1961, and provides historical context, including its rule under the Sultanate of Brunei and the Sultanate of Sulu, and the 1878 lease agreement with the British North Borneo Company.
🌊 Understanding the Territorial Sea and Adjacent Maritime Zones
The script explains the concept of the territorial sea, which extends 12 nautical miles from the baseline and is under the exclusive sovereignty and jurisdiction of the Philippines. It describes the seabed, subsoil, insular shelves, and other submarine areas as part of the national territory. The contiguous zone, extending up to 24 nautical miles from the baseline, allows the Philippines to enforce customs, fiscal, immigration, or sanitary laws. The exclusive economic zone (EEZ), extending 200 nautical miles from the baseline, grants the Philippines exclusive rights to resources within the zone, including the seabed and subsoil. The script also touches on the continental shelf, the edge of the continent under the ocean, and its economic rights, and distinguishes these zones from the high seas, which are beyond national jurisdiction.
🌐 Sovereignty and Jurisdiction in the Philippine Territorial Waters
This paragraph clarifies the extent of the Philippines' sovereignty and jurisdiction over various maritime zones. It emphasizes that the territorial sea, including the airspace above it and the seabed, is part of the national territory. The script also mentions disputed territories such as Scarborough Shoal, the Spratlys, and Sabah, asserting that they are considered part of the national territory despite the disputes. It distinguishes these areas from the contiguous zone, EEZ, continental shelf, and high seas, which, while under certain sovereign rights, are not part of the national territory and do not confer sovereignty.
Mindmap
Keywords
💡Territoriality
💡Philippine Archipelago
💡Internal Waters
💡Archipelagic Doctrine of Territoriality
💡Republic Act 9522
💡UN Convention on the Law of the Sea
💡Territorial Sea
💡Contiguous Zone
💡Exclusive Economic Zone (EEZ)
💡Scarborough Shoal and Spratlys
💡Sabah
Highlights
The principle of territoriality in Philippine criminal law dictates that penal laws are enforceable only within the national territory.
Philippine national territory is defined by the 1987 Constitution, including the Philippine archipelago and all islands, waters, and airspace within.
The archipelagic doctrine of territoriality grants the Philippines exclusive sovereignty and jurisdiction over its islands and internal waters.
Republic Act 9522 and the U.N. Convention on the Law of the Sea define the maritime zones around the Philippines, including territorial waters and the exclusive economic zone.
The Scarborough Shoal and Spratly Islands were historically part of Philippine territory, despite being disputed.
The Treaty of Washington corrected the omission of Scarborough Shoal and the Spratly Islands in the Treaty of Paris.
The 1734 Mourinho Villard map of the Philippines provides historical evidence of the Scarborough Shoal and Spratly Islands as part of Philippine territory.
Saba, located in Borneo, has been claimed by the Philippines since 1961 based on historical treaties and regional sovereignty.
The Philippines maintains its claim over Saba based on the 1878 lease treaty and historical accounts, despite it being part of Malaysia.
The territorial sea of the Philippines extends 12 nautical miles from the baseline, with full sovereignty and jurisdiction.
The contiguous zone allows the Philippines to enforce customs, fiscal, immigration, or sanitary laws up to 24 nautical miles from the baseline.
The exclusive economic zone extends 200 nautical miles from the baseline, granting the Philippines exclusive rights to marine resources.
The continental shelf is considered part of the continent and grants the Philippines rights to non-living resources and shellfish.
The high seas are beyond national jurisdiction and are considered the common heritage of all mankind, not part of Philippine territory.
The Philippine national territory does not include the contiguous zone, exclusive economic zone, continental shelf, or high seas, despite having certain rights within them.
Transcripts
what is the extent of our national
territory
this question must be answered first as
a prelude to our discussion on the
second characteristic of philippine
criminal law which is the principle of
territoriality
what is this principle of territoriality
the principle of territoriality simply
means that penal laws of the philippines
are enforceable only within its
territory
for example
if x kills y
in the u.s
x cannot be penalized here because the
crime was committed
outside of our territory
this is so even if both x and y are
filipinos
what is that the extent
of our philippine territory
article 1 of the 1987 philippine
constitution states that an echo
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 breed and dimensions
form part of the internal waters of the
philippines
the national territory of the
philippines
therefore comprises
the philippine archipelago with all the
islands and waters embraced therein
consisting of its terrestrial fluvial
and aerial domains
when i say aerial domain it means the
airspace above the land and the waters
of a state
by the way
an archipelagic state like the
philippines is composed of a group of
islands forming a single unit
the waters around between and connecting
this group of islands form part of the
internal waters of the archipelagic
state
under the archipelagic doctrine of
territoriality
the philippines
has exclusive sovereignty and
jurisdiction over all these islands and
bodies of water
around between and connecting this group
of islands
philippine peanut laws therefore apply
whenever a crime is committed within the
archipelagic state like the philippines
now i'm showing to you a map of our
beloved philippines
surrounded by several lines
some are
rectangular lines diagonal lines
and these lines are of various colors
what do you think these lines are for by
the way they are imaginary lines
now all the islands and bodies of water
inside that imaginary blue line
form part of the philippine archipelago
over which
our government exercises exclusive
sovereignty and jurisdiction
now how did that imaginary blue line
come about
this is based on
republic act
9522 which amended republic act 3046
the law that mandated the drawing of
straight baselines in order to delineate
the extent of our territorial sea
the enactment of republic act 9522
in turn
was in compliance with the philippines
obligation under the u.n convention on
the law of the sea
the third on clause
which is a
multilateral treaty regulating
sea use rights over the following
maritime zones
the territorial waters which is 12
nautical miles from the baselines
the contiguous zone which is 24 nautical
miles
also from the baselines
and
the exclusive economic zone which is 200
nautical miles also from the baselines
the baseline i am talking about is the
blue colored line
surrounding the
philippine archipelago
as what you see in the picture
i am showing to you here a
map of our beloved philippines
surrounded by several lines some are
diagonal some are rectangular
and represented by
or represented in several colors
but first i want you to focus on
[Music]
the imaginary blue line
surrounding the entire philippine
archipelago was shaped after the
philippine archipelago
what do you think that line is for
that line is used to determine the
extent of our
territorian sea
that is the only way by which to
determine the extent of our territorial
sea because
the philippines is an archipelagic state
which is
a state composed of
many islands
and under the doctrine
of or under the archipelagic doctrine of
territoriality
an archipelagic state
must be
considered as a single unit
you will have to draw
separate bass lines
and that would be
absurd
because
the
state is considered as one single unit
it cannot be considered as separate
states
and it would be easier
of course to determine the extent of the
territorial sea
if
the archipelago
or if this group of islands
is considered only as a single unit
now
bucket pattern
after the shape of the philippines
this is so because
pursuant to our
obligations under the un convention on
the law of the sea
we have to use this straight baseline
method of delineating the territorial
sea
and this straight baseline method
consists of drawing straight lines
connecting the outermost
islands of the philippines
without departing to any appreciable
extent from the general direction of the
course
that is why
the
straight bass lines
are shaped
similar to the philippine archipelago
and
it is from
this baseline
by which we can now determine the extent
of our territorial sea
which is 12 nautical miles from that
baseline
and for purposes of criminal law
all the islands and bodies of water
inside that imaginary blue line
form part of the philippine archipelago
over which
the philippines
exercises sovereignty and jurisdiction
the national territory of the
philippines is also comprised of all
other territories over which the
philippines has sovereignty or
jurisdiction
when spain ceded the philippine islands
to the united states pursuant to the
treaty of paris of 1898
the two countries delineated the extent
of spain's territory by drawing an
imaginary rectangular line
the
rectangular line colored black you see
in the picture
such that
all those found within the said treaty
line
was what spain
seeded to the u.s in the amount of 20
million us dollars
unfortunately this was a mistake because
the drawing of such rectangular line did
not include the scarborough shoal
locally known as bajo de masillo which
is located just outside the treaty line
i am referring to that small that
pointed to by that blue green arrow in
the picture
as well as the kalayaan island group
or more popularly known as the spratlys
i am referring to that group of islands
enclosed by that green line below the
scarborough shoal
now this error of not including the
scarborough shoal
and the spratneys
was eventually corrected in 1900 when
the us and spain signed another treaty
the treaty of washington where in spain
clarified that it had also relinquished
to the u.s all title and claim of title
which spain had to any and all islands
belonging to the philippine archipelago
located outside the lines of the treaty
of paris
these territories lying outside the said
treaty line included the scarborough
shoal and the spratly islands or
the kalayaan island group
question
what is our basis for saying that the
scarborough shoal and the spratlys
were already part of the philippine
territory at the time spain ceded the
philippine islands to the us
the basis here is the
1734
mourinho villard map of the philippines
which is the official spanish government
map showing the extent of philippine
territory during the spanish regime
i am referring to the
map
shown
at the right side of your screen and as
you can see there are two arrows
there the
arrow at the top
points to the scarborough show
while the arrow below points to the
kalayaan island group or the spratty
islands
so as early as 1734
these islands
were already
considered part of
philippine territory which were under
the control of spain at that time
another question
what about saba
is saba part of philippine territory
saba is located at the northeastern tip
of borneo as what you can see in the
picture
and lies about 500 kilometers from the
philippines
although malaysia controls the sad
territory the philippines has laid claim
over saba since 1961.
let us go through some historical dates
here
in the early 1500s
saba was originally ruled by the
sultanate of brunei under the rule of
sultan bulkya
in 1658
sabah
was seeded to the sultanate of sulu as a
gift for helping the sultanate of brunei
settle and suppress a reward
in 1878
a contract of lease was entered into
between the sultanate of sulu
which controlled saba at the time
and the british north borneo company
under the agreement the british company
could occupy the eastern half of sabah
indefinitely
as long as it paid a sum of money to the
sultanate in the amount of five thousand
dollars and money
in 1946
when world war ii ended
sabah was handed over by the british
company to the british government and
was made a crown colony of
the united kingdom
in 1962
then president justin macapagal filed a
claim over saba against the uk which had
possession of the said territory at that
time
that was the first official attempt by
the philippines
to claim ownership of sabah
now in 1963
in a referendum
the people of sabbah however voted in
favor of joining the federation of
malaysia
they chose malaysia
or rather they chose to be part of
malaysia and not the philippines
both malaysia and the united kingdom
regarded the contract between the
sultanate of sulu and the british
company as a sale of land
the philippines however maintains its
territorial claim over sabah
based on that
1878 lease treaty
and based on the historical account that
sabah is a gift from the sultan of
brunei to the sultan of sulu which is
now a region and part of the sovereign
territory of the philippines
so you insist on philippine government
is that young agreement
that was entered into between
the sultan of sulu and the british
company was merely a contract of lease
and not a sale of land or not a sale of
saba to
the said company
and that is the reason why the
philippines
continues to
claim saba as part of its territory
our national territory also comprises
the territorial sea from the name itself
no matakita
the baselines no
the nautical miles from the baseline
so as you can see in the picture
everything from the baseline
to a limit not exceeding 12 nautical
miles is considered the territorial sea
where our country the philippines
exercises exclusive sovereignty and
jurisdiction
these rights extend not only on the
surface but also to the seabed and some
soil
as well as the
airspace
also comprising part of our national
territory are the seabed the subsoil
the insular shells and other submarine
areas under the territorial sea and
under our internal waters
or archipelagic waters
when you say seabed it refers to the top
surface of the earth in seas and oceans
also known as the sea floor or the ocean
floor
so you turn the seabed
it is synonymous with the terms seafloor
or ocean floor
some soil refers to everything beneath
the surface soil and the seabed
the insular shells refer to the
submerged portions of an island
while the term other submarine areas
refer to all areas under the territorial
sea like the sea mount throw trench
basin deep back shoal and reef
question what about the contiguous zone
the exclusive economic zone the
continental shelf
the high seas
are these maritime zones still part of
philippine territory
my quick answer to that is no
as to why
they are no longer part of philippine
territory
we will discover as we go through this
and the succeeding slides
let us start first with the contiguous
zone
the contiguous zone extends up to 24
nautical miles from the baseline as what
you can see in the picture
or 12 nautical miles from the
territorial sea
although not part of the territory
the coastal state like the philippines
may still exercise jurisdiction to
prevent infringement of customs
fiscal immigration or sanitary laws
next is the exclusive economic zone or
eez
the exclusive economic zone extends 200
nautical miles from the baseline
please refer to the picture at your
right
in this zone
a coastal state like the philippines has
the exclusive right to
exploit or conserve any resources found
within the water
or on the seafloor or under the sea
floors subsoil
engage in offshore energy generation
from the waves currents and wind within
the said easy
and
establish and use artificial islands
installations and structures and conduct
marine scientific research
here
the coastal state
only has law enforcement capacity to
protect the above rights because when i
say exclusive
no other state
has the right to
exploit
the resources found within
the exclusive economic zone
if some other state or if some other
person
exploits the resources found within the
eez
then
the coastal state like the philippines
has jurisdiction to
enforce its right
to the exclusive use
of such
marine zone or area
the continental shelf
the continental shelf is
the edge of a continent that lies under
the ocean
as you can see in the picture
now continents
are the seven main divisions of land on
earth
the continental shelf extends from the
coastline of a continent
to a drop of point called the shelf
brick
from the brick the shelf descends toward
the deep ocean floor
in what is called the continental slope
again
the picture shows what i am describing
about
even though
or even if the continental shelf
is under water
a continental shelf is considered part
of a continent
the actual boundary of the continent is
not its coastline
but the edge of the continental shelf
now the economic rights within the
continental shelf
extend only to
non-living resources and sedentary
living resources such as shellfish
it also allows the coastal state to
build artificial islands installations
and structures
lay submarine cables and pipelines and
conduct marine research
as with the exclusive economic zone the
coastal state only has
low enforcement capacity to protect the
above rights
what about the high seas
the high seas is the ocean surface
beyond the exclusive economic zone
as the common heritage of all mankind
the isis is beyond any national
jurisdiction
all states for that matter can conduct
activities in the isis so long as they
are for peaceful purposes such as
transit marine science and undersea
exploration
since as a general rule our penal laws
can only be enforced within philippine
territory
it is imperative that
we are able to determine
or ascertain what comprises our national
territory
they are
to repeat the philippine archipelago and
its internal waters meaning everything
inside the baselines including the
airspace above the said islands and
waters
the philippine territory or our national
territory is also comprised of
all those territories over which the
philippines has sovereignty or
jurisdiction like the scarborough shoal
the spratlys and
sabah
although take note
these
islands
are
disputed territories
but even if they are
under dispute as far as the philippines
is concerned they are part of
the national territory
comprising the national territory is
also the territorial sea including the
air space above it and
the sea bed
the subsoil
the insular shells and other submarine
areas under the territorial sea and
internal waters
again
the contiguous zone
the exclusive economic zone
the continental shelf
the high seas
as well as the airspace above them
are not part of our national territory
take note of that
since they are not part of our national
territory
we do not have sovereignty over these
areas
at best we can only exercise sovereign
rights
to exclusively fish and enjoy the marine
resources in the contiguous zone and in
the exclusive economic zone
including the continental shelf below
the contiguous zone and the exclusive
economic zone for up to 200 nautical
miles from the baselines
of course no country or state
exercises sovereignty
or sovereign rights in the ics
okay
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