What is the extent of our Philippine territory? (a prelude to the principle of territoriality)

Summary

This 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.