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

Fiscal EJ
30 Aug 202127:37

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

  • πŸ“œ 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.
  • πŸ“ 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.
  • πŸ” 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.
  • πŸ—ΊοΈ 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.
  • πŸ‡΅πŸ‡­ 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.
  • πŸ›³οΈ 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

00:00

πŸ“œ 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.

05:02

🏝️ 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.

10:05

🌊 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.

15:08

🌐 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

πŸ’‘Territoriality

The principle of territoriality refers to the jurisdictional scope of a state's laws, indicating that they are enforceable only within the state's territory. In the video, this concept is crucial as it sets the stage for discussing the limitations of Philippine criminal law, emphasizing that crimes committed outside the country cannot be prosecuted under Philippine law, even if the perpetrators are Filipinos.

πŸ’‘Philippine Archipelago

The Philippine Archipelago is the collection of islands that constitute the Philippines. It is significant in the video as it defines the geographical extent of the national territory where Philippine laws, including criminal laws, apply. The script mentions that the archipelago, along with its internal waters, forms part of the Philippines' sovereignty and jurisdiction.

πŸ’‘Internal Waters

Internal waters are the waters on the internal side of the baseline of a nation's territory, which includes bays, sounds, and other bodies of water. In the context of the video, the internal waters of the Philippines are part of the national territory where the country's laws are enforceable, emphasizing the importance of these waters in defining the extent of the country's sovereignty.

πŸ’‘Archipelagic Doctrine of Territoriality

The archipelagic doctrine of territoriality is a principle that treats an archipelagic state as a single entity for the purpose of drawing baselines for territorial seas. The video explains that under this doctrine, the Philippines exercises exclusive sovereignty and jurisdiction over the waters around, between, and connecting the islands of the archipelago, which is essential for understanding the application of Philippine laws within its maritime zones.

πŸ’‘Republic Act 9522

Republic Act 9522 is a Philippine law that amended Republic Act 3046, providing for the drawing of straight baselines to delineate the territorial sea of the Philippines. The video script highlights this law as the legal basis for the imaginary blue line on the map, which represents the extent of the Philippine territorial sea and is crucial for determining where Philippine laws apply.

πŸ’‘UN Convention on the Law of the Sea

The United Nations Convention on the Law of the Sea (UNCLOS) is an international treaty that outlines the rights and responsibilities of nations in their use of the world's oceans. The video discusses how the Philippines' maritime zones, such as the territorial waters, contiguous zone, and exclusive economic zone, are defined in accordance with UNCLOS, which is pivotal for understanding the country's maritime jurisdiction.

πŸ’‘Territorial Sea

The territorial sea is a belt of coastal waters extending at least 12 nautical miles from the baseline of a nation's territory. In the video, the territorial sea of the Philippines is defined by the straight baseline method, and it is within this zone that the country exercises exclusive sovereignty and jurisdiction, which is vital for the enforcement of its penal laws.

πŸ’‘Contiguous Zone

The contiguous zone is a maritime zone that extends beyond the territorial sea, typically up to 24 nautical miles from the baseline. While not part of the national territory, the video explains that the Philippines can exercise jurisdiction in this zone to prevent infringement of its customs, fiscal, immigration, or sanitary laws.

πŸ’‘Exclusive Economic Zone (EEZ)

The Exclusive Economic Zone (EEZ) is a maritime zone that extends 200 nautical miles from the baseline of a nation's territory. The video describes the EEZ as an area where the Philippines has exclusive rights to exploit and conserve marine resources, engage in offshore energy generation, and conduct marine scientific research, but it does not fall under the country's sovereignty.

πŸ’‘Scarborough Shoal and Spratlys

Scarborough Shoal and the Spratly Islands, also known as the Kalayaan Island Group, are territories claimed by the Philippines. The video script explains the historical and legal basis for the Philippines' claim over these territories, which are part of the national territory despite being disputed by other countries. These areas are significant in the context of the video as they illustrate the complexities of territorial claims and their implications for the application of Philippine laws.

πŸ’‘Sabah

Sabah is a territory located on the northeastern tip of Borneo, claimed by the Philippines since 1961. The video provides a historical account of Sabah's governance and the basis for the Philippines' claim, which is rooted in an 1878 lease treaty and the historical gift of the territory from the Sultan of Brunei to the Sultan of Sulu. Sabah is relevant to the video's theme as it exemplifies the ongoing territorial disputes and their impact on the definition of national territory.

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

play00:01

what is the extent of our national

play00:04

territory

play00:06

this question must be answered first as

play00:09

a prelude to our discussion on the

play00:12

second characteristic of philippine

play00:15

criminal law which is the principle of

play00:16

territoriality

play00:20

what is this principle of territoriality

play00:25

the principle of territoriality simply

play00:28

means that penal laws of the philippines

play00:31

are enforceable only within its

play00:33

territory

play00:34

for example

play00:36

if x kills y

play00:38

in the u.s

play00:40

x cannot be penalized here because the

play00:42

crime was committed

play00:44

outside of our territory

play00:47

this is so even if both x and y are

play00:50

filipinos

play00:54

what is that the extent

play00:56

of our philippine territory

play01:00

article 1 of the 1987 philippine

play01:03

constitution states that an echo

play01:07

the national territory comprises the

play01:10

philippine archipelago with all the

play01:12

islands and waters embraced therein and

play01:15

all other territories over which the

play01:18

philippines has sovereignty or

play01:20

jurisdiction

play01:21

consisting of its terrestrial fluvial

play01:24

and aerial domains

play01:25

including its territorial sea

play01:28

the seabed the subsoil the insular

play01:31

shelves and other submarine areas

play01:34

the waters around between and connecting

play01:37

the islands of the archipelago

play01:39

regardless of their breed and dimensions

play01:42

form part of the internal waters of the

play01:46

philippines

play01:51

the national territory of the

play01:53

philippines

play01:54

therefore comprises

play01:58

the philippine archipelago with all the

play02:00

islands and waters embraced therein

play02:02

consisting of its terrestrial fluvial

play02:05

and aerial domains

play02:08

when i say aerial domain it means the

play02:10

airspace above the land and the waters

play02:14

of a state

play02:20

by the way

play02:21

an archipelagic state like the

play02:23

philippines is composed of a group of

play02:26

islands forming a single unit

play02:29

the waters around between and connecting

play02:32

this group of islands form part of the

play02:35

internal waters of the archipelagic

play02:38

state

play02:39

under the archipelagic doctrine of

play02:42

territoriality

play02:43

the philippines

play02:45

has exclusive sovereignty and

play02:47

jurisdiction over all these islands and

play02:51

bodies of water

play02:53

around between and connecting this group

play02:56

of islands

play03:01

philippine peanut laws therefore apply

play03:04

whenever a crime is committed within the

play03:07

archipelagic state like the philippines

play03:14

now i'm showing to you a map of our

play03:17

beloved philippines

play03:18

surrounded by several lines

play03:22

some are

play03:23

rectangular lines diagonal lines

play03:28

and these lines are of various colors

play03:32

what do you think these lines are for by

play03:35

the way they are imaginary lines

play03:38

now all the islands and bodies of water

play03:42

inside that imaginary blue line

play03:45

form part of the philippine archipelago

play03:49

over which

play03:51

our government exercises exclusive

play03:54

sovereignty and jurisdiction

play03:59

now how did that imaginary blue line

play04:02

come about

play04:04

this is based on

play04:06

republic act

play04:08

9522 which amended republic act 3046

play04:13

the law that mandated the drawing of

play04:16

straight baselines in order to delineate

play04:20

the extent of our territorial sea

play04:27

the enactment of republic act 9522

play04:30

in turn

play04:32

was in compliance with the philippines

play04:34

obligation under the u.n convention on

play04:37

the law of the sea

play04:39

the third on clause

play04:41

which is a

play04:43

multilateral treaty regulating

play04:46

sea use rights over the following

play04:49

maritime zones

play04:52

the territorial waters which is 12

play04:55

nautical miles from the baselines

play04:59

the contiguous zone which is 24 nautical

play05:02

miles

play05:03

also from the baselines

play05:06

and

play05:07

the exclusive economic zone which is 200

play05:10

nautical miles also from the baselines

play05:14

the baseline i am talking about is the

play05:18

blue colored line

play05:22

surrounding the

play05:24

philippine archipelago

play05:27

as what you see in the picture

play05:31

i am showing to you here a

play05:33

map of our beloved philippines

play05:35

surrounded by several lines some are

play05:38

diagonal some are rectangular

play05:41

and represented by

play05:43

or represented in several colors

play05:47

but first i want you to focus on

play05:49

[Music]

play05:51

the imaginary blue line

play05:54

surrounding the entire philippine

play05:56

archipelago was shaped after the

play05:58

philippine archipelago

play06:00

what do you think that line is for

play06:05

that line is used to determine the

play06:08

extent of our

play06:10

territorian sea

play06:12

that is the only way by which to

play06:14

determine the extent of our territorial

play06:16

sea because

play06:18

the philippines is an archipelagic state

play06:21

which is

play06:23

a state composed of

play06:27

many islands

play06:29

and under the doctrine

play06:32

of or under the archipelagic doctrine of

play06:36

territoriality

play06:39

an archipelagic state

play06:41

must be

play06:42

considered as a single unit

play06:55

you will have to draw

play06:58

separate bass lines

play07:01

and that would be

play07:03

absurd

play07:05

because

play07:07

the

play07:10

state is considered as one single unit

play07:13

it cannot be considered as separate

play07:15

states

play07:17

and it would be easier

play07:19

of course to determine the extent of the

play07:22

territorial sea

play07:24

if

play07:26

the archipelago

play07:28

or if this group of islands

play07:30

is considered only as a single unit

play07:35

now

play07:39

bucket pattern

play07:40

after the shape of the philippines

play07:44

this is so because

play07:46

pursuant to our

play07:48

obligations under the un convention on

play07:51

the law of the sea

play07:52

we have to use this straight baseline

play07:54

method of delineating the territorial

play07:57

sea

play07:59

and this straight baseline method

play08:02

consists of drawing straight lines

play08:05

connecting the outermost

play08:07

islands of the philippines

play08:10

without departing to any appreciable

play08:13

extent from the general direction of the

play08:16

course

play08:19

that is why

play08:21

the

play08:22

straight bass lines

play08:24

are shaped

play08:26

similar to the philippine archipelago

play08:29

and

play08:33

it is from

play08:35

this baseline

play08:38

by which we can now determine the extent

play08:41

of our territorial sea

play08:44

which is 12 nautical miles from that

play08:47

baseline

play08:51

and for purposes of criminal law

play08:54

all the islands and bodies of water

play08:58

inside that imaginary blue line

play09:01

form part of the philippine archipelago

play09:05

over which

play09:06

the philippines

play09:08

exercises sovereignty and jurisdiction

play09:18

the national territory of the

play09:20

philippines is also comprised of all

play09:23

other territories over which the

play09:25

philippines has sovereignty or

play09:28

jurisdiction

play09:31

when spain ceded the philippine islands

play09:34

to the united states pursuant to the

play09:36

treaty of paris of 1898

play09:39

the two countries delineated the extent

play09:42

of spain's territory by drawing an

play09:46

imaginary rectangular line

play09:49

the

play09:51

rectangular line colored black you see

play09:53

in the picture

play09:55

such that

play09:56

all those found within the said treaty

play09:59

line

play10:00

was what spain

play10:02

seeded to the u.s in the amount of 20

play10:05

million us dollars

play10:12

unfortunately this was a mistake because

play10:16

the drawing of such rectangular line did

play10:19

not include the scarborough shoal

play10:22

locally known as bajo de masillo which

play10:25

is located just outside the treaty line

play10:28

i am referring to that small that

play10:31

pointed to by that blue green arrow in

play10:33

the picture

play10:35

as well as the kalayaan island group

play10:38

or more popularly known as the spratlys

play10:41

i am referring to that group of islands

play10:44

enclosed by that green line below the

play10:46

scarborough shoal

play10:52

now this error of not including the

play10:54

scarborough shoal

play10:56

and the spratneys

play10:58

was eventually corrected in 1900 when

play11:01

the us and spain signed another treaty

play11:05

the treaty of washington where in spain

play11:07

clarified that it had also relinquished

play11:10

to the u.s all title and claim of title

play11:14

which spain had to any and all islands

play11:17

belonging to the philippine archipelago

play11:20

located outside the lines of the treaty

play11:23

of paris

play11:25

these territories lying outside the said

play11:28

treaty line included the scarborough

play11:31

shoal and the spratly islands or

play11:35

the kalayaan island group

play11:41

question

play11:42

what is our basis for saying that the

play11:45

scarborough shoal and the spratlys

play11:48

were already part of the philippine

play11:50

territory at the time spain ceded the

play11:53

philippine islands to the us

play11:57

the basis here is the

play11:59

1734

play12:00

mourinho villard map of the philippines

play12:03

which is the official spanish government

play12:06

map showing the extent of philippine

play12:09

territory during the spanish regime

play12:13

i am referring to the

play12:15

map

play12:16

shown

play12:18

at the right side of your screen and as

play12:20

you can see there are two arrows

play12:22

there the

play12:25

arrow at the top

play12:26

points to the scarborough show

play12:30

while the arrow below points to the

play12:33

kalayaan island group or the spratty

play12:36

islands

play12:37

so as early as 1734

play12:42

these islands

play12:44

were already

play12:46

considered part of

play12:48

philippine territory which were under

play12:52

the control of spain at that time

play13:01

another question

play13:03

what about saba

play13:05

is saba part of philippine territory

play13:12

saba is located at the northeastern tip

play13:14

of borneo as what you can see in the

play13:17

picture

play13:19

and lies about 500 kilometers from the

play13:22

philippines

play13:24

although malaysia controls the sad

play13:26

territory the philippines has laid claim

play13:29

over saba since 1961.

play13:35

let us go through some historical dates

play13:37

here

play13:38

in the early 1500s

play13:40

saba was originally ruled by the

play13:43

sultanate of brunei under the rule of

play13:45

sultan bulkya

play13:49

in 1658

play13:51

sabah

play13:52

was seeded to the sultanate of sulu as a

play13:55

gift for helping the sultanate of brunei

play13:58

settle and suppress a reward

play14:05

in 1878

play14:07

a contract of lease was entered into

play14:10

between the sultanate of sulu

play14:12

which controlled saba at the time

play14:15

and the british north borneo company

play14:19

under the agreement the british company

play14:23

could occupy the eastern half of sabah

play14:26

indefinitely

play14:27

as long as it paid a sum of money to the

play14:30

sultanate in the amount of five thousand

play14:32

dollars and money

play14:37

in 1946

play14:39

when world war ii ended

play14:42

sabah was handed over by the british

play14:44

company to the british government and

play14:47

was made a crown colony of

play14:50

the united kingdom

play14:56

in 1962

play15:00

then president justin macapagal filed a

play15:04

claim over saba against the uk which had

play15:07

possession of the said territory at that

play15:10

time

play15:12

that was the first official attempt by

play15:14

the philippines

play15:15

to claim ownership of sabah

play15:20

now in 1963

play15:23

in a referendum

play15:25

the people of sabbah however voted in

play15:27

favor of joining the federation of

play15:30

malaysia

play15:36

they chose malaysia

play15:38

or rather they chose to be part of

play15:40

malaysia and not the philippines

play15:45

both malaysia and the united kingdom

play15:47

regarded the contract between the

play15:49

sultanate of sulu and the british

play15:51

company as a sale of land

play15:54

the philippines however maintains its

play15:56

territorial claim over sabah

play15:59

based on that

play16:01

1878 lease treaty

play16:04

and based on the historical account that

play16:06

sabah is a gift from the sultan of

play16:09

brunei to the sultan of sulu which is

play16:12

now a region and part of the sovereign

play16:15

territory of the philippines

play16:17

so you insist on philippine government

play16:20

is that young agreement

play16:23

that was entered into between

play16:26

the sultan of sulu and the british

play16:30

company was merely a contract of lease

play16:32

and not a sale of land or not a sale of

play16:36

saba to

play16:37

the said company

play16:41

and that is the reason why the

play16:43

philippines

play16:44

continues to

play16:47

claim saba as part of its territory

play16:56

our national territory also comprises

play16:59

the territorial sea from the name itself

play17:02

no matakita

play17:23

the baselines no

play17:25

the nautical miles from the baseline

play17:28

so as you can see in the picture

play17:30

everything from the baseline

play17:33

to a limit not exceeding 12 nautical

play17:36

miles is considered the territorial sea

play17:40

where our country the philippines

play17:43

exercises exclusive sovereignty and

play17:47

jurisdiction

play17:50

these rights extend not only on the

play17:53

surface but also to the seabed and some

play17:56

soil

play17:58

as well as the

play18:01

airspace

play18:08

also comprising part of our national

play18:10

territory are the seabed the subsoil

play18:14

the insular shells and other submarine

play18:17

areas under the territorial sea and

play18:20

under our internal waters

play18:23

or archipelagic waters

play18:27

when you say seabed it refers to the top

play18:30

surface of the earth in seas and oceans

play18:32

also known as the sea floor or the ocean

play18:35

floor

play18:36

so you turn the seabed

play18:38

it is synonymous with the terms seafloor

play18:41

or ocean floor

play18:44

some soil refers to everything beneath

play18:47

the surface soil and the seabed

play18:53

the insular shells refer to the

play18:56

submerged portions of an island

play19:00

while the term other submarine areas

play19:04

refer to all areas under the territorial

play19:07

sea like the sea mount throw trench

play19:11

basin deep back shoal and reef

play19:19

question what about the contiguous zone

play19:22

the exclusive economic zone the

play19:25

continental shelf

play19:26

the high seas

play19:28

are these maritime zones still part of

play19:31

philippine territory

play19:34

my quick answer to that is no

play19:38

as to why

play19:40

they are no longer part of philippine

play19:41

territory

play19:43

we will discover as we go through this

play19:46

and the succeeding slides

play19:49

let us start first with the contiguous

play19:51

zone

play19:52

the contiguous zone extends up to 24

play19:56

nautical miles from the baseline as what

play19:59

you can see in the picture

play20:01

or 12 nautical miles from the

play20:03

territorial sea

play20:06

although not part of the territory

play20:09

the coastal state like the philippines

play20:12

may still exercise jurisdiction to

play20:15

prevent infringement of customs

play20:18

fiscal immigration or sanitary laws

play20:27

next is the exclusive economic zone or

play20:29

eez

play20:31

the exclusive economic zone extends 200

play20:34

nautical miles from the baseline

play20:37

please refer to the picture at your

play20:39

right

play20:41

in this zone

play20:43

a coastal state like the philippines has

play20:45

the exclusive right to

play20:49

exploit or conserve any resources found

play20:52

within the water

play20:53

or on the seafloor or under the sea

play20:56

floors subsoil

play21:00

engage in offshore energy generation

play21:02

from the waves currents and wind within

play21:05

the said easy

play21:07

and

play21:09

establish and use artificial islands

play21:12

installations and structures and conduct

play21:15

marine scientific research

play21:20

here

play21:22

the coastal state

play21:23

only has law enforcement capacity to

play21:27

protect the above rights because when i

play21:30

say exclusive

play21:32

no other state

play21:34

has the right to

play21:36

exploit

play21:38

the resources found within

play21:42

the exclusive economic zone

play21:45

if some other state or if some other

play21:47

person

play21:51

exploits the resources found within the

play21:55

eez

play21:56

then

play21:57

the coastal state like the philippines

play22:00

has jurisdiction to

play22:03

enforce its right

play22:06

to the exclusive use

play22:08

of such

play22:09

marine zone or area

play22:18

the continental shelf

play22:20

the continental shelf is

play22:22

the edge of a continent that lies under

play22:25

the ocean

play22:27

as you can see in the picture

play22:30

now continents

play22:33

are the seven main divisions of land on

play22:36

earth

play22:38

the continental shelf extends from the

play22:41

coastline of a continent

play22:44

to a drop of point called the shelf

play22:46

brick

play22:48

from the brick the shelf descends toward

play22:52

the deep ocean floor

play22:54

in what is called the continental slope

play22:59

again

play23:00

the picture shows what i am describing

play23:02

about

play23:04

even though

play23:06

or even if the continental shelf

play23:09

is under water

play23:12

a continental shelf is considered part

play23:15

of a continent

play23:17

the actual boundary of the continent is

play23:20

not its coastline

play23:22

but the edge of the continental shelf

play23:32

now the economic rights within the

play23:35

continental shelf

play23:37

extend only to

play23:39

non-living resources and sedentary

play23:42

living resources such as shellfish

play23:46

it also allows the coastal state to

play23:48

build artificial islands installations

play23:51

and structures

play23:53

lay submarine cables and pipelines and

play23:56

conduct marine research

play23:59

as with the exclusive economic zone the

play24:02

coastal state only has

play24:04

low enforcement capacity to protect the

play24:08

above rights

play24:15

what about the high seas

play24:17

the high seas is the ocean surface

play24:19

beyond the exclusive economic zone

play24:23

as the common heritage of all mankind

play24:27

the isis is beyond any national

play24:31

jurisdiction

play24:33

all states for that matter can conduct

play24:36

activities in the isis so long as they

play24:39

are for peaceful purposes such as

play24:42

transit marine science and undersea

play24:45

exploration

play24:50

since as a general rule our penal laws

play24:53

can only be enforced within philippine

play24:55

territory

play24:57

it is imperative that

play24:59

we are able to determine

play25:03

or ascertain what comprises our national

play25:06

territory

play25:09

they are

play25:11

to repeat the philippine archipelago and

play25:13

its internal waters meaning everything

play25:16

inside the baselines including the

play25:19

airspace above the said islands and

play25:21

waters

play25:24

the philippine territory or our national

play25:26

territory is also comprised of

play25:29

all those territories over which the

play25:32

philippines has sovereignty or

play25:34

jurisdiction like the scarborough shoal

play25:37

the spratlys and

play25:39

sabah

play25:40

although take note

play25:42

these

play25:44

islands

play25:45

are

play25:46

disputed territories

play25:48

but even if they are

play25:51

under dispute as far as the philippines

play25:54

is concerned they are part of

play25:57

the national territory

play26:02

comprising the national territory is

play26:05

also the territorial sea including the

play26:08

air space above it and

play26:11

the sea bed

play26:12

the subsoil

play26:14

the insular shells and other submarine

play26:17

areas under the territorial sea and

play26:21

internal waters

play26:26

again

play26:28

the contiguous zone

play26:30

the exclusive economic zone

play26:33

the continental shelf

play26:35

the high seas

play26:37

as well as the airspace above them

play26:40

are not part of our national territory

play26:45

take note of that

play26:47

since they are not part of our national

play26:50

territory

play26:51

we do not have sovereignty over these

play26:54

areas

play26:56

at best we can only exercise sovereign

play26:59

rights

play27:00

to exclusively fish and enjoy the marine

play27:04

resources in the contiguous zone and in

play27:07

the exclusive economic zone

play27:10

including the continental shelf below

play27:13

the contiguous zone and the exclusive

play27:15

economic zone for up to 200 nautical

play27:19

miles from the baselines

play27:22

of course no country or state

play27:25

exercises sovereignty

play27:28

or sovereign rights in the ics

play27:32

okay

Rate This
β˜…
β˜…
β˜…
β˜…
β˜…

5.0 / 5 (0 votes)

Related Tags
Philippine TerritoryTerritoriality PrincipleMaritime ZonesInternal WatersTerritorial SeaExclusive Economic ZoneContiguous ZoneScarborough ShoalSpratly IslandsSabah ClaimArchipelagic State