Constitutional Law: Article 1, National Territory Flashcards
When was the first phase of the creation of the definition of national territory?
During 1934-1935 Constitutional Convention
When was the second phase of the creation of the definition of national territory?
During the 1972 Constitutional Convention
When was the third phase of the creation of the definition of national territory?
During the 1986 Constitutional Commission
Why is it important for the sovereign state to know the extent of the territory?
The Constitution, being a municipal law, is binding only within the territorial limits of the Philippine sovereignty.
True or False. It is not the Constitution which definitely fixes the extent of the Philippine territory.
TRUE.
What effect did the Tydings-McDuffie Law have on Article 1 of the 1987 Philippine Constitution?
In one of its provisions, it stated that the effectivity of the Philippine Constitution would depend partly on the acceptance of its provisions by the United States Government.
What were the thoughts of then Delegate Raul Roco on the inclusion of an article defining the national territory?
He argued that a territorial definition was necessary for the preservation of our national wealth, for national security, and as a manifestation of our solidarity as a people.
What were the thoughts of then Delegate Jose Nolledo on the inclusion of an article defining the national territory?
He expressed concern for the protection of our national resources.
He thinks that the ratification of the Constitution by the people will strengthen the Philippine territorial position.
What were the thoughts of then Delegate Eduardo Quintero on the inclusion of an article defining the national territory?
He made three points:
1) As opposed to R.A. 3046 stating the Philippine territory in “Whereas” clauses, he said that the clauses should be expressed in more authoritative fashion.
2) He is against deleting the article.
3) He expressed the need for curing the failure of the 1935 Constitution to express the possibility of future territorial acquisitions of the Philippines.
For purposes of analysis, the Philippine territory under the 1973 Constitution may roughly be divided into three (3) groups:
1) The Philippine archipelago
2) other territories belonging to the Philippines
3) Philippine waters, airs-space, and submarine areas
What is an archipelago?
A group of islands
Why is the knowledge of the Treaty of Paris important in determining the “Philippine territory?”
“When Spain signed the Treaty of Paris, in effect she announced to the whole world that she was ceding to the United States the Philippine archipelago which she had been occupying for over four hundred years, …”
Why was the clause “all other territories over which the Philippines has sovereignity of jurisdiction” included in Article 1?
The clause was inserted in answer to the clamor to protect and ensure Philippine claim to territories not covered by prior treaties.
The intent was to avoid forfeiture of these claims by their omission from the constitutional definition.
It is an insurance clause.
Define the “territorial sea of a state.”
It consists of a marginal belt of maritime waters adjacent to the base lines extending twelve nautical miles outward.
Outside the territorial sea are the high seas.
Define “innocent passage.”
It is passage not prejudicial to the interests of the coastal state nor contrary to recognized principles of international law.
Define “seaward.”
Towards the sea
What was the traditional length of territorial waters measured seawards?
Three (3) miles
This was based on the canon-shot rule formulated in 1702.
According to modern law, what is now the length of territorial waters measured seawards?
Twelve (12) nautical miles
