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"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."
In Article 1
Section 1 of the 1987 Constitution of the Republic of the Philippines provided
that the national territory comprises of the Philippine archipelago and all the
islands and waters embraced therein and all the territories over which the
country has jurisdiction or sovereignty.
The definition
and inclusion of the national territory in the 1987 Constitution of the
Republic of the Philippines is clear and well-presented compared to the
previous drafts. In the 1935 constitution, it made mention of the Treaty of
Paris as basis, which some delegates find as a reminder of the indignity of the
past. In 1973 constitution, it stated that "all the other territories
belonging to the Philippines by historic right or legal title." The 1987 Constituion straightforwardly stated
what was, is and will be included in the territory of the Philippines.
Moreover, it has a strong and appropriate basis of territorial claims, which is
the Archipelagic Doctrine. The Philippines is an archipelago for it is
surrounded and separated by large bodies of water. The Archipelagic Doctrine
gives the right to determine straight baselines wherein the internal seas
inside the baselines are considered as under the jurisdiction of the said
country. This doctrine supports the consideration of the Philippines and its
thousands of islands and seas as a political unit due to reasons of law,
history, geography and so on.
Furthermore, the
Philippines did not follow the traditional boundary of 3 nautical miles
limitation in the primary directions (north, west, east and south) because this
is not the appropriate basis in determining the boundaries of the country. The
Philippines is an archipelago and the seas are vast. Again, Archipelagic
Doctrine is a good basis for it says that the basis of boundaries of an
archipelago should be the straight lines connected by parts in the outer
islands. Without the Archipelagic Doctrine, the waters found in between the
separate islands of the Philippines might be considered as part of the
international seas. In this case, foreigners have the privilege to enter these
waters and exploit the resources. The Article 1 of the 1987 Constitution is
therefore clear and specific.
However, one might question its
effectivity and scope. A law was passed dividing the Philippines into three
regions (Luzon, Visayas, and Mindanao), each constituting an independent state
except on matters of foreign relations, national defense and national taxation,
which are vested in the central government. Article 1 is violated in the way
that it divided Philippines into three separate states.
I absolutely liked the article for
it is very beneficial not only to me but to every Filipino. Upon reading, one
is now fully aware of what the country and the people in it own. It is
important that we understand the extent of our territory in order to avoid
possible arguments with nearby countries, to protect their territory from
conquerors and intruders, and to take care of our territory and resources.
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