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ARCHIPELAGIC PRINCIPLE
Two elements:
1. The definition of internal waters (supra);
2. The straight baseline method of delineating the territorial sea – consists of drawing straight lines
connecting the outermost points on the coast without departing to any appreciable extent from the
general direction of the coast.
Important distances with respect to the waters around the Philippines
-Territorial Sea 12 nautical miles (n.m.)
-Contiguous Zone 12 n.m. from the edge of the territorial sea
-Exclusive Economic Zone 200 n.m. from the baseline
[includes T.S. and C.Z.]
NOTE: There can be a Continental Shelf without an EEZ, but not an EEZ without a Continental Shelf.
TERRITORIAL SEA
The belt of the sea located between the coast and internal waters of the coastal state on the one
hand, and the high seas on the other, extending up to 12 nautical miles from the low water mark.
CONTIGUOUS ZONE
Extends up to 12 nautical miles from the territorial sea. Although not part of the territory, the coastal
State may exercise jurisdiction to prevent infringement of customs, fiscal, immigration or sanitary
laws.
EXCLUSIVE ECONOMIC ZONE
Body of water extending up to 200 nautical miles, within which the state may exercise sovereign rights
to explore, exploit, conserve and manage the natural resources
The state in the EEZ exercises jurisdiction with regard to:
1. the establishment and use of artificial islands, installations, and structures;
2. marine scientific research;
3. the protection and preservation of marine environment
ARTICLE I
NATIONAL TERRITORY
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.
LAWS & JURISPRUDENCE
ARCHIPELAGIC DOCTRINE
It is defined as all waters, around between and connecting different islands belonging to the Philippine
Archipelago, irrespective of their width or dimension, are necessary appurtenances of its land
territory, forming an integral part of the national or inland waters, subject to the exclusive sovereignty
of the Philippines. It is found in the 2nd sentence of Article 1 of the 1987 Constitution.
It emphasizes the unity of the land and waters by defining an archipelago as group of islands
surrounded by waters or a body of waters studded with islands.
To emphasize unity, an imaginary single baseline is drawn around the islands by joining appropriate
points of the outermost islands of the archipelago with straight lines and all islands and waters
enclosed within the baseline form part of its territory.
The main purpose of the archipelagic doctrine is to protect the territorial interests of an archipelago,
that is, the territorial integrity of the archipelago. Without it, there would be “pockets of high seas”
between some of our islands and islets, thus foreign vessels would be able to pass through these
“pockets of seas” and would have no jurisdiction over them. Accordingly, if we follow the old rule of
international law, it is possible that between islands, e.g. Bohol and Siquijor, due to the more than 24
mile distance between the 2 islands, there may be high seas. Thus, foreign vessels may just enter
anytime at will, posing danger to the security of the State. However, applying the doctrine, even these
bodies of water within the baseline, regardless of breadth, form part of the archipelago and are thus
considered as internal waters.
Following the Archipelagic Doctrine, the Spratlys Group of Islands is not part of Philippine archipelago.
It is too far to be included within the archipelagic lines encircling the internal waters of Philippine
Archipelago. However, the SGI is part of the Philippine territory because it was discovered by a Filipino
seaman in the name of Vice-Admiral Cloma who later renounced his claim over it in favor of the
Republic of the Philippines. Subsequently, then Pres. Marcos issued a Presidential Decree constituting
SGI as part of the Philippine territory and sending some of our armed forces to protect said island and
maintain our sovereignty over it.
Moreover, Spratlys group of Islands is considered as part of our National Territory. Article I of the
Constitution provides: “The national territory comprises the Philippine archipelago, x x x, and all other
territories over which the Philippines has sovereignty or jurisdiction, x x x.” The Spratlys Group of
islands falls under the second phrase “and all other territories over which the Philippines has
sovereignty or jurisdiction”. It is part of our national territory because Philippines exercise sovereignty
(through election of public officials) over Spratlys Group of Islands
PRESIDENTIAL DECREE NO. 1596 - DECLARING CERTAIN AREA PART OF THE PHILIPPINE TERRITORY
AND PROVIDING FOR THEIR GOVERNMENT AND ADMINISTRATION
WHEREAS, by reason of their proximity the cluster of islands and islets in the South China Sea
situated within the following:
WHEREAS, much of the above area is part of the continental margin of the Philippine archipelago;
WHEREAS, these areas do not legally belong to any state or nation but, by reason of history,
indispensable need, and effective occupation and control established in accordance with the
international law, such areas must now deemed to belong and subject to the sovereignty of the
Philippines;
WHEREAS, while other states have laid claims to some of these areas, their claims have lapsed by
abandonment and can not prevail over that of the Philippines on legal, historical, and equitable
grounds.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in
me vested by the Constitution, do hereby decree as follows:
including the sea-bed, sub-soil, continental margin andr space shall belong and be subject to the
sovereignty of the Philippines. Such area is hereby constituted as a distinct and separate municipality
of the Province of Palawan and shall be known as "Kalayaan."
Sec. 2. Pending the election of its regular officials and during the period of emergency declared in
Proclamation No. 1081, and unless earlier provided by law, the administration and government of the
area shall be vested in the Secretary of National Defense or in such officers of the Civil government or
the Armed Forces of the Philippines as the President may designate.
Done in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
• Two Hundred (200) mile Exclusive Economic Zone (EEZ):
(1) PRESIDENTIAL DECREE No. 1599
ESTABLISHING AN EXCLUSIVE ECONOMIC ZONE AND FOR OTHER PURPOSES
WHEREAS, an exclusive economic zone extending to a distance of two hundred nautical miles from the
baselines from which the territorial sea is measured is vital to the economic survival and development
of the Republic of the Philippines;
WHEREAS, such a zone is now a recognized principle of international law;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby decree and order:
Section 1. There is hereby established a zone to be known as the exclusive economic zone of the
Philippines. The exclusive economic zone shall extend to a distance of two hundred nautical miles
beyond and from the baselines from which the territorial sea is measured: Provided, That, where the
outer limits of the zone as thus determined overlap the exclusive economic zone of an adjacent or
neighboring state, the common boundaries shall be determined by agreement with the state
concerned or in accordance with pertinent generally recognized principles of international law on
delimitation.
Section 2. Without prejudice to the rights of the Republic of the Philippines over it territorial sea and
continental shelf, it shall have and exercise in the exclusive economic zone established herein the
following;
(a) Sovereignty rights for the purpose of exploration and exploitation, conservation and
management of the natural resources, whether living or non-living, both renewable and non-
renewable, of the sea-bed, including the subsoil and the superjacent waters, and with regard to
other activities for the economic exploitation and exploration of the resources of the zone, such
as the production of energy from the water, currents and winds;
(b) Exclusive rights and jurisdiction with respect to the establishment and utilization of artificial
islands, off-shore terminals, installations and structures, the preservation of the marine
environment, including the prevention and control of pollution, and scientific research;
(c) Such other rights as are recognized by international law or state practice.
Section 3. Except in accordance with the terms of any agreement entered into with the Republic of the
Philippines or of any license granted by it or under authority by the Republic of the Philippines, no
person shall, in relation to the exclusive economic zone:
(a) explore or exploit any resources;
(b) carry out any search, excavation or drilling operations:
(c) conduct any research;
(d) construct, maintain or operate any artificial island, off-shore terminal, installation or other
structure or device; or
(e) perform any act or engage in any activity which is contrary to, or in derogation of, the
sovereign rights and jurisdiction herein provided.
Nothing herein shall be deemed a prohibition on a citizen of the Philippines, whether natural or
juridical, against the performance of any of the foregoing acts, if allowed under existing laws.
Section 4. Other states shall enjoy in the exclusive economic zone freedoms with respect to navigation
and overflight, the laying of submarine cables and pipelines, and other internationally lawful uses of
the sea relating to navigation and communications.
Section 5. (a) The President may authorize the appropriate government office/agency to make and
promulgate such rules and regulations which may be deemed proper and necessary for carrying out
the purposes of this degree.
(b) Any person who shall violate any provision of this decree or of any rule or regulation
promulgated hereunder and approved by the President shall be subject to a fine which shall not
be less than two thousand pesos (P2,000.00) nor be more than one hundred thousand pesos
(100,000.00) or imprisonment ranging from six (6) months to ten (10) years, or both such fine
and imprisonment, in the discretion of the court. Vessels and other equipment or articles used in
connection therewith shall be subject to seizure and forfeiture.
Section 6. This Decree shall take effect thirty (30) days after publication in the Official Gazette.
Done in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight
• Election of Philippine Citizenship:
the fault of their parents either by neglecting to support them or by transferring them to
another school or schools. A certified copy of the decree canceling the naturalization
certificate shall be forwarded by the clerk of the Court to the Department of the
Interior20 and the Bureau of Justice.21
(e) If it is shown that the naturalized citizen has allowed himself to be used as a dummy
in violation of the Constitutional or legal provision requiring Philippine citizenship as a
requisite for the exercise, use or enjoyment of a right, franchise or privilege.
Section 19. Penalties for violation of this Act.—Any person who shall fraudulently make, falsify, forge,
change, alter, or cause or aid any person to do the same, or who shall purposely aid and assist in
falsely making, forging, falsifying, changing or altering a naturalization certificate for the purpose of
making use thereof, or in order that the same may be used by another person or persons, and any
person who shall purposely aid and assist another in obtaining a naturalization certificate in violation
of the provisions of this Act, shall be punished by a fine of not more than five thousand pesos or by
imprisonment for not more than five years, or both, and in the case that the person convicted is a
naturalized citizen his certificate of naturalization and the registration of the same in the proper civil
registry shall be ordered cancelled.
Section 20. Prescription.—No person shall be prosecuted, charged, or punished for an offense
implying a violation of the provisions of this Act, unless the information or complaint is filed within
five years from the detection or discovery of the commission of said offense.
Section 21. Regulation and blanks.—The Secretary of Justice shall issue the necessary regulations for
the proper enforcement of this Act. Naturalization certificate blanks and other blanks required for
carrying out the provisions of this Act shall be prepared and furnished by the Solicitor-General, subject
to the approval of the Secretary of Justice.
Section 22. Repealing clause.—Act Numbered Twenty-nine hundred and twenty-seven as amended by
Act Numbered Thirty-four hundred and forty-eight, entitled "The Naturalization Law", is
repealed: Provided, That nothing in this Act shall be construed to affect any prosecution, suit, action,
or proceedings brought, or any act, thing, or matter, civil or criminal, done or existing before the taking
effect of this Act, but as to all such prosecutions, suits, actions, proceedings, acts, things, or matters,
the laws, or parts of laws repealed or amended by this Act are continued in force and effect.
Section 23. Date when this Act shall take effect.—This Act shall take effect on its approval.
Approved, June 17, 1939.
1Words in bold in the text above are amendments introduced by RA 106, section 1,
approved June 2, 1947.
Statutory History of section 1:
Original text- SECTION 1. How citizenship may be lost. - A Filipino citizen may
lose his citizenship in any of the following ways and/or events: (1) By naturalization
in a foreign country;
(2) By express renunciation of citizenship;
(3) By subscribing to an oath of allegiance to support the constitution or laws of a
foreign country upon attaining twenty-one years of age or more;
(4) By accepting commission in the [military, naval or air service] of a foreign
country;
(5) By cancellation of the certificate of naturalization;
(6) By having been declared by competent authority, a deserted of the Philippine
[army, navy or air corps] in time of war, unless subsequently a plenary partdon or
amnesty has been granted; and
(7) In the case of a woman, upon her marriage to a foreigner if, by virtue of the law
in force in her husband's country, she acquires his nationality. (Ed. Note: Words in
brackets were deleted in RA 106 supra.)
2Words in bold in the text above are amendments introduced by RA 3834, section 1,
approved June 22, 1963 to the last paragraph of section 1. Said paragraph was inserted as an
amendment by RA 2639, section 1, approved June 18, 1960..
Statutory History of (last paragraph of section 1):
The provisions of the paragraph as inserted by RA 2639, being similar to the amemded
provisions, supra, except for the words in bold, are not reproduced here.
3Now Ca 473.
4See PD 725 promulgated June 5, 1975 providing for repatriation of filipino women who
had lost their Philippine citizenship by marriage to aliens.
Reacquisition Repatriation:
(ii) PRESIDENTIAL DECREE No. 725 June 5, 1975
PROVIDING FOR REPATRIATION OF FILIPINO WOMEN WHO HAD LOST THEIR PHILIPPINE CITIZENSHIP
BY MARRIAGE TO ALIENS AND OF NATURAL BORN FILIPINOS
WHEREAS, there are many Filipino women who had lost their Philippine Citizenship by marriage to
aliens;
WHEREAS, while the new constitution allows a Filipino woman who marries an alien to retain her
Philippine citizenship unless by her act or omission, she is deemed under the law to have renounced
her Philippine citizenship, such provision of the new Constitution does not apply to Filipino women
who had married aliens before said Constitution took effect;
WHEREAS, the existing law (C.A. Nos. 63, as amended) allows the repatriation of Filipino women who
lost their citizenship by reason of their marriage to aliens only after the death of their husbands or the
termination of their marital status; and
WHEREAS, there are natural born Filipinos who have lost their Philippine citizenship but now desire to
re-acquire Philippine citizenship;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in
me vested by the Constitution, do hereby decree and order that: 1) Filipino women who lost their
Philippine citizenship by marriage to aliens; and (2) natural born Filipinos who have lost their
Philippine citizenship may require Philippine citizenship through repatriation by applying with the
Special Committee on Naturalization created by Letter of Instruction No. 270, and, if their applications
are approved, taking the necessary oath of allegiance to the Republic of the Philippines, after which
they shall be deemed to have reacquired Philippine citizenship. The Commission on Immigration and
Deportation shall thereupon cancel their certificate of registration.
The aforesaid Special Committee is hereby authorized to promulgate rules and regulations and
prescribe the appropriate forms and the required fees for the effective implementation of this Decree.
This Decree shall take effect immediately.
Done in the City of Manila, this 5th day of June, in the year of Our Lord, nineteen hundred and
seventy-five.
AN ACT PROVIDING FOR THE REPATRIATION OF FILIPINO WOMEN WHO HAVE LOST THEIR
PHILIPPINE CITIZENSHIP BY MARRIAGE TO ALIENS AND OF NATURAL-BORN FILIPINOS.
Section 1. Filipino women who have lost their Philippine citizenship by marriage to aliens and natural-
born Filipinos who have lost their Philippine citizenship, including their minor children, on account of
political or economic necessity, may reacquire Philippine citizenship
through repatriation in the manner provided in Section 4 of Commonwealth Act No. 63, as amended:
Provided, That the applicant
is not a:
(1) Person opposed to organized government or affiliated with any association or group of persons
who uphold and teach doctrines opposing organized government;
(2) Person defending or teaching the necessity or propriety of violence, personal assault, or
associatEon for the predominance of their ideas;
(3) Person convictad of crimes involving moral turpitude; or
(4) Person suffering from mental alienation or incurablecontagious diseases.
Sec. 2. Repatriation shall be effected by taking the necessary oath of allegiance to the Republic of the
Philippines and registration in the proper civil registry and in the Bureau or Immigration. The Bureau
of Immigration shall thereupon cancel the pertinent alien
certificate of registration and issue the certificate of identification as Filipino citizen to the repatriated
citizen.
Sec. 3. All laws, decrees, orders, rules and regulations, or parts thereof inconsistent with this Act are
hereby repealed or amended accordingly.
Sec. 4. This Act shall take effect thirty (30) days after its publication in a newspaper of general
circulation.
Signed: October 23, 1995
D. Dual Allegiance:
(ii)SEC. 40. Disqualifications. - The following persons are disqualified from running for any elective
local position: