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CRIMINAL LAW 1 GROUP CASE DIGEST
Magallona, et. al. vs. Ermita, et. al., G.R No.187167, August 16, 2011); Philippines vs China Territoriality- AAA vs BBB G.R No.212448, January 11, 2018 People of the Philippines, plaintiff-appellee, vs Armando Gemoya, and Ronilo Tionko, Accused-Appelant. (G.R. No.132633, October 4, 2000
MEMBERS:
1.STELLA S. MARIANITO 2.KHU KATE T. BATOON 3.THESSA JANE ESCUADRO 4.JOY A. SALVACION 5.CIELO MARRIZ ARROYO 6.KEZIAH LAID 7.FARHAJID LANGAR 8.EPGEE M. NALDOZA 9.RICO MACALANGAN 10.CHERILYN DACAL 11.AILYN TUAL 12.VINCE ALBAñO 13.RHENT JAY CEñO 14.DIXIS TAMIN 15.ANTONIO DE ATA JR. 16.FAT
MA MAMA 17.JEFEY PALMA
 
FIRST CASE
PROF.MERLIN M. MAGALLONA, et. Al vs. HON. EDUARDO ERMITA IN HIS CAPACITY AS EXECUTIVE SECRETARY, et., al. G.R. No.187167, 16 July 2011, EN BANC (Carpio, J.)
Petitioner:
 Prof. Magallona, Hontiveros, Prof. Roque and 38 UP College of Law Students
Respondents:
 HON. ERMITA, IN HIS CAPACITY AS EXECUTIVE SECRETARY, HON. ROMULO, IN HIS CAPACITY AS SECRETARY OF DFA, HON. ANDAYA, IN HIS CAPACITY AS SECRETARY OF DBM, HON. VENTURA, IN HIS CAPACITY AS ADMINISTRATOR OF THE NATIONAL MAPPING & RESOURCE INFORMATION AUTHORITY, and HON. DAVIDE, JR., IN HIS CAPACITY AS REPRESENTATIVE OF THE PERMANENT MISSION OF THE REPUBLIC OF THE PHILIPPINES TO THE UNITED NATIONS
 
Ponente:
Caprio, J.
The Case
This original action for the writs of certiorari and prohibition assails the constitutionality of Republic Act No. 9522
1
(RA 9522) adjusting the country’s archipelagic baselines and classifying
the baseline regime of nearby territories.
Facts:
 RA 3046 was passed in 1961 which provides among others the demarcation lines of the baselines of the Philippines as an archipelago. This is in consonance with UNCLOS I. RA 5446 amended RA 3046 in terms of typographical errors and included Section 2 in which the government reserved the drawing of baselines in Sabah in North Borneo. RA 9522 took effect on March 2009 amending RA 5446. The amendments, which are in compliance with UNCLOS III in which the Philippines is one of the signatory, shortening one baseline while optimizing the other and classifying Kalayaan Group of Island and Scarborough Shoal as Regimes of Island. Petitioners in their capacity as taxpayer, citizen and legislator assailed the constitutionality of RA 9522:- it reduces the territory of the Philippines in violation to the Constitution and it opens the country to maritime passage of vessels and aircrafts of other states to the detriment of the economy, sovereignty, national security and of the Constitution as well. They added that the classification of Regime of Islands would be prejudicial to the lives of the fishermen.
 
 
Issues:
1. Whether the petitioners posses locus standi to bring the suit; and 2. whether RA 9522 is unconstitutional
Ruling:
Petition is dismissed. 1st Issue: The SC ruled the suit is not a taxpayer or legislator, but as a citizen suit, since it is the citizens who will be directly injured and benefitted in affording relief over the remedy sought. 2nd Issue: The SC upheld the constitutionality of RA 9522. First, RA 9522 did not delineate the territory the Philippines but is merely a statutory tool
to demarcate the country’s maritime zone and continental shelf under UNCLOS III. SC
emphasized that UNCLOS III is not a mode of acquiring or losing a territory as provided under the laws of nations. UNCLOS III is a multi-lateral treaty that is a result of a long-time negotiation to establish a uniform sea-use rights over maritime zones (i.e., the territorial waters [12 nautical miles from the baselines], contiguous zone [24 nautical miles from the baselines], exclusive economic zone [200 nautical miles from the baselines]), and continental shelves. In order to measure said distances, it is a must for the state parties to have their archipelagic doctrines measured in accordance to the treaty
the role played by RA 9522. The contention of the petitioner that RA 9522 resulted to the loss of 15,000 square nautical miles is devoid of merit. The truth is, RA 9522, by optimizing the location of base points, increased the Philippines total maritime space of 145,216 square nautical miles. Second, the classification of KGI and Scarborough Shoal as Regime of Islands is
consistent with the Philippines’ sovereignty. Had RA 9522 enclosed the islands as part
of the archipelago, the country will be violating UNCLOS III since it categorically stated that the length of the baseline shall not exceed 125 nautical miles. So what the legislators did is to carefully analyze the situation: the country, for decades, had been claiming sovereignty over KGI and Scarborough Shoal on one hand and on the other hand they had to consider that these are located at non-appreciable distance from the nearest shoreline of the Philippine archipelago. So, the classification is in accordance with the
Philippines sovereignty and State’s responsible observance of its pacta sunt
servanda obligation under UNCLOS III. Third, the new base line introduced by RA 9522 is without prejudice with delineation of the baselines of the territorial sea around the territory of Sabah, situated in North Borneo, over which the Republic of the Philippines has acquired dominion and

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