(1) A bill was introduced in the House of Representatives in order to implement faithfully the provisions of the United Nations Convention on the Law of the Sea (UNCLOS) to which the Philippines is a signatory. Congressman Pat Rio Tek questioned the constitutionality of the bill on the ground that the provisions of UN CLOS are violative of the provisions of the Constitution defining the Philippine internal waters and territorial sea. Do you agree or not with the said objection? Explain. (3%)
(2) Describe the following maritime regimes under UNCLOS (4%)
(a) Territorial sea
(b) Contiguous zone
(c) Exclusive economic zone
(d) Continental shelf
Suggested answer only. Not an official answer and not legal advice.
I do not agree with the objection. The proposed bill implementing UNCLOS does not violate the constitutional provisions on Philippine internal waters and territorial sea.
In Magallona v. Ermita, UNCLOS delimits maritime zones without altering national territory. UNCLOS regimes are: (a) Territorial Sea—up to 12 nautical miles (nm) from baselines under State sovereignty; (b) Contiguous Zone—up to 24 nm to enforce customs, fiscal, immigration, and sanitary laws; (c) Exclusive Economic Zone—up to 200 nm granting sovereign rights over natural resources; and (d) Continental Shelf—seabed and subsoil up to 200 nm or beyond for seabed resource exploitation.
Here, the bill merely demarcates maritime zones pursuant to international law without abandoning sovereign rights over Philippine waters.
Therefore, the bill is constitutional, and the objection is untenable.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Under Magallona v. Ermita, what is the legal effect of enacting a baselines law implementing UNCLOS?
The Supreme Court ruled in Magallona v. Ermita that implementing UNCLOS baselines merely delimits maritime zones and does not alter national territory.
What is the maximum breadth of the Territorial Sea under UNCLOS measured from the baselines?
Under UNCLOS, the territorial sea extends up to a maximum distance of 12 nautical miles measured from established baselines.
In the Contiguous Zone, extending up to 24 nautical miles from baselines, what powers does the coastal State exercise?
The coastal state exercises limited control in the contiguous zone solely to prevent and punish violations of its customs, fiscal, immigration, or sanitary laws.
What rights does a coastal State exercise over the living and non-living resources in its Exclusive Economic Zone (EEZ)?
Under UNCLOS, a coastal state exercises sovereign rights for exploring, exploiting, conserving, and managing natural resources within its 200-nautical-mile EEZ.
The Continental Shelf regime under UNCLOS grants sovereign rights to the coastal State over which of the following?
The continental shelf regime covers the seabed and subsoil, granting exclusive sovereign rights over non-living resources and sedentary species.
Learn more about these topics
1. UNCLOS and Sovereignty
In Magallona v. Ermita, the Supreme Court held that statutory enactment of UNCLOS baselines does not alter or diminish Philippine national territory. UNCLOS is a multilateral treaty that provides a mechanism for delimiting maritime zones, establishing state sovereignty and jurisdiction over specific sea spaces. The law demarcating maritime baselines merely serves as a statutory tool to signal to the international community the precise extent of the nation's maritime zones. Consequently, implementing UNCLOS through domestic legislation preserves territorial integrity while aligning national law with international law governing ocean spaces.
2. Territorial Sea Zone
UNCLOS establishes distinct maritime zones extending from a coastal state's baselines. The territorial sea extends up to 12 nautical miles, over which the coastal state exercises full sovereignty over the air space, water column, seabed, and subsoil, subject only to the right of innocent passage by foreign vessels. Beyond the territorial sea lies the contiguous zone, extending up to 24 nautical miles from the baselines. In the contiguous zone, the coastal state does not exercise full sovereignty but possesses limited jurisdiction to prevent and punish infringements of its customs, fiscal, immigration, or sanitary laws.
3. Continental Shelf EEZ
The Exclusive Economic Zone (EEZ) extends up to 200 nautical miles from baselines, granting the coastal state sovereign rights to explore, exploit, conserve, and manage living and non-living natural resources in the water column and seabed. It also includes jurisdiction over artificial islands and marine scientific research. Meanwhile, the continental shelf comprises the seabed and subsoil extending up to 200 nautical miles, or to the outer edge of the continental margin. The coastal state exercises exclusive sovereign rights over the continental shelf for exploring and exploiting its non-living resources and sedentary species.