[a] Define the archipelagic doctrine of national territory, state its rationale; and explain how it is implemented through the straight baseline method. (2.5%)
[b] Section 2 of RA 9522 declared the Kalayaan Island Group (KIG) and Scarborough Shoal as “Regimes of Islands.” Professor Agaton contends that since the law did not enclose said islands, then the Philippines lost its sovereignty and jurisdiction over them. Is his contention correct? Explain. (2.5%)
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[a] The archipelagic doctrine treats an archipelago as one integrated unit. [b] No, Professor Agaton's contention is incorrect. Under Art. I of the Constitution, UNCLOS Arts. 47 & 121, and RA 9522, an archipelagic state draws
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Quick check
What is the main purpose of the archipelagic doctrine of national territory?
The archipelagic doctrine treats all islands and interconnecting waters of an archipelago as a single cohesive unit connected by straight baselines.
Under Article I of the 1987 Philippine Constitution, how are the waters around, between, and connecting the islands of the Philippine archipelago categorized?
The 1987 Philippine Constitution explicitly dictates that the waters connecting the islands form part of the internal waters of the Philippines regardless of breadth or dimensions.
In Magallona v. Ermita, what did the Supreme Court rule regarding baseline laws such as Republic Act No. 9522?
The Supreme Court clarified in Magallona v. Ermita that baselines laws are statutory mechanisms to delimit maritime zones and do not cause acquisition or loss of territory.
Why were the Kalayaan Island Group and Scarborough Shoal classified under a "Regime of Islands" in Republic Act No. 9522 instead of being enclosed in straight baselines?
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Under Article 121 of UNCLOS, what maritime entitlements are generated by islands categorized under the "regime of islands"?
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Learn more about these topics
1. Archipelagic Doctrine
The archipelagic doctrine treats an archipelago as a single, integrated geographic, economic, and political unit rather than a fragmented collection of islands. Under Article I of the 1987 Philippine Constitution, the waters around, between, and connecting the islands, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. This doctrine preserves national integration, protects territorial integrity, and ensures national security by preventing body-of-water pockets from being treated as high seas or open international waters.
2. Straight Baseline Method
The straight baseline method implements the archipelagic doctrine by drawing straight lines that connect the outermost points of the outermost islands and drying reefs of the archipelago. Under Article 47 of UNCLOS, the enclosed waters are categorized as archipelagic waters, over which the archipelagic state exercises sovereignty, subject to the right of innocent passage. Measuring maritime zones—such as the territorial sea, contiguous zone, and exclusive economic zone—outward from these baselines establishes clear, internationally recognized maritime boundaries while unifying the land and waters of the state.
3. Regime of Islands
Under Article 121 of UNCLOS and Section 2 of Republic Act No. 9522, outlying features like the Kalayaan Island Group and Scarborough Shoal are classified as a Regime of Islands. In Magallona v. Ermita, the Supreme Court held that this classification does not diminish Philippine sovereignty or jurisdiction. Baselines laws are statutory mechanisms to delimit maritime zones rather than modes of acquiring or losing territory. Enclosing distant features within straight baselines would breach UNCLOS rules on baseline length and configuration, whereas the Regime of Islands framework maintains full legal claim while ensuring international compliance.