National territory, A1 1987 Constitution

Preliminary

The 1987 Philippine Constitution provides:

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.

1. Composition

The 1987 Constitution defines the “national territory” to include not only islands or rocks above water at high tide but also the seabed, subsoil and other submarine areas “over which the Philippines has sovereignty or jurisdiction.” (J. Carpio, Concurring Opinion in Saguisag v. Executive Secretary, En Banc, G.R. Nos. 212426 and 212444, 12 January 2016)

The Philippine “national territory” refers to areas over which the Philippines has “sovereignty or jurisdiction.” The Constitution mandates: “The State shall protect the nation's marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.” (J. Carpio, Concurring Opinion in Saguisag v. Executive Secretary, En Banc, G.R. Nos. 212426 and 212444, 12 January 2016)

In short, under international...