PREAMBLE

&
NATIONAL
TERRITORY
 IS THE PREAMBLE NECESSARY?
• Technically, not an integral part of the Constitution.
• It neither enlarges nor confers power.
• Not a source of rights and obligations.
• Function is: TO INTRODUCE THE
CONSTITUTION, EXPLAIN THE REASON FOR
ITS ENACTMENT AND THE OBJECT SOUGHT
FOR ACCOMPLISHMENT.
• “Preambulare” meaning to walk before
• May serve as an aid in its interpretation.
• One of the world‟s longest (75 words)
PREAMBLE
• Filipino people instead of the people of the
Philippines
• We and our instead of third person
• Belief in God stressed
• Almighty God (Divine Providence in the 1935 and
1973 Constitution → impersonal )
• Common good (general welfare)
• Freedom (liberty – does not include freedom from
want, fear and ignorance)
• 1935 constitution- “The Filipino people… in order to
establish a government… do ordain and promulgate this
Constitution.”

• 1973 and 1987 Constitutions- copied the phrase: “… in

order to establish a government…”

• and added: “ to build a just and humane society”.

• To embody their ideals and aspirations

• Common good

• Patrimony- refers to everything that belongs to the Filipino

people.
COMMON GOOD VS GENERAL
WELFARE
• "An attempt to restore the phrase „general welfare‟ in place of the
Committee‟s phrase „common good‟ was not accepted. The change
from „general welfare‟ to „common good‟ was intended to project the
idea of a social order that enables every citizen to attain his or her
fullest development economically, politically, culturally and spiritually.
The rejection of the phrase „general welfare‟ was based on the
apprehension that the phrase could be interpreted as meaning the
„greatest good for the greatest number‟ even if what the greater
number wants does violence to human dignity, as for instance when
the greater majority might want the extermination of those who are
considered as belonging to an inferior race. It was thought that the
phrase „common good‟ would guarantee that mob rule would not
prevail and that the majority would not persecute the minority." (see
Fr. Bernas; The 1987 Constitution of the Republic of the
Philippines, 2009)
“OURS IS A
GOVERNMENT
OF LAW AND
NOT OF MEN”
PREAMBLE – 1899
• We, the Representatives of the Filipino people,
lawfully convened, in order to establish justice,
provide for common defense, promote the
general welfare, and insure the benefits of liberty,
imploring the aid of the Sovereign Legislator of
the Universe for the attainment of these ends,
have voted, decreed, and sanctioned the
following:
PREAMBLE - 1935
• The Filipino people, imploring the aid of Divine
Providence, in order to establish a government that shall
embody their ideals, conserve and develop the patrimony
of the nation, promote the general welfare, and secure to
themselves and their posterity the blessings of
independence under a regime of justice, liberty, and
democracy, do ordain and promulgate this Constitution.
PREAMBLE - 1973
• We, the sovereign Filipino people, imploring the aid of
Divine Providence, in order to establish a government that
shall embody our ideals, promote the general welfare,
conserve and develop the patrimony of our Nation, and
secure to ourselves and our posterity the blessings of
democracy under a regime of justice, peace, liberty, and
equality, do ordain and promulgate this Constitution.
PREAMBLE
1973 1987
 We, the sovereign Filipino We, the sovereign Filipino people,
imploring the aid of Almighty God,
people, imploring the aid of
in order to build a just and humane
Divine Providence, in order to
society, and establish a
establish a government that Government that shall embody our
shall embody our ideals, ideals and aspirations, promote the
promote the general welfare, common good, conserve and
conserve and develop the develop our patrimony, and secure
patrimony of our Nation, and to ourselves and our posterity, the
secure to ourselves and our blessings of independence and
posterity the blessings of democracy under the rule of law
democracy under a regime of and a regime of truth, justice,
freedom, love, equality, and peace,
justice, peace, liberty, and
do ordain and promulgate this
equality, do ordain and
Constitution.
promulgate this Constitution.
• 1935 Constitution- “… of justice, liberty and democracy”

• 1973 Constitution- “… justice, peace, liberty, and equality”.

• 1987 Constitution- “… truth, justice, freedom,LOVE,

equality and peace.
ART. 1 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.
 1973 CONSTITUTION 1987 CONSTITUTION
NATIONAL TERRITORY NATIONAL TERRITORY
SECTION 1. The national territory The national territory comprises the
comprises the Philippine Philippine archipelago, with all the
archipelago, with all the islands and
islands and waters embraced therein,
waters embraced therein, and all the
other territories belonging to the and all the other territories over
Philippines by historic right or legal which the Philippines has sovereignty
title, including the territorial sea, or jurisdiction, consisting of its
the air space, the subsoil, the sea- terrestrial, fluvial, and aerial domains,
bed, the insular shelves, and the including its territorial sea, the sea-
other submarine areas over which bed, the subsoil, the insular shelves,
the Philippines has sovereignty or and other submarine areas. The waters
jurisdiction. The waters around, around, between and connecting the
between and connecting the islands
islands of the archipelago, regradless
of the archipelago, irrespective of
their breadth and dimensions, form of their breadth and dimensions, form
part of the internal waters of the part of the internal waters of the
Philipppines. Philipppines.
 1973 CONSTITUTION 1987 CONSTITUTION
NATIONAL TERRITORY NATIONAL TERRITORY
SECTION 1. The national territory
comprises the Philippine archipelago, The national territory comprises the
with all the islands and waters Philippine archipelago, with all the
embraced therein, and all the other islands and waters embraced therein, and
territories belonging to the Philippines all the other territories over which the
by historic right or legal title, including Philippines has sovereignty or
the territorial sea, the air space, the jurisdiction, consisting of its terrestrial,
subsoil, the sea-bed, the insular shelves, fluvial, and aerial domains, including its
and the other submarine areas over territorial sea, the sea-bed, the subsoil,
which the Philippines has sovereignty
the insular shelves, and other submarine
or jurisdiction. The waters around,
between and connecting the islands of areas. The waters around, between and
the archipelago, irrespective of their connecting the islands of the archipelago,
breadth and dimensions, form part of regardless of their breadth and
the internal waters of the Philipppines. dimensions, form part of the internal
waters of the Philippines.
REASONS
• Binding force of such provision under
international law
• Value of provision defining our national
territory
• 1973 – all the other territories belonging to the
Philippines by historic right or legal title (was
deleted in the 1987 C)
• Territorial sea (12 nautical miles), subsoil,
insular shelves, other submarine areas
ARCHIPELAGIC PRINCIPLE
• An archipelago should be treated as a single unit.
• The archipelagic principle and the Exclusive
Economic Zone Rights (PD No. 1599 –
establishes an exclusive economic zone (EEZ) of
the Philippines extending to a distance of 200
nautical miles beyond and from the baselines
from which the territorial sea is measured) are
now fully recognized in the UN Convention Law of
the Sea (UNCLOS)
• for the purpose of making known to the world the areas over
which we assert title or ownership to avoid future conflicts with
other nations.

• As a sovereign state, the Philippines can promulgate and

enforce laws within our country. Every other power is excluded
from exercising dominion or jurisdiction without the consent of
the Philippines.

• Acquisition of other territories- the definition of our national

territory in our constitution does not prevent the Philippines
from acquiring other territories in the future through any of the
means( e.g. purchase, exchange,etc.) sanctioned by
international law.
Southeastern Asia, group of
reefs and islands in the South
China Sea, about two-thirds of
the way from southern Vietnam
to the southern Philippines

strategically located near

several primary shipping lanes
in the central South China Sea;
includes numerous small
islands, atolls, shoals, and
coral reefs
• Area - comparative:NA
• Land boundaries:0 km
• Coastline:926 km
• Maritime claims:NA
• Climate:tropical
• Terrain:flat
• Elevation extremes: lowest point: South China Sea 0 m
highest point: unnamed location on Southwest Cay 4 m
• Natural resources: fish, guano, undetermined oil and natural
gas potential
• Land use: arable land: 0%
permanent crops: 0%
other: 100% (2001)
• Irrigated land:0 sq km (1998 est.)
• Economy - Economic activity is limited to commercial fishing.
The proximity to nearby oil- and gas-producing sedimentary
basins suggests the potential for oil and gas deposits, but the
region is largely unexplored; there are no reliable estimates of
potential reserves; commercial exploitation has yet to be
developed.

• Population: no indigenous inhabitants

note: there are scattered garrisons occupied by personnel of
several claimant states (2004)

• Natural hazards: typhoons; serious maritime hazard because of

numerous reefs and shoals
• Disputes – international:

• all of the Spratly Islands- China, Taiwan, and Vietnam

• parts of them- Malaysia and the Philippines
• 1984- Brunei established an exclusive fishing zone that
encompasses Louisa Reef in the southern Spratly Islands
but has not publicly claimed the reef
• claimants in November 2002 signed the "Declaration on the
Conduct of Parties in the South China Sea," which has
eased tensions but falls short of a legally binding "code of
conduct";
• March 2005- the national oil companies of China, the
Philippines, and Vietnam signed a joint accord to conduct
marine seismic activities in the Spratlys
• Basis: historical grounds
• Evidences: ancient manuscripts, remains of Chinese pottery
and coins
• 1930: discovery of Chinese fishermen by the French
• Official records and maps: Han, Yuan, Qing dynasty, ROC

• PRC
• Claim of being a legitimate government (vs Taiwan)

• “Nansha island”
• Basis: historical grounds
• 17th C- geographical maps record of Golden Sandbanks (Spratly
islands)
• Islands are part of Annam empire

• 1815
• Expedition sent by King Gia Long

• French colonizers
• Annexed Spratly to Vietnam

• “Truong Sa island”
• Aim: protection of interests
• Passage of shipping lanes around Spratly island
• Abundant fishes

• ROC
• Claim of being a legitimate government (vs China)
• Basis: The Law of the Sea Convention (UNCLOS)

• earliest oil operator in the sea and claims 3 islands and

4 rock groups in the Spratly region

• Claim: Layang Layang (Swallow's Reef) is a small reef

in the Spratly Islands, and is currently operated and
managed by the government of Malaysia
• Basis: The Law of the Sea Convention (UNCLOS)

• Claims: Louisa Reef in the Spratly region, located

adjacent to its coastline
• Basis: The Law of the Sea Convention (UNCLOS)

• Proximity: 450 nm from Manila, 230 nm from Palawan

• “Kalayaan Island Groups”

• Historical basis:
• Acquisition and discovery of uninhabited land
• Tomas Cloma (1956) and crew
• “Terra nullius”
• April 1972- incorporated Kalayaan group into Palawan province as
a municipality
• June 1978 PD 1596 (Marcos)- claimed Kalayaan Group
• July 1978 PD 1599- Kalayaan goroup was within Philippine EEZ
• February 8, 1995- Chinese occupation of Mischief Reef,
located in Kalayaan (120 miles from Palawan)

• PRC‟s claim: structure will be used by Chinese fishermen

• Response:
• seeked multilateral support and taking retaliatory measures that
included the destruction of Chinese territorial markers and the
arrest of Chinese fishermen in March 1995
• announced a defense modernization program

• August 1995 - the peaceful resolution of their bilateral disputes

in accordance with the principles of the 1982 Convention on
the Law of the Sea
 PHILIPPINES VERSUS CHINA
• United Nations (UN) Arbitral Tribunal: Philippines has exclusive
sovereign rights over the West Philippine Sea (in the South
China Sea) and that China‟s “nine-dash line” is invalid
• “…declare that certain sea areas are within the exclusive
economic zone of the Philippines, because those areas are not
overlapped by any possible entitlement of China”
… the Tribunal found that China had violated the Philippines‟
sovereign rights in its exclusive economic zone by
• (a) interfering with Philippine fishing and petroleum
exploration,
• (b) constructing artificial islands and
• (c) failing to prevent Chinese fishermen from fishing in the
zone,” the tribunal statement said.

Read more: http://globalnation.inquirer.net/140358/philippines-arbitration-decision-maritime-dispute-south-china-sea-arbitral-

tribunal-unclos-itlos#ixzz4vFWIhkJL
• northern part of Borneo

• bordered by Sarawak on its southwestern side, and Kalimantan (Indonesian

Borneo) to the south
• coastline of approximately 800 to 900 miles and with the South China Sea in the
west and north, the Sulu Sea in the northeast and the Celebes Sea in the east
• total land area: 76,115 sq km (29,388 sq miles)

• Population: about 2.5 million.

• North Borneo is much undeveloped and very rich in natural resources

• One of the wealthiest oil producing countries is located in same island of Borneo,
the tiny Sultanate of Brunei
„Land below the
Wind‟ because of its
location below the
typhoon belt,
making it free of
any climatic
disturbances
• Sultan of Brunei granted the territory to the Sultanate of
Sulu (prize)

• 1878- Baron Von Overbeck with British Alfred Dent

(British North Borneo Co.)- leased “Sabah”
• Rental payment (Malaysian ringgits or gold)
• Provided arms to resist Spaniards
• 1962 –Pres. Diosdado Macapagal- formal claim to Sabah
(Sultanate of Sulu heirs‟ claim)

• Phil. Broke diplomatic relations with Malaysia after it

included “Sabah” in their territory
• June 22, 1878- lease agreement between representatives
of British North Borneo Co. and the Sultanate of Sulu
• Malaysia still continued to pay the annual rent even after the British
turnover

• 1939 court judgment- upheld the validity of the claim of

the heirs
• Phil continues to take legal action through the
international courts and of the Malaysian government

• Immediate objectives: rent will be increased