PROF. MERLIN M. MAGALLONA, et.al v. HON. EDUARDO ERMITA, IN HIS CAPACITY AS EXECUTIVE SECRETARY, et.al G.R. No.

187167, 16 Jul !"11, EN BANC #C$%&'o, J.( The conversion of internal waters into archipelagic waters will not risk the Philippines because an archipelagic State has sovereign power that extends to the waters enclosed by the archipelagic baselines, regardless of their depth or distance from the coast. R.A. 9522 was enacted by the Congress in March 2009 to comply with the terms of the United Nations Con ention on the !aw of the "ea #UNC!$" %%%&' which the (hilippines ratified on )ebr*ary 2+' ,9-.. "*ch compliance shortened one baseline' optimi/ed the location of some basepoints aro*nd the (hilippine archipelago and classified ad0acent territories s*ch as the 1alayaan %sland 2ro*nd #1%2& and the "carboro*gh "hoal as 3regimes of islands4 whose islands generate their own applicable maritime /ones. (etitioners' in their capacities as 3citi/ens' ta5payers or legislators4 assail the constit*tionality of R.A. 9522 with one of their arg*ments contending that the law *nconstit*tionally 3con erts4 internal waters into archipelagic waters' th*s s*b0ecting these waters to the right of innocent and sea lanes passage *nder UNC!$" %%%' incl*ding o erflight. (etitioners ha e contended that these passage rights will iolate the Constit*tion as it shall e5pose (hilippine internal waters to n*clear and maritime poll*tion ha/ard. ISSUE) 6hether or not R.A. 9522 is *nconstit*tional for con erting internal waters into archipelagic waters HELD) (etition DISMISSED. 7he Co*rt finds R.A. 9522 constit*tional and is consistent with the (hilippine8s national interest. Aside from being a ital step in safeg*arding the co*ntry8s maritime /ones' the law also allows an internationally9recogni/ed delimitation of the breadth of the (hilippine8s maritime /ones and continental shelf. 7he Co*rt also finds that the con ersion of internal waters into archipelagic waters will not ris: the (hilippines as affirmed in the Article .9 of the UNC!$" %%%' an archipelagic "tate has so ereign power that e5tends to the waters enclosed by the archipelagic baselines' regardless of their depth or distance from the coast. %t is f*rther stated that the regime of archipelagic sea lanes passage will not affect the stat*s of its archipelagic waters or the e5ercise of so ereignty o er waters and air space' bed and s*bsoil and the reso*rces therein.

)*rthermore' d*e to the absence of its own legislation regarding ro*tes within the archipelagic waters to reg*late innocent and sea lanes passage' the (hilippines has no choice b*t to comply with the international law norms. 7he (hilippines is s*b0ect to UNC!$" %%%' which grants innocent passage rights o er the territorial sea or archipelagic waters' s*b0ect to the treaty8s limitations and conditions for their e5ercise' th*s' the right of innocent passage' being a c*stomary international law' is a*tomatically incorporated in the corp*s of (hilippine law. %f the (hilippines or any co*ntry shall in o:e its so ereignty to forbid innocent passage' it shall ris: retaliatory meas*res from the international comm*nity. 6ith compliance to UNC!$" %%% and the enactment of R.A. 9522' the Congress has a oided s*ch conflict. Contrary to the contention of the petitioners' the compliance to UNC!$" %%% thro*gh the R.A. 9522 will not e5pose (hilippine internal waters to n*clear and maritime poll*tion ha/ard. As a matter of fact' if the (hilippines did not comply with the baselines law' it will find itself de oid of internationally acceptable baselines from where the breadth of its maritime /ones and continental shelf is meas*red and which will prod*ce two9fronted disaster; #,& open in itation to the seafaring powers to freely enter and e5ploit the reso*rces in the waters and s*bmarine areas aro*nd the archipelago and #2& it shall wea:en the co*ntry8s case in any international disp*te o er (hilippine maritime space. "*ch disaster was a oided thro*gh the R.A. 9522.