Public International Law

Case Digest
GR 187167 August 16, 2011
Prof. Magallona, Hontiveros, Prof. Roque and 38 UP College of Law Students
-vsErmita Exec.Sec., Romulo Sec DFA, Andaya Sec DBM, Ventura Administrator National
Mapping & Resource Information Authority and Davide Jr.
-writ of certiorari and prohibition assailing the constitutionality of RA 9522
Facts:
RA 3046 was passed in 1961 which provides among others the demarcation lines of the
baselines of the Philippines as an archipelago. This is in consonance with UNCLOS I.
RA 5446 amended RA 3046 in terms of typographical errors and included Section 2 in
which the government reserved the drawing of baselines in Sabah in North Borneo.
RA 9522 took effect on March 2009 amending RA 5446. The amendments, which are in
compliance with UNCLOS III in which the Philippines is one of the signatory, shortening one
baseline while optimizing the other and classifying Kalayaan Group of Island and Scarborough
Shoal as Regimes of Island.
Petitioners in their capacity as taxpayer, citizen and legislator assailed the
constitutionality of RA 9522:- it reduces the territory of the Philippines in violation to the
Constitution and it opens the country to maritime passage of vessels and aircrafts of other states
to the detriment of the economy, sovereignty, national security and of the Constitution as well.
They added that the classification of Regime of Islands would be prejudicial to the lives of the
fishermen.
Issues:
1. WON the petitioners have locus standi to bring the suit; and
2. WON RA 9522 is unconstitutional
Ruling:
Petition is dismissed.
1st Issue:
The SC ruled the suit is not a taxpayer or legislator, but as a citizen suit, since it is the
citizens who will be directly injured and benefitted in affording relief over the remedy sought.
2nd Issue:

The SC upheld the constitutionality of RA 9522.

First, RA 9522 did not delineate the territory the Philippines but is merely a statutory tool
to demarcate the countrys maritime zone and continental shelf under UNCLOS III. SC
emphasized that UNCLOS III is not a mode of acquiring or losing a territory as provided under
the laws of nations. UNCLOS III is a multi-lateral treaty that is a result of a long-time
negotiation to establish a uniform sea-use rights over maritime zones (i.e., the territorial waters
[12 nautical miles from the baselines], contiguous zone [24 nautical miles from the baselines],
exclusive economic zone [200 nautical miles from the baselines]), and continental shelves. In
order to measure said distances, it is a must for the state parties to have their archipelagic
doctrines measured in accordance to the treatythe role played by RA 9522. The contention of
the petitioner that RA 9522 resulted to the loss of 15,000 square nautical miles is devoid of merit.
The truth is, RA 9522, by optimizing the location of base points, increased the Philippines total
maritime space of 145,216 square nautical miles.
Second, the classification of KGI and Scarborough Shoal as Regime of Islands is
consistent with the Philippines sovereignty. Had RA 9522 enclosed the islands as part of the
archipelago, the country will be violating UNCLOS III since it categorically stated that the
length of the baseline shall not exceed 125 nautical miles. So what the legislators did is to
carefully analyze the situation: the country, for decades, had been claiming sovereignty over KGI
and Scarborough Shoal on one hand and on the other hand they had to consider that these are
located at non-appreciable distance from the nearest shoreline of the Philippine archipelago. So,
the classification is in accordance with the Philippines sovereignty and States responsible
observance of its pacta sunt servanda obligation under UNCLOS III.
Third, the new base line introduced by RA 9522 is without prejudice with delineation of
the baselines of the territorial sea around the territory of Sabah, situated in North Borneo, over
which the Republic of the Philippines has acquired dominion and sovereignty.
And lastly, the UNCLOS III and RA 9522 are not incompatible with the Constitutions
delineation of internal waters. Petitioners contend that RA 9522 transformed the internal waters
of the Philippines to archipelagic waters hence subjecting these waters to the right of innocent
and sea lanes passages, exposing the Philippine internal waters to nuclear and maritime pollution
hazards. The Court emphasized that the Philippines exercises sovereignty over the body of water
lying landward of the baselines, including the air space over it and the submarine areas
underneath, regardless whether internal or archipelagic waters. However, sovereignty will not bar
the Philippines to comply with its obligation in maintaining freedom of navigation and the
generally accepted principles of international law. It can be either passed by legislator as a
municipal law or in the absence thereof, it is deemed incorporated in the Philippines law since
the right of innocent passage is a customary international law, thus automatically incorporated
thereto.
This does not mean that the states are placed in a lesser footing; it just signifies
concession of archipelagic states in exchange for their right to claim all waters inside the
baseline. In fact, the demarcation of the baselines enables the Philippines to delimit its exclusive
economic zone, reserving solely to the Philippines the exploitation of all living and non-living

resources within such zone. Such a maritime delineation binds the international community since
the delineation is in strict observance of UNCLOS III. If the maritime delineation is contrary to
UNCLOS III, the international community will of course reject it and will refuse to be bound by
it.
The Court expressed that it is within the Congress who has the prerogative to determine
the passing of a law and not the Court. Moreover, such enactment was necessary in order to
comply with the UNCLOS III; otherwise, it shall backfire on the Philippines for its territory shall
be open to seafaring powers to freely enter and exploit the resources in the waters and submarine
areas around our archipelago and it will weaken the countrys case in any international dispute
over Philippine maritime space.
The enactment of UNCLOS III compliant baselines law for the Philippine archipelago
and adjacent areas, as embodied in RA 9522, allows an internationally-recognized delimitation of
the breadth of the Philippines maritime zones and continental shelf. RA 9522 is therefore a most
vital step on the part of the Philippines in safeguarding its maritime zones, consistent with the
Constitution and our national interest.