MAGALLONA v. ERMITA, G.R.

187167, August 16, 2011

Facts:
In 1961, Congress passed R.A. 3046 demarcating the maritime baselines of the Philippines as an
Archepelagic State pursuant to UNCLOS I of 9158, codifying the sovereignty of State parties
over their territorial sea. Then in 1968, it was amended by R.A. 5446, correcting some errors in
R.A. 3046 reserving the drawing of baselines around Sabah.
In 2009, it was again amended by R.A. 9522, to be compliant with the UNCLOS III of 1984. The
requirements complied with are: to shorten one baseline, to optimize the location of some
basepoints and classify KIG and Scarborough Shoal as regime of islands.
Petitioner now assails the constitutionality of the law for three main reasons:
1. it reduces the Philippine maritime territory under Article 1;

2. it opens the countrys waters to innocent and sea lanes passages hence undermining our
sovereignty and security; and
3. treating KIG and Scarborough as regime of islands would weaken our claim over those
territories.
Issue: Whether R.A. 9522 is constitutional?

Ruling:
1. UNCLOS III has nothing to do with acquisition or loss of territory. it is just a codified norm
that regulates conduct of States. On the other hand, RA 9522 is a baseline law to mark out
basepoints along coasts, serving as geographic starting points to measure. it merely notices the
international community of the scope of our maritime space.
2. If passages is the issue, domestically, the legislature can enact legislation designating routes
within the archipelagic waters to regulate innocent and sea lanes passages. but in the absence
of such, international law norms operate.
the fact that for archipelagic states, their waters are subject to both passages does not place
them in lesser footing vis a vis continental coastal states. Moreover, RIOP is a customary
international law, no modern state can invoke its sovereignty to forbid such passage.
3. On the KIG issue, RA 9522 merely followed the basepoints mapped by RA 3046 and in fact, it
increased the Phils. total maritime space. Moreover, the itself commits the Phils. continues
claim of sovereignty and jurisdiction over KIG.
If not, it would be a breach to 2 provisions of the UNCLOS III:
Art. 47 (3): drawing of basepoints shall not depart to any appreciable extent from the general
configuration of the archipelago.
Art 47 (2): the length of baselines shall not exceed 100 mm.
KIG and SS are far from our baselines, if we draw to include them, well breach the rules: that it
should follow the natural configuration of the archipelago.