Prof. Magallona, Hontiveros, Prof.

Roque and 38 UP College of Law Students

vs.
Ermita Exec.Sec., Romulo Sec DFA, Andaya Sec DBM, Ventura Administrator National
Mapping & Resource Information Authority and Davide Jr.

FACTS:

In 1961, RA 3046 was enacted by Congress to provide the demarcation lines of the
baselines of the Philippines as an archipelago in compliance 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.

In March 2009, RA 9522 took effect 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.

The petitioners in their capacity as taxpayer, citizen and legislator assailed the
constitutionality of RA 9522, which reduces the territory of the Philippines in violation to the
Constitution and opening 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.

ISSUE:
Whether or not RA 9522 is unconstitutional.

HELD:

Yes, RA 9522 is constitutional. RA 9522 did not delineate the territory of the Philippines
but is merely a statutory tool to demarcate the country’s maritime zone and continental shelf
under UNCLOS III. The court emphasized that UNCLOS III is not a mode of acquiring or losing
a territory as provided under the laws of nations but 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 treaty—which the 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.

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 State’s responsible
observance of its pacta sunt servanda obligation under UNCLOS III.

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 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.