law compilation - berne guerrero · 2012. 8. 25. · referred in the third chapter of the course...

Law CompilationConstitutional Law I

Michael Vernon Guerrero Mendiola2011

Collection shared under Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Philippines license.

Some Rights Reserved.

http://creativecommons.org/licenses/by-nc-sa/3.0/ph/

Table of Contents

Treaty of Paris of 1898 …......... 1Treaty Between Spain and the United States for the Cession of Outlying Islands of the Philippines …......... 5

Convention regarding the Boundary between the Philippine Archipelago and the State of North Borneo …......... 6Republic Act 3046 …......... 15Republic Act 5446 …......... 20Republic Act 5446 …......... 25

Presidential Decree 1596 …......... 29Presidential Decree 1599 …......... 31

United Nations Convention on the Law of the Sea of 10 December 1982 …......... 33

ends at 185

This collection contains nine (9) legal documents,referred in the third chapter of the course syllabus,

compiled by Atty. Michael Vernon M. Guerreroduring the First Semester, school year 2011-2012

as Professor for Constitutional Law Iat the Arellano University School of Law (AUSL).

Compiled as PDF, July 2011.

Berne Guerrero entered AUSL in June 2002 and eventually graduated from AUSL in 2006.

He passed the Philippine bar examinations immediately after (April 2007).He started teaching law (Technology and the Law) at AUSL in 2008

and began to teach Constitutional Law I in 2011.

www.berneguerrero.com

Notes in Constitutional Law I (Atty. Berne Guerrero)

Annex ATreaty of Paris of 1898

For a copy of the original text, see http://avalon.law.yale.edu/19th_century/sp1898.aspSource: A Treaty of Peace Between the United States and Spain, U.S. Congress, 55th Cong., 3d sess., Senate Doc. No. 62, Part 1 (Washington: Government Printing Office, 1899), 5-11.

The United States of America and Her Majesty the Queen Regent of Spain, in the name of her august son Don Alfonso XIII, desiring to end the state of war now existing between the two countries, have for that purpose appointed as plenipotentiaries:

The President of the United States, William R. Day, Cushman K. Davis, William P. Frye, George Gray, and Whitelaw Reid, citizens of the United States;

And Her Majesty the Queen Regent of Spain,

Don Eugenio Montero Rios, president of the senate, Don Buenaventura de Abarzuza, senator of the Kingdom and ex-minister of the Crown; Don Jose de Garnica, deputy of the Cortes and associate justice of the supreme court; Don Wenceslao Ramirez de Villa-Urrutia, envoy extraordinary and minister plenipotentiary at Brussels, and Don Rafael Cerero, general of division;

Who, having assembled in Paris, and having exchanged their full powers, which were found to be in due and proper form, have, after discussion of the matters before them, agreed upon the following articles:

Article I.

Spain relinquishes all claim of sovereignty over and title to Cuba.And as the island is, upon its evacuation by Spain, to be occupied by the United States, the United States will, so long as such occupation shall last, assume and discharge the obligations that may under international law result from the fact of its occupation, for the protection of life and property.

Article II.

Spain cedes to the United States the island of Porto Rico and other islands now under Spanish sovereignty in the West Indies, and the island of Guam in the Marianas or Ladrones.

Article III.

Spain cedes to the United States the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line:

A line running from west to east along or near the twentieth parallel of north latitude, and through the middle of the navigable channel of Bachi, from the one hundred and eighteenth (118th) to the one hundred and twenty-seventh (127th) degree meridian of longitude east of Greenwich, thence along the one hundred and twenty seventh (127th) degree meridian of longitude east of Greenwich to the parallel of four degrees and forty five minutes (4 [degree symbol] 45']) north latitude, thence along the parallel of four degrees and forty five minutes (4 [degree symbol] 45') north latitude to its intersection with the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119 [degree symbol] 35') east of Greenwich, thence along the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119 [degree symbol] 35') east of Greenwich to the parallel of latitude seven degrees and forty minutes (7 [degree symbol] 40') north, thence along the parallel of latitude of seven degrees and forty minutes (7 [degree symbol] 40') north to its intersection with the one hundred and sixteenth (116th) degree meridian of longitude east of Greenwich, thence by a direct line to the intersection of the tenth (10th) degree parallel of north latitude with the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich, and thence along the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich to the point of beginning.The United States will pay to Spain the sum of twenty million dollars ($20,000,000) within three months after the exchange of the ratifications of the present

(Draft) First Edition, 2011 ( Annex III - 1 )


treaty.

Article IV.

The United States will, for the term of ten years from the date of the exchange of the ratifications of the present treaty, admit Spanish ships and merchandise to the ports of the Philippine Islands on the same terms as ships and merchandise of the United States.

Article V.

The United States will, upon the signature of the present treaty, send back to Spain, at its own cost, the Spanish soldiers taken as prisoners of war on the capture of Manila by the American forces. The arms of the soldiers in question shall be restored to them.

Spain will, upon the exchange of the ratifications of the present treaty, proceed to evacuate the Philippines, as well as the island of Guam, on terms similar to those agreed upon by the Commissioners appointed to arrange for the evacuation of Porto Rico and other islands in the West Indies, under the Protocol of August 12, 1898, which is to continue in force till its provisions are completely executed.

The time within which the evacuation of the Philippine Islands and Guam shall be completed shall be fixed by the two Governments. Stands of colors, uncaptured war vessels, small arms, guns of all calibres, with their carriages and accessories, powder, ammunition, livestock, and materials and supplies of all kinds, belonging to the land and naval forces of Spain in the Philippines and Guam, remain the property of Spain. Pieces of heavy ordnance, exclusive of field artillery, in the fortifications and coast defences, shall remain in their emplacements for the term of six months, to be reckoned from the exchange of ratifications of the treaty; and the United States may, in the meantime, purchase such material from Spain, if a satisfactory agreement between the two Governments on the subject shall be reached.

Article VI.

Spain will, upon the signature of the present treaty, release all prisoners of war, and all persons detained or imprisoned for political offences, in connection with the insurrections in Cuba and the Philippines and the war with the United States.

Reciprocally, the United States will release all persons made prisoners of war by the American forces, and will undertake to obtain the release of all Spanish prisoners in the hands of the insurgents in Cuba and the Philippines.

The Government of the United States will at its own cost return to Spain and the Government of Spain will at its own cost return to the United States, Cuba, Porto Rico, and the Philippines, according to the situation of their respective homes, prisoners released or caused to be released by them, respectively, under this article.

Article VII.

The United States and Spain mutually relinquish all claims for indemnity, national and individual, of every kind, of either Government, or of its citizens or subjects, against the other Government, that may have arisen since the beginning of the late insurrection in Cuba and prior to the exchange of ratifications of the present treaty, including all claims for indemnity for the cost of the war.

The United States will adjudicate and settle the claims of its citizens against Spain relinquished in this article.

Article VIII.

In conformity with the provisions of Articles I, II, and III of this treaty, Spain relinquishes in Cuba, and cedes in Porto Rico and other islands in the West Indies, in the island of Guam, and in the Philippine Archipelago, all the buildings, wharves, barracks, forts, structures, public highways and other immovable property which, in conformity with law, belong to the public domain, and as such belong to the Crown of Spain.



And it is hereby declared that the relinquishment or cession, as the case may be, to which the preceding paragraph refers, can not in any respect impair the property or rights which by law belong to the peaceful possession of property of all kinds, of provinces, municipalities, public or private establishments, ecclesiastical or civic bodies, or any other associations having legal capacity to acquire and possess property in the aforesaid territories renounced or ceded, or of private individuals, of whatsoever nationality such individuals may be.

The aforesaid relinquishment or cession, as the case may be, includes all documents exclusively referring to the sovereignty relinquished or ceded that may exist in the archives of the Peninsula. Where any document in such archives only in part relates to said sovereignty, a copy of such part will be furnished whenever it shall be requested. Like rules shall be reciprocally observed in favor of Spain in respect of documents in the archives of the islands above referred to.

In the aforesaid relinquishment or cession, as the case may be, are also included such rights as the Crown of Spain and its authorities possess in respect of the official archives and records, executive as well as judicial, in the islands above referred to, which relate to said islands or the rights and property of their inhabitants. Such archives and records shall be carefully preserved, and private persons shall without distinction have the right to require, in accordance with law, authenticated copies of the contracts, wills and other instruments forming part of notorial protocols or files, or which may be contained in the executive or judicial archives, be the latter in Spain or in the islands aforesaid.

Article IX.

Spanish subjects, natives of the Peninsula, residing in the territory over which Spain by the present treaty relinquishes or cedes her sovereignty, may remain in such territory or may remove therefrom, retaining in either event all their rights of property, including the right to sell or dispose of such property or of its proceeds; and they shall also have the right to carry on their industry, commerce and professions, being subject in respect thereof to such laws as are applicable to other foreigners. In case they remain in the territory they may preserve their allegiance to the Crown of Spain by making, before a court of record, within a year from the date of the exchange of ratifications of this treaty, a declaration of their decision to preserve such allegiance; in default of which declaration they shall be held to have renounced it and to have adopted the nationality of the territory in which they may reside.

The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress.

Article X. The inhabitants of the territories over which Spain relinquishes or cedes her sovereignty shall be secured in the free exercise of their religion.

Article XI.

The Spaniards residing in the territories over which Spain by this treaty cedes or relinquishes her sovereignty shall be subject in matters civil as well as criminal to the jurisdiction of the courts of the country wherein they reside, pursuant to the ordinary laws governing the same; and they shall have the right to appear before such courts, and to pursue the same course as citizens of the country to which the courts belong.

Article XII.

Judicial proceedings pending at the time of the exchange of ratifications of this treaty in the territories over which Spain relinquishes or cedes her sovereignty shall be determined according to the following rules:

1. Judgments rendered either in civil suits between private individuals, or in criminal matters, before the date mentioned, and with respect to which there is no recourse or right of review under the Spanish law, shall be deemed to be final, and shall be executed in due form by competent authority in the territory within which such judgments should be carried out.

2. Civil suits between private individuals which may on the date mentioned be undetermined shall be prosecuted to judgment before the court in which they may then be pending or in the court that may be substituted therefor.



3. Criminal actions pending on the date mentioned before the Supreme Court of Spain against citizens of the territory which by this treaty ceases to be Spanish shall continue under its jurisdiction until final judgment; but, such judgment having been rendered, the execution thereof shall be committed to the competent authority of the place in which the case arose.

Article XIII.

The rights of property secured by copyrights and patents acquired by Spaniards in the Island of Cuba and in Porto Rico, the Philippines and other ceded territories, at the time of the exchange of the ratifications of this treaty, shall continue to be respected. Spanish scientific, literary and artistic works, not subversive of public order in the territories in question, shall continue to be admitted free of duty into such territories, for the period of ten years, to be reckoned from the date of the exchange of the ratifications of this treaty.

Article XIV.

Spain will have the power to establish consular officers in the ports and places of the territories, the sovereignty over which has been either relinquished or ceded by the present treaty.

Article XV.

The Government of each country will, for the term of ten years, accord to the merchant vessels of the other country the same treatment in respect of all port charges, including entrance and clearance dues, light dues, and tonnage duties, as it accords to its own merchant vessels, not engaged in the coastwise trade.

Article XVI.

It is understood that any obligations assumed in this treaty by the United States with respect to Cuba are limited to the time of its occupancy thereof; but it will upon termination of such occupancy, advise any Government established in the island to assume the same obligations.

Article XVII.

The present treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by Her Majesty the Queen Regent of Spain; and the ratifications shall be exchanged at Washington within six months from the date hereof, or earlier if possible.

In faith whereof, we, the respective Plenipotentiaries, have signed this treaty and have hereunto affixed our seals.

Done in duplicate at Paris, the tenth day of December, in the year of Our Lord one thousand eight hundred and ninety-eight.

[Seal] William R. Day [Seal] Cushman K. Davis [Seal] William P. Frye [Seal] Geo. Gray[Seal] Whitelaw Reid [Seal] Eugenio Montero Rios [Seal] B. de Abarzuza[Seal] J. de Garnica [Seal] W. R. de Villa Urrutia [Seal] Rafael Cerero



Annex BTreaty Between Spain and the United States for the Cession of Outlying Islands of the Philippines

For a copy of the original text, see http://law.upd.edu.ph/plj/images/files/PLJ%20volume%2060/PLJ%20Volume%2060%20supplemental%20issue%20-012-%20Treaty%20between%20spain%20and%20the%20United%20States.pdf

Concluded November 7, 1900; ratification advised by Senate January 22, 1901 .. ratified by the President January 30, 1901; ratifications exchanged March 23, 1901; proclaimed March 23, 1901.

ARTICLERelinquishment of islands to the United States

The United States of America and Her Majesty the Queen Regent of Spain, in the name of Her August Son, Don Alfonso XIII, desiring to remove any ground of misunderstanding growing out of the interpretation of Article III of the Treaty of Peace concluded between them at Paris the tenth day of December, one thousand eight hundred and ninety eight, whereby Spain cedes to the United States the archipelago known as the Philippine Islands and comprehending the islands lying within certain described lines, and having resolved to conclude a Treaty to accomplish that end, have for that purpose appointed as their respective plenipotentiaries:

The President of the United States, John Hay, Secretary of State of the United States;

and Her Majesty the Queen Regent of Spain, the Duke de Arcos, Envoy Extraordinary and Minister Plenipotentiary of Spain to the United States;

who, having met in the city of Washington and having exchanged their full powers, which were found to be in due and proper form, have agreed upon the following sole article:

SOLE ARTICLE

Spain relinquishes to the United States all title and claim of title; which she may have had at the time of the conclusion of the Treaty of Peace of Paris, to any and all islands belonging to the Philippine Archipelago, lying outside the lines described in Article III of that Treaty and particularly to the islands of Cagayan Sulu and Sibutu and their dependencies, and agrees that all such islands shall be comprehended in the cession of the Archipelago as fully as if they had been expressly included within those lines.

The United States, in consideration of this relinquishment, will pay to Spain the sum of one hundred thousand dollars ($100,000) within six months after the exchange of the ratifications of the prescut treaty.

The present Treaty shall be ratified by the President of the United States, by ·and with the advice and consent of the Senate thereof, and by Her Majesty the Queen Regent of Spain, after approval by the Cortes of the Kingdom, and the ratifications shall be exchanged at Washington as soon as possible.

In faith whereof the respective Plenipotentiaries, have signed this Treaty and have hereunto affixed our seals. Done in duplicate at the city of Washington, the 7th day of November, in the year of Our Lord one thousand nine hundred.

we, JOHN HAY (SEAL) ARCOS (SEAL)



Annex CConvention regarding the Boundary between the Philippine Archi pelago and the State of North Borneo

For a copy of the original text, see http://untreaty.un.org/unts/60001_120000/17/33/00033631.pdf

Convention regarding the Boundary between the Philippine Archi pelago and the State of North Borneo, signed at Washington, January 2, 1930, and Exchange of Notes relating thereto, Wash ington, January 2, 1930, and July 6, 1932.

CONVENTION1 BETWEEN HIS MAJESTY IN RESPECT OF THE UNITED KINGDOM AND THE PRESIDENT OF THE UNITED STATES OF AMERICA REGARDING THE BOUNDARY BETWEEN THE PHILIPPINE ARCHIPELAGO AND THE STATE OF NORTH BORNEO. SIGNED AT WASHINGTON, JANUARY 2, 1930.

His MAJESTY THE KING OF GREAT BRITAIN, IRELAND AND THE BRITISH DOMINIONS BEYOND THE SEAS, EMPEROR OF INDIA, and THE PRESIDENT OF THE UNITED STATES OF AMERICA,

Being desirous of delimiting definitely the boundary between the Philippine Archipelago (the territory acquired by the United States of America by virtue of the Treaties of the 10th December, 1898,2 and the 7th November, 1900,3 with Her Majesty the Queen Regent of Spain) and the State of North Borneo which is under British protection,

Have resolved to conclude a Convention for that purpose and have appointed as their Plenipotentiaries :

His MAJESTY THE KING OF GREAT BRITAIN, IRELAND AND THE BRITISH DOMINIONS BEYOND THE SEAS, EMPEROR OF INDIA :

FOR GREAT BRITAIN AND NORTHERN IRELAND : The Right Honourable Sir Esme HOWARD, G.C.B., G.C.M.G., C.V.O., His Majesty's Ambassador

Extraordinary and Plenipotentiary at Washington ; and

THE PRESIDENT OF THE UNITED STATES OF AMERICA : Henry L. STIMSON, Secretary of State of the United States ;

Who, having communicated to each other their respective full powers found in good and due form have agreed upon and concluded the following Articles :

Article 1.

It is hereby agreed and declared that the line separating the islands belonging to the Philippine Archipelago on the one hand and the islands belonging to the State of North Borneo which is under British protection on the other hand shall be and is hereby established as follows :

From the point of intersection of the parallel of four degrees forty-five minutes (4° 45') north latitude and the meridian of longitude one hundred twenty degrees (120° 0') east of Greenwich (being a point on the boundary defined by the Treaty between the United States of America and Spain, signed at Paris, the 10th December, 1898), a line due south along the meridian of longitude one hundred twenty degrees (120° 0') east of Greenwich to its point of intersection with the parallel of four degrees twenty-three minutes (4° 23') north latitude ;

Thence due west along the parallel of four degrees twenty-three minutes (4° 23') north latitude to its intersection with the meridian of longitude one hundred nineteen degrees (119° 0') east of Greenwich ;

1 L'échange des ratifications a eu lieu à Washington, le 13 décembre 1932/ 2 DE MARTENS, Nouveau Recueil général de Traités, deuxième série, tome XXX11, page 743 DE MARTENS, Nouveau Recueil général de Traités, deuxième série, tome XXXII, page 82



Thence due north along the meridian of longitude one hundred nineteen degrees (119° 0') east of Greenwich to its intersection with the parallel of four degrees forty-two minutes (4° 42') north latitude ;

Thence in a straight line approximately 45° 54' true (N 45° 54' E) to the intersection of the parallel of five degrees sixteen minutes (5° 16') north latitude and the meridian of longitude one hundred nineteen degrees thirty-five minutes (119° 35') east of Greenwich ;

Thence in a straight line approximately 314° 19' true (N 45° 41 ' W) to the intersection of the parallel of six degrees (6° o') north latitude and the meridian of longitude one hundred eighteen degrees fifty minutes (118° 50') east of Greenwich ;

Thence due west along the parallel of six degrees (6° 0') north latitude to its intersection with the meridian of longitude one hundred eighteen degrees twenty minutes (118° 20') east of Greenwich ;

Thence in a straight line approximately 307° 40' true (N 52° 20' W) passing between Little Bakkungaan Island and Great Bakkungaan Island to the intersection of the parallel of six degrees seventeen minutes (6° 17') north latitude and the meridian of longitude one hundred seventeen degrees fifty-eight minutes (117° 58') east of Greenwich ;

Thence due north along the meridian of longitude one hundred seventeen degrees fifty-eight minutes (117° 58') east of Greenwich to its intersection with the parallel of six degrees fifty-two minutes (6° 52') north latitude ;

Thence in a straight line approximately 315° 16' true (N 44° 44' W) to the intersection of the parallel of seven degrees twenty-four minutes forty-five seconds (7° 24' 45") north latitude with the meridian of longitude one hundred seventeen degrees twenty-five minutes thirty seconds (117° 25' 30") east of Greenwich ;

Thence in a straight line approximately 300° 56' true (N 59° 4' W) through the Mangsee Channel between Mangsee Great Reef and Mangsee Islands to the intersection of the parallel of seven degrees forty minutes (7° 40') north latitude and the meridian of longitude, one hundred seventeen degrees (117° o') east of Greenwich, the latter point being on the boundary defined by the Treaty between the United States of America and Spain, signed at Paris, December 10, 1898.

Article 2.

The line described above has been indicated on Charts Nos. 4707 and 4720, published by the United States Coast and Geodetic Survey, corrected to the 24th July, 1929, portions of both charts so marked being attached to this treaty and made a part thereof. It is agreed that if more accurate surveying and mapping of North Borneo, the Philippine Islands, and intervening islands shall in the future show that the line described above does not pass between Little Bakkungaan and Great Bakkungaan Islands, substantially as indicated on Chart No. 4720, the boundary line shall be understood to be defined in that area as a line passing between Little Bakkungaan and Great Bakkungaan Islands as indicated on the chart, said portion of the line being a straight line approximately 307° 40' true drawn from a point on the parallel of 6° o' north latitude to a point on the meridian of longitude of 117° 58' east of Greenwich.

It is likewise agreed that if more accurate surveying and mapping shall show that the line described above does not pass between the Mangsee Islands and Mangsee Great Reef as indicated on Chart No. 4720, the boundary shall be understood to be denned in that area as a straight line drawn from the intersection of the parallel of 7° 24' 45" north latitude and the meridian of longitude of 117° 25' 30" east of Greenwich, passing through Mangsee Channel as indicated on attached Chart No. 4720 to a point on the parallel of 7° 40' north latitude.

Article 3.

All islands to the north and east of the said line and all islands and rocks traversed by the said line, should there be any such, shall belong to the Philippine Archipelago and all islands to the south and west of the said line shall belong to the State of North Borneo.



Article 4.

The provisions of Article 19 of the Treaty4 between the United States of America, the British Empire, France, Italy and Japan limiting naval armament, signed at Washington on the 6th February, 1922, shall, so long as that Treaty remains in force, apply in respect of all islands in the Turtle and Mangsee Groups which are or may be deemed to be comprised within the territories of the Philippine Archipelago on the one hand and of the State of North Borneo on the other hand in consequence of the establishment of the line fixed by the preceding articles of the present Convention. In the event of either High Contracting Party ceding, selling, leasing or transferring any of the islands in question to a third party provision shall be made for the continued application to such island of the aforementioned Article 19 of the Treaty between the United States of America, the British Empire, France, Italy and Japan limiting naval armament, signed at Washington on the 6th February, 1922, provided that Treaty is still in force at the time of such cession, sale, lease or transfer.

Article 5.

The present Convention shall be ratified by His Britannic Majesty and by the President of the United States of America, by and with the advice and consent of the Senate thereof, and shall come into force on the exchange of the acts of ratification which shall take place at Washington as soon as possible.

In witness whereof the respective Plenipotentiaries have signed the same and have affixed thereto their respective seals. Done in duplicate at Washington the second day of January in the year of our Lord one thousand nine hundred and thirty.

(Seal) Esme HOWARD. (Seal) Henry L. STIMSON.

EXCHANGE OF NOTES

I.

SIR ESME HOWARD to MR. STIMSON.

WASHINGTON, January 2, 1930.

SIR,

By the convention concluded between the President of the United States of America and His Britannic Majesty for the purpose of delimiting the boundary between the Philippine Archipelago on the one hand and the State of North Borneo which is under British protection on the other hand, the sovereignty over certain islands which have for many years past been administered by the British North Borneo Company has been definitely recognised as pertaining to the United States of America. These islands which formed the subject of the arrangement effected by an exchange of notes between His Majesty's Government and the United States Government on the 3rd and 10th July, 1907, are :

(1) Sibaung, Boaan, Lihiman, Langaan, Great Bakkungaan, Taganak, and Baguan in the group of islands known as the Turtle Islands.

(2) The Mangsee Islands.

His Majesty's Government in the United Kingdom understand that the Government of the United States of America are prepared to conclude an arrangement ir. regard to these islands, supplementary to the above-mentioned convention, in the following terms :

Firstly. — That the said company be left undisturbed in the administration of the islands in question unless or

4 Vol. XXV, page 201, de ce recueil.



until the United States Government give notice to His Majesty's Government of their desire that the administration of the islands should be transferred to them. The transfer of administration shall be effected within one year after such notice is given on a day and in a manner to be mutually arranged.

Secondly. — That when the administration of any island is transferred in accordance with the foregoing the said Company will deliver to the United States Government all records relating to administration prior to the date of transfer.

Thirdly. — The United States of America shall not be responsible for the value of any buildings which have been or may be erected or other permanent improvements which have been or may be made in any island the administration of which is subject to transfer but any buildings or improvements erected or made by the administrative authorities prior to the transfer of administration may be removed provided the interests of the United States of America are not thereby injured. In the event, however, of the Island of Taganak being so transferred, the United States Government will give favourable consideration to the question of the compensation to be paid to the said company in respect of the capital expenditure incurred by the company in connection with the lighthouse situated on the island, and the United States Government will provide for the future maintenance of the lighthouse.

Fourthly. — That such privilege of administration shall not carry with it territorial rights, such as those of making grants or concessions in the islands in question to extend beyond the temporary occupation of the company ; and any grant, concession, or licence made by the company shall cease upon the termination of the company's occupation.

The United States Government, however, take note of the desire of His Majesty's Government that the following titles to land in certain of the islands which were in good faith granted by the Government of North Borneo prior to the arrangement of 1907, be allowed to stand on the terms on which they were issued by that Government :

PARTICULARS.

Titles Date of Alienation Period Approximate Total Acreage Acres

Boaan Island — 26 native titles June 1, 1907 In perpetuity 146

Lihiman Island — 7 native titles June 1, 1907 In perpetuity 37 1 provisional lease, 2416 June 1, 1907 999 years 13

Total 50 Langaan Island — 4 native titles

June 1, 1907 In perpetuity 12Great Bakkungaan — 3 provisional leases September 26, 1903 999 years 118

Fifthly. — It is agreed that the United States Government shall be exempt from responsibility in respect of acts done in or from any of the islands in question the administration of which has not been transferred to the United States.

Sixthly. — The stipulations of the extradition treaties between the United States Government and His Majesty's Government shall be applicable within the limits provided for in the exchange of notes5 which took place in Washington on the 1st to 23rd September, 1913, to the islands in question and the United States Government take note of the importance which, in view of the proximity of the islands to North Borneo, the said company

5 DE MARTENS, Nouveau Recueil général de Traités, troisième série, tome VIII, page 192



attach to the establishment and maintenance of an adequate police post thereon, in the event of the administration being transferred to the United States Government.

Seventhly. — In the event of the cession, sale, lease or transfer of the islands in question to any third party, the United States Government undertake to use their good offices in commending to the favourable consideration of such third party the desires expressed by His Majesty's Government in the United Kingdom and the British North Borneo Company, as set out in the preceding articles of the present arrangement.

I have the honour under instruction from His Majesty's Principal Secretary of State for Foreign Affairs to request you to be so good as to inform me whether the United States adhere to the terms of the arrangement above described and I shall be glad to receive an assurance from you at the time that this note will be considered by the United States Government as sufficient acceptance of the above arrangement on the part of His Majesty's Government in the United Kingdom.

I have, etc.

Esme HOWARD.

II.

MR. STIMSON TO SIR ESME HOWARD.

DEPARTMENT OF STATE.

WASHINGTON, January 2, 1930.

EXCELLENCY,

In your Excellency's note of to-day's date you stated that His Majesty's Government in the United Kingdom understands that the Government of the United States of America is prepared to conclude an arrangement in the following terms regarding certain islands off the coast of Borneo which have been administered by the British North Borneo Company in accordance with the arrangement effected by an exchange of notes between His Majesty's Government and the Government of the United States of America on the 3rd and 10th July, 1907 :

Firstly. — That the said company be left undisturbed in the administration of the islands in question unless or until the United States Government give notice to His Majesty's Government of its desire that the administration of the islands should be transferred to it. The transfer of administration shall be effected within one year after such notice is given on a day and in a manner to be mutually arranged.

Secondly. — That when the administration of any island is transferred in accordance with the foregoing the said Company will deliver to the United States Government all records relating to administration prior to the date of transfer.

Thirdly. — The United States of America shall not be responsible for the value of any buildings which, have been or may be erected or other permanent improvements which have been or may be made in any island the administration of which is subject to transfer but any buildings or improvements erected or made by the administrative authorities prior to the transfer of administration may be removed provided the interests of the United States of America are not thereby injured. In the event, however, of the Island of Taganak being so transferred, the United States Government will give favourable consideration to the question of the compensation to be paid to the said company in respect of the capital expenditure incurred by the company in connection with the lighthouse situated on the island, and the United States Government will provide for the future maintenance of the lighthouse.

Fourthly. — That such privilege of administration shall not carry with it territorial rights, such as those of making grants or concessions in the islands in question to extend beyond the temporary occupation of the company ; and any grant, concession, or licence made by the company shall cease upon the termination of the company's occupation.



The United States Government, however, takes note of the desire of His Majesty's Government that the following titles to land in certain of the islands which were in good faith granted by the Government of North Borneo prior to the arrangement of 1907, be allowed to stand on the terms on which they were issued by that Government :

PARTICULARS.

Titles Date of Alienation Period Approximate Total Acreage Acres

Boaan Island — 26 native titles June 1, 1907 In perpetuity 146

Lihiman Island — 7 native titles June 1, 1907 In perpetuity 37 1 provisional lease, 2416 June 1, 1907 999 years 13

Total 50 Langaan Island — 4 native titles

June 1, 1907 In perpetuity 12Great Bakkungaan — 3 provisional leases September 26, 1903 999 years 118

Fifthly. — It is agreed that the United States Government shall be exempt from responsibility in respect of acts done in or from any of the islands in question the administration of which has not been transferred to the United States.

Sixthly. — The stipulations of the extradition treaties between the United States Government and His Majesty's Government shall be applicable within the limits provided for in the exchange of notes which took place in Washington on the 1st to 23rd September, 1913, to the islands in question and the United States Government takes note of the importance which, in view of the proximity of the islands to North Borneo, the said company attaches to the establishment and maintenance of an adequate police post, thereon, in the event of the administration being transferred to the United States Government.

Seventhly. — In the event of the cession, sale, lease or transfer of the islands in question to any third party, the United States Government undertakes to use its good offices in commending to the favourable consideration of such third party the desires expressed by His Majesty's Government in the United Kingdom and the British North Borneo Company, as set out in the preceding articles of the present arrangement.

In reply to the enquiry made on behalf of your Excellency's Government in the last paragraph of your note of to-day's date, I take pleasure in informing you that the Government of the United States of America adheres to the terms of the arrangement above described, and in assuring you that your note under acknowledgment is considered by the Government of the United States of America as sufficient acceptance of the arrangement on the part of His Majesty's Government in the United Kingdom.

Accept, etc.

Henry L. STIMSON.

III.

SIR K. LINDSAV TO MK. STIMSON.

WASHINGTON, July 6, 1932.



Sir,

In the notes exchanged between the United States Government and His Majesty's Government in the United Kingdom on the 2nd January, 1930, constituting an arrangement regarding certain islands off the coast of Borneo which have been administered by the British North Borneo Company in accordance with the arrangement effected by an exchange of notes between His Majesty's Government and the Government of the United States of America on the 3rd July and the 10th July, 1907, the United States Government took note of the desire of His Majesty's Government that certain titles to land in certain of the islands which were in good faith granted by the Government of North Borneo prior to the arrangement of 1907 be allowed to stand on the terms on which they were issued by that Government.

2. His Majesty's Government regret that the following title was inadvertently omitted from those included in the above arrangement :

Lihiman Island Date of Alienation Period Area Provisional Lease No. 2417 I. VI. 1907 999 years 13 acres

0 roods 24 perches

3. I have the honour, under instructions from His Majesty's Principal Secretary of State for Foreign Affairs, to request you to be so good as to inform me whether the United States Government will agree to regard this title as included in those mentioned in the arrangement concluded on the 2nd January, 1930.

4. Should your Government agree to this extension of the above-mentioned arrangement, I should be glad to receive from you an assurance that this note will be considered by the United States Government as a sufficient confirmation thereof on the part of His Majesty's Government in the United Kingdom.

I have, etc.

R. C. LINHSAY.

IV.

MR. STIMSON TO SIR R. LINDSAY.



EXCELLENCY,

I have the honour to acknowledge the receipt of your Excellency's note of this day's date in which your Excellency refers to the fact that in the notes exchanged between the Government of the United States of America and His Majesty's Government in the United Kingdom on the 2nd January, 1930, constituting an arrangement regarding certain islands off the coast of Borneo which have been administered by the British North Borneo Company in accordance with the arrangement effected by an exchange of notes between His Majesty's Government and the Government of the United States on the 3rd July and the loth July, 1907, the Government of the United States took note of the desire of His Majesty's Government that certain titles to land in certain of the islands which were in good faith granted by the Government of North Borneo prior to the arrangement of 1907 be allowed to stand on the terms on which they were issued by that Government. In relation to this matter, your Excellency states that His Majesty's Government regrets that the following title was inadvertently omitted from the list of land titles included in the above arrangement :

Lihiman Island Date of Alienation Period Area Provisional Lease No. 2417 I. VI. 1907 999 years 13 acres

0 roods 24 perches



Under instructions from His Majesty's Principal Secretary of State for Foreign Affairs, your Excellency requests that I be so good as to inform you whether the Government of the United States will agree to regard this title as included in those mentioned in the arrangement concluded on the 2nd January, 1930.

In reply, I am pleased to inform your Excellency that the Government of the United States agrees to the extension of the arrangement of the 2nd January, 1930, to include the above-mentioned title, and I take pleasure also in assuring your Excellency that your note under acknowledgment is considered by the Government of the United States as a"sufficient confirmation on the part of His Majesty's Government in the United Kingdom of the aforesaid extension.

Accept, etc.

For the Secretary of State : W. R. CASTLE, Jr.

APPENDIX

EXCHANGE OF NOTES CONCERNING THE ADMINISTRATION AND LEASE OF CERTAIN SMALL ISLANDS ON THE NORTH BORNEAN COAST BY THE BRITISH NORTH BORNEO COMPANY, SIGNED AT INTERVALE, N. H., JULY 3, 1907, AND AT WASHINGTON, JULY 10, 1907.

MR. BRYCE TO MR. ELIHU ROOT.

BRITISH EMBASSY.

INTERVALE, N. H., July 3, 1907.

Sir,

I have the honour to inform you that His Majesty's Government, acting at the request and on behalf of the British North Borneo Company, are prepared to acquiesce in the last proposal stated in your letter to Sir H. M. Durand of the 19th December last, respecting the administration of certain islands on the east coast of Borneo. I am therefore instructed by His Majesty's Principal Secretary of State for Foreign Affairs to place the proposed arrangement formally on record without further delay.

His Majesty's Government understands the terms of the arrangement to be as follows :

Firstly. — That the said company be left undisturbed in the administration of the islands in question without any agreement specifying details, the United States Government simply waiving in favour of the said company the right to such administration in the meantime ; in other words, that the existing status be continued indefinitely at the pleasure of the two Governments concerned.

Secondly. — That such privilege of administration shall not carry with it territorial rights, such as those of making grants or concessions in the islands in question to extend beyond the temporary occupation of the company ; and any grant, concession, or licence made by the company shall cease upon the termination of the company's occupation.

Thirdly, — That the temporary waiver of the right of administration on the part of the United States Government shall cover all the islands to the westward and south- westward of the line traced on the map which accompanied Sir H. M. Durand's memorandum of the 23rd June, 1906, and which is annexed to and to be deemed to form part of this note.

Fourthly. — That the British North Borneo Company, through His Majesty's Government, shall agree to the exception of the United States Government from any claim of allegation that the latter Government has incurred any responsibility in respect of acts done in or from any island within the said line.

Fifthly. -— That the understanding shall continue until the said two Governments may by treaty delimit the



boundary between their respective domains in that quarter or until the expiry of one year from the date when notice of termination be given by either to the other.

Sixthly. — That in case of denunciation, the United States Government shall not be responsible for the value of any buildings or other permanent improvements which may have been erected or made by the company upon the islands, but permission is hereby given to the company to remove, at its own expense, any buildings or improvements erected by it, provided the interests of the United States be not injured thereby.

I have, therefore, the honour to request you to be so good as to inform me whether the United States adhere to the terms of the arrangement above described, and I shall be glad to receive an assurance from you at the same time that this note will be considered by the United States Government as sufficient ratification of the above arrangement on the part of His Majesty's Government.

James BRYCE.

MR. ELIHU ROOT TO MR. BRYCE.



EXCELLENCY,

I have the honour to acknowledge the receipt of your note of the 3rd instant, by which you inform me that His Majesty's Government acting at the request and on behalf of the British North Borneo Company, are prepared to acquiesce in the last proposal stated in the letter of the 19th December, 1906, from the Secretary of State to Sir H. M. Durand, respecting the administration of certain islands on the east coast of Borneo, and that you are therefore instructed by His Majesty's Principal Secretary of State for Foreign Affairs to place the proposed arrangement formally on record without further delay.

The understanding of His Majesty's Government of the terms of the arrangement is stated by you to be as follows :

(Firstly to Sixthly, inclusive —- as in the British Note)

The understanding of His Majestys Government as above recited agreeing with that of the United States, I have the honour formally to announce the adherence of the United States to the arrangement and the acceptance of your note as sufficient ratification of the arrangement on the part of His Majesty's Government.

I have, etc.

Robert BACON, Acting Secretary.



Annex DRepublic Act 3046

For a copy of the original text, see http://www.lawphil.net/statutes/repacts/ra1961/ra_3046_1961.html

AN ACT DEFINE THE BASELINES OF THE TERRITORIAL SEA OF THE PHILIPPINES.

WHEREAS, the Constitution of the Philippines describes the national territory as comprising all the territory ceded to the United States by the Treaty of Paris concluded between the United States and Spain on December 10, 1898, the limits of which are set forth in Article III of said treaty, together with all the islands embraced in the treaty concluded at Washington, between the United States and Spain on November 7, 1900, and in the treaty concluded between the United States and Great Britain on January 2, 1930, and all the territory over which the Government of the Philippine Islands exercised jurisdiction at the time of the adoption of the Constitution;

WHEREAS, all the waters within the limits set forth in the above-mentioned treaties have always been regarded as part of the territory of the Philippine Islands;

WHEREAS, all the waters around, between and connecting the various islands of the Philippines archipelago, irrespective of their width or dimension, have always been considered as necessary appurtenances of the land territory, forming part of the inland or internal waters of the Philippines;

WHEREAS, all the waters beyond the outermost islands of the archipelago but within the limits of the boundaries set forth in the aforementioned treaties comprise the territorial sea of the Philippines;

WHEREAS, the baselines from which the territorial sea of the Philippines is determined consist of straight lines joining appropriate points of the outermost islands of the archipelago; and

WHEREAS, the said baselines should be clarified and specifically defined and described for the information of all concerned; Now, therefor,

Section 1. The baselines for the territorial sea of the Philippines are hereby defined and described specifically as follows:

N. Latitude E. Longitude Asimuth Distance in Meters

Y'ami Island (E)Line 1 (Yami I. (E.) — Tumaruk Rk.)

21º07'03" 121º57'24" 353º27' 71,656

Tumaruk Rk.Line 2 (Tumaruk Rk. — Balintang Is.)

20º28'28" 122º02'06" 347º13' 58,105

Balintang IslandLine 3 (Balingtang Is.— Didicas Rk.)

19º57'45" 122º09'28" 375º05' 97,755

Didicas Rk.Line 4 (Didicas Rk. - Iligan Pt.)

19º04'50" 122º12'18" 350º39' 86,155

Iligan Pt.Line 5 (Iligan Pt. - Ditolong Pt.)

18º18'45" 122º20'15" 351º23' 136,030

Ditolong Pt.Line 6 (Ditolong Pt. - Diviuisa Pt.)

17º05'50" 122º31'44" 16º56' 34,378

Diviuisa Pt.Line 7 (Diviuisa Pt. - Dijohan Pt.)

16º48'00" 122º26'06" 21º01' 57,781



Dijohan Pt.Line 7a (Dijohan Pt. - Bulubalik Pt.)

16º18'45" 122º14'28" 10º52' 142,360

Bulubalik Pt.Line 8 (Bulubalik Pt. - Tinaga I.)

15º02'56" 121º59'30" 300º15' 120,986

Tinaga I.Line 9 (Tinaga I. - Horadaba Rks.)

14º29'45" 122º57'40" 286º27' 148,690

Horadaba Rks.Line 10 (Horadaba Rks. — Matulin Rk.)

14º06'41" 124º16'54" 306º34' 1,083

Matulin Rk.Line 11 (Matulin Rk. - Atalaya Pt.)

14º06'20" 124º17'23" 331º46' 178,480

Atalaya Pt.Line 11a (Atalaya Pt. - Finch Rk.)

12º40'59" 125º04'02" 313º30' 22,268

Finch Rk.Line 12 (Finch Rk. - SE of Manjud Pt.)

12º32'40" 125º12'57" 313º56' 12,665

SE Manjud pt.Line 12a (SE of Manjud Pt. - Sora Cay)

12º27'54" 125º17'59" 322º27' 14,225

Sora CayLine 13 (Sora Cay - Bunga Pt.)

12º21'47" 125º22'46" 321º03' 22,793

Bunga Pt.Line 13a (Bunga Pt. - Tubabao I.)

12º12'10" 125º30'40" 331º50' 12,686

Tubabao I.Line 14 (Tubabao I. - Tugnug Pt.)

23º06'06" 125º33'58" 355º22' 83,235

Tugnug Pt.Line 15 (Tugnug Pt. - Suluan I.)

11º21'06" 125º37'40" 331º03' 75,326

Suluan IslandLine 16 (Suluan I. - Tuason Pt.)

10º45'20" 125º57'40" 347º51' 107,070

Tuason Pt.Line 17 (Tuason Pt. - Cauit Pt.)

9º48'33" 126º10'00" 355º25' 55,415

Cauit Pt.Line 18 (Cauit Pt. Arangasa Is.)

9º18'35" 126º12'25" 342º44' 49,703

Arangasa Is.Line 19 Arangasa Is. - Quinablangan I.)

8º52'50" 126º20'28" 348º40' 131,330

Quinablangan I.Line 19a (Quinablangan I. - Above Languyan R.)

7º42'58" 126º34'30" 353º08' 25,619

Above Languyan R.Line 20 (Above Languyan R. — Pusan Pt.)

7º29'10" 126º36'10" 356º52' 22,489

Pusan Pt.Line 21 (Pusan Pt. - Tuguban Pt.)

7º16'59" 126º36'50" 26º39' 36,259

Tuguban Pt.Line 22 (Tuguban Pt. - Cape S. Agustin N.)

6º59'24" 126º28'00" 20º33' 83,350



Cape San Agustin (N)Line 22a (Cape S. Agustin (N) — Cape San Agustin (S)

6º17'03" 126º12'08" 30º16' 1,707

Cape San Agustin (S)Line 23 (Cape S. Agustin (S) — Panguil Bato Pt.)

6º16'15" 126º11'40" 39º23' 125,100

Panguil Bato Pt.Line 23a (Panguil Bato Pt. - Tapundo Pt.)

5º23'45" 125º28'42" 66º32' 7,484

Tapudo Pt.Line 24 (Tapundo Pt. - Manamil I.)

5º22'08" 125º24'59" 89º19' 7,667

Manamil I.Line 24a (Manamil I. - Balut I. (W)

5º22'05" 125º20'50" 139º01' 3,051

Balut I. (W)Line 25 (Balut I. (W) - Middle of 3 Rk. Awash)

5º23'20" 125º19'45" 124º47' 149,840

Middle of 3 Rk. AwashLine 26 (Middle of 3 Rk. Awash — Tongquil I.)

6º09'39" 124º13'02" 86º18' 259,400

Tongquil I.Line 27 (Tongquil I. - Sumbasumba I.)

6º00'15" 121º52'45" 61º29' 115,950

Sumbasumba I.Line 28 (Sumbasumba I. - Kinapusan Is.)

5º30'10" 120º57'35" 43º19' 44,445

Kinapusan Is.Line 29 (Kinapusan Is. - Manuk Manka I.)

5º12'37" 120º41'05" 63º14' 101,290

Manuk Manka I.Line 30 (Manuk Manka I. - Frances Reef)

4º47'50" 119º52'10" 58º30' 80,847

Frances ReefLine 31 (Frances Reef - Bajapa Reef)

4º24'54" 119º14'54" 134º34' 29,330

Bajapa ReefLine 32 (Bajapa Reef) - Panguan I.)

4º36'04" 119º03'36" 164º05' 13,480

Panguan I.Line 33 (Panguan I. - Omapoy I.)

4º43'06" 119º01'36" 238º48' 42,470

Omapoy I.Line 34 (Omapoy I. - Sanga-Sanga I.)

4º55'02" 119º21'15" 246º11' 51,005

Sanga-Sanga I.Line 35 (Sanga-Sanga I. - Pearl Bank)

5º06'12" 119º46'30" 170º05' 80,200

Pearl BankLine 36 (Pearl Bank - Baguan I.)

5º49'04" 119º39'01" 103º13' 137,050

Baguan ILine 36a (Banguan I. - Taganak I.)

6º06'00" 118º26'42" 76º52' 15,535

Taganak I.Line 37 (Taganak I. - Gt. Bakkungaan O

6º04'05" 118º18'30" 118º39' 24,805

Gt. Bakkungaan 6º10'32" 118º06'42" 136º04' 18,470



Line 37a (Gt. Bakkungaan - Sibaung I.)

Sibaung I.Line 38 (Sibaung - I. Muligi I.

6º17'45" 117º59'45" 215º36' 79,915

Mulugi I.Line 39 (Mulugi I. - Mangsee Is.)

6º53'00" 118º25'00" 119º14' 140,541

Mangsee Is.Line 39a (Mangsee Is. - Cape Melville)

7º30'10" 117º18'20" 134º50 48,815

Cape MelvilleLine 40 (Cape Melville - Ligas Pt.)

7º48'50" 116º59'30" 153º54' 15,665

Ligas Pt.Line 41 (Ligas Pt. - Cay)

7º56'28" 116º55'45" 170º40' 5,666

CayLine 41a (Cay-Secam I.)

7º59'30" 116º55'15" 204º52' 22,925

Secam I.Line 42 (Secam I. - N. of Canipan Bay)

8º10'47" 117º00'30" 209º09' 54,900

N. of Canipan BayLine 43 (N. of Canipan Bay — Tatub Pt.)

8º36'50" 117º15'06" 218º57' 18,570

Tatub Pt.Line 44 (Tatub Pt. - Punta Baja)

8º44'40" 117º21'28" 222º04' 45,125

Punta BajaLine 45 (Punta Baja - Malapackun I.)

9º02'50" 117º37'58" 223º30' 32,194

Malapackun I.Line 46 (Malapackun I. - Piedras Pt.)

9º15'30" 117º50'04" 225º50' 148,260

Piedras Pt.Line 47 (Piedras Pt. - Tapuitan I.)

10º11'28" 118º48'18" 203º19' 124,900

Tapuitan I.Line 48 (Tapuitan I. - Pinnacle Rk.)

11º13'40" 119º15'28" 208º47' 136,590

Pincle Rk.Line 49 (Pinnacle Rk. - Cape Calavite

12º18'34" 119º51'45" 200º40' 134,230

Cape CalaviteLine 50 (Cape Calavite - Cabra I.)

13º26'40" 120º18'00" 148º12' 58,235

Cabra I.Line 51 (Cabra I. - Capones Is.)

13º53'30" 120º00'58" 179º26' 113,400

Capones Is.Line 52 (Capones Is. - Pa-Lauig Pt.)

14º55'00" 120º00'20" 168º09' 58,100

Palauig Pt.Line 53 (Palauig. - Hermana Mayor I.)

15º25'50" 119º53'40" 164º17' 40,870

Hermana Mayor I.Line 53a (Hermana Mayor — Tambobo Pt.)

15º47'10" 119º47'28" 167º10' 20,490

Tambobo Pt. 15º58'00" 119º44'55" 181º43' 22,910



Line 54 (Tambobo Pt. - Rena Pt.)

Rena Pt.Line 54a (Rena Pt. - Cape Bolinao

16º10'25" 119º45'18" 191º39' 18,675

Cape BolinaoLine 55 (Cape Bolinao - Darigayos Pt.)

16º20'20" 119º47'25" 226º20' 80,016

Darigayos Pt.Line 56 (Darigayos Pt. - Dile Pt.)

16º50'15" 120º20'00" 179º58' 81,616

Dile Pt.Line 56a (Disle Pt. - Pinget I.)

17º34'30" 120º19'58" 188º27' 12,060

Pinget I.Line 56b (Pinget I. - Badoc I.)

17º40'58" 120º20'58" 192º46' 27,170

Badoc I.Line 57 (Badoc I. - Cape Bojeador)

17º55'20" 120º24'22" 195º03' 65,270

Cape BojeadorLine 58 (Cape Bojeador - Dalupiri I.)

18º29'30" 120º34'00" 222º16' 101,740

Dalupiri I.Line 59 (Dalupiri I. - Catanapan Pt.)

19º10'15" 121º13'02" 213º29' 25,075

Catanapan Pt.Line 60 (Catanapan Pt. - Dequey I.)

19º21'35" 121º20'56" 202º27' 116,870

Dequey I.Line 61 (Dequey I. - Raile)

29º20'06" 121º46'35" 180º47' 42,255

RaileLine 62 (Raile - Y'ami I. (W)

20º43'00" 121º46'55" 200º30' 48,140

Y'ami I.(W)Line 63 (Y'ami I. (W) - Y'ami I. (M)

21º07'26" 121º56'39" 238º40' 237

Y'ami I. (M)Line 64 (Y'ami I.(M) - Y'ami I. (E)

21º07'30" 121º56'46" 307º08' 1,376

Y'ami I. (E) 21º07'03" 121º57'24"

Section 2. All waters within the baselines provided for in Section one hereof are considered inland or internal waters of the Philippines.

Section 3. This Act shall take effect upon its approval.

Approved: June 17, 1961.



Annex ERepublic Act 5446


AN ACT TO AMEND SECTION ONE OF REPUBLIC ACT NUMBERED THIRTY HUNDRED AND FORTY-SIX, ENTITLED "AN ACT TO DEFINE THE BASELINES OF THE TERRITORIAL SEA OF THE PHILIPPINES"

Section 1. To correct typographical errors, Section one of Republic Act numbered thirty hundred and forty-six is amended to read as follows:

"SECTION 1. The baselines for the territorial sea of the Philippines are hereby defined and described specifically as follows:

N. Latitude E. Longitude Azimuth Distance (In Meters)

Y’ami Island (E) 21º07’03" 121º57’24" Line 1 (Y’ami I. (E.) - Tumaruk Rk.) 353º27’ 71,656Tumaruk Rk. 20º28’28" 122º02’06" Line 2 (Tumaruk Rk. - Balintang Is.) 347º13’ 58,105Balintang Islands 19º57’45" 122º09’28" Line 3 (Balintang Is. - Didicas Rk.) 357º05’ 97,755Didicas Rk. 19º04’50" 122º12’18" Line 4 (Didicas Rk. - Iligan Pt.) 350º39’ 86,155Iligan Pt. 18º18’45" 122º20’15" Line 5 (Iligan Pt. - Ditolong Pt.) 351º23’ 136,030Ditolong Pt. 17º05’50" 122º31’44" Line 6 (Ditolong Pt. - Diviuisa Pt.) 16º56’ 34,375Diviuisa Pt. 16º48’00" 122º26’06" Line 7 (Diviuisa Pt. - Dijohan Pt.) 21º01’ 57,781Dijohan Pt. 16º18’45" 122º14’28" Line 7a (Dijohan Pt. - Bulubalik Pt.) 10º52’ 142,360Bulubalik Pt. 15º02’56" 121º59’30" Line 8 (Bulubalik Pt. - Tinaga I.) 300º15’ 120,980Tinaga I. 14º29’45" 122º57’40" Line 9 (Tinaga I. - Horadaba Rks.) 286º27’ 148,690Horadaba Rks. 14º06’41" 124º16’54" Line 10 (Horadaba Rks. - Matulin Rk.) 306º34’ 1,083Matulin Rk. 14º06’20" 124º17’23" Line 11 (Matulin Rk. - Atalaya Pt.) 331º46’ 178,480Atalaya Pt. 12º40’59" 125º04’02" Line 11a (Atalaya Pt. - Finch Rk.) 313º30’ 22,263Finch Rk. 12º32’40" 125º12’57" Line 12 (Finch Rk. - SE of Manjud Pt.) 313º56’ 12,663SE Manjud Pt. 12º27’54" 125º17’59"



Line 12a (SE of Manjud Pt. - Sora Cay) 322º27’ 14,225Sora Cay 12º21’47" 125º22’46" Line 13 (Sora Cay - Bunga Pt.) 321º03’ 22,761Bunga Pt. 12º12’10" 125º30’40" Line 13a (Bunga Pt. - Tubabao I.) 331º50’ 12,646Tubabao I. 12º06’06" 125º33’58" Line 14 (Tubabao I. - Tugnug Pt.) 355º22’ 83,225Tugnug Pt. 11º12’06" 125º37’40" Line 15 (Tugnug Pt. - Suluan I.) 331º03’ 75,326Suluan Island 10º45’20" 125º37’40" Line 16 (Suluan I. - Tuason Pt.) 347º51’ 107,070Tuason Pt. 9º48’33" 126º10’00" Line 17 (Tuason Pt. - Cauit Pt.) 355º25’ 55,415Cauit Pt. 9º18’35" 126º12’25" Line 18 (Cauit Pt. Arangasa Is.) 342º44’ 49,703Arangasa Is. 8º52’50" 126º20’28" Line 19 (Arangasa Is. - Quinablangan I.) 348º40’ 131,330Quinablangan I. 7º42’58" 126º34’30" Line 19a (Quinablangan I - Above Languyan R.) 353º08’ 25,619Above Languyan R. 7º29’10" 126º36’10" Line 20 (Above Languyan R. - Pusan Pt.) 356º52’ 22,489Pusan Pt. 7º16’59" 126º36’50" Line 21 (Pusan Pt. - Tugubun Pt.) 26º39’ 36,259Tugubun Pt. 6º59’24" 126º28’00" Line 22 (Tugubun Pt. - Cape S. Agustin N.) 20º33’ 83,350Cape San Agustin (N) 6º17’03" 126º12’08" Line 22a (Cape S. Agustin (N) - Cape San Agustin (S) 30º16’ 1,707Cape San Agustin (S) 6º16’15" 126º11’40" Line 23 (Cape S. Agustin (S) - Panguil Bato Pt.) 39º23’ 125,100Panguil Bato Pt. 5º23’45" 125º28’42" Line 23a (Panguil Bato Pt. - Tapundo Pt.) 66º32’ 7,484Tapundo Pt. 5º22’08" 125º24’59" Line 24 (Tapundo Pt. - Manamil I.) 89º19’ 7,667Manamil I. 5º22’05" 125º20’50" Line 24a (Manamil I. - Balut I. (W) 139º01’ 3,051Balut I. (W) 5º23’20" 125º19’45" Line 25 (Balut I. (W) - Middle of 3 Rk. Awash) 124º47’ 149,840Middle of 3 Rk. Awash 6º09’39" 124º13’02" Line 26 (Middle of 3 Rk. Awash - Tongquil I.) 86º18’ 259,400Tongquil I. 6º00’15" 121º52’45" Line 27 (Tongquil I. - Sumbasumba I.) 61º29’ 115,950Sumbasumba I. 5º30’10" 120º57’35" Line 28 (Sumbasumba I. - Kinapusan Is.) 43º19’ 44,445Kinapusan Is. 5º12’37" 120º41’05"



Line 29 (Kinapusan Is. - Manuk Manka I.) 63º14’ 101,290Manuk Manka I. 4º47’50" 119º52’10" Line 30 (Manuk Manka I. - Frances Reef) 58º30’ 80,847Frances Reef 4º24’54" 119º14’54" Line 31 (Frances Reef - Bajapa Reef) 134º34’ 29,330Bajapa Reef 4º36’04" 119º03’36" Line 32 (Bajapa Reef - Panguan I.) 164º05’ 13,480Panguan I. 4º43’06" 119º01’36" Line 33 (Panguan I. - Omapoy I.) 238º48’ 42,470Omapoy I. 4º55’02" 119º21’15" Line 34 (Omapoy I. - Sanga-Sanga I.) 246º11’ 51,003Sanga-Sanga I. 5º06’12" 119º46’30" Line 35 (Sanga-Sanga I. - Pearl Bank) 170º05’ 80,200Pearl Bank 5º49’04" 119º39’01" Line 36 (Pearl Bank - Baguan I.) 103º13’ 137,050Baguan I. 6º06’00" 118º26’42" Line 36a (Baguan I. - Taganak I.) 76º52’ 15,535Taganak I. 6º04’05" 118º18’30" Line 37 (Taganak I. - Gt. Bakkungaan) 118º39’ 24,805Gt. Bakkungaan 6º10’32" 118º06’42" Line 37a (Gt. Bakkungaan-Sibaung I.) 136º04’ 18,470Sibaung I. 6º17’45" 117º59’45" Line 38 (Sibaung - I. Muligi I.) 215º36’ 79,915Muligi I. 6º53’00" 118º25’00" Line 39 (Muligi I. - Mangsee Is.) 119º14’ 140,541Mangsee Is. 7º30’10" 117º18’20" Line 39a (Mangsee Is. - Cape Melville) 134º50’ 48,815Cape Melville 7º48’50" 116º59’30" Line 40 (Cape Melville - Ligas Pt.) 153º54’ 15,665Ligas Pt. 7º56’28" 116º55’45" Line 41 (Ligas Pt. - Cay) 170º40’ 5,666Cay 7º59’30" 116º55’15" Line 41a (Cay-Secam I.) 204º52’ 22,925Secam I. 8º10’47" 117º00’30" Line 42 (Secam I. - N. of Canipan Bay) 209º09’ 54,990N. of Canipan Bay 8º36’50" 117º15’06" Line 43 (N. of Canipan Bay-Tatub Pt.) 218º57’ 18,570Tatub Pt. 8º44’40" 117º21’28" Line 44 (Tatub Pt. - Punta Baja) 222º04’ 45,125Punta Baja 9º02’50" 117º37’58" Line 45 (Punta Baja - Malapackun I.) 223º30’ 32,195Malapackun I. 9º15’30" 117º50’04" Line 46 (Malapackun I. - Piedras Pt.) 225º50’ 148,260Piedras Pt. 10º11’28" 118º48’18"



Line 47 (Piedras Pt. - Tapiutan I.) 203º19’ 124,900Tapiutan I. 11º13’40" 119º15’28" Line 48 (Tapiutan I. - Pinnacle Rk.) 208º47’ 136,590Pinnacle Rk. 12º18’34" 119º51’45" Line 49 (Pinnacle Rk. - Cape Calavite) 200º40’ 134,230Cape Calavite 13º26’40" 120º18’00" Line 50 (Cape Calavite-Cabra I.) 148º12’ 58,235Cabra I. 13º53’30" 120º00’58" Line 51 (Cabra I. - Capones Is.) 179º26’ 113,400Capones Is. 14º55’00" 120º00’20" Line 52 (Capones Is. - Palauig Pt.) 168º09’ 58,100Palauig Pt. 15º25’50" 119º53’40" Line 53 (Palauig. - Hermana Mayor I.) 164º17’ 40,870Hermana Mayor I. 15º47’10" 119º47’28" Line 53a (Hermana Mayor I. - Tambobo Pt.) 167º10’ 20,490Tambobo Pt. 15º58’00" 119º44’55" Line 54 (Tambobo Pt. - Rena Pt.) 181º43’ 22,910Rena Pt. 16º10’25" 119º45’18" Line 54a (Rena Pt. - Cape Bolinao) 191º39’ 18,675Cape Bolinao 16º20’20" 119º47’25" Line 55 (Cape Bolinao - Darigayos Pt.) 226º20’ 80,016Darigayos Pt. 16º50’15" 120º20’00" Line 56 (Darigayos Pt. - Dile Pt.) 179º58’ 81,616Dile Pt. 17º34’30" 120º19’58" Line 56a (Dile Pt. - Pinget I.) 188º27’ 12,060Pinget I. 17º40’58" 120º20’58" Line 56b (Pinget I. - Badoc I.) 192º46’ 27,170Badoc I. 17º55’20" 120º24’22" Line 57 (Badoc I. - Cape Bojeador) 195º03’ 65,270Cape Bojeador 18º29’30" 120º34’00" Line 58 (Cape Bojeador - Dalupiri I.) 222º16’ 101,740Dalupiri I. 19º10’15" 121º13’02" Line 59 (Dalupiri I. - Catanapan Pt.) 213º29’ 25,075Catanapan Pt. 19º21’35" 121º20’56" Line 60 (Catanapan Pt. - Dequey I.) 202º27’ 116,870Dequey I. 20º20’06" 121º46’35" Line 61 (Dequey I. - Raile) 180º47’ 42,255Raile 20º43’00" 121º46’55" Line 62 (Raile - Y’ami I. (W) 200º30’ 48,140Y’ami I. (W) 21º07’26" 121º56’39" Line 63 (Y’ami I. (W) - Y’ami I. (M) 238º40’ 237Y’ami I. (M) 21º07’30" 121º56’46" Line 64 (Y’ami I. (M) - Y’ami I. (E) 307º08’ 1,376Y’ami I. (E) 21º07’03" 121º57’24"



Section 2. The definition of the baselines of the territorial sea of the Philippine Archipelago as provided in this Act is without prejudice to the 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.

Section 3. This Act shall take effect upon its approval.

Approved: September 18, 1968



Annex FRepublic Act 5446


AN ACT TO AMEND CERTAIN PROVISIONS OF REPUBLIC ACT NO. 3046, AS AMENDED BY REPUBLIC ACT NO. 5446, TO DEFINE THE ARCHIPELAGIC BASELINE OF THE PHILIPPINES AND FOR OTHER PURPOSES

Section 1. Section 1 of Republic Act No. 3046, entitled "An Act to Define the Baselines of the Territorial Sea of the Philippines", as amended by Section 1 of Republic Act No. 5446, is hereby amended to read as follows:

Section 1. The baselines of the Philippines archipelago are hereby defined and described specifically as follows:

Basepoint Number

Station Name Location World Geodetic System of 1984(WGS 84) Coordinates

Distance to next

basepoint (M)

Latitude (N) Longitude (E)

1 PAB-01 Amianan Is. 21º6’57.73" 121º57’27.71" 70.08

2 PAB-02 Balintang Is. 19º57’38.19" 122º9’46.32" 99.17

3 PAB-04 Bigan Pt. 18º18’35.30" 122º20’19.07" 71.83

4 PAB-05A Ditolong Pt. 17º7’16.30" 122º31’28.34" 1.05

5 PAB-05B Ditolong Pt. 17º6’14.79" 122º31’43.84" 0.39

6 PAB-05 Ditolong Pt. 17º5’51.31" 122º31’42.66" 3.29

7 PAB-06 Spires Is. 17º2’36.91" 122º31’3.28" 9.74

8 PAB-06B Digollorin Pt. 16º59’18.03" 122º27’56.61" 3.51

9 PAB-06C Digollorin Rk. 16º49’56.11" 122º26’50.78" 2.40

10 PAB-07 Divimisa Pt. 16º47’38.86" 122º26’4.40" 30.94

11 PAB-08 Dinoban Pt. 16º18’44.33" 122º14’06.69" 116.26

12 PAB-10A Tinaga Is. 14º29’54.43" 122º57’51.15" 80.29

13 PAB-11 Horodaba Rk. 14º6.29.91" 124º16’59.21" 0.54

14 PAB-12 Matulin Rk. 14º6.10.40" 124º17’26.28" 96.04

15 PAB-13 Atalaya Pt. 12º41’6.37" 125º3’53.71" 6.79

16 PAB-13A Bacan Is. 12º36’18.41" 125º8’50.19" 5.52

17 PAB-14 Finch Rk. 12º32.33.62" 125º12’59.70" 0.80

18 PAB-14A Cube Rk. 12º31.57.45" 125º13’32.37" 4.90

19 PAB-14D NW Manjud Pt. 12º28’36.42" 125º17’12.32" 1.30

20 PAB-15 SE Manjud Pt. 12º27’37.51" 125º18’5.23" 7.09

21 PAB-16A S Sorz Cay 12º21’41.64" 125º23’7.41" 5.68

22 PAB-16B Panablihon 12º17’27.17" 125º27’0.12" 5.21

23 PAB-16C Alugon 12º13’21.95" 125º30’19.47" 1.94

24 PAB-16D N Bunga Pt. 12º11’48.16" 125º31’30.88" 0.54

25 PAB-17 E Bunga Pt. 12º11’20.67" 125º31’48.29" 5.71



26 PAB-18A SE Tobabao Is. 12º6’7.00" 125º34’11.94" 83.94

27 PAB-19C Suluan Is. 10º45’16.70" 125º58’8.78" 56.28

28 PAB-19D N Tuason Pt. 9º49’59.58" 126º10’6.39" 57.44

29 PAB-20A Arangasa Is. 8º53’16.62" 126º20’48.81" 40.69

30 PAB-21B Sanco Pt. 8º13’11.53" 126º28’53.25" 30.80

31 PAB-22 Bagoso Is 7º42’45.02" 126º34’29.08" 12.95

32 PAB-22C Languyan 7º29’49.47" 126º35’59.24" 0.54

33 PAB-23 Languyan 7º29’16.93" 126º35’59.50" 0.76

34 PAB-23B Languyan 7º28’30.97" 126º35’57.30" 1.2

35 PAB-23C N Baculin Pt. 7º27’29.42" 126º35’51.31" 10.12

36 PAB-24 Pusan Pt. 7º17’19.80" 126º36’18.26" 1.14

37 PAB-24A S Pusan Pt. 7º16’14.43" 126º35’57.20" 63.28

38 PAB-25B Cape San Agustin 6º17’14.73" 126º12’14.40" 1.28

39 PAB-25 Cape San Agustin 6º16’8.35" 126º11’35.06" 67.65

40 PAB-26 SE Sarangani Is. 5º23’34.20" 125º28’42.11" 0.43

41 PAB-27 Pangil Bato Pt. 5º23’21.80" 125º28’19.59" 3.44

42 PAB-28 Tapundo Pt. 6º21’55.66" 126º25’11.21" 3.31

43 PAB-29 W Calia Pt. 5º21’58.48" 125º21’52.03" 0.87

44 PAB-30 Manamil Is. 5º22’2.91" 125º20’59.73" 1.79

45 PAB-31 Marampog Pt. 5º23’20.18" 125º19’44.29" 78.42

46 PAB-32 Pola Pt. 6º9’8.44" 124º15’42.81" 122.88

47 PAB-33A Kantuan Is 6º26’47.22" 122º13.34.50" 29.44

48 PAB-34A Tongguil Is. 6º2’33.77" 121º56’36.20" 2.38

49 PAB-35 Tongquil Is 6º1’8.51" 121º54’41.45" 1.72

50 PAB-35A Tongquil Is. 6º0’17.88" 121º63’11.17" 85.94

51 PAB-38A Kirapusan Is 5º12.8.70" 120º41’38.14" 55.24

52 PAB-39 Manuk Manka Is. 4º47’39.24" 119º51’58.08" 43.44

53 PAB-40 Frances Reef 4º24’53.84" 119º14’50.71 0.61

54 PAB-40A Frances Reef 4º25’3.83" 119º14’15.15" 15.48

55 PAB-41A Bajapa Reef 4º36"9.01" 119º3’22.75" 6.88

56 PAB-42A Paguan Is. 4º42’52.07" 119º1’44.04" 8.40

57 PAB-43 Alice Reef 4º45’55.25" 119º3’15.19" 2.28

58 PAB-44 Alice Reef 4º47’5.36" 119º5’12.94" 18.60

59 PAB-45 Omapoy Rk. 4º55’10.45" 119º22’1.30 23.37

60 PAB-46 Bukut Lapis Pt. 5º2’23.73" 119º44’18.14" 44.20

61 PAB-47 Pearl Bank 5º46’35.15" 119º39’51.77" 75.17

62 PAB-48 Bagnan Is. 6º5’58.41" 118º26’57.30" 8.54

63 PAB-48A Taganak Is 6º4’14.08" 118º18’33.33" 13.46

64 PAB-49 Great Bakkungaan Is. 6º11’4.65" 118º6’54.15" 3.97

65 PAB-50 Libiman Is. 6º13’39.90" 118º3’52.09" 5.53



66 PAB-51 Sibaung Is. 6º17’43.99" 118º0’5.44" 41.60

67 PAB-52 Muligi Is. 6º52’14.53" 118º23’40.49" 75.06

68 PAB-53 South Mangsee Is. 7º30’26.05" 117º18’33.75" 26.00

69 PAB-54 Balabac Is. 7º48’30.69" 116º59’39.18" 6.08

70 PAB-54A Balabac Great Reef 7º51’27.17" 116º54’17.19" 1.18

71 PAB-54B Balabac Great Reef 7º52’19.86" 116º53’28.73" 2.27

72 PAB-55 Balabac Great Reef 7º54’36.35" 116º53’16.64" 5.42

73 PAB-60 Ada Reef 8º2’0.26" 116º54’10.04" 10.85

74 PAB.61 Secam Is. 8º11’18.36" 116º59’51.87" 30.88

75 PAB-62 Latua Pt. 8º87’56.37" 117º15’51.23" 7.91

76 PAB-63 SW Tatub Pt. 8º44’17.40" 117º20’39.37" 11.89

77 PAB-63A W Sicud Pt. 8º53’32.20" 117º28’15.78" 13.20

78 PAB-64 Tarumpitao Pt. 9º2.57.47" 117º37’38.88" 81.12

79 PAB.64B Dry Is. 9º59’22.54" 118º36’53.61" 82.76

80 PAB-65C Sinangcolan Pt. 11º13’19.82" 119º15’17.74" 74.65

81 PAB-67 Pinnacle Rk. 12º19’35.22" 119º50’56.00 93.88

82 PAB-68 Cabra Is 13º53’24.45" 120º1’5.86" 115.69

83 PAB-71 Hermana Mayor Is. 15º48’43.61" 119º46’56.09" 9.30

84 PAB-72 Tambobo Pt. 15º57’61.67" 119º44’55.32" 12.06

85 PAB-72B Rena Pt. 16º9’57.90" 119º45.15.76" 0.25

86 PAB-73 Rena Pt. 16º10’12.42" 119º45’11.95" 6.43

87 PAB-74 Rocky Ledge 16º16’34.46" 119º46’19.50" 0.65

88 PAB-74A Piedra Pt. 16º37’12.70" 119º46’28.62" 1.30

89 PAB-75 Piedra Pt. 16º18’29.49" 119º46’44.94" 1.04

90 PAB-75C Piedra Pt. 16º19’28.20" 119º47’7.69" 0.63

91 PAB-75D Piedra Pt. 16º20’4.38" 119º47’20.48" 80.60

92 PAB-76 Dile Pt. 17º34’24.94" 120º20’33.36" 6.86

93 PAB-77 Pinget Is. 17º41’17.56" 120º21’2.20" 14.15

94 PAB-78 Baboc Is. 17º55’4.13" 120º24’40.56" 35.40

95 PAB-79 Cape Bojeador 18º29’32.42" 120º33’42.41" 1.77

96 PAB-79B Bobon 18º30’52.88" 120º34’55.35" 58.23

97 PAB-80 Calagangan Pt. 19º10’14.78" 121º12’52.64" 98.07

98 PAB-82 Itbayat Is. 20º43’15.74" 121º46’57.80" 25.63

99 PAB-83 Amianan Is 21º7’17.47" 121º56’43.85" 0.08

100 PAB-84 Amianan Is. 21º7’18.41" 121º56’48.79" 0.25

101 PAB-85 Amianan Is. 21º7’12.04" 121º57’3.65" 0.44

Section 2. The baseline in the following areas over which the Philippines likewise exercises sovereignty and jurisdiction shall be determined as "Regime of Islands" under the Republic of the Philippines consistent with Article 121 of the United Nations Convention on the Law of the Sea (UNCLOS):

a) The Kalayaan Island Group as constituted under Presidential Decree No. 1596; and



b) Bajo de Masinloc, also known as Scarborough Shoal.

Section 3. This Act affirms that the Republic of the Philippines has dominion, sovereignty and jurisdiction over all portions of the national territory as defined in the Constitution and by provisions of applicable laws including, without limitation, Republic Act No. 7160, otherwise known as the Local Government Code of 1991, as amended.

Section 4. This Act, together with the geographic coordinates and the chart and maps indicating the aforesaid baselines, shall be deposited and registered with the Secretary General of the United Nations.

Section 5. The National Mapping and Resource Information Authority (NAMRIA) shall forthwith produce and publish charts and maps of the appropriate scale clearly representing the delineation of basepoints and baselines as set forth in this Act.

Section 6. The amount necessary to carry out the provisions of this Act shall be provided in a supplemental budyet or included in the General Appropriations Act of the year of its enactment into law.

Section 7. If any portion or provision of this Act is declared unconstitutional or invalid the other portions or provisions hereof which are not affected thereby shall continue to be in full force and effect.

Section 8. The provisions of Republic Act No. 3046, as amended by Republic Act No. 5446, and all other laws, decrees, executive orders, rules and issuances inconsistent with this Act are hereby amended or modified accordingly.

Section 9. This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in any two (2) newspaper of general circulation.

Approved, 10 March 2009.



Annex GPresidential Decree 1596

For a copy of the original text, see http://www.chanrobles.com/presidentialdecrees/presidentialdecreeno1596.html

DECLARING CERTAIN AREA PART OF THE PHILIPPINE TERRITORY AND PROVIDING FOR THEIR GOVERNMENT AND ADMINISTRATION WHEREAS, by reason of their proximity the cluster of islands and islets in the South China Sea situated within the following:

KALAYAAN ISLAND GROUP

From a point [on the Philippine Treaty Limits] at latitude 7º40' North and longitude 116º00 East of Greenwich, thence due West along the parallel of 7º40' N to its intersection with the meridian of longitude 112º10' E, thence due north along the meridian of 112º10' E to its intersection with the parallel of 9º00' N, thence northeastward to the intersection of parallel of 12º00' N with the meridian of longitude 114º30' E, thence, due East along the parallel of 12º00' N to its intersection with the meridian of 118º00' E, thence, due South along the meridian of longitude 118º00' E to its intersection with the parallel of 10º00' N, thence Southwestwards to the point of beginning at 7º40' N, latitude and 116º00' E longitude.

are vital to the security and economic survival of the Philippines;

WHEREAS, much of the above area is part of the continental margin of the Philippine archipelago;

WHEREAS, these areas do not legally belong to any state or nation but, by reason of history, indispensable need, and effective occupation and control established in accordance with the international law, such areas must now deemed to belong and subject to the sovereignty of the Philippines;

WHEREAS, while other states have laid claims to some of these areas, their claims have lapsed by abandonment and can not prevail over that of the Philippines on legal, historical, and equitable grounds.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree as follows:

Section 1. The area within the following boundaries:

KALAYAAN ISLAND GROUP

From a point [on the Philippine Treaty Limits] at latitude 7º40' North and longitude 116º00' East of Greenwich, thence due West along the parallel of 7º40' N to its intersection with the meridian of longitude 112º10' E, thence due north along the meridian of 112º10' E to its intersection with the parallel of 9º00' N, thence northeastward to the intersection of parallel of 12º00' N with the meridian of longitude 114º30' E, thence, due East along the parallel of 12º00' N to its intersection with the meridian of 118º00' E, thence, due South along the meridian of longitude 118º00' E to its intersection with the parallel of 10º00' N, thence Southwestwards to the point of beginning at 7º40' N, latitude and 116º00' E longitude;

including the sea-bed, sub-soil, continental margin andr space shall belong and be subject to the sovereignty of the Philippines. Such area is hereby constituted as a distinct and separate municipality of the Province of Palawan and shall be known as "Kalayaan."

Section 2. Pending the election of its regular officials and during the period of emergency declared in Proclamation No.



1081, and unless earlier provided by law, the administration and government of the area shall be vested in the Secretary of National Defense or in such officers of the Civil government or the Armed Forces of the Philippines as the President may designate.

Section 3. This Decree shall take effect immediately.

Done in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.



Annex HPresidential Decree 1599

For a copy of the original text, see http://www.chanrobles.com/presidentialdecrees/presidentialdecreeno1599.html

ESTABLISHING AN EXCLUSIVE ECONOMIC ZONE AND FOR OTHER PURPOSES

WHEREAS, an exclusive economic zone extending to a distance of two hundred nautical miles from the baselines from which the territorial sea is measured is vital to the economic survival and development of the Republic of the Philippines;

WHEREAS, such a zone is now a recognized principle of international law;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order:

Section 1. There is hereby established a zone to be known as the exclusive economic zone of the Philippines. The exclusive economic zone shall extend to a distance of two hundred nautical miles beyond and from the baselines from which the territorial sea is measured: Provided, That, where the outer limits of the zone as thus determined overlap the exclusive economic zone of an adjacent or neighboring state, the common boundaries shall be determined by agreement with the state concerned or in accordance with pertinent generally recognized principles of international law on delimitation.

Section 2. Without prejudice to the rights of the Republic of the Philippines over it territorial sea and continental shelf, it shall have and exercise in the exclusive economic zone established herein the following;

(a) Sovereignty rights for the purpose of exploration and exploitation, conservation and management of the natural resources, whether living or non-living, both renewable and non-renewable, of the sea-bed, including the subsoil and the superjacent waters, and with regard to other activities for the economic exploitation and exploration of the resources of the zone, such as the production of energy from the water, currents and winds;

(b) Exclusive rights and jurisdiction with respect to the establishment and utilization of artificial islands, off-shore terminals, installations and structures, the preservation of the marine environment, including the prevention and control of pollution, and scientific research;

(c) Such other rights as are recognized by international law or state practice.

Section 3. Except in accordance with the terms of any agreement entered into with the Republic of the Philippines or of any license granted by it or under authority by the Republic of the Philippines, no person shall, in relation to the exclusive economic zone:

(a) explore or exploit any resources;

(b) carry out any search, excavation or drilling operations:

(c) conduct any research;

(d) construct, maintain or operate any artificial island, off-shore terminal, installation or other structure or device; or

(e) perform any act or engage in any activity which is contrary to, or in derogation of, the sovereign rights and jurisdiction herein provided.

Nothing herein shall be deemed a prohibition on a citizen of the Philippines, whether natural or juridical, against the



performance of any of the foregoing acts, if allowed under existing laws.

Section 4. Other states shall enjoy in the exclusive economic zone freedoms with respect to navigation and overflight, the laying of submarine cables and pipelines, and other internationally lawful uses of the sea relating to navigation and communications.

Section 5. (a) The President may authorize the appropriate government office/agency to make and promulgate such rules and regulations which may be deemed proper and necessary for carrying out the purposes of this degree.

(b) Any person who shall violate any provision of this decree or of any rule or regulation promulgated hereunder and approved by the President shall be subject to a fine which shall not be less than two thousand pesos (P2,000.00) nor be more than one hundred thousand pesos (100,000.00) or imprisonment ranging from six (6) months to ten (10) years, or both such fine and imprisonment, in the discretion of the court. Vessels and other equipment or articles used in connection therewith shall be subject to seizure and forfeiture.

Section 6. This Decree shall t

law compilation - berne guerrero · 2012. 8. 25. · referred in the third chapter of the course...

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