THE Constitution already defined the national territory and fresh attempts to declare the country as an archipelagic state under the United Nations Convention on the Law of the Sea (Unclos) would require Charter amendments as it would, in effect, reduce the territorial boundaries, according to Sen. Miriam Santiago.

“The Constitution states that the national territory comprises the Philippine archipelago, and all other territories over which the Philippines has sovereignty or jurisdiction,” Santiago, Senate foreign relations committee chairman, said.

She stressed: “The Constitution does not describe the Philippines as an ‘archipelagic state,’ which is the term used by the UN Convention.”

In a statement, Santiago warned that if the Philippines declares itself an archipelagic state, the declaration would contradict the Treaty of Paris that set the boundaries of the country’s national territory, which are wider than those allowed by the Unclos.

She noted that under the 1898 Treaty of Paris, Spain ceded the Philippines to the United States, and this now serves as the basis for the present Philippine baseline law embodied in Republic Act (RA) 3046, together with RA 5446.  “The Treaty of Paris sets out the International Treaty Baselines of the Philippine territorial sea. By contrast, the bills pending in Congress will eliminate such limits and thus, the Philippines would lose its boundaries.”

She advised against declaring the Philippines as an archipelagic state, pointing out that under the Unclos, the Philippines would be entitled to only 12 nautical miles of the territorial sea, which she deemed to be “an almost colossal reduction from the wider boundaries of the International Treaty Limits under the Treaty of Paris.”

“If the Philippines declares itself an archipelagic state, our zone of sovereignty would collapse. Our internal waters would become archipelagic waters where the ships of all states will enjoy the right of innocent passage. In addition, foreign states would have the right of so-called archipelagic sea lane passage. Ships of all states would have the right of passage and their aircraft would have the right of over flight,” she said.

Santiago said if the Philippines proceeds to declare itself an archipelagic state, it would also adversely affect the environment owing to marine pollution from ships in the archipelagic waters.

“The result would be that the Philippines as an archipelagic state would have less enforcement jurisdiction over foreign vessels in matters of pollution, than a nonarchipelagic state in its territorial sea.”

She added the question of ownership over the Kalayaan Island Group, also known as the Spratlys, is related to the issue of archipelagic base lines.

“If the Philippines declares itself an archipelagic state, then we need scientists to determine if, under international law, Kalayaan by itself constitutes another archipelago.”

She explained that under Unclos, an archipelagic state can be composed of two archipelagos. “If not, under international law, Kalayaan could be characterized as ‘other islands’ over which the Philippines is entitled to claim sovereignty.”

Santiago cautioned that the pending bills filed in Congress seeking to extend the archipelagic baselines so as to include Scarborough Shoal are not advisable as it would revise the Treaty of Paris.

“International law does not recognize the drawing of archipelagic baselines as a method of claiming territorial sovereignty,” she said.

Instead, she suggested that the Philippines should claim sovereignty over Scarborough Shoal through the method of effective occupation under international law. “The Philippines has already exercised many political and administrative acts of a sovereign nature over Scarborough Shoal. Such acts include military exercises, establishment of a lighthouse, enforcement of laws against foreign vessels and nationals, which are evidenced by historical data.”

At the same time, Santiago warned against the wording of pending bills concerning the Sabah claim, recalling that in 2001, with UP Law Dean Merlin Magallona arguing for the Philippines, the International Court of Justice (ICJ) relied on Philippine law, particularly RA 5446, Section 2, which provides that the Philippines already acquired dominion and sovereignty over Sabah, North Borneo, and hence, the baselines of the territorial sea include baselines of the territorial sea around Sabah.

“If the pending bills abolish Section 2, the effect is to remove from Philippine law the affirmation of sovereignty over Sabah.”

She was referring to the Case Concerning Sovereignty Over Pulau Ligitan and Pulau Sipadan between Malaysia and Indonesia, where the ICJ ruled that the Philippines will not, in any way, be affected by its decision on the merits of the case between Malaysia and Indonesia.

Malacañang officials, meanwhile, denied allegations that the President has neglected the Philippine claim on the Spratly Islands owing to infighting within the administration.

“The President has not neglected her avowed pledge to protect the interest of the republic, regardless of any political shakedown being perpetuated by the opposition...She will continue to find the best undertaking to ensure the integrity of our territorial claims, exhausting all diplomatic means to maintain peace and understanding in the settlement of the Spratly issue,” said deputy presidential spokesman Lorelei Fajardo.

Executive Secretary Eduardo Ermita, who chairs the Commission on Maritime and Ocean Affairs, said  the government only acted on what it believes to be the “national interest” when it sent its recommendation to the House of Representatives committee deliberating on the baselines bill, and was not influenced by the Chinese government.

“We cannot depend on outside influence. Whatever we think is our national interest, that is what we will pursue,” Ermita said.

He appealed to lawmakers to be duly guided by the national interest in deliberating on the baselines bill, and not to exploit the issue to suit their political ambitions.

“Let us not use this for political purposes as our nation would be imperiled,” Ermita said. (With M. Gonzalez)

SC grants Neri plea to be spared questions

THE Supreme Court (SC) has granted the petition filed by former National Economic and Development Authority (Neda) chief Romulo Neri seeking to enjoin the Senate from compelling him to divulge his discussions with President Arroyo pertaining to the aborted $329-million national broadband network (NBN) project of the government with China’s ZTE Co.

THE Constitution already defined the national territory and fresh attempts to declare the country as an archipelagic state under the United Nations Convention on the Law of the Sea (Unclos) would require Charter amendments as it would, in effect, reduce the territorial boundaries, according to Sen. Miriam Santiago.

THE Department of Foreign Affairs (DFA) has tapped the help of travel agencies to help prevent criminals and people using stolen identities from applying for passports.

YET two more watchdog bodies have been set up by President Arroyo to complement administration efforts to run after smugglers,

THE company operating the Small Town Lottery (STL) in Angeles City, Pampanga, has filed a formal complaint before the Department of the Interior and Local Government (DILG) against Angeles City Mayor Francis Nepomuceno for alleged grave abuse of authority and misconduct.

NEWLY appointed Elections Chairman Jose Armando Melo vowed to make the 2010 presidential elections “clean and honest” as he assumed office on Tuesday.

A JOINT team from the military and the police arrested a couple who the antiinvoluntary disappearance group Desaparecidos claimed was abducted in Cavite.

CITY OF MALOLOS—A 69-year-old American was found dead inside his parked vehicle along Macarthur Highway in barangay Pio Cruzcosa, Calumpit, Bulacan, early Tuesday morning.