TheState_B1_Bisares-Magallona-v.-Ermita.pdf - MAGALLONA vs ERMITA(G.R No 187167 Petitioners Prof Merlin M Magallona Akbayan Party-list Rep Risa

TheState_B1_Bisares-Magallona-v.-Ermita.pdf - MAGALLONA vs...

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MAGALLONA vs. ERMITA (G.R. No. 187167. August 16, 2011) Petitioners: Prof. Merlin M. Magallona Akbayan Party-list Rep. Risa Hontiveros Prof. Harry C. Roque University of the Philippines College of Law Students (38 of them) Respondents: Hon. Eduardo Ermita, Executive Secretary Hon. Alberto Romulo, DFA Secretary Hon. Rolando Andaya, DBM Secretary Hon. Diony Ventura, Administrator of National Mapping and Resource Information Authority (NMRIA) Hon. Davide, Jr., Rep. of the Permanent Mission of the RP to the UN Ponente: Carpio, J. Facts: In 1961, Congress passed RA No. 3046 demarcating the maritime baselines of the Philippines as an archipelagic State, which followed the framing of the Convention on the Territorial Sea and the Contiguous Zone in 1958 (United Convention on the Law of the Sea I or UNCLOS I). This law codified the rights of the States over their territorial sea, however the breadth was left undetermined. RA 3406 remained unchanged for nearly five decades, with some minor amendments made through a legislation passed in 1968 (RA 5446) correcting typographical errors and reserving the drawing of baselines around Sabah. In March 2009, Congress amended RA 3046 by enacting RA 9522 to be compliant with the terms of UNCLOS III. (Note: Negotiations for UNCLOS II held in Geneva in 1960 was proved futile.) To comply with the requirements of UNCLOS III, RA 9522 shortened the baseline, optimized the location of some basepoints around the Philippine archipelago and classified adjacent territories, namely, the Kalayaan Island Group (KIG) and the Scarborough Shoal, as “regime of islands: whose islands generate their own applicable maritime zones. (Note: Based on my research, “regime of islands” principle forces claimant states to maintain peace in the area, because no country can claim exclusive ownership of any of these islands. Source: Philstar). So basically, the Philippine archipelago became smaller, as claimed by the petitioners.
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