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Magalonna v.

ermitta

Issue:Whether RA 9522 violated Article 1 of the 1987 Philippine Constitution.

Ruling No.:UNCLOS III has nothing to do with the acquisition or loss of territory. It is just a codified
norm that regulates the conduct of states.

The RA 9522 is a baseline law to mark out basepoints along coasts, serving as geographic starting points.
Also, RA 9522 includes provisions that enforce our claims to the KIG, SS, and Sabbah. RA 9522 is not
unconstitutional; the Petition was dismissed.

G.R. No. 187167- Magallona v Ermita August 16, 2011 | Carpio, J. | Constitution,Territory
PETITIONER: PROF MERLIN M. MAGALLONA, AKBAYAN PARTY LIST REP RISA HONTIVEROS,
PROF. HARRY ROQUE JR., UP COLLEGE OF LAW STUDENTS

RESPONDENTS: HON EDUARDO ERMITA EXEC SEC, ALBERTO ROMULO DFA SECRETARY,
ROLANDO ANDAYA DBM SECRETARY, DIONY VENTURA ADMINISTRATOR OF THE NATIONAL
MAPPING & RESOURCE INFORMATION AUTHORITY, HON. HILARIO DAVIDE JR REPRESENTATIVE
OF THE PERMANENT MISSION OF THE PHILS TO U.N.

SUMMARY:
This original action for the writ of certiorari and prohibition assails constitutionality of Republic Act No.
9522 adjusting the country’s archipelagic baselines and classifying the baseline regime of nearby
territories.

DOCTRINE: 1987 Constitution Section 2 - The Philippines renounces war as an instrument of national
policy, adopts the generally accepted
principles of international law as part of the law of the land
and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.
FACTS:
1.R.A. 3046 which was passed in 1961 provides among others the demarcation lines of the Philippine
baselines as an Archipelagic State in compliant with the UNCLOS I.
2.In 1968, R.A. 5446 amended R.A 3046 in terms of typographical errors and included Section 2 in which
the government reserved the drawing of baselines in Sabah in North Borneo.

3.In 2009, R.A 9522 took effect amending R.A. 5446 to be compliant with the 1984 UNCLOS III in
which Philippines is one of the signatories. Among others, UNCLOS III prescribes the water-land ratio,
length, and contour of baselines of archipelagic States like the Philippines and sets the deadline for the
filing of application for the extended continental shelf. Complying with these requirements, RA 9522
shortened one 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
"regimes of islands"
whose islands generate their own applicable maritime zones
ISSUES:
1.WoN the petitioners have locus standi to bring the suit
2.WoN the writ of certiorari and prohibition are the proper remedies to assail the constitutionality of RA
9552
3.WoN RA 9522 is unconstitutional

RULINGS: 1. Yes, the SC ruled that as a “citizen suit” and not a taxpayer or legislator suit, the citizens
who will be directly injured and benefitted in affording relief over the remedy sought.
2.Yes, the SC by tradition viewed the writs of certiorari and prohibition as proper remedial vehicles to
test the constitutionality of statutes and acts of other branches of government.
3.The SC upheld the constitutionality of R.A 9522.

The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea
Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal
framework for all marine and maritime activities. As of June 2016, 167 countries and the European
Union are parties.
UNCLOS does not deal with matters of territorial disputes or to resolve issues of sovereignty, as
that field is governed by rules of customary international law on the acquisition and loss of
territory.[12][13]

The United Nations Sustainable Development Goal 14 has a target regarding conservative and
sustainable use of oceans and their resources in line with UNCLOS legal framework.[14]

CIR VS. CAMPOS RUEDA

state defined. International personality of a nation does not bar a nation to be considered as a "foreign
country", i.e. California of the American Union, although not internationally recognized, is still refered as
a foreign country

CASIBANG V. AQUINO

the term “political question” connotes xxx a question of policy. It refers to


those questions which, under the Constitution, are to be decided by the
people in their sovereign capacity; or in regard to which full discretionary
authority has been delegated to the xxx branch of the gov

TARIFFS

There is explicit Constitutional permission to Congress to authorize


the President to, “subject to such limitations and restrictions as [Congress]
may impose”, fix “within specific limits tariff rates xxx and other duties or
imposts

DELEGATION OF EMERGENCY POWERS to the President


[Art VI, Sec 23(2)]
Any law passed in virtue of the emergency powers of the President should be
for a limited period only. An emergency is necessarily temporary otherwise
it cannot be an emergency.

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