EXAM 2.1: ARTICLE I (National Territory)

Write a concurring opinion and dissenting opinion for the motion.

SCRAP THE BASELINES LAW.

Article I

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

The recently signed “Baselines Law” (RA 9522)defined the baselines of the the Philippine archipelago partly as requested by the United Nations to clear up issues regarding territorial claims in the disputed Spratly islands and Mischief reef in the South China Sea.

“Baselines Law” does not sit well with nations like China, who lays claim on the disputed territory.
As agreed upon in the UN Convention on the Laws of the Seas (December 10, 1982), “Coastal States have sovereign rights in a 200-nautical mile exclusive economic zone (EEZ) with respect to natural resources and certain economic activities, and exercise jurisdiction over marine science research and environmental protection”.

“Baselines Law” has strengthened the Philippines’ claim over the disputed territory because they fall within the 200-nautical mile exclusive economic zone (EEZ) from the baselines of the Philippine archipelago.

Concurring opinion:

1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
2. Explain why the rationale is flawed.
3. Propose an amendment. Justify your proposal.

Dissenting opinion:

1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
2. Explain why the rationale is correct.
3. Justify why the “Baselines Law” should be implemented.

Suggested readings:

Baselines Law (Republic Act 9522)

UN Convention on the Laws of the Sea

45 Responses

  1. Concurring opinion:

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.

    As a sovereign nation, we should have our own country to live in and to exercise our rights, free will, etc. By establishing our own national territory we fulfill some of the requirements of being a state and that is having a territory and sovereignity.

    2. Explain why the rationale is flawed

    i really don’t think the provision is flawed. it seems perfect and covers all national interest of the Philippines. if there is a flaw, i really cant exactly pin-point it. sorry

    3. Propose an amendment. Justify your proposal

    Dissenting opinion:

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.

    As a sovereign nation, we should have our own country to live in and to exercise our rights, free will, etc. By establishing our own national territory we fulfill some of the requirements of being a state and that is having a territory and sovereignity.

    2. Explain why the rationale is correct

    the provision is correct because it strengthens the claim and our hold to our national territory and it also protects our national interests.

    3. Justify why the “Baselines Law” should be implemented

    The “Baselines Law” should be implemented so that our claim to the disputed territories will be cemented thus making the Philippines the sole owner of these territories.

  2. hello hello hello my good sir odchimar!!!

  3. A. Concurring Opinion

    1. the rationale for the baseline act is for us to know up to where is our nations jurisdiction for us to be applied to the laws of our government.

    2. the flaw of the rationale would be 200-nautical mile radius, if that were to be then the kalayaan islands and scarborough shoal will be outside philippines jurisdiction.

    3. the law should be change in a way that these islands woulld come to be within Philippines jurisdiction since they are closest to the Philippines.

    B. Dissenting Opinion

    1. the rationale for the baseline act is for us to know up to where is our nations jurisdiction for us to be applied to the laws of our government.

    2. the rationale is correct because the new baseline act enforces our ownership of the sabah and spratly islands which has been fought over by other countries.

    3. the baseline law should be implemented so that we have solid grounds as to why we should have jurisdiction over these group of islands.

  4. Concurring opinion:
    _____________________________________________________

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.

    National territory is a part of the Philippine constitution because it would provide the country with claim to the land covered by the said provision. This provision would allow its citizens to know his or her country better by knowing its limitations including its terrestrial, fluvial and aerial domains. As citizens of one’s country we should at least know the boundaries of our territory.

    2. Explain why the rationale is flawed.

    The rationale is flawed because only a few countries follow the rule of national territory. As mentioned in the article, a few countries such as China do not follow the law on national territory. The good part about it is that under the United Nations the Philippine territory is accepted and approved with or without the consent of other countries who does not accept the law on national territory.

    3. Propose an amendment. Justify your proposal.

    As an amendment to the law on National Territory, the Philippines should be more precise as to its actual territorial limit. This should include names of such small islands which are a bit distant but still are part of the country’s territory. This islands or areas should of course be approved by the United Nations as a part of the Philippines before it should be written in our constitution.

    Dissenting opinion:
    ____________________________________________________

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.

    National territory is a part of the Philippine constitution because it would provide the country with claim to the land covered by the said provision. This provision would allow its citizens to know his or her country better by knowing its limitations including its terrestrial, fluvial and aerial domains. As citizens of one’s country we should at least know the boundaries of our territory.

    2. Explain why the rationale is correct.

    The rationale is correct because all the territories that are being claimed by the Philippines fall within its National territory. It also provides a legal and written proof of the country’s national territory.

    3. Justify why the “Baselines Law” should be implemented.

    The baseline law should be implemented so that the country would have stronger claim to its territory.

  5. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    SCRAP THE BASELINES LAW

    A – Concurring Opinion:

    1 – State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    Baseline Law defines the maritime limits of the country is a requirement of the United Nations under the UN Convention on the Law of the Seas (UNCLOS). The Philippines and other countries that signed the convention, which came into force in 1994, have until May 13 to submit the dimensions of their continental shelf. UNCLOS that requires countries to amend their baselines laws before May 2009. The baseline law is a technical adjustment of the base points and baselines under those provided under RA 3046 and 5446, which are not UNCLOS-compliant as they came into effect before the UNCLOS was signed in 1982.

    2 – Explain why the rationale is flawed.
    The rationale is flawed because few countries will comply with such law in order for them to protect their national interests. And in the Philippines’ side, through this law, both the Spratly Group of Islands and the Scarborough Shoal will become as “regime of islands” of the country because they are not part of the archipelago. It is like the Hawaii of the United States of America.

    3 – Propose an amendment. Justify your proposal.
    Their measurements of dimensions or dimensions should be precise so in order for the Philippines to have the sea, land and air she/he deserves. This could help in the development of the country and even contribute to WORLD PEACE!

    B – Dissenting Opinion:

    1 – State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    Baseline Law defines the maritime limits of the country is a requirement of the United Nations under the UN Convention on the Law of the Seas (UNCLOS). The Philippines and other countries that signed the convention, which came into force in 1994, have until May 13 to submit the dimensions of their continental shelf. UNCLOS that requires countries to amend their baselines laws before May 2009. The baseline law is a technical adjustment of the base points and baselines under those provided under RA 3046 and 5446, which are not UNCLOS-compliant as they came into effect before the UNCLOS was signed in 1982.

    2 – Explain why the rationale is correct.
    The rationale is correct because this could stop the conflicts of countries because of territory matters. Every drop of water in the sea, air in the atmosphere and even the tiniest sand will fall to its proper home. This could even contribute to WORLD PEACE!

    3 – Justify why the “Baselines Law” should be implemented.
    The “Baseline Law” should be implemented for proper places, legal owning of their territories, and for WORLD PEACE!
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

  6. Concurring opinion:

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.

    The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. It is stated in the newly signed Baseline Law that everything within a 200-nautical mile exclusive economic zone is within the jurisdiction of the state and its economic resources may be used freely by the state. This law concerns the ownership and jurisdiction of groups of islands near different states including the Philippines.

    2. Explain why the rationale is flawed.

    If the proprietorship of islands is only based on a borderline which is a 200-Nautical mile radius, the Kalayaan and Scarborough Shoal will be beyond the Philippines’ limitation and would only be sited as a regime under the Philippines’ jurisdiction.

    3. Propose an amendment. Justify your proposal.

    Whether or not the Kalayaan islands are within the borderlines of the Philippines, should be considered part of the Philippine territory; therefore the Philippines has full jurisdiction over the islands. This proposal is a must for we have struggled for years for the jurisdiction of the islands. And compared to the well-off states contesting for the authority of the islands, should recognize the Philippines’ jurisdiction over the islands to avoid disputes and confusions regarding national territory. They already have the wealth so why don’t just let go and let the Philippines handle.

    Dissenting opinion:

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.

    The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. It is stated in the newly signed Baseline Law that everything within a 200-nautical mile exclusive economic zone is within the jurisdiction of the state and its economic resources may be used freely by the state. This law concerns the ownership and jurisdiction of groups of islands near different states including the Philippines.

    2. Explain why the rationale is correct.

    The Baseline law consolidates the authority of the Philippines regarding the Spratly and Sabah territories. They fall inside the 200-nautical mile exclusive economic zone law therefore the Philippines has complete claim and jurisdiction over the two territories.

    3. Justify why the “Baselines Law” should be implemented.

    The Baselines law should be implemented to avert conflicts regarding the ownership of the Kalayaan islands by different states. This could prevent any violence that may happen if conflicts are not resolved immediately.

  7. A. Concurring opinion:
    ==========================================

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    >The newly signed Baselines Law states that everything within a 200-nautical mile exclusive economic zone is within the jurisdiction of the state and its economic resources may be used freely by the state. It makes us recognize the territories under the jurisdiction of our nation.

    2. Explain why the rationale is flawed.
    >The rationale is flawed for few countries follow the rule of national territory (like China). Secondly, in the newly signed Baselines Law, the Kalayaan islands and Scarborough Shoal is placed outside the baselines of the Philippines and categorized them as a regime of islands under the jurisdiction of the Philippines. It is unjust for the Philippines for we are fighting for these islands for over a number of years.

    3. Propose an amendment. Justify your proposal.
    >It is better if were just going to abide by on what it is agreed during the UN Convention on the Laws of the Seas. But details of the said law must be more specific and precise for better ownership and jurisdiction among these islands.

    B. Dissenting opinion:
    ==========================================

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    > The newly signed Baselines Law states that everything within a 200-nautical mile exclusive economic zone is within the jurisdiction of the state and its economic resources may be used freely by the state. It makes us recognize the territories under the jurisdiction of our nation.

    2. Explain why the rationale is correct.
    >The rationale is correct because the Baselines Law strengthens the control islands that are being claimed by the Philippines namely, the Spratly and Sabah. The said groups fall inside the 200-nautical mile limit. Thus, the Philippines have complete claim and jurisdiction over the two territories

    3. Justify why the “Baselines Law” should be implemented.
    >The Baselines law should be implemented because it has strengthened the claim of the Philippines over Spratly and Sabah. It also prevents disagreements regarding the ownership and jurisdiction of islands.

  8. A. Concurring Opinion:

    1. Republic Act 9522 or the Philippine Archipelagic Baseline Law reaffirms the country’s claim over the more than 7,100 islands in its archipelago, including outlying territories in the disputed Spratlys.

    2. The rationale is flawed because the other countries that have been fighting for these islands need to comply with the law even though these islands do not really belong in the archipelago.

    3. They should be sure in giving the measurements before we make something our own.

    B. Dissenting Opinion:

    1. Republic Act 9522 or the Philippine Archipelagic Baseline Law reaffirms the country’s claim over the more than 7,100 islands in its archipelago, including outlying territories in the disputed Spratlys.

    2. The rationale is correct, if that is what the measurements tell us, the islands belong to the Republic of the Philippines.

    3. I think the other countries should just accept what have been approved because the law is based from facts. Our country has been fighting to have these territories and so we deserve to finally call them our own.

  9. Concurring opinion:

    The baseline law protects and strengthens the claims of the country to claim areas surrounded by sea. It helps the country who is coastal dependent claim marine areas which are helpful to the country’s economy. The flaw in this law is that not all countries follow a territory law like China. As an ammendment, every country, specially ours, must be more precise in its territory.

    Dissenting opinion:

    The baseline law protects and strengthens the claims of the country to claim areas surrounded by sea. It helps the country who is coastal dependent claim marine areas which are helpful to the country’s economy. This is correct for Philippines because it could use the marine areas. Another is because the areas that the Philippines claims are really under our territory. The baseline law must be implemented so it could protect countries that have disputes with territories and can strengthen their territory claim.

  10. A. Concurring

    The newly signed Baselines Law states that everything within a 200-nautical mile exclusive economic zone is within the jurisdiction of the state and its economic resources may be used freely by the state. It makes us recognize the territories under the jurisdiction of our nation.

    It is flawed because not all country follows the baseline law.

    All country must declare precise territory to prevent other country from taking their lands.

    B. Dissenting

    The newly signed Baselines Law states that everything within a 200-nautical mile exclusive economic zone is within the jurisdiction of the state and its economic resources may be used freely by the state. It makes us recognize the territories under the jurisdiction of our nation.

    This is correct because it strengthens the declared territory and it prevents war.

    this should be implemented because it strengthens every countries territories.

  11. Concurring opinion:

    The rationale of this newly signed “Baselines Law” is it strengthened the Philippines’ claim over the disputed territory because they fall within the 200-nautical mile exclusive economic zone (EEZ) from the baselines of the Philippine archipelago.
    The rationale is flawed because not all countries (Coastal States) follow the baselines law which is very inconsistent because during the UN Convention on the Laws of the Seas, it was agreed that Coastal States have sovereign rights in a 200-nautical mile exclusive economic zone (EEZ) with respect to natural resources and certain economic activities, and exercise jurisdiction over marine science research and environmental protection.
    I believe that the Baseline law should be strengthen, that is, the United Nation should call for another convention that will resolve the issue regarding this matter.

    Dissenting opinion:

    The rationale of this newly signed “Baselines Law” is it strengthened the Philippines’ claim over the disputed territory because they fall within the 200-nautical mile exclusive economic zone (EEZ) from the baselines of the Philippine archipelago.
    The rationale is correct because as agreed on the 10th of December 1982, during the UN Convention on the Laws of the Seas, the Philippines just follow the baseline law.
    Obviously, the Baseline law should be implemented not only because the law favors us but because from the very start and as presented by the evidences of our ancestors, we have the rights over Spratly islands.

  12. Nino, Krista Marie M.

    A. Concurring Opinion

    *National Territory – The purposes of defining our national territory are to fix our territorial jurisdiction for purposes of future conflicts with other nations; to enable our people to know their territorial home; and to protect our territorial integrity and make it difficult for any portion of our territory to secede (withdraw from membership).

    *Baseline Law – The purpose of the baseline law is to clear up issues regarding territorial claims in the disputed Spratly islands and Mischief reef in the South China Sea.

    The rationale of the baseline law is flawed. Territorial disputes remain as long as other countries claim sovereignty over Spratly Islands, Palmas Island, and Sabah. It does not resolve the issue.

    Scrap the Baseline Law. Before amending the constitution, there should be negotiations among the countries. Then, the Philippines could express sovereignty over the said islands.

    ****************
    B. Dissenting Opinion

    *National Territory – The purposes of defining our national territory are to fix our territorial jurisdiction for purposes of future conflicts with other nations; to enable our people to know their territorial home; and to protect our territorial integrity and make it difficult for any portion of our territory to secede (withdraw from membership).

    *Baseline Law – The purpose of the baseline law is to clear up issues regarding territorial claims in the disputed Spratly islands and Mischief reef in the South China Sea.

    The rationale is correct. Through the said law, the Philippines affirm its claim over the Kalayaan Island Group, and the Scarborough.

    The Baseline Law should be implemented to settle territorial disputes. The Philippines must assert her right on the said islands.

  13. Concurring opinion:

    The baseline law gives depth to th claims of the country to claim areas surrounded by territorial sea. This aids a country who depends on its coastal territory claim marine quarters which are essential to the country’s survival. The flaw begins when having countries that does not follow a territory law like China. Revising this law, our statement of national teritory must possess utter coherence.

    Dissenting opinion:

    The baseline law gives depth to th claims of the country to claim areas surrounded by territorial sea. This aids a country who depends on its coastal territory claim marine quarters which are essential to the country’s survival. This imposes an essential and just law for the Philippines for it lets the country utilize the marine quarters. The baseline law must be implemented so it give protection for countries that have disputes with territories and can impose their territorial area.

  14. Concurring opinion:
    ++++++++++++++++++++++++++++++++++++++++++++++
    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    ———————————————————————————
    It is important to define as precisely as possible our national territory for the purpose of making known to the world the areas over which we assert title or ownership to avoid future conflicts with other nations. As a sovereign state, the Philippines can promulgate and enforce laws within our country.Every other power is excluded from exercising dominion or jurisdiction without the consent of the Philippines.
    ++++++++++++++++++++++++++++++++++++++++++++++
    2. Explain why the rationale is flawed.
    ———————————————————————————
    In my own opinion, I don’t see any flaw regarding the provision on national territory and the newly signed “Baselines Law”. I guess the real problems lies within our power to defend such territories or claims. As we all know our country’s military capabilities lags far behind compared to our neighbors(including China). We can’t even prevent their fishing boats from entering our territorial seas. On the other hand, we can ask help from our allies regarding this issue but we cannot just always rely on them to support us. I hope that this dispute could be settled peacefully in the UN although in the past where the USA and its allied nations attacked Iraq, the only thing as far as I know that the UN did was to condem(tama ba spelling?) america’s actions……
    ++++++++++++++++++++++++++++++++++++++++++++++
    3. Propose an amendment. Justify your proposal.
    ———————————————————————————
    to be continued…. >__<
    ———————————————————————————

  15. ei sir bakit ganun nanaman
    na chop-chop ulit ung nai-type ko
    T_T

  16. Duplicate comment detected; it looks as though you’ve already said that!
    Concurring opinion:
    ++++++++++++++++++++++++++++++++++++++++++++++
    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    ———————————————————————————
    It is important to define as precisely as possible our national territory for the purpose of making known to the world the areas over which we assert title or ownership to avoid future conflicts with other nations. As a sovereign state, the Philippines can promulgate and enforce laws within our country.Every other power is excluded from exercising dominion or jurisdiction without the consent of the Philippines.
    ++++++++++++++++++++++++++++++++++++++++++++++
    2. Explain why the rationale is flawed.
    ———————————————————————————
    In my own opinion, I don’t see any flaw regarding the provision on national territory and the newly signed “Baselines Law”. I guess the real problems lies within our power to defend such territories or claims. As we all know our country’s military capabilities lags far behind compared to our neighbors(including China). We can’t even prevent their fishing boats from entering our territorial seas. On the other hand, we can ask help from our allies regarding this issue but we cannot just always rely on them to support us. I hope that this dispute could be settled peacefully in the UN although in the past where the USA and its allied nations attacked Iraq, the only thing as far as I know that the UN did was to condem(tama ba spelling?) america’s actions……
    ++++++++++++++++++++++++++++++++++++++++++++++
    3. Propose an amendment. Justify your proposal.
    ———————————————————————————
    to be continued…. >__<
    ———————————————————————————

  17. ++++++++++++++++++++++++++++++++++++++++++++++
    Dissenting opinion:
    ———————————————————————————
    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    ++++++++++++++++++++++++++++++++++++++++++++++
    It is important to define as precisely as possible our national territory for the purpose of making known to the world the areas over which we assert title or ownership to avoid future conflicts with other nations. As a sovereign state, the Philippines can promulgate and enforce laws within our country.Every other power is excluded from exercising dominion or jurisdiction without the consent of the Philippines.
    ———————————————————————————
    2. Explain why the rationale is correct.
    ++++++++++++++++++++++++++++++++++++++++++++++
    The rational is correct because as a sovereign country, it is on right and proper that we clearly define our territory and claim all that falls within those boundaries rightfully ours.
    ———————————————————————————
    3. Justify why the “Baselines Law” should be implemented.
    ++++++++++++++++++++++++++++++++++++++++++++++
    the “Baselines Law” should be revised because from what I heard in the news we indeed claimed those islands part of our territory with the ratification of the law but certain portion of it may have a bad effect on us. If you look at the Phil. map there is a big gap between some of our islands that is bounded by our seas. For example the islands of Palawan is very far away from Luzon, Visayas or Mindanao. With the “baselines laws” there would be a blind-spots in our territorial seas wherein foreign vessels like warships could legally enter without asking permission. Should we just allow this things to happen just for the sake of acquiring some group of islands that are said to be very highly rich(super pa nga) in natural resources? Well in the end, if you want to achieve something some sacrifices have to be made we could only hope the it would be worth it. PEACE! MAG SMILE KA MUNA, DRINK COKE EVERYDAY >_<
    ———————————————————————————

  18. A. Concurring Opinion

    The rationale is to clear up issues regarding territorial claims in the disputed Spratly islands and Mischief reef in the South China Sea.
    Baselines Law is flawed in a way that other countries, such as China, does not sit well with this. It is not strictly implemented.
    Amendments: The strict measures of the are should be implemented to prevent disagreements.

    B. Dissenting Opinions

    The rationale is to clear up issues regarding territorial claims in the disputed Spratly islands and Mischief reef in the South China Sea.
    The rationale is correct because it prevents disagreements between countries through statements of clear conditions.
    It should be implemented because it has strengthened the Philippines’ claim over the disputed territory because they fall within the 200-nautical mile exclusive economic zone (EEZ) from the baselines of the Philippine archipelago. Moreover, it provides a law that keeps countries from disagreements.

  19. Concurring opinion:
    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.

    The newly signed Baselines Law makes the jurisdiction of the Philippines over conflict land clear. It sets the boundaries of the Philippines conforming to the 200 nautical mile limit with the provision of the Constitution and the UN. It strengthens our claims to islands that are claimed by other countries

    2. Explain why the rationale is flawed.

    It is flawed because the Kalayaan islands were not place under Philippine jurisdiction. It strongly states our territory but countries like China does not agree to it. It stilll has loop holes.

    3. Propose an amendment. Justify your proposal.

    Laws like these must be amended with the help of the UN or together with other countries that our claiming territory over our jurisdiction. With could place the Kalayaan Islands in our territory so that with the help of the UN so that it would be clear to other countries what are rightfully ours.

    Dissenting opinion:

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.

    The newly signed Baselines Law makes the jurisdiction of the Philippines over conflict land clear. It sets the boundaries of the Philippines conforming to the 200 nautical mile limit with the provision of the Constitution and the UN. It strengthens our claims to islands that are claimed by other countries

    2. Explain why the rationale is correct.

    It states that territory of the Philippines are under strong Philippine sovereignty. It helps us clear which belongs to the Philippines.
    3. Justify why the “Baselines Law” should be implemented.

    It should be implemented because for a very long time we have been struggling to claim what is rightfully within our territory and which in the first is part of the Philippines.

  20. A. Concurring Opinion
    The national territory provision was made for every nation to recognize its boundaries. It is flawed because it places the Kalayaan Group of Islands out of the Philippines’ territory, which is ours since history. In order for this conflict to be resolved, a law should provide a more accurate measure in terms of territorial claims of different countries so that there would be no disputed issues.

    B. Concurring Opinion
    The national territory provision was made for every nation to recognize its boundaries. The rationale is correct because it provided clarification on territorial claims among countries. Moreover, the newly signed Baselines law specified the territorial claims and has finally lessened the disputed issues regarding Spratley islands and Mischief reef. The Baselines Law should be implemented because it justified the territorial claims of the Philippines and it clarified the disputed issue regarding Spratley islands and Mischief reef.

  21. sir, baka pwede po maextend ung deadline nitong finals….thank you po….

  22. EXAM 2.1 – SCRAP THE BASELINES LAW.

    CONCURRING OPINION:

    The Baseline Law is requested by the United Nations to clear up issues regarding territorial claims in the disputed Spratlys islands and Mischief reef in the South China Sea. It defines the baselines of the Philippine archipelago.

    The rationale is flawed because the issues regarding the territorial claims in the Spratlys islands and Mischief reef should be discussed among the countries involved.

    There should be an inter-country convention among the countries involved to further settle the issues and give the other countries a chance to fight for what the believe in. In this way, the issues would be thoroughly discussed and debated.

    DISSENTING OPINION:

    The Baseline Law is requested by the United Nations to clear up issues regarding territorial claims in the disputed Spratlys islands and Mischief reef in the South China Sea. It defines the baselines of the Philippine archipelago.

    The rationale is correct. The Baseline Law will settle the long-time argued issues among countries fighting over the territorial claims in the Spratlys island and the Mischief reef.

    The Baseline Law should be implemented as agreed upon in the United Nations Convention on the Laws of the Seas in 1982. It states that Coastal States have sovereign rights in 200-nautical mile exclusive economic zone (EEZ) with respect to natural resources and certain economic activities, and exercise jurisdiction over marine science research and environmental protection.

  23. Concurring opinion:

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.

    -The provision on national territory and the Baselines Law sets the guidelines for defining a country’s national borders, serving as a basis for when there are territorial disputes between another nation.

    2. Explain why the rationale is flawed.

    -The rationale is flawed because if it is to be followed, it means the Kalayaan group of islands will not belong to the Philippines anymore as it is beyond the set set zone of 200 nautical miles.

    3. Propose an amendment. Justify your proposal.

    -I propose that the territorial disputes in the South China Sea be settled diplomatically, as opposed to new provisions that may produce more unforeseen problems.

    Dissenting opinion:

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.

    -The provision on national territory and the Baselines Law sets the guidelines for defining a country’s national borders, serving as a basis for when there are territorial disputes between another nation.

    2. Explain why the rationale is correct.

    -It is correct because it clearly sets the boundaries of the nation, clearing up any future disputes without misconceptions.

    3. Justify why the “Baselines Law” should be implemented.

    -The Baseline Law should be implemented as it was made by careful deliberation of the UN to be fair to all parties in a way where there is no specific interest to any party. Just a set number of distance from the baseline of the country.

  24. A. Concurring Opinion:

    “The recently signed “Baselines Law” (RA 9522)defined the baselines of the the Philippine archipelago partly as requested by the United Nations to clear up issues regarding territorial claims in the disputed Spratly islands and Mischief reef in the South China Sea.”
    The rationale is flawed because not all countries follow the baseline law. It is because the Baseline Law applies only to coastal countries like the Philippines.
    The dispute about the issue regarding territorial claims must be discussed among the contries involved.

    B. Dissenting Opinion:

    “The recently signed “Baselines Law” (RA 9522)defined the baselines of the the Philippine archipelago partly as requested by the United Nations to clear up issues regarding territorial claims in the disputed Spratly islands and Mischief reef in the South China Sea.”
    It is correct because it is stated that “Coastal States have sovereign rights in a 200-nautical mile exclusive economic zone (EEZ) with respect to natural resources and certain economic activities, and exercise jurisdiction over marine science research and environmental protection”. It means that the Philippines have claim over Spratly Islands, which is within 200 nautical miles of EEZ.
    It must be implemented because having claim over the Spratly Islands expand the Philippine territory. It opens doors for new opportunities like marine exploration and the like.

  25. A. Concurring opinion:
    National territory is a part of the Philippine constitution since it provides the country its claim to the land covered by the said provision. This provision allows its citizens to identify his or her country by knowing its limitations including its terrestrial, fluvial and aerial domains. The rationale is flawed since only few countries follow the rule of national territory, i.e. the Geneva Convention. To amendment on the law of National Territory, the Philippines should be more specific as to its actual territorial limit as to its size, names of island belonging to our country, and the like.

    B.Dissenting opinion:
    National territory is a part of the Philippine constitution since it provides the country its claim to the land covered by the said provision. This provision allows its citizens to identify his or her country by knowing its limitations including its terrestrial, fluvial and aerial domains. The rationale is correct as all the territories being claimed by the Philippines fall within its National Territory. It also provides a legal and written proof of the country’s national territory. The baseline law should be implemented so that the country would have a stronger claim to its territory.

  26. SCRAP THE BASELINES LAW

    Concurring opinion:

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.

    There is no rule in international law, which requires a State to define the territorial boundaries in its Constitution. The reason is that with or without such a provision, a State under international law has the right to assert its jurisdiction throughout the extent of its territory. Nevertheless, it is important to define as precisely as possible our national territory for the purpose of making known to the world the areas over which we assert title or ownership to avoid future conflicts with other nations.

    2. Explain why the rationale is flawed.

    The rationale is flawed because of the limitless borders of different countries. It seems that the one who have the power over the other can assert his will to get what they want.

    3. Propose an amendment. Justify your proposal.

    I propose that there should be a definite international law in terms of countries’ baseline and know the jurisdiction of the country.

    Dissenting opinion:

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.

    There is no rule in international law, which requires a State to define the territorial boundaries in its Constitution. The reason is that with or without such a provision, a State under international law has the right to assert its jurisdiction throughout the extent of its territory. Nevertheless, it is important to define as precisely as possible our national territory for the purpose of making known to the world the areas over which we assert title or ownership to avoid future conflicts with other nations.

    2. Explain why the rationale is correct.

    The rationale is correct because it sets the limit of 200-nautical mile to provide the countries involved options to clear up any future disputes without misconception.

    3. Justify why the “Baselines Law” should be implemented.

    With the Baseline Law the country sets the limits of its jurisdiction. As agreed upon in the UN Convention on the Laws of the Seas (December 10, 1982), “Coastal States have sovereign rights in a 200-nautical mile exclusive economic zone (EEZ) with respect to natural resources and certain economic activities, and exercise jurisdiction over marine science research and environmental protection”.

  27. Concurring opinion:
    _____________________________________________________

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.

    National territory is a part of the Philippine constitution because it would provide the country with claim to the land covered by the said provision. This provision would allow its citizens to know his or her country better by knowing its limitations including its terrestrial, fluvial and aerial domains. As citizens of one’s country we should at least know the boundaries of our territory.

    2. Explain why the rationale is flawed.

    The rationale is flawed because only a few countries follow the rule of national territory. As mentioned in the article, a few countries such as China do not follow the law on national territory. The good part about it is that under the United Nations the Philippine territory is accepted and approved with or without the consent of other countries who does not accept the law on national territory.

    3. Propose an amendment. Justify your proposal.

    As an amendment to the law on National Territory, the Philippines should be more precise as to its actual territorial limit. This should include names of such small islands which are a bit distant but still are part of the country’s territory. This islands or areas should of course be approved by the United Nations as a part of the Philippines before it should be written in our constitution.

    Dissenting opinion:
    ____________________________________________________

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.

    National territory is a part of the Philippine constitution because it would provide the country with claim to the land covered by the said provision. This provision would allow its citizens to know his or her country better by knowing its limitations including its terrestrial, fluvial and aerial domains. As citizens of one’s country we should at least know the boundaries of our territory.

    2. Explain why the rationale is correct.

    The rationale is correct because all the territories that are being claimed by the Philippines fall within its National territory. It also provides a legal and written proof of the country’s national territory.

    3. Justify why the “Baselines Law” should be implemented.

    The baseline law should be implemented so that the country would have stronger claim to its territory.

  28. 1. Concurring opinion:
    1. The rationale of the provision is to clear up the confusion caused by the Kalayaan group of island because many nations are claiming it to be their own.
    2. It is flawed because as our country changes its declaration in the nations territory it will affect other country’s declaration of territory and hence would upbring confusion.
    3. I think it is better if someone would make or create a group who would arrange requests or demands on territory claims.
    Dissenting opinion:
    1. The baseline law is to mark the territories under the responsibilities of the Philippines. The included islands or places are under its jurisdiction.
    2. It is correct because the islands listed under the law are with the territory of the Philippines for long. It is to strengthen the claims for the said territories.
    3.The Baseline Law should be implemented to strengthen our claims on the said territories or lands.

  29. A. Concurring Opinion

    1. the rationale for the baseline act is for us to know up to where is our nations jurisdiction for us to be applied to the laws of our government.

    2. the flaw of the rationale would be 200-nautical mile radius, if that were to be then the kalayaan islands and scarborough shoal will be outside philippines jurisdiction.

    3. the law should be change in a way that these islands woulld come to be within Philippines jurisdiction since they are closest to the Philippines.

    B. Dissenting Opinion

    1. the rationale for the baseline act is for us to know up to where is our nations jurisdiction for us to be applied to the laws of our government.

    2. the rationale is correct because the new baseline act enforces our ownership of the sabah and spratly islands which has been fought over by other countries.

    3. the baseline law should be implemented so that we have solid grounds as to why we should have jurisdiction over these group of islands.

  30. Concurring opinion:
    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    According to the Baselines Law, the area within a 200-nautical mile exclusive economic zone, including its economic resources, is within the jurisdiction of the Philippines. The utilization of the said resources is under the supervision of the state.

    2. Explain why the rationale is flawed.
    Under the Baselines Law, the Kalayaan Group of Islands is not under the jurisdiction of the Philippines. This is a contradiction against past territorial doctrines for the country, including the 1973 and 1987 Constitution.

    3. Propose an amendment. Justify your proposal.
    Place the Kalayaan Group of Islands within the territory of the Philippines. The claim for this islands has been ongoing for many years now. It is not a question of profit or territorial gain, it is only right for the Philippines to fight for its sovereignty.

    Dissenting opinion:
    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    According to the Baselines Law, the area within a 200-nautical mile exclusive economic zone, including its economic resources, is within the jurisdiction of the Philippines. The utilization of the said resources is under the supervision of the state.

    2. Explain why the rationale is correct.
    The rationale is correct as the Baselines Law defines the territorial claims of the Philippines for the international community.

    3. Justify why the “Baselines Law” should be implemented.
    The law should be implemented considering that a proper definition of territorial claims is sending the right signal to the international community that the Philippines will not give in to pressure from other countries. It is tantamount to saying that the Filipino is willing to stand up for what he believes in.

  31. EXAM 2.1: ARTICLE I
    __________________________________________________

    A. Concurring Opinion:

    The Baselines Law is for justification of the country’s national territory regarding in the disputed Spratly Islands and Mischief Reef in South China Sea.

    It is flawed because some countries just like China are not serious about this law and the convention held by the United Nations.

    It should be amended by making strict ruling about this law so that it will be just and equal for all. Complications may result to allegations and war.
    __________________________________________________

    B. Dissenting Opinion:

    The Baselines Law is for justification of the country’s national territory regarding in the disputed Spratly Islands and Mischief Reef in South China Sea.

    The rationale is correct because it prevents disagreements between countries that is in close proximity with Spratly Islands and Mischief Reef in regarding to whose territory it resides.

    The Baselines Laws should be implemented because the Spratly Islands are obviously closest to the Philippines and lies within 200 nautical miles EEZ. Countries that are far from the said islands such as China should abort military presence near the islands and mind their own territory.

  32. A.Concurring Opinion

    It is important to define as precisely as possible the nat’l territory of the country for the purpose of making known to the world the areas over which the country assert title/ownership to avoid future conflicts with other countries.

    It is flawed because some countries just like China are not serious about this law. This is not good because countries which are not serious about these laws might not honor our laws about this.

    It would be better if it is made more precise. If the place the country assert title to rightfully belongs to the Philippines, we sh0uld be firmer to our stance even if others do not honor them.

    I actually see no flow in this. It is but right

    B. Dissenting Opinion

    It is important to define as precisely as possible the nat’l territory of the country for the purpose of making known to the world the areas over which the country assert title/ownership to avoid future conflicts with other countries.

    I actually see no flow in this. It is but right to make kn0wn to other nations what is ours and what is covered by our laws. It is a country’s right and also a means of protecting the rights of its citizens.

    The Baselines Law should be implemented because it strengthens the country’s claim over the Spratly islands and Mischief reef. These territories are said to be still within the Philippine territory, so it is just right for the country to assert ownership of these.

  33. A.Concurring Opinion:
    1.)The Baselines Law is the law that determines the limits or extent of the territory of our Republic. This is to make known to every nation the ownership of every island that is not part of the Philippine archipelago.

    2.)The rationale is flawed because even the Spratly Islands is now within our jurisdiction, the Kalayaan islands are outside the baselines that were created. The Kalayaan islands have been part of the Philippine national territory since long before.

    3.)The Baseline Law should consider Kalayaan island which have been part of a national territory in the earlier year of the Philippines. The Island should still be within the Philippines.

    B. Dissenting opinion:

    1.)The newly signed Baselines Law states that everything within a 200-nautical mile exclusive economic zone is within the jurisdiction of the state and its economic resources may be used freely by the state. It makes us recognize the territories under the jurisdiction of our nation.

    2.)The newly signed Baselines Law states that everything within a 200-nautical mile exclusive economic zone is within the jurisdiction of the state and its economic resources may be used freely by the state. It makes us recognize the territories under the jurisdiction of our nation.

    3.)Baselines Law may end long conflict between countries claiming the same territory. It also gives the Philippines the authority to claim the islands of Spratly.

  34. A. Concurring Opinion

    1. The baseline act is created to clarify the boundaries of the Philippines Islands in the disputed Spratly islands and Mischief reef in the South China Sea.

    2.The rational is flawed because not all countries around the Philippine follow the baseline law. So although we claim those islands, other country would still argue because they don’t have the same law.

    3. The baseline law is good but before implementing it, serious arrangements with the countries around Philippines should be done.
    ______________________________________________

    B. Dissenting Opinion

    1. The baseline act is created to clarify the boundaries of the Philippines Islands in the disputed Spratly islands and Mischief reef in the South China Sea.

    2. The rationale is correct because it really specify the boundaries of the Philippines.

    3. The baseline law should be implemented because it clarifies confusion and strengthen our claims on the said lands.

  35. _____________________________________________________________________________________

    EXAM 2.1
    ERWIN R. SANTOS
    3ECEA
    _____________________________________________________________________________________
    Concurring opinion:

    National territory is a part of the Philippine constitution for the purpose of making known to the world the areas over which we assert title or ownership to avoid future conflicts with other nations. Thus, “Baselines Law” defines the baselines of the Philippine archipelago in part as requested by the United Nations to arrange issues regarding territorial claims in the disputed Spratly islands and Mischief reef in the South China Sea.

    The rationale is flawed because some countries do not comply with the rule of National territory, like China who also claim on the disputed territory. In addition, Kalayaan Islands would be placed outside the baselines of the Philippines and would only be regime under the Philippines jurisdiction.

    As an amendment to the National territory, the territorial claims of different countries should give more accurate measure in terms of territorial claims so that there would be no disputed issues.

    Dissenting opinion:

    National territory is a part of the Philippine constitution for the purpose of making known to the world the areas over which we assert title or ownership to avoid future conflicts with other nations. Thus, “Baselines Law” defines the baselines of the Philippine archipelago in part as requested by the United Nations to arrange issues regarding territorial claims in the disputed Spratly islands and Mischief reef in the South China Sea.

    The rational is correct since all the territories that are being claimed by the Philippines fall within its National territory. Thus, the newly signed Baselines law specified the territorial claims and has finally lessened the disputed issues regarding Spratly islands and Mischief reef in the South China Sea.

    The Baselines Law should be implemented for the reason that it vindicated the territorial claims of the Philippines and it explained the disputed issue regarding Spratly islands and Mischief reef.
    _____________________________________________________________________________________

  36. Concurring opinion:

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.

    National territory is a part of the Philippine constitution because it would provide the country with claim to the land covered by the said provision. This provision would allow its citizens to know his or her country better by knowing its limitations including its terrestrial, fluvial and aerial domains. As citizens of one’s country we should at least know the boundaries of our territory.

    2. Explain why the rationale is flawed.

    The rationale is flawed because only a few countries follow the rule of national territory. As mentioned in the article, a few countries such as China do not follow the law on national territory. The good part about it is that under the United Nations the Philippine territory is accepted and approved with or without the consent of other countries who does not accept the law on national territory.

    3. Propose an amendment. Justify your proposal.

    As an amendment to the law on National Territory, the Philippines should be more precise as to its actual territorial limit. This should include names of such small islands which are a bit distant but still are part of the country’s territory. This islands or areas should of course be approved by the United Nations as a part of the Philippines before it should be written in our constitution.

    Dissenting opinion:

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.

    National territory is a part of the Philippine constitution because it would provide the country with claim to the land covered by the said provision. This provision would allow its citizens to know his or her country better by knowing its limitations including its terrestrial, fluvial and aerial domains. As citizens of one’s country we should at least know the boundaries of our territory.

    2. Explain why the rationale is correct.

    The rationale is correct because all the territories that are being claimed by the Philippines fall within its National territory. It also provides a legal and written proof of the country’s national territory.

    3. Justify why the “Baselines Law” should be implemented.

    The baseline law should be implemented so that the country would have stronger claim to its territory.

  37. Concurring opinion:

    1. The Baselines Law is the law that determines the limits or extent of the territory of our Republic. This is to make known to every nation the ownership of every island that is not part of the Philippine archipelago.

    2. For quite some time, we have been fighting for our rights over the Kalayaan Islands and the mischief reefs. With the enactment of the Baselines law, we would ultimately get into knowing that the Kalayaan Islands are not part of the Philippines since they are not part of the 200 nautical mile territory.

    3. The Kalayaan group of Islands and the mischief reef should be part of an exemption in the Baseline Law. They should be awarded to the Philippine government.

    Dissenting opinion:

    1. The Baselines Law is the law that determines the limits or extent of the territory of our Republic. This is to make known to every nation the ownership of every island that is not part of the Philippine archipelago.

    2. The rationale is correct because the government is given the Baseline law to establish its ground on its territory.

    3. The Baseline law should be implemented because it gives a clearer perspective of the duties and obligations of our government over its territory.

  38. Concurring opinion:

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    National territory provides us with our claim of the land that our country has rights of. The baselines law provides the people with the knowledge of the span of our territory and of what laws and rights are included in it.

    2. Explain why the rationale is flawed.
    In my opinion, there is not much of a flaw other than the fact that our state does’nt have an iron fist regarding the topic. It is clear in our constitution that the spratlys are ours, yet the other claiming nations have already put establishments on some of the islands. In my opinion, it just shows that the other nations are not at all afraid of the power of our state.

    3. Propose an amendment. Justify your proposal.
    There is nothing much to be revised other than having the law to be enforced more.

    Dissenting opinion:

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    National territory provides us with our claim of the land that our country has rights of. The baselines law provides the people with the knowledge of the span of our territory and of what laws and rights are included in it.

    2. Explain why the rationale is correct.
    The rationale is correct because all the territories that are being claimed by the Philippines fall within its National territory. It also provides a legal and written proof of the country’s national territory.

    3. Justify why the “Baselines Law” should be implemented.
    A stronger claim would also mean that “we are the boss” within our claimed land, and those other states that want it must respect our law.

  39. Concurring opinion:

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.

    National territory is a part of the Philippine constitution for the purpose of making known to the world the areas over which we assert title or ownership to avoid future conflicts with other nations. Thus, “Baselines Law” defines the baselines of the Philippine archipelago in part as requested by the United Nations to arrange issues regarding territorial claims in the disputed Spratly islands and Mischief reef in the South China Sea.

    2. Explain why the rationale is flawed.

    The rational is flawed because not all countries around the Philippine follow the baseline law. So although we claim those islands, other country would still argue because they don’t have the same law.

    3. Propose an amendment. Justify your proposal.

    I propose that there should be a definite international law in terms of countries’ baseline and know the jurisdiction of the country.

    Dissenting opinion:

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.

    Baseline Law defines the maritime limits of the country is a requirement of the United Nations under the UN Convention on the Law of the Seas (UNCLOS). The Philippines and other countries that signed the convention, which came into force in 1994, have until May 13 to submit the dimensions of their continental shelf. UNCLOS that requires countries to amend their baselines laws before May 2009. The baseline law is a technical adjustment of the base points and baselines under those provided under RA 3046 and 5446, which are not UNCLOS-compliant as they came into effect before the UNCLOS was signed in 1982.

    2. Explain why the rationale is correct.

    The rationale is correct as the Baselines Law defines the territorial claims of the Philippines for the international community.

    3. Justify why the “Baselines Law” should be implemented.

    It should be implemented because for a very long time we have been struggling to claim what is rightfully within our territory and which in the first is part of the Philippines.

  40. Concurring opinion:

    1-We should know our National Territory, the boundaries of our land. These boundaries should be accepted by our neighboring countries so as to avoid conflict. The rationale of the provision is to make clear the scope of our territory.

    2-The rationale is flawed because not all countries follow the rule of the United Nations, thus different opinions about the validity of our claims. This constitutes a problem especially that China is one of those countries.

    3-Though the provisions are good, it should be more precise. We should communicate about our claims to other countries or at least let them know, so as not to start conflict. We should also seek the approval of the United Nations so that we san justify our claims better.

    Dissenting opinion:

    1-We should know our National Territory, the boundaries of our land. These boundaries should be accepted by our neighboring countries so as to avoid conflict. The rationale of the provision is to make clear the scope of our territory.

    2-The rationale is correct because the Philippines’ claims are justifiable, following the code of the United Nations about territory.

    3-It should be implemented to make our claims clearer and stronger. It also entitles our country to its legal territory.

  41. Concurring opinion:
    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    “The Baselines Law is the affirmation of Philippines’ claim on its territorial waters and archipelagic baseline. The law comes as the Philippines’ compliance with the United Nations Convention on the Law of the Sea.”

    2. Explain why the rationale is flawed.
    The Baselines Law being enacted that way could have negative effects on the Philippines diplomatic relations with other neighboring countries.

    3. Propose an amendment. Justify your proposal.
    Set our territorial claim more specifically. If the territorial claims are defined, the claim is neither too weak or to strong so as to provoke something that is not intended.
    Dissenting opinion:
    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    “The Baselines Law is the affirmation of the Philippines’ claim on its territorial waters and archipelagic baseline. The law comes as the Philippines’ compliance with the United Nations Convention on the Law of the Sea.”
    2. Explain why the rationale is correct.
    The Baselines Law is a part of the government’s duty to uphold and protect the country’s sovereignty.

    3. Justify why the “Baselines Law” should be implemented.
    “It’s a part of International Diplomacy.” It’s an obligation that has been written in the constitution.

  42. A. Concurring opinion:

    The newly signed Baselines Law states that everything within a 200-nautical mile exclusive economic zone is within the jurisdiction of the state and its economic resources may be used freely by the state. It makes us recognize the territories under the jurisdiction of our nation.

    The rationale is flawed for few countries follow the rule of national territory (like China). Secondly, in the newly signed Baselines Law, the Kalayaan islands and Scarborough Shoal is placed outside the baselines of the Philippines and categorized them as a regime of islands under the jurisdiction of the Philippines. It is unjust for the Philippines for we are fighting for these islands for over a number of years.

    It is better if were just going to abide by on what it is agreed during the UN Convention on the Laws of the Seas. But details of the said law must be more specific and precise for better ownership and jurisdiction among these islands.

    B. Dissenting opinion:

    The newly signed Baselines Law states that everything within a 200-nautical mile exclusive economic zone is within the jurisdiction of the state and its economic resources may be used freely by the state. It makes us recognize the territories under the jurisdiction of our nation.

    The rationale is correct because the Baselines Law strengthens the control islands that are being claimed by the Philippines namely, the Spratly and Sabah. The said groups fall inside the 200-nautical mile limit. Thus, the Philippines have complete claim and jurisdiction over the two territories

    The Baselines law should be implemented because it has strengthened the claim of the Philippines over Spratly and Sabah. It also prevents disagreements regarding the ownership and jurisdiction of islands.

  43. A. Concurring Opinion

    The recently signed “Baselines Law” defined the baselines of the the Philippine archipelago partly as requested by the United Nations to clear up issues regarding territorial claims in the disputed Spratly islands and Mischief reef in the South China Sea. The only flaw seen in this law is that other countries, such as China, does not agree upon this. Too bad, they continue to claim those area in the Spratly Islands and in the South China Sea. We, our Philippine government do not strictly implement this Baselines Law and continue to permit China in conquering this areas. Is is time that strict measures should be implemented to prevent disagreements. Measures that will be both beneficial to either party.

    B. Dissenting Opinions

    The national territory provision was made for every nation to recognize its boundaries. It is important for any nation to fully recognize its territory and not to be abused by other countries around it. The rationale is correct because it prevents disagreements between countries through statements of clear conditions. It should be implemented because it has strengthened the Philippines’ claim over the disputed territory because they fall within the 200-nautical mile exclusive economic zone (EEZ) from the baselines of the Philippine archipelago. In addition to this, it provides a law that keeps countries from starting war and disputes that is only detrimental to the ordinary people.

  44. Concurring opinion:
    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    The rationale of the Baseline Law, a regime of islands is defined by the United Nations Convention on the Law of the Sea as islands or naturally formed areas of land surrounded by water that remain above water during high tide. This is to give clarifications to the other claiming country, and gives proofs, and basis with regards on who should own the territory.
    2. Explain why the rationale is flawed.
    The reason of 200 nautical mile exclusive economic zone stands without its own points, o why is it 200, etc., other claiming country will really protests, especially, it is a 1st world, and a very successful one.

    3. Propose an amendment. Justify your proposal.
    The Baseline Law should be more precise and detailed; it should clearly state the ownership of the territory and its grounds on giving such decision.
    Dissenting opinion:
    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    The rationale of the Baseline Law, a regime of islands is defined by the United Nations Convention on the Law of the Sea as islands or naturally formed areas of land surrounded by water that remain above water during high tide. This is to give clarifications to the other claiming country, and gives proofs, and basis with regards on who should own the territory.

    2. Explain why the rationale is correct.
    The rationale is correct, forming the RA 9522, is necessary since a country is claiming the same territory, the Philippines should fight for its territory since, we have much rights and basis that we should own that. This will give room for justifications and clarification on which country it should belong.

    3. Justify why the “Baselines Law” should be implemented.
    It should be implemented because it strengthened the claim of the Philippines in the Spratly islands and Mischief reef; and it give our country the jurisdiction over the said territories.

  45. A.Concurring Opinion
    1.State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    Baselines law clearly states the geographical coverage of each territory based on a specified range. It is made in order to deal with the growing problem of ownership of lands covered in each territory.
    2.Explain why the rationale is flawed.
    The rationale is flawed because at a certain point, a land may be covered in two or more territories.
    3.Propose an amendment. Justify your proposal.
    Cut down the specified range to resolve the problem on owning lands.
    B.Dissenting Opinion
    1.State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    Baselines law clearly states the geographical coverage of each territory based on a specified range. It is made in order to deal with the growing problem of ownership of lands covered in each territory.

    2.Explain why the rationale is correct.
    The rationale is correct because it divides the lands clearly avoiding confusion among the neighboring areas.
    3. Justify why the “Baselines Law” should be implemented.
    The Baselines law should be implemented to solve to the growing problem of acquiring lands.

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