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

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45 Responses

  1. 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 provision on national territory and the newly signed Baselines Law is to recognize the territories under the jurisdiction of our nation.

    2. Explain why the rationale is flawed.
    The rationale is flawed because in the newly signed Baselines Law, the Kalayaan islands is placed outside the baselines of the Philippines and categorized them as a regime of islands under the jurisdiction of the Philippines.

    3. Propose an amendment. Justify your proposal.
    The Kalayaan islands should not be put outside the baselines of the Philippines and just categorize them as regime of islands under the Philippine jurisdiction but rather let the Kalayaan islands be part of the Philippine territory and just make a law stating that the Philippines has full jurisdiction over the islands.
    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 provision on national territory and the newly signed Baselines Law is to recognize the territories under the jurisdiction of our nation.

    2. Explain why the rationale is correct.
    The rational is correct because the provision on national territory describes that Sabah and the Kalayaan islands is already a part of the territory of the Philippines.

    3. Justify why the “Baselines Law” should be implemented.
    The Baselines Law should be implemented because of the battle for the right ownership of the Kalayaan islands by different countries. We are not saying that the islands are inside the Philippine territory but the Philippines only have the jurisdiction over them.

  2. Concurring opinion:
    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    -The newly signed Baseline 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. This law clears problems concerning the ownership and jurisdiction of groups of islands near different states.

    2. Explain why the rationale is flawed.
    -If the boundaries and ownership of the islands around the Philippines is only by the distance, it would place Kalayaan and Scarborough Shoal outside of the Philippines’ control and would only be placed as a regime under the Philippines’ jurisdiction. It would be unfair for the Philippines who has fought for many years for the rights of ownership of the group of islands.

    3. Propose an amendment. Justify your proposal.
    -This law should be abolished. Let the Philippines have control and ownership of the said islands. Based on the placing of the islands, it is closer to the Philippines than any other state around. A law should be created to give full jurisdiction for the islands.

    Dissenting opinion:
    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    -The newly signed Baseline 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. This law clears problems concerning the ownership and jurisdiction of groups of islands near different states.

    2. Explain why the rationale is correct.
    -The Baseline Law strengthens the control of the other islands the Philippines is fighting for ownership, the Spratly and Sabah. The said groups fall inside the 200-nautical mile EEZ the law is stating therefore the Philippines has complete claim and jurisdiction over the two territories.

    3. Justify why the “Baselines Law” should be implemented.
    -The law should be implemented because it has strengthened the claim of the Philippines over Spratly and Sabah. Although the law does not include control over the Kalayaan, there is a significant gain of territory in the Baseline Law. Another law should be created for the claim of the Kalayaan.

  3. 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 provision on the national territory and the newly signed baseline law is that it recognizes all the island or places which is under a countrys’ territory under its jurisdiction.
    2. Explain why the rationale is flawed.
    The rationale if flawed because If were just going to talk about the 200 nautical mile which is the agreement before, the disputed Kalayaan group of island and the mischief reef would have fall of under our territory, but since under the new baseline law these islands were just put into our regime under the Philippines jurisdiction and it will be unfair for us for the “baseline” law had somewhat lost its credibility since they dont stand on just one statement and its very unfair for us the filipinos since were fighting for these islands for over a decade now.

    3. Propose an amendment. Justify your proposal.
    It would be better if were just going to follow on what they have agreed upon during the UN Convention on the Laws of the Seas (December 10, 1982) and have the PHilippines full right to claim the Kalayaan group of island and the mischief reef since this issue have been around for years now.

    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 provision on the national territory and the newly signed baseline law is that it recognizes all the island or places which is under a countrys’ territory under its jurisdiction.
    2. Explain why the rationale is correct.
    The rationale is correct since way back before in our history the Sabah and other group of islands in the Philippines have been long over and already part of the Philippines and at the same time this baseline law add up to our right of claim to those territories.
    3. Justify why the “Baselines Law” should be implemented.
    Baseline law should be implemented to have an understanding between each nations because if these law would not be created maybe a lot of wars is happening up to this time in claim for these lost territories.

  4. Concurring Opinion:

    It is stated in the Baselines Law that everything within a 200-nautical mile exclusive economic zone is within the jurisdiction of the state. Its economic resources may be used freely by the state. Problems concerning the ownership and jurisdiction of islands is cleared by this Law.

    However, if the ownership of islands is only based on a boundary which is a 200-Nautical Mile radius, the Kalayaan and Scarborough Shoal will be outside of the Philippines’ jurisdiction. They would only be placed as a regime under the Philippines’ jurisdiction.

    An amendment must be proposed that the Philippines’ ownership of lands will be extended in such a way that these islands come under its control.

    Dissenting Opinion:

    The Baselines Law places certain territories upon the jurisdiction of the Philippines. It was established to create understanding and agreement among nations about ownership and jurisdiction of certain lands. Its main purpose is to avoid disputes between nations for claiming ownership of lands.

    The Baselines Law should be implemented because it is a solution to disputes that otherwise may disrupt the peace between two nations.

  5. 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 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. Explain why the rationale is flawed.
    —> It is flawed because it changes the territory that our country declared before. it will conflict on the existing territories the nearby countries declared.

    3. Propose an amendment. Justify your proposal.
    —> I think it is better if the countries involved in the dispute with the Kalayaan group of islands suggest to form a committee outside the the group to justify the territory of each country.

    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 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. Explain why the rationale is correct.
    —> As we can see the Philippines is the nearer to the Kalayaan group of islands. The only problem is that we didnt declared those islands to be our own. with the baseline law it gives us another chance to mark our territory.

    3. Justify why the “Baselines Law” should be implemented.
    —>It should be implemented so that our area of responsibility will be clearly defined.

  6. 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 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. Explain why the rationale is flawed.
    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. Propose an amendment. Justify your proposal.
    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. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    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. Explain why the rationale is correct.
    The rationale is correct because the government is given the Baseline law to establish its ground on its territory.

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

  7. A.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 provision on the national territory and the newly signed baseline law is to mark the territories under the responsibilities of the Philippines. The included islands or places are under its jurisdiction.

    2. Explain why the rationale is flawed.
    >>The said rationale is flawed because it would place the Kalayaan group of islands and Scarborough outside of the Philippines and would only become a regime under the Philippines’ jurisdiction.

    3.Propose an amendment. Justify your proposal.
    >>The law should be removed. The Philippines should have control over these said islands, because based on its locations, it is still close to the Philippines and should be under its territory.

    B>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 provision on the national territory and the newly signed baseline law is to mark the territories under the responsibilities of the Philippines. The included islands or places are under its jurisdiction.

    2. Explain why the rationale is correct.
    >>The rationale is correct because the said group of islands have been part of the Philippines for long. Its strengthens the claim for these islands as part of the Philippine territory.

    3.Justify why the “Baselines Law” should be implemented.
    >>The “Baseline Law” should be implemented because it strengthens the claim for these islands as part of our country. Although it does not involve or cover some of the said islands, it still marked some of it as our territory.

  8. 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 disputed 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.
    -The logical amendment is to 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 explicitly 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.

  9. A.
    The provision on national territory was made in order for every nation to recognize the boundaries of every nation.
    It is flawed because it will place the Kalayaan Islands out of the territory of the Philippines which in our history was ours.
    The Kalayaan Group of Islands must become part of the Philippine territory because our ancestor have died for it.
    B.
    The provision on national territory was made in order for every nation to recognize the boundaries of every nation.
    It is correct because the said territories under the Philippines were truly part of the country according to our history.
    The law should be implemented to prevent territorial wars among countries.

  10. A.
    The rationale of the Baselines Law is that it was created for the recognition of what is within the territorial jurisdiction of the Republic of The Philippines.

    The major flaw in this provision is that the disputed territories will be considered outside our territory. The provision states that the territory within 200 nautical miles is included, the disputed areas such as the Kalayaan Group of Islands fall outside the prescribed area. There is a big contradiction on what this law is all about.

    The disputed area should become categorized as part of the Philippines through a law, Not some law stating that we own a land that is not part of our territory.

    B.
    The rationale of the Baselines Law is that it was created for the recognition of what is within the territorial jurisdiction of the Republic of The Philippines.

    The provision is correct because it strengthens our control on the jurisdiction of the disputed lands, namely Spratley’s and Sabah which is completely within the 200 NM radius.

    The law should be passed because it helps give the country a strong foothold on increasing the country’s territory, thus increasing the room for development and increasing the resources that we have.

  11. concurring opinion

    1. The provision on national territory was provided in order to justify the claims of the Philippines with regards to its territory. Moreover, Baselines law was signed to give clarifications on the disputed territorial claims on Spratly islands and Mischief reef in South China Sea.

    2. The rationale is flawed because it would negatively affect other Philippine territorial claims like the Kalayaan Islands. As according to the newly signed law, the said islands would be placed outside the baselines of the Philippines and would only be a regime under the Philippines’ jurisdiction.

    3. The international law should provide a more accurate measure in terms of territorial claims of different countries so that there would be no disputed issues. It could weigh the preponderance in terms of how a certain territory was taken care of by countries conflicting for territorial claim.

    dissenting opinion

    1. The provision on national territory was provided in order to justify the claims of the Philippines with regards to its territory. Moreover, Baselines law was signed to give clarifications on the disputed territorial claims on Spratly islands and Mischief reef in South China Sea.

    2. 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 Spratly islands and Mischief reef.

    3. The Baselines Law should be implemented because it justified the territorial claims of the Philippines and it clarified the disputed issue regarding Spratly islands and Mischief reef.

  12. CONCURRING OPINION

    The Baselines Law was enacted to set the boundaries of the Philippine archipelago and respect the territories under the jurisdiction of the country.

    The rationale of the provision on national territory and the newly signed “Baselines Law” is flawed. According to Manila Times, “China called “illegal” the provision in the law classifying Scarborough Shoal and the Kalayaan group of islands as a “regimes of islands under the Republic of the Philippines.”

    I propose an amendment that the Baselines Law be disregarded. Instead of warring with other nations about territory, might as well make use of the time and effort to discover our country’s unexploited natural resources. After all, Philippines would still be Philippines with or without the group of islands.

    DISSENTING OPINION

    The Baselines Law was enacted to set the boundaries of the Philippine archipelago and respect the territories under the jurisdiction of the country.

    The rationale of the provision on national territory and the newly signed “Baselines Law” is proper. The law accurately describes that the mentioned that the group of islands is within the 200 nautical range of the Philippines and therefore states that it is within the countries territorial jurisdiction.

    The “Baselines Law” should be implemented. The rich mineral resources believed nesting under the Spratlys which some have estimated to be worth upwards of 20-billion dollars. Philippines would greatly benefit from these rich natural resources.

  13. 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 provision on national territory and the newly signed “Baselines Law” is to recognize all the islands belonging to a country’s territory and the islands should be placed under the country’s jurisdiction.

    2. Explain why the rationale is flawed.

    The rationale is flawed because according to the newly signed Baselines Law, the Kalayan group of islands is outside the baselines of the Philippines. But if it will only be based on the 200-nautical mile, it will be under our territory. It’s unfair for the Filipinos since we’re fighting for its ownership for more than a decade.

    3. Propose an amendment. Justify your proposal.

    It will be better to stick with the 200-nautical mile that had been agreed upon before.

    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 provision on national territory and the newly signed “Baselines Law” is to recognize all the islands belonging to a country’s territory and the islands should be placed under the country’s jurisdiction.

    2. Explain why the rationale is correct.

    The rationale is correct because it gives us the chance to claim everything that falls under our territory to be our own.

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

    The Baselines Law should be implemented because it helps us clear the confusion regarding the ownership of the Kalayan group of islands.

  14. Concurring opinion:

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    – The Baseline Law states the islands that belongs to the Philippines. It states the boundaries and areas that belong to the jurisdiction of the Philippines.

    2. Explain why the rationale is flawed.
    – In this newly signed law, everything that is within the 200 nautical mile is within the territory of that country. The Kalayaan island and Scarborough are not within this 200 nautical mile limit. The Philippines have long before fought for this islands.

    3. Propose an amendment. Justify your proposal.
    – It should be revised and let the Philippines have full responsibility with the Kalayaan islands. The Island should still be within the Philippines. The Philippines have fought for this islands way back. It is just unfair for the people who have fought for this island if it does not lie within the 200 nautical mile limit.

    Dissenting opinion:

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    -The Baseline Law states the islands that belongs to the Philippines. It states the boundaries and areas that belong to the jurisdiction of the Philippines.

    2. Explain why the rationale is correct.
    – If anything is within the 200 nautical mile rule, then we will have power over everything that lies within this limit.

    3. Justify why the “Baselines Law” should be implemented.
    – Having the Baseline law, it clears up every issue regarding who owns what.

  15. Concurring opinion:
    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    The Baselines Law was created for people to recognize the territories that the Philippines owns the jurisdiction over the 200-nautical mile zone and within this area is the Spratly islands which has been making dispute among countries.

    2. Explain why the rationale is flawed.
    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. Propose an amendment. Justify your proposal.
    The Baseline Law should consider those islands which have been part of a national territory long before. Retaining those islands as part of our nation should be the top priority of this new law.

    Dissenting opinion:
    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    The Baselines Law was created for people to recognize the territories that the Philippines owns the jurisdiction over the 200-nautical mile zone and within this area is the Spratly islands which has been making dispute among countries.

    2. Explain why the rationale is correct.
    The rationale is correct due to the fact that the Spratly islands are now part of our territorial jurisdiction. As such all the disputed which has been present is now settled and no other talk shall be necessary in the ownership of the said islands.

    3. Justify why the “Baselines Law” should be implemented.
    The Baselines Law should be implemented for other countries to recognize that the Spratly islands belong to the Philippines alone and no other country shall try to take possession of it.

  16. Concurring Opinion

    1.) The Baselines Law defines the baselines of the territory of the Republic of the Philippines, thus, strengthening the claim over Spratly Islands and Mischief Reef in the South China Sea because they fall under the 200-nautical mile exclusive economic zone from the baselines of the Philippine archipelago.

    2.) The rationale is flawed because the 200-nautical mile EEZ does not include the Kalayaan and Scarborough Shoal. If in terms of distance is what we are talking about here, we would lose this territories. However, we should also take into consideration the history of our ownership on these properties and other more like the Sabah which is already a part of Malaysia.

    3.) A law implementing a full control and jurisdiction over these islands should be created. Let us fight for what is ours. The UN should realize that China is already a huge country and should not be too greedy in terms of territories. Everything should be fair.

    Dissenting Opinion

    1.) The Baselines Law defines the baselines of the territory of the Republic of the Philippines, thus, strengthening the claim over Spratly Islands and Mischief Reef in the South China Sea because they fall under the 200-nautical mile exclusive economic zone from the baselines of the Philippine archipelago.

    2.) The Baseline Law strengthens our claim over the said islands. That is what makes the rationale correct. Philippines should not be scared of fighting for its territorial rights against huge countries.

    3.) Since the Philippines have jurisdiction over the Kalayaan group of islands, it is only right to fight for what we think is ours.

  17. 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 provision on national territory and the newly signed Baselines Law is to recognize the territories under the jurisdiction of the Philippines to protect its purpose.

    2. Explain why the rationale is flawed.
    -it is flawed because the Kalayaan group of islands is not part of the baselines of the Philippines.

    3. Propose an amendment. Justify your proposal.
    -i think the 200 nautical mile is fair enough for the Philippine territory.

    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 provision on national territory and the newly signed Baselines Law is to recognize the territories under the jurisdiction of the Philippines to protect its purpose.

    2. Explain why the rationale is correct.
    -the rationale is correct because the Philippines will benefit on the said law.

    3. Justify why the “Baselines Law” should be implemented.
    -it should be implemented because our country will benefit most on having the islands.

  18. Concurring opinion:

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

    -The Law was formed for people to be aware of the territories that the Philippines owns the jurisdiction over the 200-nautical mile zone and in this area is the Spratly islands which has been making heated discussion among countries.

    2. Explain why the rationale is flawed.

    -The flaw is that it states the territory inside 200 nautical miles is included in our territory; however, the disputed areas such as the Kalayaan Group of Islands fall outside the arranged area. There is a big inconsistency on what this law is saying.

    3. Propose an amendment. Justify your proposal.

    -It should be revised and the Philippines should have full control of the Kalayaan islands.. The Baseline Law should consider those islands which have been part of a national territory in the earlier year of the Philippines. The Island should still be within the Philippines

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

    -The Law was formed for people to be aware of the territories that the Philippines owns the jurisdiction over the 200-nautical mile zone and in this area is the Spratly islands which has been making heated discussion among countries.

    2. Explain why the rationale is correct.

    -The Baselines Law states the certain territories upon the jurisdiction of the Philippines. It was constructed to build an agreement among nations about rights and jurisdiction of certain lands. The rationale is correct because it helps avoid disputes among nations for claiming ownership of lands.

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

    -The Baselines Law must be implemented since it helps us clear the misunderstanding concerning the ownership of the Kalayan group of islands.

  19. 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 provision on the national territory and the newly signed baseline law is that it recognizes all the island or places which is under a countrys’ territory under its jurisdiction.

    2. Explain why the rationale is flawed.

    the said rationaleis a flawed because the law states that only within that 200 nautical miles is the Philippines’ territory but the Kalayaan Group of ISlands is not within it but still part of thr Philippine territory.

    3. Propose an amendment. Justify your proposal.

    They should terminate the said law and let Philippines have the rights for the islands that are near the conuntry

    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 provision on the national territory and the newly signed baseline law is that it recognizes all the island or places which is under a countrys’ territory under its jurisdiction.

    2. Explain why the rationale is correct.

    the rational is correct for it decares that the 2 islands, spratly and sabah, are within Philippine territories.

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

    the law should be implemented becuase the Philippines can benefit from the two islands, although the Kalayaan is not within the 200 nautical miles, the Philippines should still fight for the rights of the said group of islands.

  20. 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 provision on national territory and the newly signed Baselines Law is to give recognition to the country’s territories through our own jurisdictions.
    2. Explain why the rationale is flawed.
    It is flawed because based on the Baseline Laws, the Kalayaan islands are considered islands outside the baselines of the Philippines but categorized in our jurisdiction.
    3. Propose an amendment. Justify your proposal.
    The Kalayan Islans should be made to be part of the Philippines fully and be under full jurisdiction of our country. With this, there will be no conflict regarding the said islands because we have full responsibility over them.
    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 provision on national territory and the newly signed Baselines Law is to give recognition to the country’s territories through our own jurisdictions.
    2. Explain why the rationale is correct.
    It is correct because it states that the Kalayaan islands are already part of Philippine territory and jurisdiction.
    3. Justify why the “Baselines Law” should be implemented.
    It should be implemented because of the problems arising the possession of the Kalayaan islands by different countries. With this law, we do not possess the Islands in our territory but only have jurisdiction over them.

  21. Concurring opinion:

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    -The provision was made to be acknowledge the territorial boundaries of our country. This also adds to the identity of our people as a nation.

    2. Explain why the rationale is flawed.
    – The rationale is flawed because in the newly signed Baselines Law, the Kalayaan islands is beyond the baselines of the Philippine archipelago and were categorized as a regime of islands under the jurisdiction of the Philippines instead of acknowledging it as part of the nation.

    3. Propose an amendment. Justify your proposal.
    – The regime of islands should be accepted as part of the Philippines to avoid confusion on territorial boundaries.

    Dissenting opinion:

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    – The provision was made to be acknowledge the territorial boundaries of our country. This also adds to the identity of our people as a nation.

    2. Explain why the rationale is correct.
    – The rationale is correct because it says that the Kalayaan Group of Islands are already a part of he Philippines.

    3. Justify why the “Baselines Law” should be implemented.
    – It should be implemented so that the feud over the Group of Islands will end.

  22. 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 provision on national territory and the newly signed Baselines Law is to recognize the boundaries of our country’s jurisdiction.

    2. Explain why the rationale is flawed.
    Because it is in contradiction to our previous agreements, the Baseline Laws complicates the arrangements and limits of the country’s territories.

    3. Propose an amendment. Justify your proposal.
    To make the Kalayaan group of islands officially part of the country should be the priority of this law rather than the limits of the jurisdiction of our country, this will make the complications lesser.

    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 provision on national territory and the newly signed Baselines Law is to recognize the boundaries of our country’s jurisdiction.

    2. Explain why the rationale is correct.
    Well, because of this law, it officially states that majority of the the islands in the Kalayaan group of islands are included in our country’s jurisdiction.

    3. Justify why the “Baselines Law” should be implemented.
    This will stop the other countries from taking their claim of the islands that are rightfully ours.

  23. Concurring opinion:

    The rationale of the provision is to clear up the confusion caused by the Kalayaan group of island because many nations are claiming it.

    It is flawed because it is long before that we have set the limits of our territory. We claimed it first, changes in other country baselines should be consulted to the nearby countries to check if they are exceeding through our preset boundary.

    I think that it is better to ask for opinions of other countries that are not of benefit or bias. If in case we don’t win the island though its rightfully ours let us just focus on our baseline rules, try to make it stronger and discover our unexploited resources.

    Dissenting opinion:

    The rationale of the provision is to clear up the confusion caused by the Kalayaan group of island because many nations are claiming it.

    It is evident that the island belongs to us. But because of the lack on focus on our territory boundaries we gave the other countries make ways to get our territory as theirs.

    Baseline law should be implemented so that our area of responsibility will be clearly defined. It will protect our country from greedy countries that yearns to make money out of our rich natural resources.

  24. 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.

    The Baselines Law defines the territorial limits of the Philippines which include the disputed Spratly islands.

    This rationale is flawed because it seems that the Baselines Laws were created in order to satisfy the Philippines’ claim over disputed territory. Also, the law leaves some parts of the Philippines, specifically the Kalayaan Islands, out of its territorial boundary. Laws must apply to all and there must be no exceptions or special treatment.

    The Baselines Law must be revised in such a way that it does not violate previously established territorial boundaries. This way, disputes may be solved and the law would not appear to be created only so that certain conditions be satisfied.

    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.

    The Baselines Law defines the territorial limits of the Philippines which include the disputed Spratly islands.

    The rationale is correct because it more clearly defines the criteria for the ownership of territory which has been in dispute. This law clarifies the boundaries of the Philippine’s territory thus eliminating the disputes.

    This law should be implemented because it solves the problem of long running disputes as it satisfies the conditions needed in order to claim jurisdiction.

  25. 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 Baselines Law is to limit the territorial property of one country. By defining the territorial limits of the country, people/country will avoid any illegal trespassing to one country’s jurisdiction.

    2. Explain why the rationale is flawed.

    The flaw in the rationale is that it covers only 200 nautical miles. The Kalayan Islands which was originally part of the Philippine archipelago is outside this baseline. Now due to the law, it is said that those islands is out of Philippines jurisdiction. Also, a conflict may rise if two baselines overlap.

    3. Propose an amendment. Justify your proposal.

    It is better to have a law defining a constant territorial jurisdiction of one country. It is better to have the ownership of islands or other territories depending on how near it is to a country or another.

    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 Baselines Law is to limit the territorial property of one country. By defining the territorial limits of the country, people/country will avoid any illegal trespassing to one country’s jurisdiction.

    2. Explain why the rationale is correct.

    The rationale is correct because it is a way to end conflicts between countries disputing over territories or islands.

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

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

  26. 1. A. Concurring Opinion
    The Baseline law states that the area within a 200-nautical mile exclusive economic zone, including its economic resources, is within the jurisdiction of the Philippines.

    It flawed for it only designates the Kalayaan Island Group (KIG) as a “regime of islands.” It doesn’t officially give us the jurisdiction for these islands.

    There should be a clarification in the territory of the Philippines itself. Kalayaan group of Islands should remain under the Philippine territory for it is what history tells. Also The KIG has a lot of natural resources that could benefit our country.

    B. Dissenting Opinion
    The Baseline law states that the area within a 200-nautical mile exclusive economic zone, including its economic resources, is within the jurisdiction of the Philippines.

    It is right to have the Baseline law for it helps to determine the limits of our countries jurisdiction.

    It should be implemented so that our country can now officially claim the limits of our National Territory that is consistent with the international covenant of UNCLOS.

  27. Concurring opinion:

    The Baselines Law which states that the area within a 200-nautical mile exclusive economic zone, including its economic resources, is within the jurisdiction of the Philippines. This law clears up the confusion on the ownership of Spratly Island which has been a long time issue.

    This rationale is flawed because there are islands like which does not fall under our jurisdiction namely the Kalayaan Group of Island. It contradicts the old provision on national territory on which it clearly states that the Kalayaan Group of Island is rightfully ours.

    The one agreed before the Baseline Law should be the one followed. We are the rightful heir of the said islands because our ancestors fight for it and it would be unfair if we would just give up these islands to those greedy countries.

    Dissenting opinion:

    The Baselines Law which states that the area within a 200-nautical mile exclusive economic zone, including its economic resources, is within the jurisdiction of the Philippines. This law clears up the confusion on the ownership of islands.

    The rationale is correct because it ensures our ownership of the Spratly Island which is claimed by China.

    This will cease the debates on the ownership of the islands amongst countries. It will also protect the unnecessary exploitation of our natural resources.

  28. A. concurring
    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 the baseline law is not applicable for non coastal countries. It was agreed that the coastal countries have rights within 200 nautical miles (EEZ). The United Nations should talk for this issue, so that our baseline law will be strengthen.

    B. Dissenting
    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 the Philippines just follow the baseline law, and agreed upon the UN convention on the Laws of Seas. I believe that we have the rights over the spratly islands.

  29. Concurring opinion:

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

    – It states that the area within a 200-nautical mile exclusive economic zone, including its economic resources, is within the jurisdiction of the Philippines.

    2. Explain why the rationale is flawed.

    – It is long before that we have set the limits of our territory. We claimed it first, changes in other country baselines should be consulted to the nearby countries to check if they are exceeding through our preset boundary.

    3. Propose an amendment. Justify your proposal.

    – 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.

    Dissenting opinion:

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

    – It states that the area within a 200-nautical mile exclusive economic zone, including its economic resources, is within the jurisdiction of the Philippines.

    2. Explain why the rationale is correct.

    – The rationale is correct because it is a way to end conflicts between countries disputing over territories or islands.

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

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

  30. A. Concurring Opinion

    The rationale about this provision is to recognize the national territories of the Philippines under the jurisdiction of the nation. This rationale is flawed because the “Kalayaan group of Islands” is placed out of the baselines of the Philippines under the newly signed “Baselines Law”. I would propose an amendment to put the “Kalayaan group of Islands” inside the baselines of the Philippines. Those islands should be ours and we should have full control of whatever we want to do with those islands.

    B. Dissenting Opinion

    The rationale about this provision is to recognize the national territories of the Philippines under the jurisdiction of the nation. The rationale is correct because under the provision the “Kalayaan group of Islands” is already part of the national territory of the Philippines. The newly signed Baselines Law should be implemented. Instead of fighting for the ownership of the “Kalayaan group of Islands” the government can make use of their time and effort to make use of the natural resources that we have right now and make the most out of it for the the development of our country.

  31. A. Concurring Opinion:

    The provision on national territory and the baseline law is made to recognize the territorial boundaries of every nation and to clear up the issues regarding the territorial claims of the Spratly islands and Mischief reef in the South China Sea.

    The rationale is flawed because it contradicts the past territorial doctrines for our country. In the newly signed baseline law, the Kalayaan islands is placed outside the baselines of the Philippines but if it is just the 200 nautical mile agreement the Kalayaan islands would fall under our territory. The baseline law is unfair and it doesn’t have any basis for the new boundaries.

    The most rational amendment is to revise or abolish the baseline law because it violates the previously established territorial boundaries. The Kalayaan group of islands should stay under our territory not because we could profit from it but because it is rightfully ours.

    B. Dissenting Opinion:

    The provision on national territory and the baseline law is made to recognize the territorial boundaries of every nation and to clear up the issues regarding the territorial claims of the Spratly islands and Mischief reef in the South China Sea.

    The rationale is adequate to clear up the boundary issues and helps determine the jurisdiction of every
    country.

    The baseline law should be implemented to stop the conflict over the ownership of the Kalayaan islands. This would also help recognize our jurisdiction over the Kalayaan Group of Islands.

  32. A. Concurring Opinion

    The rationale for the newly signed “Baselines Law”, provides that everything within 200-nautical mile falls within jurisdiction of the state. This law clears the dilemma concerning the claiming of the Spratly Islands and the Mischief Reef in the South China Sea.

    The rationale is flawed because it only provides a distance of 200 nautical miles and the Kalayaan Group of Islands would only be a regime under the Philippine Jurisdiction.

    Following the UN Convention of Laws of the Seas, the Philippines would have the right of ownership and claim to the Spratly Islands and the Mischief Reef which has been under the territorial jurisdiction of the Philippines.

    B. Dissenting Opinion

    The rationale of the provision on the national territory and the newly signed “Baselines Law” is that it recognizes all of the islands and places which is under our country’s territory and under its jurisdiction.

    The Spratly Islands is clearly nearer and closer to the Philippine Archipelago, the problem is that since it was not declared as part of the national territory, many countries also claim it as theirs, but the Baselines Law provides us the claim for what is ours.

    The Baseline Law should be implemented because it defines the jurisdiction of the national territory of the Philippines. And it would also provide a clear basis that other countries will not claim what is rightfully for the Philippines.

  33. 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.

  34. 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.

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

    -The provision on national territory explains what and up to how far the territory of the country is.Clearly stated in the provision, that every land, water, aerial territory under the Phillipines is under its sovereignty and jurisdiction.

    The newly signed “Baselines Law” is regarding about the controversial territorial issue of the spratly islands which lie about south china sea, the baselines law stands that spratlys is under Phillipines territory because it covers the 200 nautical mile distance from our land.

    2. Explain why the rationale is flawed.
    The rationale is flawed because it only produce conflicts with other nation’s claim the territorial issue is not clearly solved with these ammendments therefore there should be ammendments and should specifically pin point the lefts and rights of this issue.

    3. Propose an amendment. Justify your proposal.
    The baseline law must have been reviewed by concerned sectors and the UN council to have a more specific law in territorial issues. There should be specific distance in nautical miles for a land to be considered territory of a country. Had there been conflicts with the distances the UN council must effort an agreement with the countries to resolve the territorial issues.

    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.

    -The rationale is correct because it is the right of any country to claim its territory and place it under its jurisdiction and sovereignity.

    3. Justify why the “Baselines Law” should be implemented.
    -The Baseline Law should be implemented because it claims our country’s territory from other countries who claimed what was and what must be ours.

  36. a.
    The rationale of the provision on national territory and the newly signed Baselines Law is to distinguish the territories under the jurisdiction of the Philippines. Its main purpose is to avoid disputes between nations for claiming ownership of lands.

    The rationale is a flawed because the law states that the 200 nautical miles extent is Philippines’ territory but the Kalayaan Group of Islands is not within it but still part of the Philippine territory.

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

    b.

    The rationale of the provision on national territory and the newly signed Baselines Law is to distinguish the territories under the jurisdiction of the Philippines. Its main purpose is to avoid disputes between nations for claiming ownership of lands.

    The rationale is correct because it provided explanation on territorial claims among countries. The Baselines law specified the territorial claims and has finally narrowed the unclear issues regarding territorial claims.

    Baseline law should be implemented to have an understanding between each country because war may occur because other countries also want to expand their territories.

  37. Concurring opinion:
    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    The rationale behind these laws are to prevent disputes from neighboring countries when it comes to territories and being able to secure boundaries.

    2. Explain why the rationale is flawed.
    The rationale is flawed because claims of Spratly islands and Mischief reef in the South China Sea are still going on. The existing laws don’t resolve the conflicts among countries who have problems with boundaries and territories.

    3. Propose an amendment. Justify your proposal.
    There should be a new law that will clearly define the territories of the countries with respect to natural resources and certain economic activities, and the exercise jurisdiction over marine science research and environmental protection.
    Dissenting opinion:
    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    The rationale behind these laws are to prevent disputes from neighboring countries when it comes to territories and being able to secure boundaries.
    2. Explain why the rationale is correct.
    The reason why these laws were made is because it is for the best of the countries ensuring their territories. They have studied this carefully and made different changes to suit the different countries interests.

    3. Justify why the “Baselines Law” should be implemented.
    It should be implemented because it defines clearly the baseline of the Philippines’ territories. It will settle and resolve the long been conflict of Spratly islands and Mischief reefs.

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

    This 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. This law clears problems concerning the ownership and jurisdiction of groups of islands near different states.

    2. Explain why the rationale is flawed.

    If the boundaries and ownership of the islands around the Philippines is only by the distance, it would place Kalayaan and Scarborough Shoal outside of the Philippines’ control and would only be placed as a regime under the Philippines’ jurisdiction. Thus should be revised.

    3. Propose an amendment. Justify your proposal.

    An amendment must be proposed that the Philippines’ ownership of lands will be extended so that these islands will be in Philippine territory.

    Dissenting opinion:
    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    This 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. This law clears problems concerning the ownership and jurisdiction of groups of islands near different states.

    2. Explain why the rationale is correct.

    The Baselines Law will be the solution t the dispute in territory and will help gain peace in the ownership of such lands with the understanding and agreement of nations.

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

    It should be implemented because of the fact that it would help gain balance in the dispute for ownership of such lands.

  39. Scrap the baselines law

    A. Concurring opinion

    The Baselines Law defines the territory of the Philippines.

    The rationale is flawed. Other countries claim over some islands that are declared in the newly signed law. The islands are said to be outside the defined territory.

    The Philippines should hold discussions with other countries who disapprove of our claim.

    B. Dissenting opinion

    The Baselines Law defines the territory of the Philippines.

    The rationale is correct because the law clearly defines and states the Philippine territory for all countries to recognize.

    The law should be implemented because the Philippines as a state has the right to its territory. It is appropriate to fight for our jurisdiction.

  40. 1. RATIONALE IS THAT…
    … the baselines law is made to specify the physical boundaries of this country according to its jurisdiction.
    2. THE RATIONALE IS FLAWED BECAUSE…
    … since the baselines law was made after the dispute as to which country has claim over the Spratly Islands, it may follow, in some people’s judgement, that the law was made just for this reason. This makes this law less credible in the eyes of justice.
    3. I PROPOSE…
    … that the previous baselines law is again taken into consideration regarding this dispute. After all, this version was written before the dispute started. It should be fair that it is the one that should be followed regarding which country has claim over the Spratly’s island.
    B.
    1. RATIONALE IS THAT…
    … the baselines law is made to specify the physical boundaries of this country according to its jurisdiction.
    2. THE RATIONALE IS CORRECT BECAUSE…
    … in some countries, especially in archipelagos like the Philippines, boundaries should be specifies to avoid misunderstanding and dispute against neighbouring countries according to the claim of these islands between the said countries.
    3. THE BASELINES LAW SHOULD BE IMPLEMENTED BECAUSE…
    … it gives this country and our government the right to such properties based on the physical limits or boundaries of this country.

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

    >> The provision on the national territory and the newly signed baseline law marks the territories under the jurisdiction of the Philippines.

    2. Explain why the rationale is flawed.

    >> It is flawed because it places the Kalayaan group of islands and Scarborough outside the Philippines and becomes only a regime under the Philippines’ jurisdiction.

    3.Propose an amendment. Justify your proposal.

    >> The said law must be abolished. The Philippines must have the jurisdiction and control over the said islands, because based on its geographical locations, it is still close to the Philippines and should be a part its territory.

    B.Dissenting Opinion:

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

    >> The provision on the national territory and the newly signed baseline law marks the territories under the jurisdiction of the Philippines.

    2. Explain why the rationale is correct.

    >> It is correct because for a long time, the said group of islands have been part of the Philippines. The law strengthens the claim for such islands as part of the Philippine territory.

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

    >> The “Baselines Law” should be still implemented because it strengthens the claim for these islands as part of our country.

  42. 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.

    “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” 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.

    The Philippines now have the jurisdiction over the said islands. Yes, the Philippines won the dispute but what now. Do the Philippines have the capacity to support the said islands. Also it is unfair to our neighbor countries because there is no consultation or trial is made.

    This should be revised by thorough research and study to justify the territories of every country.

    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.

    “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” 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.

    Finally, the Philippines have claim over the jurisdiction over the said islands. The Philippines for a long time is taking care of the islands before other have discovered it.

    Therefore, the Philippines should have the jurisdiction of the said islands. This will strengthen the claim over other countries.

  43. Concurring opinion:

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

    The rationale is to make the countries boundaries limited.

    2. Explain why the rationale is flawed.

    The rationale is flawed because countries like China will not have power to the spratlys like they were used to.

    3. Propose an amendment. Justify your proposal.

    History must be considered. Because we will know who lived at the island first, by that we will know which country deserves the island.

    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 is a great provision because it is fair and just.

    2. Explain why the rationale is correct.

    The rationale is correct because if the island belongs to the boundary of the country then the island should belong to that country.
    3. Justify why the “Baselines Law” should be implemented

  44. Concurring opinion:

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    The Baselines Law state that everything within a 200-nautical mile exclusive economic zone is within the jurisdiction of the state. The purpose of the Baselines Law is to determine the extent of the territories of our nation.

    2. Explain why the rationale is flawed.
    The rationale is flawed because the Kalayaan Islands would only be under the jurisdiction of the Philippines since they are outside the baselines.
    3. Propose an amendment. Justify your proposal.
    The Kalayaan Islands should be part of the territory of the Philippines. Since the Philippines is the country nearest to the Kalayaan Islands, it is just fair that it should be part of Philippine territory.

    Dissenting opinion:

    1. State the rationale (reason for being) of the provision on national territory and the newly signed “Baselines Law”.
    The Baselines Law state that everything within a 200-nautical mile exclusive economic zone is within the jurisdiction of the state. The purpose of the Baselines Law is to determine the extent of the territories of our nation.

    2. Explain why the rationale is correct.
    This is correct because the Kalayaan Islands are already a part of the Philippines.

    3. Justify why the “Baselines Law” should be implemented.
    The Baselines law should be implemented so that the Kalayaan Islands will officially become part of Philippine territory. IF this law is implemented, the conflict over the disputed islands might possibly end.

  45. 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 provision on the national territory and the newly signed “Baseline Law” is that it recognizes all the areas which is under the territory of a country and its jurisdiction. This treaty settle disputes between countries.

    2.Explain why the rationale is flawed.

    The rationale if flawed because other countries like China doesn’t recognize such treaty, thus making a claim over the territory and taking advantage of its resources.

    3.Propose an amendment. Justify your proposal.

    The said law must be revised. Based on its geographical locations, the Philippines must have the jurisdiction and control over these islands. Another resolution could be a decision for the settlers of the said area on which nation they want to belong.

    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 provision on the national territory and the newly signed “Baseline Law” is that it recognizes all the areas which is under the territory of a country and its jurisdiction. This treaty settle disputes between countries.

    2. Explain why the rationale is correct.

    The rationale is correct because for a long period of time, this group of islands have been a part of the Philippines. This law further strengthens the claim on this islands as part of the Philippine territory.

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

    Baseline law should be implemented since it was an agreement between each nation. This was a treaty with the consent of the United Nations and other countries so this matter was arranged in favor with many nations. Moreover, this maintains balance and avoid disputes between nations.

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