Law material

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Law material

By | July 2013
Page 1 of 2
CASE DIGEST OF MAGALLONA VS ERMITA

FACTS OF THE CASE: The antecedent facts of this case emerged upon the passing of Republic Act 3046 in 1961. The law’s purpose is to demarcate the maritime baselines of the Philippines as it was deemed to be an archipelago. RA 3046 stood unchallenged until 2009, when Congress amended it and passed RA 9522. This amending law shortened one baseline and determined new base points of the archipelago. Moreso, it has identified the Kalayaan Island Group and the Scarborough Shoal, as "regimes of islands", generating their own maritime zones. The petitioners filed a case assailing the constitutionality of RA 9522. To their opinion, the law has effectively reduced the maritime territory of the country. With this, Article I of the 1987 Constitution will be violated. The petitioners also worried that that because of the suggested changes in the maritime baselines will allow for foreign aircrafts and vessels to traverse the Philippine territory freely. In effect, it steps on the state’s sovereignty and national security. Meanwhile, the Congress insisted that in no way will the amendments affect any pertinent power of the state. It also deferred to agree that the law impliedly relinquishes the Philippines claims over Sabah. Lastly, they have questioned the normative force of the notion that all the waters within the rectangular boundaries in the Treaty of Paris. Now, because this treaty still has undetermined controversies, the Congress believes that in the perspective of international law, it did not see any binding obligation to honor it. Thus, this case of prayer for writs of certiorari and prohibition is filed before the court, assailing the constitutionality of RA 9522. THE COURT’S RULING: The Court dismissed the case. It upheld the constitutionality of the law and made it clear that it has merely demarcated the country’s maritime zones and continental shelves in accordance to UNCLOS III. Secondly, the Court found that the framework...