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V.

SAMBANSA ORGANIC LAW VIOLATES THE UNDERLYING


PRINCIPLE OF TERRITORIAL INTEGRITY

The law of the land unequivocally provides under Article II,


Section 7 that:
"The State shall pursue an independent foreign policy. In its
relations with other states the paramount consideration shall be
national sovereignty, territorial integrity, national interest,
and the right to self-determination."

This impliedly refer to Republic Act No. 7157, otherwise known as


"Philippine Foreign Service Act of 1991" which gives mandate to
the Department of Foreign Affairs to implement the three (3) pillars
of the Philippine Foreign Policy as provided for under the abovecited provision, as follows:
1. Preservation and enhancement of national security
2. Promotion and attainment of economic security
3. Protection of the rights and promotion of the welfare and
interest of Filipinos overseas.

Thus, it can be inferred that it is the paramount duty of the

State to protect the territorial integrity of the Philippines.


Furthermore, Article I of the 1987 Constitution provides for the
composition of the Philippine National Territory which reads:
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 SOL is not in accordance with the mandates of the
Philippine Constitution, the Rule of Law, and the principles of
sovereignty and territorial integrity of the Republic of the
Philippines1.
Broadly, the principle of Territorial Integrity provides that the
territory of the Philippines is intact and under the effective control
of the government. The purpose of which is to ensure the
permanent inviolability of our national territory and its effective
control by the Government and the State. This also includes the
preservation of our Exclusive Economic Zone (EEZ) and its
1 North Cotabato vs. Govt. of the Philippines, G.R. No. 183591 October 14,
2008

protection from illegal incursions and resource exploitation. It is


this geographic fact that the national interest is enhanced whereby,
the land territories as well as bodies of water within our Philippine
maritime jurisdiction are effectively secured.2
Moreover, it is worth reiterating that since the geographic structure
and physical features of the Philippines is essentially a body of
water studded with islands, rather than islands with water around
them. The Philippines has maintained and must consistently
maintain the conceptual unity of land and water as a necessary
element for territorial integrity, national security which may be
compromised by the presence of warships and surveillance ships on
waters between the islands, and the preservation of its maritime
resources.3
Hence, the fact that the SOL creates autonomy and separate
territory of Sambansa, covering different islands, particularly Cebu,
Biliran, Palawan, and the entire Mindanao and worst it constructs a
separate or detached form of government is in clear violation of the
Territorial Integrity mandated under the separate provisions of the
Constitution.

2 REPUBLIC OF THE PHILIPPINES POLICY(2010-2016) - National Security


Policy, page 11
3 Magallona vs. Ermita, 655 SCRA 476, G.R. No. 187167 (2011)