Article I — National Territory
What Land Does the Philippines Actually Own? Article I Explained
One section. Fifty-two words. Article I of the 1987 Philippine Constitution defines the entire territory of the Philippines — every island, every body of water, every meter of seabed, and the airspace above it all.
It is also the constitutional foundation for the Philippines' ongoing legal battle over the West Philippine Sea — and for the rule that no foreigner can own Philippine land or natural resources.
What This Article Covers: The definition of Philippine national territory — the archipelago, territorial sea, airspace, seabed, subsoil, insular shelves, and the legal basis for the West Philippine Sea and archipelagic doctrine.
The one section, at a glance
Article I has only one section — but it does enormous legal work. It defines what the Philippines is, geographically and legally.
National Territory
Official constitutional text
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.
ELI5— what this means for you
Everything that belongs to the Philippines — land, sea, and air — is defined here. The Philippines is an archipelago of over 7,600 islands. The State owns the territorial sea, the seabed, the airspace above, and all the natural resources underneath. This section is the constitutional basis for asserting Philippine sovereignty over disputed areas like the West Philippine Sea.
The West Philippine Sea and Article I
Article I is the domestic constitutional anchor for the Philippines' claim over the West Philippine Sea (WPS). Here's the legal chain:
Article I (1987)
Defines Philippine territory including all waters and seabed within Philippine sovereignty or jurisdiction
UNCLOS (1982)
Gives the Philippines an Exclusive Economic Zone of 200 nautical miles from its baselines — overlapping with WPS
PCA Ruling (2016)
Arbitral Tribunal ruled China's nine-dash line has no legal basis under UNCLOS; Philippines has sovereign rights in its EEZ
What it means for you
Fish, oil, gas, and minerals in the WPS legally belong to the Filipino people — not to any foreign state or company
Mandatory section
For OFWs / Para sa OFW
Article I defines the territory you come from — and the sovereignty the State owes you wherever you are.
- As an OFW, you remain a Filipino citizen abroad. The Philippines' sovereign duty to protect you under Article II derives from the territorial and national identity established in Article I.
- Natural resources in Philippine waters belong to all Filipinos, including the 11 million OFWs. Resource revenues fund state services including OWWA and DMW programs that serve you abroad.
- If you are working on a vessel or platform operating in Philippine waters, Philippine labor law and jurisdiction applies — grounded in Article I's definition of Philippine territorial jurisdiction.
- POLO (Philippine Overseas Labor Office) offices are located in over 30 countries. Contact DMW at dmw.gov.ph or call 1348 from the Philippines.
Real Filipino scenario
Dante, 34, marine engineer
Dante works on a Philippine oil exploration vessel operating in the Malampaya gas field area. His employer tells him that since they're 'far from shore,' Philippine labor law doesn't apply and he has no overtime rights.
What Dante should do
- Confirm the vessel's flag (Philippine-registered vessels fall under PH labor law)
- Contact DOLE at dole.gov.ph or call (02) 8527-8000
- Contact MARINA (Maritime Industry Authority) if the vessel issue involves maritime safety
- Consult PAO for free legal assistance at pao.gov.ph
What most Filipinos get wrong about this
MythThe West Philippine Sea is not legally part of the Philippines.
Truth: The 1982 UNCLOS and the 2016 Arbitral Tribunal ruling (PCA Case No. 2013-19) affirm the Philippines' rights over its Exclusive Economic Zone, which covers much of what we call the West Philippine Sea. Article I provides the constitutional anchor for these claims.
MythForeigners can own islands or land in the Philippines.
Truth: The State owns all lands of the public domain, waters, minerals, and natural resources (Art. XII, Sec. 2 elaborates on this). Foreigners cannot own land. This principle starts here in Article I.
MythThe Philippines only covers its 7,641 islands.
Truth: Philippine territory also includes the territorial sea (12 nautical miles), the exclusive economic zone (200 nautical miles), the continental shelf, internal waters, and the airspace above all of these. The territory is far larger than just the islands.
What you can do about territorial rights
Understand what 'West Philippine Sea' means legally
It refers to the parts of the South China Sea within the Philippines' EEZ and continental shelf. The Philippine name is official under UNCLOS and affirmed by the 2016 Arbitral Award.
Know that natural resources belong to all Filipinos
The State (and therefore all citizens collectively) owns all minerals, oil, gas, fish, and other resources in Philippine waters and lands. No private party — foreign or domestic — can own them outright.
Report illegal fishing or poaching in Philippine waters
Contact BFAR (Bureau of Fisheries and Aquatic Resources) at bfar.da.gov.ph or the Philippine Coast Guard if you witness illegal foreign fishing activity in Philippine territorial waters.
Engage your legislators on maritime security
Article I's territory provisions are actively contested. Citizens can write to Congress and the DFA (Department of Foreign Affairs) to advocate for stronger assertion of Philippine maritime rights.
Frequently asked questions
Does the Philippines legally own the West Philippine Sea?
The Philippines has sovereign rights (not full ownership) over its EEZ and continental shelf under UNCLOS. The 2016 Arbitral Tribunal ruling affirmed these rights and invalidated China's expansive nine-dash line claim. The Philippine Constitution's Article I provides the domestic legal foundation for these rights.
What does 'archipelagic doctrine' mean for Filipinos?
The archipelagic doctrine means the waters between Philippine islands are considered internal waters, not international waters. This means foreign ships cannot pass through these waters without Philippine permission, and the State can regulate them like it regulates land.
Can the government sell Philippine territory to a foreign country?
No. Territory is constitutionally defined and cannot be ceded or sold without amending the Constitution through the process in Article XVII. Even treaty negotiations cannot transfer sovereignty over Philippine territory without a constitutional amendment ratified by the Filipino people.
Who owns the oil and gas under Philippine waters?
The State — meaning all Filipino citizens collectively — owns all natural resources, including oil, gas, and minerals under Philippine waters and territory. Private companies can only explore and develop these resources under a service contract arrangement with the government, as elaborated in Article XII.
Sources
- 01.1987 Philippine Constitution, Article I — Official Gazette of the Philippines
- 02.UN Convention on the Law of the Sea (UNCLOS — United Nations)
- 03.South China Sea Arbitration (PCA Case No. 2013-19 — Permanent Court of Arbitration, 2016)
- 04.Bureau of Fisheries and Aquatic Resources (BFAR — bfar.da.gov.ph)
About the author
Written by Irvin Abarca with research support from Claude AI. Irvin is the founder of BatasKo, based in Dumaguete City.
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