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 Law Materials Essay

CIRCUMSTANCE DIGEST OF MAGALLONA VS ERMITA

DETAILS OF THE CASE: The antecedent information of this case emerged upon the moving of Republic Act 3046 in 1961. The law's purpose is to demarcate the maritime baselines of the Philippines when it was deemed to be an islands. RA 3046 stood unchallenged until 2009, when Our elected representatives amended it and approved RA 9522. This amending law shortened one baseline and established new foundation points of the archipelago. Moreso, it has identified the Kalayaan Island Group and the Scarborough Shoal, as " routines of islands", generating their particular maritime areas. The petitioners filed an instance assailing the constitutionality of RA 9522. To their thoughts and opinions, the law offers effectively lowered the ocean going territory of the country. With this, Document I in the 1987 Metabolic rate will be violated. The petitioners also worried that that because of the recommended changes in the maritime baselines enables foreign aircrafts and vessels to navigate the Philippine territory freely. In effect, it steps on the state's sovereignty and national security. At the same time, the Our elected representatives insisted that in no way will the amendments influence any essential power of the state of hawaii. It also deferred to concur that the regulation impliedly relinquishes the Israel claims above Sabah. Finally, they have questioned the normative force of the notion that the oceans within the rectangular boundaries in the Treaty of Paris. Right now, because this treaty still has undetermined controversies, the Congress feels that inside the perspective of international law, it did not see virtually any binding obligation to honor it. Hence, this case of prayer pertaining to writs of certiorari and prohibition can be filed ahead of the court, assailing the constitutionality of RA 9522. THE COURT'S LORDING IT OVER: The Court dismissed the situation. It upheld the constitutionality of the rules and made this clear which it has merely demarcated the country's ocean going zones and continental racks in accordance to UNCLOS III. Second, the Court found which the framework...