One of the framers of the 1987 Constitution former Chief Justice Hilario Davide Jr., during Senate Committee on Constitutional Amendments and Revision of Codes joint with the Committee on Electoral Reforms and People’s Participation public hearing on proposal to change/amend the current Constitution on July 18, questioned why West Philippine Sea was not mentioned in Consultative Committee (ConCom)’s proposed federal constitution.
He said Article 1 Section 2 of the proposed federal constitution “deliberately did not mention, by name, the West Philippine Sea yet it specifically mentioned, by name, the Philippine Rise.”
“Why not clearly, specifically mention the West Philippine Sea? Because of probably the administration’s fear of or love for China,” Davide said.
ConCom was created by President Rodrigo Duterte to review the current Constitution.
The Article 1 National Territory of the final draft of ConCom’s proposed federal constitution states:
The Philippines has sovereignty over its territory, consisting of the islands and waters encompassed by its archipelagic baselines, its territorial sea, the seabed, the subsoil, and its airspace. It has sovereignty over islands and features outside its archipelagic baselines pursuant to the laws of the Federal Republic, the law of nations, and the judgments of competent international courts or tribunals. It likewise has sovereignty over other territories belonging to the Philippines by historic right or legal title.
The Philippines has sovereign rights over that maritime expanse beyond its territorial sea to the extent reserved to it by international law, as well as over its extended continental shelf, including the Philippine Rise. Its citizens shall enjoy the right to all resources within these areas.
Sources: https://youtu.be/o7QtjjiHXLQ?t=43m18s; https://www.scribd.com/document/383999903/Final-Version-of-Consultative-Committee-Draft-Constitution