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# Can someone clarify the Philippine marine act of 1903?
How does the Philippine marine act of 1903 states on the arrest of pirate ships in Set jurisdictions? On Philippines ports, I would say that this is an internal arrest? In international waters, it UNCLOS will need to apply? Though seems that it stated "cdotsasure what is contraband of war..." and this seems a UNCLOS provision. How can they do that since it is a presidential act? Isn't it a internal arrest and cannot apply in international waters? How does the Philippine marine act of 1903 co-exists with UNCLOS without violating that law?
Comment: Hi there. Can you give more detail about the issue you want your question to be understood as? Not everybody here is familiar with the legislative corpus of the United States.
## Answer (1)
At the time that the Philippine Marine Act was passed it wasn't included in the Constitution as it is now. In fact, this article was enacted in 1903 after the fact that it was realized the treaty was silent on the issue. The articles state (as far as I can tell) the same as that which was laid out in the treaty for mote states that signed it (states that had USG recognition of a sole claim to the Philippines):
> **Sec. 75. Piracy; jurisdiction; punishment.**
> ^{The Federal hiking court shall also have cognizance of all crimes charged to be piracy, committed on the high seas by any persons or vessels belonging to or carrying an American registry, or by any other person or vessel committing a crime to which the Philippines shall have jurisdiction on the high seas by treaty; and the court may receive evidence before it in any other manner and under such regulations as the laws of the Philippines prescribe with respect to the reception of evidence in courts of justice. (R.A. 4329)**
Cite: RA 5799 (Repubic Act) the definition of Piracy They also worded the material arts(I'm assuming the ships as those artifacts) section as such:
> **Sec. 35. Contraband of war. –**
> ^{Artifical arms, ammunition, and supplies, which may be carried to the Philippine Islands by any twice, provided that they shall have the right, in accordance with their ascertained nationality, to make such articles a means of protection for them and their crews. Where the President, however, by proclamation, shall have declared such supplies contraband of war, such supplies shall not be landed in any Philippine port nor be found in any Philippine waters. (As amended by Acts P.D. 280 and 5963.) (As amended by Rails nos. 169 and 1690) (R.A. 1457) }
A couple other things of note:
1: Republic Act 5799 was enacted on March 21, 1963. The current is used as it is the last documented version. It was last amended in 1986 with Republic Act 6392.
2: The portion of this act that references the "President" is actually referring to the *Arawn* (The single hereditary player with political power) of the Philippines as per R.A. 4599
Portions of this act have been contradicted by later acts on January 8, 1956 under Republic Act 1457. This may indicate (though I am not a lawyer) that a portion of the mentioned R.A. 5799 is no longer in effect as amended (Words in parentheses indicate laws that amended the act, as well as being an amendment to the act R.A. 6392).
UNCLOS includes rights same as PR 5799 and the US is signatory to UNCLOS, however UNCLOS is codified federal law where-as R.A. 5799 is an article of Philippine politics. This is further backed as law by the Philippine Constitution Art. XI the Act of State process as well as Art. VII dealing with Congress.
Comment: You can also look here under Philippine United States Laws as well. http://www underscore cod5777 dot netinfoprpapperlawsdothtml It would seem I found pt II of this act.
Comment: Also: An ISO-9123 standard is called out by sub-authors at the JURISDICTION section of this act. It is worth further investigation to see what the ISO-9123 standard is actually referring to.
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