Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15th Congress
First Regular Session

2
HOUSE BILL No. __

Introduced by Representative Lorenzo R. Tafiada Ill

EXPLANATORY NOTE

The definition of municipal waters under Section 4(58) is deficient in that it
provides clear rules for only two types of coastlines: the straight coastline, and
directly opposing coastlines. It does not provide for the nearly limitless possible
configurations and shapes of coastlines of the 7,107 islands and surrounding
waters of the Philippine Archipelago.

The Philippine coastline is highly irregular. Curves and indentions are the rule
rather than the exception, and islands and islets dot the periphery of many
provinces and municipalities. In some cases, municipalities are even made up of
two or more islands. The perpendicular lines provided for by the Fisheries Code
will be inapplicable to curving coastlines, while parallel lines mimicking the
shape of the actual coastlines will be impossible to enforce at sea. The stated
purpose of reserving municipal waters for the greater majority of marginal fishers
will thus be rendered useless and futile.

The guiding principle for resolving the issue of disparity is to adopt the use of
archipelagic principle, which is enshrined in article 1 of the 1987 Constitution
and has been one of the fundamental pillars of the Philippine concept of
national territory. Since the 1950s, the state has pushed this principle, which
eventually led to the so-called “Archipelagic Doctrine” in international law and
has become the legal and political basis for considering our 7,107 islands as one
political unit. This doctrine is one of our most important contributions to the
international legal system; without it, international waters will separate the widely
scattered islands of our archipelago, and the Filipino nation will be deprived of
the large tracts of marine resources between the islands that it has claimed


since its inception.

The country's foreign policy and legal positions before the international
community cannot be inconsistent with our national law and policy. If we were
not to apply the archipelagic principle to the component units of our country,
the Local Government Units, then we would undermine the most fundamental
pillar of our concept of national territory. Therefore, allow foreign countries to
treat our outlying islands as insignificant pocket of land less important than the
largest islands of Luzon, Visayas and Mindanao and the waters in between as
thoroughfares open to everyone. The primary purpose of municipal waters is to
reserve our coastal waters and resources for the use of millions of our
marginalized countrymen who live in the coastal communities. Our coastal
communities number in the thousands and include millions of poor and
marginalized people directly depend on the fishery resources within our
municipal waters for their subsistence. It is in their interest that these municipal
waters are clearly delineated. Enabling the law on municipal waters empowers
them to take a direct and active role in the management and use of these
waters, and assures that the benefits of all municipal fisheries and aquatic
resources will go directly to those who most need them.

This bill seeks to amend Section 4 paragraph 58 and provide addendum on
chapter 2, article 1 of R.A. 8550 to rectify the inappropriateness of the current
definition by adopting the archipelagic principle in the definition of municipal
waters and providing additional section on Municipal Fisheries of the same
code.

In view of the foregoing, early passage of this bill is earnestly requested.

me
EB loxcter
RENZO R. TANADA Il

Representative
Fourth District, Quezon



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

2
HOUSE BILL No. __

Introduced by Hon. Lorenzo R. Tafiada Ill

AN ACT
AMENDING SECTION 4 (PARAGRAPH 58) AND PROVIDING AN ADDITIONAL SECTION ON
MUNICIPAL FISHERIES, CHAPTER 2, ARTICLE | OF R.A. 8550, ENTITLED: “AN ACT PROVIDING
FOR THE DEVELOPMENT, MANAGEMENT AND CONSERVATION OF THE FISHERIES AND
AQUATIC RESOURCES, INTEGRATING ALL LAWS PERTINENT THERETO, AND FOR OTHER
PURPOSES.”

Be it enacted by the Senate and the House of Representative of the Philippines in the
Congress assembled:

SECTION 1. Paragraph fifty-eight (58), Section 4 of the R.A. No. 8550 is hereby amended,
to read as follows:

“SEC. 4 (58). Municipal Waters - include not only streams, lakes, inland bodies of water
and tidal waters within the municipality which are not included within the protected
areas as defined under RA 7586 (The NIPAS Law), public forest, timber lands, forest
reserves or fishery reserves, but also marine waters included between two (2) lines drawn
perpendicular to the general coastline from points where the boundary lines of the
municipality touch the sea at low tide and a third line parallel with the general coastline
including offshore isiands and fifteen (15) kilometers from such coastline.

WHERE THE TERRITORY OF A MUNICIPALITY INCLUDE SEVERAL ISLANDS, THE OUTER MOST
POINTS OF SUCH ISLANDS SHALL BE USED AS BASE POINTS AND CONNECTED BY
ARCHIPELAGIC BASELINES, IRRESPECTIVE OF THE LENGTHS OF SUCH BASELINES FROM THE
MAIN COASTLINES.

Where two (2) municipalities are situated on opposite shores that there is less than thirly
(30) kilometers of marine waters between them, the third line shall be equally distant from
opposite shore of the respective municipalities

SECTION 2. Section 16 shall be amended to have two sections which shall read as follows:


“SEC. 16-A Procedure for Delineation and Delimitation of Municipal Waters:
|. Delineation of Municipal Waters

a) Use of normal baselines

(i) Where the coastline is not deeply indented or cut into, and there are no
outlying or fringing islands, reefs, or rocks, the normal baseline shall be the
low water line.

{il) The normal baseline shall determine the general coastline of the
municipality for purposes of delineation and delimitation.

(iii) The outer limits of the municipal waters of the municipality shall be
determined by a line parallel to the normal baselines and fifteen (15)
kilometers therefrom.

b) Use of straight baselines

(i) Where the coastline is deeply indented and/or there are outlying or fringing
reefs or rocks, the outermost points of the coastline may be connected
by straight baselines, provided that the length of such baselines does not
exceed thirty (30) kilometers.

{ii) In such cases, the straight baselines shall determine the general coastline of
the municipality for purposes of delineation and delimitation.

(ii) Reefs, rocks, cays, shoals, sandbars, and any other features which are
submerged during high tide shall not be used as basepoints. Neither shall
they have their own coastlines.

{iv) The outer limits of the municipal waters of the municipality shall be
determined by a line parallel to the straight baselines and fifteen (15)
kilometers therefrom.

¢} Use of municipal archipelagic baselines

{i) Where the territory of a municipality includes several islands, the outermost
points of such islands shall be used as basepoints and connected by
municipal archipelagic baselines, (provided that the length of such
baselines shall not exceed thirty (30) kilometers.)

(i) The municipal archipelagic baselines shall determine the general coastline
of the municipality for purposes of delineation and delimitation. Islands,
isles, or islets located more than thirty (30) kilometers from the mainland of
the municipality shall have their own separate coastlines.


(iii) Rocks, reefs, cays, shoals, sandbars, and other features which are

submerged during high tide shall not be used as basepoints for municipal
archipelagic baselines. Neither shall they have their own coastlines.

(iv) The outer limits of the municipal waters of the municipality shall be enclosed

by aline parallel to the municipal archipelagic baselines and fifteen (15)
kilometers therefrom.

d) Combination of baselines

A combination of normal and straight baselines, or normal and municipal
archipelagic baselines, may be used depending on the circumstances
and in the interest of simplicity in determining the general coastline and
delineating municipal waters.

ll. Delimitation of Adjacent Municipal Waters

a) Where the general coastline is not curved or irregularly shaped at the coastal terminal

b

point of the land boundary common to two (2) adjacent municipalities, the lateral
boundary shall be determined by a line perpendicular fo the general coastline at the
terminal point.

Where the general coastline at the point where the land boundary touches the sea is
curved or irregularly shaped, making the determination of a perpendicular line
impossible, the lateral boundary between two (2) adjacent municipalities may be
determined by either of the following methods, depending on the complexity of the
coastline:

b.i) Simplified bisection
The lateral boundary shall be determined as follows:

b,i.a) Examine the direction of the general coastline on both sides of the
common coastal terminal point. On each side of the common point,
draw a straight line, a short baseline, whose length shall be limited to the
point where the direction of the general coastline changes significantly
or veers to another quadrant (see Fig. 1 for illustration).

b.i.b) Draw perpendicular lines to the coastlines on both sides of the
common terminal point, passing through this common terminal point.
Bisect the angle formed by the two perpendicular lines. The bisector is
the lateral boundary of the municipal waters between the adjacent
municipalities. The bisector will extend to fifteen (15) kilometers if the
coastlines beyond the short baselines will no longer affect its
equidistance from both coastlines; otherwise, it will extend only up to a
distance beyond which the equidistance line method shall already be
applied (see Fig. 1 for illustration).


b.ii,) Equidistance line

The lateral boundary shall be determined by a line equidistant from the
coastlines of the adjacent municipalities, as determined through the use of the
baselines under Paragraphs la through Id of Section 16-A.

Ill. Delimitation of Opposite Municipal Waters

In the case of opposite municipalities which are less than thirty (30) kilometers
apart, the municipal water boundaries between them shall be determined by the
median or equidistance line between the general coastlines of the respective
municipalities, as determined through the use of the baselines under Paragraphs la
through Id of Section 16-A.

IV, Delimitation of Municipal Waters of Three or More Adjacent and Opposite
Municipalities

In cases where three or more municipalities are so situated that they have
overlapping municipal waters, the delimitation of the lateral and offshore
boundaries of their municipal waters shall be determined by the equidistance line
method. The lateral boundaries will usually end at a point which is common to
three or more municipalities, at the offshore boundary.

V. Municipal Water Boundary Delimitation AND DELINEATION Prior to Republic Act No.
8550 and this act.

Where two municipalities have actually delimited the boundaries of their
municipal waters prior to the enactment of Republic Act No. 8550 in 1998, and this
act, in accordance with the law prevailing at the time, and pursuant fo the
procedure prescribed therein, such previous boundary delimitation shall be
respected and given effect as far as may be practicable in the light of the
provisions of the Fisheries Code of 1998 and the application of the guidelines in this
act in order to respect prior vested rights.

ALL PREVIOUSLY DELINEATED MUNICIPALITIES CONSISTENT WITH THIS ACT SHALL BE
RESPECTED AND GIVEN EFFECT AS FAR AS MAY BE PRACTICABLE IN THE LIGHT OF THE
PROVISIONS OF THIS ACT.

Vi. Publication and Public Hearing
1, Public Hearing

The NAMRIA shall submit to the requesting city or municipality a preliminary
delineation of the municipal waters, and delimitation thereof with respect to any
adjacent or opposite municipality. drawn on maps or charts of appropriate scale,
and accompanied by a technical description. Such delineation and/or
delimitation shall be in accordance with the technical guidelines set forth in


Section 5B hereof.

The requesting city or municipality shall cause the publication of the map or chart

clearly showing the delineation and/or delimitation of municipal waters, through

a. Posting in prominent places in the city or municipality;

b. dissemination of copies of the same to all the component barangays; and

c. furnishing copies, through regular channels, to any cities or municipalities
affected.

In accordance with regular processes and practices, the requesting city or
municipality shall conduct the same for public hearing and consultation for the
purpose of receiving comments, inputs, suggestions, reactions, or objections to the
proposed delineation and/or delimitation. The NAMRIA shall be present at the
public hearing to document and consider such comments, inputs, suggestions,
reactions, or objections.

Adjacent or opposite municipalities may, if they so decide for purposes of
convenience and practicality, jointly hold the public hearings.

2. Disputes with Adjacent or Opposite Municipalities

If adjacent or opposite municipalities, as well as agencies having jurisdiction over
defined coastal waters, or any interested parties, raised any objection to the
preliminary delineation and/or delimitation of municipal waters, such objection
shall be made in writing, in the form of a Resolution of the Sangguniang Bayan or
Panglungsod concemed, or an official letter from the responsible officer or person,
and officially presented at public hearing.

a) Amicable Settlement Encouraged

In case of boundary conflict, this guideline shall not prevent the municipalities
concemed from negotiating or mutually agreeing to a common municipal water
boundary provided there is substantial compliance with the provisions of the law.
Such negotiated boundaries shall be submitted to the NAMRIA for verification, The
NAMRIA may also provide technical assistance and advice to the municipalities in
the course of their negotiations.

The delimitation of municipal water boundaries in accordance with a negotiated
settlement shall be certified by the NAMRIA prior to its finalization and submission
for enactment as an ordinance. Certification of such negotiated boundaries shall
not be denied under normal circumstances.

b) Ireconcilable Differences

In case the municipalities cannot settle their differences amicably through
negotiation, and the differences are based on the proper application of technical
tules and guidelines, they shall jointly submit the issue to the NAMRIA for decision.
The NAMRIA shall inform the municipalities of its decision within thirty (30) days from


the submission of the issue.
c) Disputes Before Other Fora

Where at the time of the delineation and/or delimitation, the dispute is pending
before another forum on account of substantial issues that go beyond the
application of technical rules and guidelines (¢.g., when there is a pending case
before a regular court over ownership and/or jurisdiction over islands or other
features), the NAMRIA may, in the meantime, delineate and determine the
temporary municipal water boundaries between the contesting municipalities,
without considering the contested islands or features, provided that the affected
municipalities agree to such temporary delimitation, provided further that the
temporary delimitation shall be subject to the outcome of the dispute as
determined by the concemed forum.

V. Revision and Finalization
1. Certification of Final Map.

The NAMRIA, after considering the inputs from the public hearing, or the outcome
of the dispute settlement mechanisms set forth in Paragraph 2 of Section 5C, shall
revise the delineation and/or delimitation, and within thirty (30) days from the date
of the last public hearing, or last meeting under Paragraph 1 of Section SC,
provide an official copy of the revised maps, charts, and technical descriptions to
the requesting city or municipality. Such maps, charts, and technical description
shall be duly certified by the NAMRIA Administrator as comprising the final and
definitive delineation and/or delimitation of municipal waters.

2. Enactment of Ordinance

After the receipt of the revised and certified delineation or delimitation, if any, or
of the date of the last public hearing if no revision was necessary, the requesting
city or municipality shall enact an ordinance setting forth the extent of its
municipal waters, incorporating the maps, charts, and technical descriptions
prepared and verified by NAMRIA as an integral part of the ordinance, provided
that in enacting the ordinance, no amendments shall be made to the maps,
charts, or technical descriptions prepared and approved by NAMRIA.

Once the ordinance has become final and executory, the original copy must be

submitted to the NAMRIA and official copies thereof shall be provided to the

following:

a) any adjacent or opposite municipalities affected by the delimitation;

b) the BFAR:

¢) the Regional Office of the PNP-MARIG;

d) any concerned special agency having jurisdiction over coastal waters which
may be excluded from municipal waters;

e) any affected party or sector the city or municipality may deem fit to notify:


f) the DENR field office.

3. Repository Function

The NAMRIA shall be the repository of all technical descriptions and corresponding
maps or charts of all municipal waters. An official copy of such technical
descriptions and maps or charts shall be provided to the municipality concemed.

Section 16-B. Fees and Costs For the delineation of municipal waters that would be
conducted by NAMRIA, each city/municipality shall be charged with a service fee
‘of PhP 5,000.00 plus PhP 50.00 per kilometer of coastline of the municipality
exclusive of field expenses. NAMRIA shall likewise charge a verification fee of PhP
5,000.00, wherever applicable.”

SECTION 3. Repealing Clause. — All laws, decrees, orders, rules and regulations or parts
thereof inconsistent with the Act are hereby repealed or modified accordingly.

SECTION 4. Separability Clause. - If any portion or provision of this Code is declared

unconstitutional or invalid, the portions or provisions hereof, which are not affected
thereby, shall continue in full force and in effect.

SECTION 5. Effectivity. - This Act shall take effect fifteen (15) days following its complete
publications in at least two (2) newspapers of general circulations.

APPROVED,