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HOUSE OF REPRESENTATIVE!
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SEVENTEENTH CONGRESS
First Regular Session
3285

HOUSE BILL NO.

Introduced by Honorable LINABELLE RUTH R. VILLARICA

EXPLANATORY NOTE

This bill seeks to establish the archipelagic sea lanes of the Philippines
consistent with the provisions of the United Nations Convention on the Law of
the Sea (UNCLOS) to which the Philippines is a signatory.

The UNCLOS contains certain provisions related to archipelagic States.
Article 46 (a) of the UNCLOS defines an “archipelagic State” as “a State
constituted wholly by one or more archipelagos and may include other islands.”
While Article 46 (b) defines an “archipelago” as “a group of islands, including
parts of islands, interconnecting waters and other natural features which are so
closely interrelated that such islands, waters and other natural features form an
intrinsic geographical, economic and political entity, or which historically have
been regarded as such.” The UNCLOS further provides the specific rights and
duties given to archipelagic States over their land and water territory. Article 53
of the Convention allows the archipelagic State to “designate sea lanes . . .
suitable for the continuous and expeditious passage of foreign ships... through

. its archipelagic waters and the adjacent territorial sea.”

Archipelagic sea lane passage refers to the exercise by foreign vessels or
aircraft, in accordance with the provisions of UNCLOS, of the rights of
navigation and overflight in the normal mode solely for the purpose of
continuous, expeditious and unobstructed transit between one part of the high
sea or an exclusive economic zone (EEZ) and another part of the high sea or an
EEZ through or over the Philippine archipelagic waters and its adjacent
territorial sea.


This proposed measure provides for the rights and obligations of foreign
ships and aircraft when exercising the right of archipelagic sea lanes passage
and emphasizes that the exercise of said right must be consistent with the
constitutional mandate of freedom from nuclear weapons in Philippine territory.

A similar bill, House Bill No. 4888, which was substituted by House Bill
No. 5487 under Committee Report No. 574, authored by Honorable Al Francis
C. Bichara was approved by the House of Representatives on Third Reading
during the Sixteenth Congress.

In view of the foregoing, approval of this measure is earnestly sought.

Sib Marner


Republic of the Ph
HOUSE OF REPR
Quezon

NTATIVES.

ty

SEVENTEENTH CONGRESS
First Regular Session

5
HOUSE BILL xo.8 285

Introduced by Honorable LINABELLE RUTH R. VILLARICA

AN ACT
PROVIDING FOR THE ESTABLISHMENT OF THE ARCHIPELAGIC
SEA LANES IN THE PHILIPPINE ARCHIPELAGIC WATERS,
PRESCRIBING THE RIGHTS AND OBLIGATIONS OF FOREIGN
SHIPS AND AIRCRAFT EXERCISING THE RIGHT OF
ARCHIPELAGIC SEA LANES PASSAGE

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

CHAPTERI
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Philippine
Archipelagic Sea Lanes Act.”

SEC. 2. State Policy. - The State, in the exercise of its duty to protect its
maritime domain, shall implement and adhere to the provisions of the 1982
United Nations Convention on the Law of the Sea (UNCLOS) and relevant

international conventions to which the Philippines is a party.


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SEC. 3. Definition of Terms. — As used in this Act:

a) Archipelagic sea lane refers to the designated sea lanes and air routes
in the archipelagic waters through which foreign vessels or aircraft may
exercise the right of archipelagic sea lanes passage;

b) Archipelagic sea lane passage refers to the exercise, in accordance
with the UNCLOS, of the rights of navigation and overflight in the normal
mode solely for the purpose of continuous, expeditious and unobstructed transit
between one part of the high seas or an exclusive economic zone and another
part of the high seas or an exclusive economic zone;

c) Archipelagic waters refer to the waters on the landward side of the
archipelagic baselines except as defined as internal waters;

d) Associated protective measure refers to a measure that a coastal state
may adopt to regulate international maritime activities for the protection of the
area at risk;

©) Hydrographic survey refers to a survey measuring and describing the
physical features of the navigable portion of the earth's surface (seas) and
adjoining coastal areas, with special reference to their use for navigation;

f) Oceanographic survey refers to a study or examination of any
physical, chemical, biological, geological or geophysical condition in the ocean,
or any part of it;

g) Right of innocent passage refers to the right of foreign vessels to
navigate through the territorial seas of all states for the purpose of continuous
and expeditious travel or for proceeding to or from internal waters. The passage
is innocent when it is not prejudicial to the peace, good order or security of the
coastal State; and

h) Territorial sea refers to the belt of sea measured twelve (12) nautical

miles from the baselines or from the low-water line, as the case may be.

nv


CHAPTER II
RIGHTS AND OBLIGATIONS OF FOREIGN SHIPS AND AIRCRAFT
WHEN EXERCISING THE RIGHT OF ARCHIPELAGIC SEA LANES
PASSAGE

SEC. 4. Right of Archipelagic Sea Lanes Passage, ~ Foreign ships and
aircraft may exercise the right of archipelagic sea lanes passage in accordance
with the provisions of UNCLOS in order to navigate or fly from one part of the
high seas or an EEZ to another part of the high seas or an EEZ through or over
the Philippine archipelagic waters and its adjacent territorial sea. Such sea lanes
shall be defined by a series of continuous axis lines from the entry points of
passage routes to the exit points.

The exercise of the right of archipelagic sea lanes passage shall be
through a sea lane, or through the air above a sea lane, which has been
determined to be an archipelagic sea lane that may be used for exercising the
right of archipelagic sea lanes passage as described in Section 12 hereof.

SEC. 5. Obligations in the Exercise of the Right of Archipelagic Sea
Lanes Passage. — In the exercise of the right of archipelagic sea lanes passage,
the following obligations must be observed:

a) Foreign ships and aircraft shall pass through or above the archipelagic
sea lane as quickly as possible without delay and in the normal mode solely for
the purpose of continuous, expeditious and unobstructed transit;

b) Foreign ships and aircraft shall not deviate more than twenty-five (25)
nautical miles to either side of the axis line of the sea lane: Provided, That such
ships and aircraft shall not navigate closer to the coast more than ten percent
(10%) of the distance between the nearest points on islands bordering the sea
lane;

c) Foreign ships and aircraft shall refrain from any threat or use of force

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against the sovereignty, territorial integrity, or political independence of the
Republic of the Philippines, or in any other manner in violation of the principles
of international law embodied in the Charter of the United Nations;

d) Foreign ships and aircraft, including military aircraft and warships,
shall refrain from any war game exercises or exercises using any type of
weapons, especially involving the use of ordnance;

e) Foreign aircraft shall not land in Philippine territory except when
rendered necessary by force majeure or distress;

£) Foreign ships shall refrain from stopping, dropping anchor or loitering,
except when rendered necessary by force majeure or distress or in order to
render assistance to a person or persons or a ship or ships experiencing distress;
and

g) Foreign ships or aircraft shall refrain from making covert
transmissions, interfering with telecommunications systems, —_ and
communicating directly with an unauthorized person or group of persons in
Philippine territory.

SEC. 6. Permit to Conduct Oceanographic or Hydrographic Surveys. —
Foreign ships or aircraft, including research or hydrographic survey ships or
aircraft, while exercising the right of archipelagic sea lanes passage, shall not
conduct oceanographic or hydrographic surveys, whether with the use of
detection equipment or sample gathering equipment, unless prior permission to
do so from the appropriate agency of the Government of the Republic of the
Philippines has been obtained.

SEC. 7. Prohibited Acts, ~ The following are prohibited acts:

a) Foreign ships, including fishing vessels, while exercising the right of
archipelagic sea lanes passage, shall not conduct any fishing operation or

exploitation of marine resources of the Philippines and shall stow all fishing
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equipment within the hold; and

b) Foreign ships and aircraft, while exercising the right of archipelagic
sea lanes passage, shall not load to a ship or unload from a ship persons, goods
or currency in a manner that contravenes the laws and regulations concerning
customs, immigration, fiscal matters and health, except when rendered
necessary by force majeure or by distress.

SEC. 8. Compliance with Navigational Regulations, Procedures and
Traffic Scheme. — While exercising the right of archipelagic sea lanes passage,
foreign ships shall:

a) Comply with the generally accepted international regulations,
procedures and practices concerning safety of navigation, including regulations
relating to the prevention of collisions at sea;

b) Comply with the provisions of the traffic separation scheme where a
traffic separation scheme has been established for the regulation of navigation;

c) Sail at a safe distance so as not to cause disturbance or damage to
navigational facilities or submarine cables or pipes; and

d) Observe prohibited zones as determined by concemed agencies.

SEC. 9. Obligations of Foreign Civil Aircraft. — a) Foreign civil aircraft
exercising the right of archipelagic sea lanes passage shall:

i. Observe the Rules of the Air established by the International
Civil Aviation Organization (ICAO); and

ii. Monitor the radio frequency assigned by the competent
internationally designated air traffic control authority or the
appropriate international distress radio frequency at all times.

b) Foreign national aircraft exercising the right of archipelagic sea lanes
passage shall:

i. Respect the regulations concerning flight safety as detailed in
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Section 9 (a) hereof and at all times operate with due regard for
the safety of navigation; and
ii. Fulfill their obligations as detailed in Section 9 (a)(ii) hereof.

SEC. 10. Prevention of Marine Pollution and Nuclear Weapons. —
Foreign ships exercising the right of archipelagic sea lanes passage shall not
expel oil, oily wastes or other noxious substances into the marine environment,
or conduct other activities in contravention of international regulations and
standards for the prevention, reduction and control of marine pollution that
originates from ships.

Foreign ships, while exercising the right of archipelagic sca lanes
passage, shall not dump waste in Philippine waters.

Consistent with the national interest, the exercise of the right of
archipelagic sea lanes passage by all foreign ships must be consistent with the
constitutional mandate of freedom from nuclear weapons in Philippine territory.

SEC. 11. Liability for Damage. — The person or legal body responsible
for the operation or cargo of foreign commercial ships or aircraft or foreign
government ships or aircraft operated for commercial purposes shall be liable
for any loss or damage suffered by the Philippines or any third party as a result
of noncompliance with any of the provisions of this Act while exercising the
right of archipelagic sea lanes passage.

The flag State shall bear international responsibility for any loss or
damage suffered by the Philippines or any third party as a result of
noncompliance with any of the provisions of this Act by a foreign warship or
aircraft or other government ship operated for noncommercial purposes while

exercising the right of archipelagic sea lanes passage in Philippine waters.


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CHAPTER III

DESIGNATING THE ARCHIPELAGIC SEA LANES
FOR THE RIGHT OF ARCHIPELAGIC SEA LANES PASSAGE
AND INSTITUTING THE ASSOCIATED PROTECTIVE MEASURES

SEC. 12. Designation by the President of Archipelagic Sea Lanes. ~ In
pursuit of Philippine national policy, the President shall promulgate through
executive issuance the archipelagic sea lanes which may be used for the right of
archipelagic sea lanes passage and the rules and regulations relating to
associated protective measures to be prescribed, within areas along the
archipelagic sea lanes in accordance with the International Maritime
Organization (IMO) conventions and regulations and other relevant
international agreements.

CHAPTER IV
FINAL PROVISIONS

SEC. 13. Right of Innocent Passage. — The provisions of this Act shall
not diminish the rights of foreign ships to exercise the right of innocent passage
in archipelagic sea lanes.

SEC. 14. National Coast Watch System. — The National Coast Watch
System, created by virtue of Executive Order No. 57, Series of 2011, under the
control and supervision of the Office of the President, shall serve as the
authority to institute coordinating mechanisms for the implementation of this
Act and shall continue to operate in accordance with its present organizational
structure.

In addition to its powers, functions, and duties, the National Coast Watch
Council shall provide technical and advisory support to the President in
designating the archipelagic sea lanes. Further, the National Coast Watch Center

shall establish, monitor, and implement associated protective measures for the
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designated archipelagic sea lanes.

SEC. 15. Separability Clause. — If any provision or part of this Act is
declared unconstitutional or invalid, the remaining parts or provisions not
affected shall remain in full force and effect.

SEC. 16. Repealing Clause. — All laws, executive orders, issuances,
decrees, rules and regulations inconsistent with or contrary to the provisions of
this Act are hereby repealed, amended or modified accordingly.

SEC. 17. Effectivity. - This Act shall take effect fifteen (15) days after

its publication in the Official Gazette or in a newspaper of general circulation.

Hifillasers

Approved,