FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session ) ‘It HAR 10 AMO :26

SENATE
RECEIVED B
s.No._2738 ~

Introduced by Antonio “Sonny” F. Trillanes 1V_

EXPLANATORY NOTE

In 2007, this representation primarily authored in the Senate a proposed measure entitled “An
Act Defining the Archipelagic Baselines of the Philippine Archipelago, Amending for the
Purpose Republic Act No. 3046, as Amended by Republic Act No. 5446” or SBN 1467. It was
eventually substituted by SBN-2699 and became Republic Act No, 9522 on 10 March 2009.

RA No. 9522 amended the provisions of RA 3046, as amended by RA No. 5446, and effectively
defined the archipelagic baselines of the Philippines thereby delineating the boundaries of the
Philippine archipelago. It runs consistent with the provisions in Article 46 of the United Nations
Convention on the Law of the Sea (UNCLOS).

‘The UNCLOS, which entered into force on November 14, 1994, recognizes that “an archipelagic
state is 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”. Likewise, under the UNCLOS, an archipelagic state is allowed to draw straight
baselines joining the outermost points of the outer islands and drying reefs.

‘Though RA No. 9522 provided the delineation of the archipelagic baselines of the Philippines, it
failed, on the other hand, to provide and establish the archipelagic sea lanes of the Philippines as
espoused in Article 53 of the UNCLOS. This proposed measure, therefore, seeks to establish
archipelagic sea lanes in the Philippine archipelagic waters, prescribing the rights and obligation
of foreign ships and aircraft exercising the right of archipelagic sea lanes passage through the
established archipelagic sea lanes and providing for the associated measures therein.

In view of the foregoing reasons, the immediate passage of this bill is urgently sought.

—

lO “SONNY” F. TRILLANES IV
Senator

AN



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Ollie of the Secectary

‘

FIFTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES — ) . ;
First Regular Session y TT MAR 10 AIO :26
SENATE
8.No._2738

Introduced by Introduced by Antonio “Sonny” F. Trillanes IV _

AN ACT
TO ESTABLISH 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 THROUGH THE ESTABLISHED ARCHIPELAGIC SEA
LANES AND PROVIDING FOR THE ASSOCIATED PROTECTIVE MEASURES
THEREIN

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

GENERAL PROVISIONS,

SECTION 1. Title. — This Act shall be known as “The Philippine Archipelagic Sea

Lanes Act.”

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

SEC, 2. Foreign ships and aircraft may exercise the right of archipelagic sea lanes
passage in accordance with the provisions of the United Nations Convention on the Law of the
Sea (UNCLOS) in order to sail or fly from one part of the high seas or an exclusive economic
zone through or over the Philippine territorial sea and its archipelagie waters.

SEC, 3. The exercise of the right of archipelagic sea lanes passage as described in
Section 2 shall be through a sea lane, or through the ait above a sea lane, which has been
determined to be an archipelagic sea lanes passage as described in Section 11.

SEC. 4, a) Foreign ships and aircraft exercising the right of archipelagic sea lanes
passage must pass through or above the archipelagic sea lane as quickly as possible in the normal
mode solely for the purpose of continuous, expeditious and unobstructed transit.

b) Foreign ships and aircraft that are conducting archipelagic sea lanes passage must
not deviate more than twenty five (25) nautical miles to either side of the axis line of the sea


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lane, provided that such ships and aircraft must not navigate closer to the coast than ten percent
(10%) of the distance between the nearest points on islands bordering the sea lane.

c) Foreign ships and aircraft, while exercising the right of archipelagic sea lanes
passage, must refrain from any threat or use of force 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.

4) Foreign military aircraft and warships, while exercising the right of archipelagic
sea lanes passage, must refrain from any war game exercises or exercises using any type of
weapons whatsoever and ammunitions.

e) With the exception of a situation of force majeure or in the event of a disaster,
aircraft exercising the right of archipelagic sea lanes passage must refrain from landing in
Philippine territory.

f) _Alll foreign ships exercising the right of archipelagic sea lanes passage must
refrain from stopping, dropping anchor or loitering, with the exception of a situation of force
majeure or in the event of a disaster or in order to render assistance to a person or persons or a
ship or ships experiencing a disaster.

2) Foreign ships or aircraft exercising the tight of archipelagic sea lanes passage
must refrain from making covert transmissions, interfering with telecommunications systems,
and communicating directly with an unauthorized person or group of persons in Philippine
territory.

Sec. 5, Foreign ships or aircraft, including research or hydrographic survey ships of
aircraft, while exercising the right of archipelagic sea lanes passage, must refrain from
conducting oceanographic research or hydrographic surveys, whether with the use of detection
equipment or sample gathering equipment, unless they have obtained permission to do so.

Sec. 6.a) Foreign ships, including fishing ships, while exercising the right of
archipelagic sea lanes passage, must refrain from conducting fishing operations.

b) Foreign fishing ships, while exercising the right of archipelagic sea lanes passage,
besides fulfilling their obligations under paragraph (a), must stow all their fishing equipment
within the hold.

©) Foreign ships and aircraft, while exercising the right of archipelagic sea lanes
passage, must 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 in a situation of force majeure or in the event of a disaster.


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SEC.7.a) Foreign ships, while exercising the right of archipelagic sea lanes passage,
must comply with the generally accepted international regulations, procedures and practices
concerning shipping safety, including regulations relating to the prevention of collisions at sea

b) Foreign ships, while exercising the right of archipelagic sea lanes passage in a sea
lane where a traffic separation scheme has been established for the regulation of shipping safety,
must comply with the provisions of the traffic separation scheme,

c) Foreign ships, while exercising the right of archipelagic sea lanes passage, must
not cause disturbance or damage to navigational facilities or submarine cables or pipes.

4) Foreign ships, while exercising the right of archipelagic sea lanes passage in a sea
Jane where there are installations for the exploration or exploitation of living or non-living
natural resources, must not sail too close to the prohibited zone, which is determined to be of a
width of five hundred (500) meters around such an installation.

SEC. 8,a) Foreign civil aircraft exercising the right of archipelagic sea lanes passage

must:

(1) observe the Rules of the Air established by the International Civil Aviation
Organization concerning flight safety;

(2) at all times monitor the radio frequency assigned by the competent internationally
designated air traffic control authority or the appropriate international distress radio
frequency.

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

must:

(1) respect the regulations concerning flight safety as detailed in paragraph (a);

(2) fulfill their obligations as detailed in paragraph (b) 2.

SEC.9.a) Foreign ships exercising the right of archipelagic sea lanes passage must
refrain from expelling oil, oily wastes or other noxious substances into the marine environment,
or conducting other activities in contravention of international regulations and standards for the
prevention, reduction and control of marine pollution that originates from ships.

b) Foreign ships exercising the right of archipelagic sea lanes must refrain from
dumping waste in Philippine waters.

SEC. 10.a) 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 as a result of non-
compliance with any of the provisions of Sections 7, 8 and 9 while exercising the right of
archipelagic sea lanes passage in Philippine waters.


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b) The flag State shall bear international responsibility for any loss or damage
suffered by the Philippines as a result of non-compliance with any of the provisions of Sections
7, 8 and 9 by a foreign warship or aircraft while exercising the right of archipelagic sea lanes
passage.

CHAPTER I
THE DETERMINATION OF ARCHIPELAGIC SEA LANES WHICH MAY BE USED
FOR THE RIGHT OF ARCHIPELAGIC SEA LANES PASSAGE

SEC. 11.a) ‘The archipelagic sea lane that may be used for exercising the right of
archipelagic sea lanes passage for sailing from the Philippine Sea to the South China Sea or vice
versa through the Balintang Channel, is Archipelagic Sea Lane I, the axis of which is the line
that joins connecting points I-1 through to I-2 as detailed in the Coordinates Tables as defined in
Section 12, paragraph (b).

b) The archipelagic sea lane that may be used for exercising the right of archipelagic
sea lanes passage for sailing from the Philippine Sea’ to the South China Sea or vice versa
through the Surigao Strait, Bohol Sea, Sulu Sea, Nasubata Channel and Balabac Strait, is
Archipelagic Sea Lane II, the axis of which is the line that joins connecting points II-1 through to
11-6 as detailed in the Coordinates Tables as defined in Section 12, paragraph (b).

©) The archipelagic sea lane that may be used for exercising the right of archipelagic
sea lanes passage for sailing from the Celebes Sea to the South China Sea or vice versa through
the Basilan Strait, Bastern Sulu Sea and Mindoro Strait, is Archipelagic Sea Lane III, the axis of
which is the line that joins connecting points III-1 through III-8 as detailed in the Coordinates
Tables as defined in Section 12, paragraph (b).

SEC. 12.a) The archipelagic sea lane axes and connecting points mentioned in Section
11 shall be marked on navigation charts for appropriate publication.

b) The geographic coordinates for the archipelagic sea lane connecting points
mentioned in Section 11 are as detailed in the Coordinates Tables in Annexes, I, I! and IIL

©) If, as a result of a natural change, such outermost connecting points are not in the
geographic position as detailed in the Geographic Coordinates Tables defined in Section 12 (b)
then the geographic position of such outermost connecting points is determined according to the
actual situation in the field.

d) The illustrative chart displaying the axes and connecting points as detailed in
Section 11 as Annex IV.

Sec. 13, All rules and regulations relating to the Associated Protective Measures (APMs)
to be prescribed in accordance with International Maritime Organization (IMO) Conventions and.


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Regulations within areas along the archipelagic sea lanes shall be promulgated separately
through an Executive Issuance.

CHAPTER IV
OTHER PROVISIONS

See. 14, The provisions of this Act do not reduce the rights of foreign ships to exercise
the right of innocent passage in archipelagic sea lanes.

Sec, 15. All laws inconsistent with or contrary to the provisions of this Act are deemed
amended, modified or repealed accordingly.

See. 16, If any portion or provision of this Act is declared unconstitutional or invalid, the
other portions or provisions hereof which are not affected thereby shall continue to be in full

force and effect.

Sec. 17, This Act shall take effect fifteen days following its publication in the Official
Gazette or in any two newspapers of general circulation.

Approved,


ANNEX I
Philippine Archipelagic Sea Lanes Act

TABLE OF GEOGRAPHIC COORDINATES CONNECTING POINTS FOR THE AXIS
OF ARCHIPELAGIC SEA LANE I: PHILIPPINE SEA - BALINTANG CHANNEL —
SOUTH CHINA SEA

(Reference Chart/s: Publisher, Chart number, date and scale, points reflected on chart)

Reference Chart: NAMRIA Chart No. 4705, 3" Edition, March 2009, Scale 1:800,000,
WGS-84 Datum

Description of the archipelagic sea lane
The axis line connects the following geographic positions in WGS-84 Datum:
(11) 20°15°30" N; 122°19°30" B

(£2) 19°18°00” N; 121°02"06” E

Notes for the use of this archipelagic sea lane

(a) Geographic positions (I-1) to (1-2) define the axis line from the Philippine Sea to South
China Sea through the Balintang Channel


ANNEX I
Philippine Archipelagic Sea Lanes Act

TABLE OF GEOGRAPHIC COORDINATES CONNECTING POINTS FOR THE AXIS
OF ARCHIPELAGIC SEA LANE II: PHILIPPINE SEA — SURIGAO STRAIT - BOHOL
SEA ~ SULU SEA ~ NASUBATA CHANNEL - BALABAC STRAIT - SOUTH CHINA
SEA

(Reference Chart/s: Publisher, Chart number, date and scale, points reflected on chart)

Reference Charts: NAMRIA Chart No. 4707, 1" Edition, Dec 28/60, Corrected to
NM (9) 2002, Scale 1:800,000, Luzon Datum

NAMRIA Chart No. 4708, 1" Edition, Mar 1958, Corrected to
NM (7) 2002, Scale 1:809,000, Luzon Datum

Description of the archipelagic sea lane
The axis line connects the following geographic positions in WGS-84 Datum:
(U-1) 10°32°26” N; 12691311" B

(11-2) 10°32°26” N; 125°22°35" E

(1-3) 09°51°25” N; 125°21°35” E

(Il-4) 08°56°43” N; 123°46°35" B

(II-5) 07°56’56” N; 117°11’51” B

(iI-6)_ 07°31°56” N; 117°00°06” B

Notes for the use of this archipelagic sea lane

(a) Geographic positions ([I-1) to (II-3) define the axis line from Philippine Sea to the
Surigao Strait.

(b) Geographic positions ([I-3) to (II-S) define the axis line from Surigao Strait through the
Bohol Sea and Sulu Sea into the Nasubata Channel

(c) Geographic positions (11-5) to (11-6) define the axis line from Nasubata Channel through
Balabac Strait to the South China Sea


ANNEX HL
Philippine Archipelagic Sea Lanes Act

TABLE OF GEOGRAPHIC COORDINATES CONNECTING POINTS FOR THE AXIS
OF ARCHIPELAGIC SEA LANE II: CELEBES SEA — BASILAN STRAIT — SULU SEA
—MINDORO STRAIT - SOUTH CHINA SEA

(Reference Chart/s: Publisher, Chart number, date and scale, points reflected on chart)

Reference Charts: NAMRIA Chart No. 4706, Revised 06-22-87, Corrected to
NM(11)2002, Scale 1:800,000, WGS-84 Datum

NAMRIA Chart No. 4708, 1" Edition, Mar 1958, Corrected to
NM(7)2002, Scale 1:809,000, Luzon Datum

Description of the archipelagic sea lane
‘The axis line connects the following geographic positions in WGS-84 Datum:
(1-1) 06°06755” N; 123°07°04” E
(1-2) 06°41’55” N; 122°20°34” E
(UI-3) 06°47°55” N; 122°17°34” E
(II-4) 06°47°55” N; 122°05°04” E
(U-5) 06°50°55” N; 121°54°34” E
(111-6) 06°56°55” N; 121°47°25" B
(UI-7) 10°27°00" N; 121°47°21" EB
(U-8) 14°07°00” N; 119°47°18" E
‘Notes for the use of this archipelagic sea lane
(@) Geographic positions (III-1) to (III-2) define the axis line from Celebes Sea to the Basilan
rai
(b) Geographic positions (III-2) to (III-6) define the axis line through the Basilan Strait into
the Sulu Sea
(c) Geographic positions (I1I-6) to (III-7) define the axis line through East Sulu Sea

(d) Geographic positions (III-7) to (III-8) define the axis line through Mindoro Strait to the
South China Sea


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