Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City iv
SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 2720

Introduced by Representatives Walden F. Bello and
Ibarra M. Gutierrez 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,

03 SEP 2013:


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

LLY

WALDEN F+BELLO

abe She m


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILLNo.__2720

Introduced by Representatives Walden F. Bello and
Ibarra M. Gutierrez III

AN ACTAMENDING SECTION 4 (PARAGRAPH 58) AND PROVIDING
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 islands 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 thirty (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 include another section,
to be read as follows:

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

1 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.

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

fii, 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.


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

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.

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

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.

ii. The municipal archipelagic baselines shall determine the

general coastline of the municipality for purposes of
delineation and delimitation.

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 a line parallel to the municipal
archipelagic baselines and fifteen (16) kilometers therefrom.


@) 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.

Delimitation of Adjacent Municipal Waters

a) Where the general coastline is not curved or irregularly shaped
at the coastal terminal point of the land boundary common to
two (2) adjacent municipalities, the lateral boundary shall be
determined by a line perpendicular to the general coastline at
the terminal point.

b)

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,j) 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)


bib) 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 (1) 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.

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.

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


Vi.

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.

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 to 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.

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

@) 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

. 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 concerned, 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 concerned from negotiating
or mutually agreeing to a common municipal water
boundaries 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) Irreconcilable Differences

In case the municipalities cannot settle their
differences amicably through negotiation, and the
differences are based on the proper application of
technical rules and guidelines, they shalll 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.

o)

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 (e.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 concerned 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 5C, 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;

the BFAR;

the Regional Office of the PNP-MARIG;

any concerned special agency having jurisdiction over

b)
°)
qd)

coastal waters which may be excluded from municipal
waters,

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 concerned.

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. — Alll 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,