FOURTEENTH CONGRESS OF THE 
Republic of the Philippines 
First Regular Session 
Introduced by Honorable JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Local Government Code (R.A. No. 7160) included in its definition of 
"municipal waters" inland waters and marine waters up to fifteen (15) kilometers 
from the coastline (Section 131 (r)) and gave municipalities/cities exclusive authority 
to grant fishery privileges in municipal waters. 
Preferential rights to fishery 
privileges were also given to. duly registered organizations and cooperatives of 
marginal fisherfolk (Section 149). 
The Philippine Fisheries Code (R.A. No. 8550) strengthened the jurisdiction of 
municipalities/cities over municipal waters (Section 16) and the preferential rights of 
marginal fisherfolk (Section 17). 
However, the actual delineation of municipal 
waters, specially those with offshore islands, could not be completed mainly because 
of the different interpretations of the phrase "including offshore islands" added in 
the definition of municipal waters in the Philippine Fisheries Code (Section 4(58)). 
The issue revolves around how to measure the 15 kilometers - whether to measure 
from the mainland or offshore islands. 
This bill seeks to amend Section 4(58) of R.A. No. 8550 to rectify the 
ambiguity of the current definition by adopting the archipelagic principle in the 
definition of municipal waters. The archipelagic principle 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 for 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 do not 
apply the archipelagic principle to the component units of our country, the local 
government units, we would undermine the most fundamental pillar of our concept 
of national territory. Moreover, we would deprive municipalities/cities of the full 
exercise of their jurisdiction over municipal waters and the marginal fisherfolks' 
preferential rights over fishery resources. 
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In view of the foregoing, early passage of this bill is earnestly requested. 
JERCITO ESTRAD L2 
Senator 
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FOURTEENTH CONGRESS OF THE 
Republic of the Philippines 
Fimt Regular Session 
SENATE 
Senate Bill No. 
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Introduced by Honorable SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
AMENDING SECTION 4 (PARAGRAPH 58) 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 Fhl@pines in 
the Congress assembied: 
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. 
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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. Repealing Clause. - All laws, decrees, orders, rules and 
regulations or parts thereof inconsistent with the Act are hereby repealed or 
modified accordingly. 
SECTION 3. 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. 
Approve4 
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