SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 197 1 
) 
) 
) 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
'13 tilV 27 P 3 :21 
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. 
In view of the foregoing, early passage of this bill is earnestly requested. 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
Senate Bill No. 1971 
'\3 
~V 27 P 3 :2-1 
INTRODUCED BY 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 House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Paragraph fifty-eight (58), Section 4 of the RA 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 paints 
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." 
SEC. 2. Repealing Clause. - All laws, decrees, orders, rules and 
regulations or parts thereof inconsistent with the Act are hereby repealed or 
modified accordingly. 


SEC. 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. 
SEC. 4. Effectivity. -This Act shall take effect fifteen (15) days following 
its complete publications in at least two (2) newspapers of general circulations. 
Approved,