Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
Second Regular Session 
HOUSE BILL NO. _______ 
____________________________________________________________________ 
Introduced by HON. GUS S. TAMBUNTING 
AN ACT CREATING THE WEST PHILIPPINE SEA AUTHORITY, PRESCRIBING 
ITS POWERS AND FUNCTIONS, AND APPROPRIATING FUNDS THEREFOR 
EXPLANATORY NOTE 
This August 2023, it was reported that two vessels of the Philippines Coast Guard were 
on what was supposed to be a normal resupply mission 120 miles off the coast of 
Palawan, when they ran into a Chinese blockade. After a Chinese vessel fired its water 
cannon at one Philippine ship, it then moved to block it from advancing. The second 
Philippine ship was able to pass through the blockade, completing the supply mission. 
The confrontation took place around the Second Thomas Shoal, part of the Spratly 
Islands in the South China Sea. The area is claimed by several countries and has been 
a site of repeated run-ins between Chinese and Philippine ships. 
The 2016 landmark ruling by the Permanent Court of Arbitration affirmed the 
Philippines' sovereign rights over its exclusive economic zone and invalidated China's 
expansive maritime claims. This legislation is closely aligned with the arbitration ruling 
and aims to assert the Philippines' rightful position in the West Philippine Sea 
This bill addresses the urgent need to establish a specialized governing body dedicated 
to the protection, management, and sustainable development of the maritime resources 
and territories within the West Philippine Sea. This is a specialized authority dedicated 
to upholding the Philippines' sovereign rights, protecting its maritime resources, and 
contributing to regional stability and cooperation. This region, encompassing a 
significant portion of the country's exclusive economic zone, holds vital economic, 
environmental, and strategic importance for the Philippines. This proposed act seeks 
to address the complexities and challenges associated with the West Philippine Sea by 
outlining a clear framework for the establishment and operation of the West Philippine 
Sea Authority. 
On behalf of the people of Parañaque City’s Second District, and for the common good 
of the Filipino people, the approval of the said measure is earnestly sought. 
September 4, 2023
9:38 am
9027


REP. GUS S. TAMBUNTING 
2nd District, Parañaque City 


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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
Second Regular Session 
HOUSE BILL NO. _______ 
______________________________________________________________________ 
Introduced by HON. GUS S. TAMBUNTING 
______________________________________________________________________ 
AN ACT CREATING THE WEST PHILIPPINE SEA AUTHORITY, PRESCRIBING ITS 
POWERS AND FUNCTIONS, AND APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Title – This Act shall be known as the “West Philippine Sea Development 
Authority Act”.  
SECTION 2. Declaration of Policy – It is hereby declared a national policy to protect the 
nation’s maritime wealth within its Exclusive Economic Zone, and reserve its use and 
enjoyment exclusively to Filipino citizens, particularly within the West Philippine Sea.  
SECTION 3. Creation - In pursuance of said policy, there is hereby created a body corporate 
to be known as the West Philippine Sea Development Authority which shall be attached to 
the Office of the President.  
The Authority shall be governed by the provisions of Republic Act No. 10149, otherwise known 
as the “GOCC Governance Act of 2011”, and be subject to the regulatory jurisdiction of the 
Governance Commission for GOCCs (GCG).  
SECTION 4. Jurisdiction – The Authority shall have primary jurisdiction over the development, 
management, conservation, protection, and utilization of all resources within the West 
Philippine Sea Exclusive Economic Zone of the Philippines, as defined by Administrative 
Order No. 29, s. 2012, and as enunciated in the United Nations Permanent Court of Arbitration 
Ruling in PCA Case No. 2013-19 In the Matter of The South China Sea Arbitration between 
The Republic of Philippines and The People’s Republic of China dated 12 July 2016, except 
for municipal waters, which shall remain under the jurisdiction of Local Government Units 
(LGU).  
For purposes of this Act, the Philippines’ Exclusive Economic Zone in the West Philippine Sea 
pertains to the maritime areas within 200 nautical miles from the baselines on the western 
side of the Philippine archipelago, including the Luzon Sea as well as the waters around, 
within and adjacent to the Kalayaan Island Group and Bajo De Masinloc, also known as 
Scarborough Shoal.  
9027


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The Authority shall exercise revenue-generating functions arising from, but not limited to, 
capture of fish and fishery products, processing and marketing of all fisheries and aquatic 
products, marine energy exploration and development, coastal and marine tourism within its 
jurisdiction.  
 
The Authority shall supervise and regulate the production and capture of fish and fishery 
products within its jurisdiction, as well as the processing and marketing of all fisheries and 
aquatic products within its jurisdiction.  
 
The Authority shall partake in rationalizing all ocean sector initiatives within its jurisdiction 
which impact fish and marine resources or their habitat, including, but not limited to marine 
energy exploration and development, coastal and marine tourism, designation of shipping 
lanes and protected areas.  
 
SECTION 5. Capitalization and Funding. — The Authority shall have an authorized capital 
stock of Two Billion Pesos (Php 2,000,000,000.00) divided into two billion (2,000,000,000) 
shares having a par value of One Peso (Php 1.00) each, to be fully subscribed and paid by 
the National Government.  
 
SECTION 6. Powers and functions of the Authority - The Authority shall have the following 
powers and functions:  
a) To act as central administrative and coordinating body, particularly of other national 
government agencies and local government units that are responsible for fisheries, ecological 
protection, marine life and species, energy and other environmental issues within its 
jurisdiction;  
 
b)  To administer, manage and develop the area covered by its jurisdiction;  
 
c)  To enhance economic development opportunities that will provide sustainable  
financial improvements benefiting the local environment and the economic quality of life for 
Local Government Units (LGUs) bordering the area;  
 
d) To accept any local or foreign investment, business or enterprises and to raise revenues 
from among, but not limited to the following:  
1) fees, tolls, charges, rentals and the like for the use of the waters for all beneficial 
purposes, including but not limited to, fishery, recreation, industrial, agricultural navigation and 
irrigation, as well as for the use of Authority properties, facilities and equipment;  
2) fees, tolls, charges, rentals and the like arising from marine energy exploration and 
development, coastal and marine tourism;  
3)  periodic license fees and/or applications;  
4)  proceeds from administrative fines and penalties which may be imposed pursuant 
to rules and regulations to be promulgated by the Board;  
5) donations, grants, assistance and contributions of all kinds from the National 
Government, LGUs, and foreign governments and privately-owned entities and utilize the 
same;  
 
e) To adopt and implement measure and standards for environmental pollution control of all 
areas with its territory and to enforce the same;  
 
f) To protect marine life and species, improve water quality in the area by: 


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1) Permanently protecting marine life that are dependent on the area’s ecosystem; 
2) Restoring the long-term stable aquatic and shoreline habitat for marine life that 
depend 
on 
the 
area; 
3) Protecting water quality by minimizing pollutants and other sources of water quality 
problems; 
and 
4) Making, altering or modifying orders requiring the discontinuance of pollution, 
specifying the conditions and the time within which such discontinuance must be 
accomplished.  
 
g) To undertake and regulate the establishment, operation and maintenance of utilities, other 
services and infrastructure in the area;  
 
h) To exercise exclusive jurisdiction to issue permits for the use of all surface water for any 
projects or activities in or affecting the said area including navigation, construction, and 
operation of fishpens, fish enclosures, fish corrals and the like;  
 
i) To exercise exclusive jurisdiction to issue permits and licenses for use in marine energy 
exploration and development, as well as coastal and marine tourism;  
 
j) To issue licenses for the operation of commercial fishing vessels and permits for the conduct 
of fishery activities subject to the specific carrying capacities of the resource as determined 
by studies or other reliable evidence, with preference being given to the local communities 
living within bordering municipalities;.  
 
k) To adopt, prescribe, and promulgate rules and regulations governing the procedures of the 
Authority with the respect to the issuance of permits, procedures and guidelines concerning 
the classification, establishment, construction, maintenance and operation of all fishing ports 
and the operation of businesses therein, except those which are owned and operated by 
LGUs;  
 
l) To issue, renew, or deny permits, under such conditions as it may determine to be 
reasonable for the prevention and abatement of pollution;  
 
m) To collect fees, tolls, charges, rentals and the like for the use of the waters for all beneficial 
purposes, including but not limited to, fishery, recreation, industrial, agricultural navigation and 
irrigation, as well as for the use of Authority properties, facilities and equipment. Provided, 
that the rates of the fees to be collected, and the sharing with other government agencies and 
LGUs bordering the area;  
 
n) To adopt, alter and use a corporate seal; make contracts, leases, own, or otherwise dispose 
of personal or real property; sue and be sued; to form, establish, organize and maintain a 
subsidiary corporation; and, otherwise, carry out its functions and duties as provided for in 
this Act; and  
 
o) To exercise such other powers and functions as may necessary and proper for the effective 
implementation of this Act.  
 
SECTION 7. Power to Issue Bonds  
 
a)  The Authority may be authorized to issue bonds and other securities and enter into  


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any form of indebtedness to finance its projects and programs: Provided, That only so much 
of such bonds and securities as the annual project implementation would require shall be 
issued and sold: Provided, further, That no bonds and securities shall be issued unless eighty 
percent (80%) of those already issued have been sold: Provided, furthermore, That the total 
amount of the bonds or securities and long-term debts issued shall in no case exceed twenty 
(20) times the paid-up capital and surplus of the Authority: Provided, finally, That in no 
instance shall the sovereign guarantee of the Republic of the Philippines be required or 
allowed.  
 
b)  The Authority, in consultation with the Secretary of Finance and the Monetary Board, shall 
prescribe the form, the rate of interest and denomination, maturities, negotiabilities, call or 
redemption features and all other terms and conditions for the bonds and securities to be 
issued.  
 
c)  The bonds and securities issued under this Act, including the income thereof shall be 
exempted from all kinds of local taxes and from attachment, execution and seizure which facts 
shall be stated on the face thereof.  
 
SECTION 8. Board of Directors 
 
a) The Authority shall be governed and its activities be directed, controlled and managed by 
a Board of Directors composed of seven (7) full-time Members, headed by a Chairman, who 
shall be appointed by the President of the Philippines from a shortlist submitted by the 
GCG and in accordance with the Fit and Proper Rule as determined by the GCG in 
accordance with the provisions of Republic Act No. 10149.  
 
b)  The Chairman shall have a term of five (5) years but may be renewed for a non- extendible 
period of one (1) year; Provided, that the term of the initial appointees shall be staggered 
such that the Chairman shall hold office for a term of five (5) years; the next three (3) 
members for three (3) years and the other three (3) members for two (2) years.  
 
c)  Upon the expiration of their respective terms, they shall continue to serve until their 
successor shall have been appointed and qualified. In case a member fails to complete his 
term, his successor shall only serve the unexpired portion of the term of his predecessor.  
 
d)  A member may be removed from office by the President for cause in accordance with the 
Civil Service rules and regulations.  
 
e)  The members of the board may receive per diems, allowances, and incentives in 
accordance with the guidelines promulgated by the GCG.  
 
f)  The Board shall meet regularly at least once a month, but special meetings may be called 
either by the Chairperson or by four (4) members of the Board, when necessary. Four (4) 
members of the Board shall constitute a quorum and any approval of business shall require 
the concurrence of at least four (4) members.  
 
SECTION 9. Powers, Functions and Duties of the Board of Directors. – The Board shall have 
the following powers, functions and duties:  
 
a)  To direct the management, operations, and administration of the Authority;  


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b)  To approve the organizational structure of the Authority, define the duties and 
responsibilities of all officials and employees and approve a compensation and  
benefit scheme;  
 
c)  To formulate, revise or adjust periodically all policies, and to promulgate the  
necessary rules and regulations and manuals of procedures for the effective  
implementation off this Act;  
 
d)  To approve the annual and/or supplemental budgets of the Authority and authorize  
such expenditures by the Authority as are in the interest of its effective administration  
and operations;  
 
e)  To submit an annual report of the operation of the Authority to the President of the  
Philippines, President of the Senate and Speaker of the House of Representatives;  
and  
 
f)  To exercise such other powers as may necessary and proper for the effective  
enforcement of this Act and to accomplish the purposes for which the Authority was organized; 
and to do and to perform any and all acts and incidental to the attainment of all the purposes 
of the Authority.  
 
SECTION 10. The Executive Director –  
 
a)  The Authority shall have an Executive Director who shall be appointed by the  
Chairman.  
 
b)  No person shall be appointed Executive Director unless he is at least thirty five (35)  
years of age at the time of his appointment, and who has at least ten (10) years experience 
in the field of administration, management, and area development prior to the date of his 
appointment. He must not have been a candidate for any elective position in the elections 
immediately preceding his appointment.  
 
SECTION 11. Powers, Functions and Duties of the Executive Director - The Executive 
Director shall have the following powers, duties and responsibilities:  
 
a)  To submit to the Board for consideration policies, plans and programs which, in his 
judgment, are necessary to carry out the purposes and provisions of this Act;  
 
b)  To prepare the budget of the Authority for approval of the Board;  
 
c) To execute, administer and implement the policies and measures approved by the Board;  
 
d)  To direct and supervise the operations and internal administration of the Authority. He may 
delegate certain administrative responsibilities to other officers of the Authority subject to the 
rules and regulations of the Board;  
 
e)  To appoint all employees of the Authority except the heads of the departments and 
divisions whose appointments shall be made by the Board of Directors upon his 
recommendation;  
 


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f)  Recommend the number and salaries of, appoint the subordinate officers and personnel of 
the Authority, and remove or otherwise discipline for cause any officer or employee: Provided, 
That in all cases the Authority shall be covered by Republic Act No. 6758, as amended by 
Joint Resolution Nos. 1, series of 1994, and 4, series of 2009, the Compensation and Position 
Classification System for GOCCs under Republic Act No. 10149, as approved by the 
President of the Philippines: Provided, further, That prior approval from the GCG shall be 
obtained therefor;  
 
g)  To represent the Authority in all dealings with other offices, agencies and instrumentalities 
of the Government and with all persons and entities, public or private; and  
 
h)  To exercise such other powers as may be vested in him by the Board.  
 
SECTION 12. Organizational Structure of the Authority  
a)  The Executive Director shall prepare the organizational structure of the Authority that  
would best carry out its powers and functions, and attain the objectives of this Act  
and shall present the same to the Board for its approval.  
 
b)  Subject to approval of the Board, the Executive Director shall likewise determine the  
rates of allowances, honoraria and other additional compensation, which the Authority is 
hereby authorized to grant its officers, technical staff, consultants and personnel detailed to 
it.  
 
SECTION 13. Applicability of the Corporation Law. — The provisions of the Corporation Law, 
as amended, insofar as they are not inconsistent with this Act shall be applicable to the 
operations of the Authority.  
 
SECTION 14. By Laws and Rules and Regulations. — The Board of Directors shall adopt its 
By-Laws promulgate the rules and regulations to implement the provisions of this Act which 
shall take effect upon approval by the President of the Philippines.  
 
SECTION 15. Separability Clause. – If, for any reason, any provisions of this Act is declared 
invalid or unconstitutional, the other part or parts thereof which are not affected thereby shall 
continue to be in full force and effect.  
 
SECTION 16. Repealing Clause. – All laws, decrees, executive orders, issuances, or rules 
and regulations, or portions thereof, that are inconsistent with this Act or any provision or 
provisions, thereof, are repealed or modified accordingly.  
 
SECTION 17. Effectivity. – This Act shall take effect fifteen (15) days after its publication in 
two (2) newspapers of general circulation.  
 
Approved,