NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
of !l)c sjr;
24 MAY-8 P5:49
SENATE
RECEIVtO BY
s. B. No. 2665
(In substitution of Senate Bill Nos. 78, 462, 1490, 2395, 2438, and 2606 
taking into consideration House Bill No. 9034)
Prepared by the Special Committee on Philippine Maritime and Admiralty Zones with 
Senators Pimentel III, Ejercito Estrada, Revilla Jr., Gatchalian, Tulfo, Dela Rosa and 
Tolentino, as authors thereof.
AN ACT
AUTHORIZING THE PRESIDENT OF THE PHILIPPINES TO ESTABLISH THE 
ARCHIPELAGIC SEA LANES IN PHILIPPINE ARCHIPELAGIC WATERS, 
PRESCRIBING THE OBLIGATIONS OF FOREIGN SHIPS AND AIRCRAFT 
EXERCISING ARCHIPELAGIC SEA LANES PASSAGE THROUGH THE 
DESIGNATED ARCHIPELAGIC SEA LANES, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section. 1. Short Title. - This Act shall be known as the "Philippine Archipelagic Sea
2 
Lanes Act".
3 
Sec. 2. Declaration of Policy. - It is hereby the declared policy of the State to
4 
ensure the protection of its maritime domain and to safeguard the sovereignty of the
5 
State and the integrity of the national territory. Towards this end, the State shall
6 
adhere to and implement the provisions of the 1982 United Nations Convention on the
7 
Law of the Sea (UNCLOS) and other relevant conventions to which the Philippines is
8 
a party.


1 
Consistent with the national interest, the State likewise reiterates its policy of adopting
2 
and pursuing freedom against nuclear weapons in its territories, as enunciated in
3 
Article II Section 8 of the 1987 Constitution.
4 
Sec. 3. Scope of Application. - This Act shall govern the exercise of archipelagic sea
5 
lanes passage through established and designated archipelagic sea lanes by foreign
6 
ships and aircraft: Provided, That pending the establishment and designation of the
7 
said archipelagic sea lanes, ships and aircraft passing through routes normally used
8 
for international navigation and overflight shall comply with the provisions of this Act.
9 
Sec. 4. Definition of Terms. - For the purposes of this Act, the following terms shall 
10 be defined as follows:
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28 
29
(a) Archipelagic sea lanes refer to the designated sea lanes in the 
archipelagic waters and air routes thereabove through which foreign 
vessels or aircraft may exercise the right of archipelagic sea lanes passage;
(b) Archipelagic sea lanes passage refers to the exercise of the rights of 
navigation and overflight in the normal mode solely for the purpose of 
continuous, expeditious, and unobstructed transit between one part of the 
high seas or an exclusive economic zone (FEZ) and another part of the 
high seas or an EEZ: Provided, That such passage is not prejudicial to the 
peace, good order, and security of the Philippines;
(c) Archipelagic waters refer to the waters on the landward side of the 
archipelagic baselines as defined in the Philippine Maritime Zones Act;
(d) Associated protective measures refer to measures that the Philippines 
may adopt to regulate international maritime activities for the protection 
of areas at risk from navigation and overflight. These shall include all 
measures adopted or to be proposed for adoption in accordance with the 
regulations of the International Maritime Organization (IMO);
(e) Bioprospecting refers to the research, collection, and utilization of 
biological and genetic resources for purposes of applying the knowledge 
derived therefrom for commercial purposes;


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
(f) 
Hydrographic survey refers to a survey having for its principal purpose 
the determination of data relating to bodies of water. A hydrographic 
survey may consist of the determination of one or several of the following 
classes of data: depth of water; configuration and nature of the bottom; 
directions and force of currents; heights and times of tides and water 
stages; and location of topographic features and fixed objects for survey 
and navigation purposes;
(g) Oceanographic survey refers to a study or examination of any physical, 
chemical, biological, geological, or geophysical condition in the ocean or 
any part of it. It is an expedition to gather data, samples, or information 
to conduct such studies or examinations;
(h) Right of innocent passage refers to the continuous and expeditious 
passage of foreign vessels through the territorial sea that is not prejudicial 
to the peace, good order, or security of the Philippines. The passage 
includes stopping and anchoring, but only insofar as the same are 
incidental to ordinary navigation or are rendered necessary by force 
majeure or distress or for the purpose of rendering assistance to persons, 
ships, or aircraft in danger or in distress. Passage shall be considered as 
prejudicial to the peace, good order, or security of the Philippines if, in the 
territorial sea, the vessel engages in any of the activities enumerated in 
Article 19 of the UNCLOS. Subject to Article 53 and without prejudice to 
Article 50 of UNCLOS, ships of all States shall also enjoy the right of 
innocent passage through archipelagic waters;
(i) 
Traffic Separation Scheme refers to a routeing measure aimed at the 
separation of opposing streams of traffic by appropriate means and by the 
establishment of traffic lanes; and
(j) 
Territorial sea refers to the adjacent belt of sea measured twelve (12) 
nautical miles from the baselines as defined in the Maritime Zones Act.
29 
Sec. 5. Right of Archipelagic Sea Lanes Passage. - Foreign ships and aircraft, in
30 
accordance with the provisions of UNCLOS on archipelagic sea lanes passage, may
31 
exercise the rights of navigation and overflight from one part of the high seas or an


1 
EEZ to another part of the high seas or an EEZ through or over the Philippine
2 
archipelagic waters and its adjacent territorial sea.
3 
Archipelagic sea lanes shall be defined by a series of continuous axis lines and specific
4 
coordinates from entry points of passage routes to the exit points, drawn over
5 
archipelagic waters.
6
7
8
9
10
11
12
13
14
15
16
The right of archipelagic sea lanes passage shall be exercised through a sea lane or 
the air route above a sea lane that has been established and designated to be an 
archipelagic sea lane for that purpose.
Sec. 6. Archipelagic Sea Lanes. - The system of archipelagic sea lanes in the 
Philippine Archipelagic Waters shall be defined by connecting the coordinates of the 
following axis lines:
(a) 
Philippine Sea - Balintang Channel - West Philippine Sea.
(b) 
Celebes Sea - Sibutu Passage - Sulu Sea - Cuyo East Pass - Mindoro Strait - 
West Philippine Sea.
(c) 
Celebes Sea - Basilan Strait - Sulu Sea - Nasubata Channel - Balabac Strait 
- West Philippine Sea.
17 
Passage through the said sea lanes and air routes may be undertaken in both
18 
directions between the entry and exit points.
19 
Sec. 7. Establishment of Archipelagic Sea Lanes. - In accordance with the
20 
UNCLOS and the general guidelines and procedures of the IMO, a system of
21 
archipelagic sea lanes, through which foreign vessels and aircraft shall exercise the
22 
right of archipelagic sea lanes passage, shall be established and designated by the
23 
President, with the assistance of competent government agencies following the routes,
24 
and the factors and/or reasons outlined in the succeeding sections.
25 
Sec. 8. Factors for Selection.- The following factors shall be considered by the
26 
President in the identification, proposal, and designation of the coordinates of the
27 
archipelagic sea lanes specified in Section 6 hereof, as well as in the establishment
28 
and designation of any additional or substitute sea lanes or air routes:


1 
archipelagic sea lanes specified in Section 6 hereof, as well as in the establishment
2 
and designation of any additional or substitute sea lanes or air routes:
3 
(a) National security and public safety;
4 
(b) Safety of navigation, particularly to safeguard life and property at sea,
5 
both domestic and international;
6 
(c) The presence of Particularly Sensitive Sea Areas designated, or to be
7 
designated, in accordance with international law;
8 
(d) Protection of fishing grounds and key biodiversity areas in Philippine
9 
waters;
10 
(e) Management of risks of pollution on account of ship operations and
11 
accidents;
12 
(f) Suitability for continuous, expeditious, and unobstructed transit from
13 
one part of the EEZ or high seas to another part of the EEZ or high
14 
seas; and
15 
(g) Non-duplication of routes of similar convenience between the same
16 
entry and exit points into archipelagic waters.
17 
Sec. 9. Additional Archipelagic Sea Lanes.- Additional archipelagic sea lanes may
18 
be established and designated by the President upon clear and compelling reasons,
19 
considering the factors enumerated in Section 8 above and UNCLOS.
20 
Sec. 10. Substitution of Archipelagic Sea Lanes.- The President, in the interests
21 
of national security, safety of navigation, and the public interest, upon formal
22 
notification to Congress and due publicity, may substitute other archipelagic sea lanes
23 
for any archipelagic sea lanes previously established and designated: Provided, That
24 
the factors for selection have likewise been duly considered and adequate measures
25 
for protection of Philippine interests have been prepared: Provided, Further, That the
26 
substitution is likewise carried out in accordance with the guidelines and procedures
27 
of the IMO.
28 
Sec. 11. Consultation with the Competent International Organization. -
29 
Consistent with Article 53 of UNCLOS and previous Sections of this Act, the President,
30 
upon consultation with appropriate agencies and acting through the Department of


1 
Foreign Affairs (DFA), shall, within one (1) year from the effectivity of this Act, consult
2 
with the IMO with a view towards the adoption of such sea lanes and air routes:
3 
Provided, That, the IMO may adopt only such sea lanes and air routes as my be agreed
4 
with the Philippines.
5 
Sec. 12. Effectiveness of Designation. - Upon the IMO's adoption of the Philippines'
6 
proposal and due publicity, the President shall issue a proclamation establishing and
7 
designating the archipelagic sea lanes containing the specific coordinates defining the
8 
axis lines of all the archipelagic sea lanes, which shall take effect six months after such
9 
issuance.
10 
The National Mapping and Resource Information Authority (NAMRIA) shall cause the
11 
publication and submission of the charts depicting the coordinates of the sea lanes to
12 
the IMO after the establishment and designation by the President. The information on
13 
the coordinates of the air routes above the archipelagic sea lanes shall likewise be
14 
submitted to the IMO together with the charts of the sea lanes.
15 
Sec. 13. Non-Diminution of Rights. - The provisions of this Act shall not diminish
16 
the rights of foreign ships to exercise, as defined under Section 4(h), the right of
17 
innocent passage in the archipelagic waters outside of the archipelagic sea lanes:
18 
Provided, That sea lanes, traffic separation schemes, and other associated protective
19 
measures for the safety of navigation and life at sea may be prescribed for the exercise
20 
of the right of innocent passage through such waters.
21 
Sec. 14. Obligations in the Exercise of the Right of Archipelagic Sea Lanes
22 
Passage. - In the exercise of the right of archipelagic sea lanes passage, the following
23 
obligations must be complied:
24 
(a) Foreign ships and aircraft shall pass through or above the archipelagic sea
25 
lane as quickly as possible without delay and in the normal mode solely for
26 
the purpose of continuous, expeditious, and unobstructed transit;
27 
(b) Foreign ships and aircraft shall not deviate more than 25 nautical miles on
28 
either side of such axis lines during the passage: Provided, That such ships
29 
and aircraft shall not navigate closer to the coasts than ten percent (10%)


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
of the distance between the nearest points on islands bordering the sea 
lane: Provided, Further, That aircraft shall not traverse over or through the 
airspace of any islands or land territories of the Philippines, even if located 
within 25 nautical miles of the axis lines;
(c) Foreign aircraft shall not land in Philippine territory except when rendered 
necessary by force majeure or distress;
(d) Foreign ships shall refrain from stopping, dropping anchor, or loitering, 
except when rendered necessary by force majeure or distress or to render 
assistance to persons, ships or aircraft in danger or distress: Provided, That 
vessels anchoring on account of force majeure or to render assistance to 
persons, ships or aircraft in danger or distress may be subject to boarding 
and inspection by Philippine government vessels;
(e) Foreign ships or aircraft shall refrain from any activity other than those 
incidental to continuous, expeditious, and unobstructed transit unless 
rendered necessary by force majeure or by distress, in which case such shall 
be subject to Philippine approval, when appropriate;
(f) Foreign ships or aircraft shall refrain from making covert transmissions, 
interfering with telecommunications systems, and communicating directly 
with unauthorized person or group of persons in Philippine territory;
(g) Foreign ships or aircraft shall keep their automatic identification systems 
(AIS), transponders, or other means of identification and communication 
turned on throughout their passage through Philippine archipelagic waters 
and shall duly respond to communications from the Philippine Coast Guard 
(PCG), Civil Aviation Authority of the Philippines (CAAP), and other agencies 
of the government of the Republic of the Philippines; and
(h) Foreign nuclear-powered ships and ships carrying inherently dangerous or 
noxious substances shall carry documents and observe special 
precautionary measures established for such ships by applicable 
international conventions or agreements when traversing the Philippine 
archipelagic waters in the exercise of archipelagic sea lanes passage or 
innocent passage; Provided, That in exercise of said rights, the declared 
policy in the second paragraph of Section 2 is observed and complied with.


1 
Sec. 15. Prohibition of the Threat or Use of Force and Passage Prejudicial to
2 
the Security of the Philippines. - Foreign ships and aircraft exercising the right of
3 
archipelagic sea lanes passage shall not engage in threat or use of force against the
4 
sovereignty, territorial integrity, or political independence of the Republic of the
5 
Philippines or in any other manner in violation of the principles of international law
6 
embodied in the Charter of the United Nations.
7 
Sec. 16. Prohibition on War Games and Other Military Exercises. - Foreign
8 
ships and aircraft, including military warships and military aircraft, shall not undertake
9 
or engage in any war games or other military exercises, especially those involving the
10 
use of any type of weapons and/or ordnance, intelligence gathering, surveillance, or
11 
reconnaissance assets or equipment. Such foreign ships or aircraft shall pass without
12 
delay through or over the sea lanes and air routes in the normal mode solely for
13 
continuous, expeditious, and unobstructed transit: Provided, That military exercises
14 
undertaken by foreign warships and military aircraft together with the warships and
15 
military aircraft of the Philippines, in Philippine archipelagic waters, under applicable
16 
international defense agreements, shall be exempted from this prohibition: Provided,
17 
Further, That the Philippines shall give publicity to any danger to navigation or
18 
overflight within or over the sea lanes in relation to such exercise: Provided, Finally,
19 
That the foregoing provisions shall not prejudice the right of the Philippines to
20 
establish reasonable and appropriate measures that protect its national security
21 
without unduly hampering or denying the exercise of the rights of archipelagic sea
22 
lanes passage and innocent passage.
23 
Sec. 17. Prohibition Against Marine Pollution. - Foreign ships and aircraft
24 
exercising archipelagic sea lanes passage shall not:
25
26
27
28 
29
(a) Discharge oil, oily wastes, solid waste, other noxious substances, or ballast 
water in Philippine territory and maritime zones;
(b) Discharge sewage, garbage, and air emissions in violation of existing 
conventions on the prevention of pollution from ships in Philippine territory 
and maritime zones; and


1 
(c) Conduct any other activities that violate Philippine laws and international
2 
regulations and standards for the prevention, reduction, and control of
3 
marine pollution,
4 
Sec. 18. Prohibition Against the Conduct of Research and Survey Activities.
5 
- Foreign ships or aircraft, including marine scientific research or survey ships or
6 
aircraft, while exercising the right of archipelagic sea lanes passage, shall not conduct
7 
oceanographic or hydrographic surveys or any other research or survey activities,
8 
whether with the use of detection equipment or sample gathering equipment, unless
9 
they have obtained prior permission to do so from the appropriate agency of the
10 
Government of the Republic of the Philippines. Foreign ships or aircraft shall not
11 
interfere with the survey or marine scientific research activities carried out by the
12 
Philippines in the sea lanes or air routes thereabove.
13 
Sec. 19. Prohibition of Fishing, Marine Bioprospecting, Loading, Unloading
14 
of Persons, Goods, or Currency. -
15
16
17
18
19
20 
21 
22
23
24
25
(a) Foreign ships, including fishing vessels, while exercising the right of 
archipelagic sea lanes passage, shall not conduct any fishing operation, 
marine bioprospecting, or exploitation of marine resources of the 
Philippines.
(b) Foreign fishing vessels exercising the right of archipelagic sea lanes 
passage shall stow all fishing equipment within the hold, in addition to 
fulfilling their obligations under paragraph (a) herein.
(c) Foreign ships and aircraft, while exercising the right of archipelagic sea 
lanes passage, shall not load to and unload from a ship persons, goods, or 
currency in a manner that contravenes the laws and regulations 
concerning customs, immigration, sanitation, and fiscal matters.
26 
Sec. 20. Compliance with Navigational Regulations, Procedures, and Traffic
27 
Scheme. - While exercising the right of archipelagic sea lanes passage, foreign ships
28 
shall:


1
2
3
4
5
6
7
8 
9
10
11
14
15
16
17
18
19
20 
21 
22
24
25
26
27
28 
29
(a) Comply with the generally accepted international regulations, procedures, 
and practices concerning the safety of navigation, including regulations 
relating to the prevention of collisions at sea;
(b) Comply with the provisions of the traffic separation schemes and associated 
protective measures that have been established for the safety of navigation 
through the archipelagic sea lanes;
(c) Sail at a safe speed and maintain safe distances so as not to cause 
disturbance to aids to navigation, submarine cables or pipelines, and other 
duly authorized floating installations or devices; and
(d) Observe safety zones, areas to avoid, or no-sail zones duly established and 
given due publicity by the appropriate agencies.
12 
Sec. 21. Compliance with Applicable Air Rules and Regulations on Flight
13 
Safety. - Foreign aircraft exercising the right of archipelagic sea lanes passage shall:
(a) observe the Rules of the Air established by the Civil Aviation Authority of 
the Philippines (CAAP), the International Civil Aviation Organization (ICAO), 
and such other conventions or treaties to which the Philippines is a party 
as they apply to civil aircraft, while state aircraft will normally comply with 
such safety measures and at all times operate with due regard for the 
safety of navigation; and
(b) monitor the radio frequency assigned by the competent internationally 
designated air traffic control authority or the appropriate international 
distress radio frequency at all times.
23 Sec. 22. Liability for Damage.
(a) The person or legal entity 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 or any third party as a result of noncompliance with any of the 
provisions of this Act while exercising the right of archipelagic sea lanes 
passage.
10


1 
(b) The flag State or the State of Registry shall bear international responsibility
2 
for any loss or damage suffered by the Philippines or any third party as a result
3 
of noncompliance with any of the provisions of this Act by a foreign warship,
4 
military aircraft, or other government ship or aircraft operated for
5 
noncommercial purposes while exercising the right of archipelagic sea lanes
6 
passage.
7 
(c) If any foreign warship or military aircraft does not comply with the laws
8 
and regulations of the Philippines concerning passage through or over the
9 
archipelagic waters and disregards any request for compliance therewith which
10 
is made to it, then it shall be required by the appropriate agency or agencies
11 
of the government of the Republic of the Philippines to leave the Philippine
12 
archipelagic waters or airspace immediateiy.
13 
Sec. 23. Immunities of Warships or Military Aircraft or Other Government
14 
Ships or Aircraft Operated for Non-Commercial Purposes. - The i m m u n iti es of
15 
warships or military aircraft or other government ships or aircraft operated for non-
16 
commercial purposes shall not be affected notwithstanding Sections 22 (b) and (c)
17 
and 24 of this Act and Section 32 of UNCLOS.
18 
Sec. 24. Reciprocity and Mutual Respect - The rights and privileges of foreign
19 
ships and aircraft in Philippine archipelagic waters herein provided are recognized
20 
under conditions of reciprocity and mutual respect. The ships and aircraft of foreign
21 
States that do not abide by, or that act inconsistently with UNCLOS, in violation of
22 
Philippine sovereignty, sovereign rights, or jurisdiction, or resulting in injury or
23 
damage, shall not be entitled to exercise the rights, nor be owed the obligations,
24 
relative to the regime of archipelagic waters and the right of archipelagic sea lanes
25 
passage under Part IV of the Convention.
26 
Sec. 25. Penalties. - Noncompiiance by foreign civilian ships and aircraft with the
27 
pertinent provisions of this Act, which constitutes a violation of existing fisheries,
28 
environmental, customs, fiscal, immigration, sanitary, or other special laws, shall be
29 
punishable under the provisions of such laws.
11


1 
If the noncompliance does not constitute a violation of existing laws, the same shall
2 
be punishable by imprisonment of six (6) months and one (1) day to two (2) years
3 
and two (2) months or a fine of One million two hundred thousand US dollars
4 
(US$1,200,000.00) or its equivalent in Philippine currency, or both such imprisonment
5 
and fine at the discretion of the court.
6 
The penalty shall be imposed upon the master of the ship or the captain of the aircraft,
7 
or the owner or operator of the ship or aircraft, as the case may be. If the owner or
8 
operator is a corporation, partnership, or any other juridical person, the penalty shall
9 
be imposed upon the president or head thereof.
10 
Sec. 26. Appropriations. - The amount necessary for the immediate implementation
11 
of this Act shall be included in the annual General Appropriations Act.
12 
Sec. 27. Separability Clause. - If any portion or provision of this Act is declared
13 
unconstitutional or invalid, the other portions or provisions that are not affected
14 
thereby shall continue to be in full force and effect.
15 
Sec. 28. Repealing Clause. - All laws inconsistent with or contrary to the provisions
16 
of this Act are deemed amended, modified, or repealed accordingly.
17 
Sec. 29. Effectivity. - This Act shall take effect fifteen (15) days after its publication
18 
in the Official Gazette or in a newspaper of general circulation.
19 
Approved,
12