REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No, _ 8809

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

The maritime dispute that exists between China and the Philippines has existed for decades.
The aggressive stance of China is based on their “historical” claim outlined by a 9-dash line
which has eaten up a large area of the Exclusive Economic Zones (EEZs) of the Philippines
and other ASEAN claimant nations.

The 9-dash line started in 1947 after China marked its South China Sea territorial claims with
a U-shaped line made up of 11 dashes covering most of the area. 2 of the 11 dashes were
erased however after the Communist Party removed the Gulf of Tonkin portion in 1953.
Through the years, the 9-dash line demarcation has been used by China to assert their rights
in the disputed area.

In 1988, China seized Subi Reef by erecting a radar structure and military facilities in the
reef. Subi Reef lies within the continental shelf of the Philippines. Further, in 1995 China
takes control of disputed Mischief Reef, constructing octagonal huts on stilts that Chinese
officials say will serve as shelters for fishermen. Mischief Reef is located 125 nautical miles
from Palawan, a low-tide elevation (LTE) within the Philippines' EEZ. Again in 2012, the rift
between China and the Philippines escalated after a tense standoff between the Chinese Coast
Guard and the Philippine Navy in the Scarborough Shoal after the latter stopped a Chinese
fishing boat to inspect it which China eventually took control of.

After exchanging views with China and exhausting almost all political and diplomatic
remedies for a peaceful settlement of our maritime dispute with China, a tangible resolution
still remains elusive. The conflict between China and the Philippines further intensified when
China continued with their reclamation in the area reclaiming lands thru massive dredging
operations, turning sandbars into islands equipped with airfields, ports, and lighthouses.

In 2013, an unprecedented move was initiated by the Philippine Government when it
instituted arbitral proceedings against China at the Permanent Court of Arbitration in The
Hague. Philippines asked the Arbitration Tribunal to invalidate China’s “nine-dash line”
claim because it does not conform to the United Nations Convention on the Law of the Sea
(UNCLOS), an international treaty signed and ratified by both China and the Philippines, and

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was regarded as the Constitution of the Seas. The UNCLOS defines the limits of a nation’s
maritime sovereignty claims. This convention was ratified by both the Philippines and China.
Under its provisions, areas within 200 nm from the country’s baselines would be part of the
EEZ.

After conducting multiple proceedings on the arbitration case raised by the Philippines, the
Permanent Court of Arbitration issued on July 12, 2016 a unanimous decision favoring the
Philippines. The PCA declared that China’s “nine-dash line” has no legal basis in
international law. Moreover, the efforts exerted by the Philippine Government displayed our
country’s commitment to international law and due process. More importantly, the PCA
ruling affirms the country’s entitlements over the resources within the West Philippine Sea.

In order to commemorate the momentous victory by the Philippines in the PCA, there is a
need to designate the 12" of July as a Special Working Holiday in order to preserve the
significance and importance of the ruling, and to ensure that our rights and access over the
resources in the West Philippine Sea are preserved as well as to endeavor the government to
continually uphold our rights in the West Philippine Sea and ascertain that the policies that
the government will pursue is consistent with this ruling.

In view of the national interest, approval of this bill is earnestly sought.

Magdalo Para sa Pilipino Party-List


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No, __ 8809

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO.

AN ACT
DECLARING JULY 12 OF EVERY YEAR AS A SPECIAL WORKING HOLIDAY IN
THE ENTIRE COUNTRY TO COMMEMMORATE THE HISTORIC DECISION OF
THE PERMANENT COURT OF ARBITRATION (PCA) IN FAVOR OF THE
PHILIPPINES OVER THE WEST PHILIPPINE SEA MARITIME DISPUTE

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SEC. 1. This Act shall be known as the “West Philippine Sea Victory Day.”

SEC.2. July 12 of every year shall be declared a special working holiday to
‘commemorate the day when the historic decision made by the Permanent Court of Arbitration
(PCA) in The Hague was issued.

SEC3. To ensure the meaningful observance of the holiday as herein declared, the
Department of Foreign Affairs (DFA), shall plan and implement activities for the “West
Philippine Sea Victory Day” and ensure that the significance of this historic decision shall
continue to inspire and instill a sense of pride in every Filipino as well as to endeavor the
government to continually uphold our rights in the West Philippine Sea and ascertain that the
policies that the government will pursue is consistent with this ruling.

Likewise, the Department of Education (DepEd) and the Commission on Higher
Education (CHEd) is directed to include in their respective curriculum the background/
history of the West Philippine Sea and the events leading to the victory of the Philippines
before the PCA on July 12, 2016.

SEC.4, If any provision of this Act is declared unconstitutional, the same shall not
affect the validity and effectivity of the other provisions hereof.

SEC.5. All laws, decrees, orders, and issuances or portions thereof which are
inconsistent with the provisions of this Act are hereby repealed, amended, or modified
accordingly.

SEC.6. This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation.

Approved,