NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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SENATE
462
S. No.
Hw: 
§s>mnz
of ti)f
'22 JUL13 AlOni
RECEIVED B
Introduced by SENATOR JINGGOY EJERCITO ESTRADA
AN ACT
ESTABLISHING THE ARCHIPELAGIC SEA LANES IN THE PHILIPPINE 
ARCHIPELAGIC WATERS, PRESCRIBING THE RIGHTS AND OBLIGATIONS 
OF FOREIGN SHIPS AND AIRCRAFT EXERCISING THE RIGHT OF 
ARCHIPELAGIC SEA LANES PASSAGE THROUGH THE ESTABLISHED 
ARCHIPELAGIC SEA LANES AND PROVIDING FOR THE ASSOCIATED 
PROTECTED MEASURES THEREIN
EXPLANATORY NOTE
Republic Act No. 3046 or "An Act to Define the Baselines of the Territorial Sea 
of the Philippines" was approved on June 17, 1961. It was amended by Republic Act 
No. 5446 which was approved on September 18,1968. On March 10, 2009, Republic 
Act No. 9522 was approved to define the archipelagic baseline of the Philippines. The 
said laws are consistent with the United Nations Convention on the Law of the Sea.
However, these laws need to be complemented by two (2) more bills namely, 
the Maritime Zones Bill and the Archipelagic Sea Lanes Bill. Together, these bills 
affirms the sovereignty and jurisdiction of the country over all portions of the national 
territory.
The "Philippine Archipelagic Sea Lanes Act"\6er\X\f\es the rights and obligations 
of foreign ships and aircrafts that exercise the right of archipelagic sea lanes passage. 
It also mandates the President to designate the archipelagic sea lanes for the right of 
archipelagic sea lanes passage and to institute the associated measures thereto.


In view of the foregoing, the approval of this bill is earnestly sought.
GGQY E3ERCITO ESTRADA


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
462
S. No.
of 11)e ^'Vn-ftarp
•22 JUL13 AlOni
RECEIVED BV;
Introduced by SENATOR 3INGGOY EJERCITO ESTRADA
AN ACT
ESTABLISHING THE ARCHIPELAGIC SEA LANES IN THE PHILIPPINE 
ARCHIPELAGIC WATERS, PRESCRIBING THE RIGHTS AND OBLIGATIONS 
OF FOREIGN SHIPS AND AIRCRAFT EXERCISING THE RIGHT OF 
ARCHIPELAGIC SEA LANES PASSAGE THROUGH THE ESTABLISHED 
ARCHIPELAGIC SEA LANES AND PROVIDING FOR THE ASSOCIATED 
PROTECTED MEASURES THEREIN
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
I.
GENERAL PROVISIONS
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Section 1. Short Title. - This Act shall be known as the "Philippine Archipelagic
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Sea Lanes Act."
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Sec. 2. Declaration of Policy. - The State in the exercise of its duty to protect
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its maritime domain shall implement and adhere to the provisions of the 1982 United
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Nations Convention on the Law of the Sea (UNCLOS) and relevant international
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conventions to which the Philippines Is a party.
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Sec. 3. Definition of Terms. - As used in this Act, the following terms are defined
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in accordance with the UNCLOS:
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a) Archipelagic sea iane- shall refer to the designated sea lanes and air routes
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in the archipelagic waters through which foreign vessels or aircraft may
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exercise the right of archipelagic sea lanes passage;
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b) Archipelagic sea iane passage - shall refer to the exercise, in accordance
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with the UNCLOS, of the rights of navigation and overflight in the normal
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mode solely for the purpose of continuous, expeditious and unobstructed


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transit between one part of the high seas or an exclusive economic zone 
(EEZ) and another part of the high seas or an EEZ;
c) Archipelagic waters- shall refer to the waters on the landward side of the 
archipelagic baselines except as defined as Internal Waters;
d) Associated protective measure - shall refer to measure that a coastal State 
may adopt to regulate international maritime activities for the protection of 
the area at risk
e) Hydrographic survey- shall refer to a survey measuring and describing the 
physical features of the navigable portion of the earth's surface (seas) and 
adjoining coastal areas, with special reference to their use for navigation;
f) Oceanographic survey - shall refer to a study or examination of any 
physical, chemical, biological or geological or geophysical condition in the 
ocean, or any part of it;
g) Right of Innocent passage - shall refer to the right of foreign vessels to 
navigate through the territorial seas of all States for the purpose of 
continuous and expeditious travel or for proceeding to or from internal 
waters. The passage Is innocent when it is not prejudicial to the peace, good 
order or security of the coastal State; and
h) Territorial sea - shall refer to the belt of sea measured twelve (12) nautical 
miles from the baselines or from the low-water line, as the case may be.
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II. RIGHTS AND OBLIGATIONS OF FOREIGN SHIPS AND AIRCRAFTS
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WHEN EXERCISING THE RIGHT OF ARCHIPELAGIC SEA LANES
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PASSAGE
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Sec. 4. Right of Archipelagic Sea Lanes Passage of Foreign Ships and Aircrafts. 
- Foreign ships and aircraft may exercise the right of archipelagic sea lanes passage 
in accordance with the provisions of the UNCLOS in order to navigate or fly from one 
part of the high seas or an EEZ to another part of the high seas or an EEZ through or 
over the Philippine archipelagic waters and its adjacent territorial sea. Such sea lanes 
shall be defined by a series of continuous axis lines from the entry points of passage 
routes to the exit points.


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The exercise of the right of archipelagic sea lanes passages shall be through a
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sea lane, or through the air above a sea lane, which has been determines to be an
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archipelagic sea lane that may be used for exercising the right of archipelagic sea
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lanes passage as described in Section 12 hereof.
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Sec. 5. Obligations of Foreign Ships and Aircrafts When Exercising the Right of
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Archipelagic Sea Lanes Passage. -
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a) Foreign ships and aircraft exercising the right of archipelagic sea lanes
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passage shall pass through or above the archipelagic sea lane as quickly as
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possible without delay and in the normal mode solely for the purpose of
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continuous, expeditious and unobstructed transit.
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b) Foreign ships and aircrafts that are conducting archipelagic sea lanes
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passage shall not deviate more than twenty-five (25) nautical miles to either
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side of the axis line of the sea lane: Provided, That such ships and aircraft
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shall not navigate closer to the coast more than ten percent (10%) of the
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distance between the nearest points on Islands bordering the sea lane.
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c) Foreign ships and aircrafts, while exercising the right of archipelagic sea
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lanes passage, shall refrain from any threat or use of force against the
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sovereignty, territorial Integrity, or political independence of the Republic of
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the Philippines, or In any other manger in violation of the principles of
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international law embodied In the Charter of the United Nations.
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d) Foreign ships and aircrafts. Including military aircraft and warships, while
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exercising the right of archipelagic sea lanes passage, shall refrain from any
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war game exercises using any type of weapons, especially involving the use
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of ordnance.
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e) Except when rendered necessary by force majeure or by distress, an aircraft
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exercising the right of archipelagic sea lanes passage shall not land in
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Philippine territory.
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f) All foreign ships exercising the right of archipelagic sea lanes passage shall
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refrain from stopping, dropping anchor or loitering, except when rendered
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necessary by force majeure or by distress in order to render assistance to a
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person or persons or a ship or ships experiencing distress.


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g) Foreign ships or aircrafts exercising the right of archipelagic sea lanes
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passage shall refrain from making covert transmissions, interfering with
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telecommunications systems, and communicating directly with an
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unauthorized person or group of persons In Philippine territory.
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Sec. 6. Permit to Conduct Oceanographic or Hydrographic Surveys. - Foreign
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ships or aircraft, including research or hydrographic survey ships or aircraft, while
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exercising the right of archipelagic sea lanes passage, shall not conduct oceanographic
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or hydrographic surveys, whether with the use of detection equipment or sample
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gathering equipment, unless they have obtained prior permission to do so from the
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appropriate agency of the Government of the Republic of the Philippines.
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Sec. 7. Prohibition of Fishing, Loading, Unioading of Persons, Goods or
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Currency. -
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a) Foreign ships, including fishing vessels, while exercising the right of
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archipelagic sea lanes passage, shall not conduct any fishing operation or
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exploitation of marine resources of the Philippines.
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b) Foreign fishing vessels, while exercising the right of archipelagic sea lanes
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passage, besides fulfilling their obligations under paragraph (a), shall stow
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all fishing equipment within the hold.
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c) Foreign ships and aircrafts, while exercising the right of archipelagic sea
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lanes passage, shall not load to a ship or unload from a ship persons, goods
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or currency in a manner that contravenes the laws and regulations
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concerning customs, immigration, fiscal matters and health, except when
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rendered necessary by force majeure or by distress.
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Sec. 8. Compiiance with Navigationai Reguiations, Procedures, and Traffic
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Scheme. -
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a) Foreign ships, while exercising the right of archipelagic sea lanes passage,
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shall comply with the generally accepted international regulations,
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procedures and practices concerning safety of navigation, including
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regulations relating to the prevention of collisions at sea.
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b) Foreign ships, while exercising the right of archipelagic sea lanes passage
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In a sea lane where a traffic separation scheme has been established for the


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regulation of navigation, shall comply with the provisions of the traffic 
separation scheme.
c) Foreign ships, while exercising the right of archipelagic sea lanes passage, 
shall not cause disturbance or damage to navigational facilities or submarine 
cables or pipes.
d) Foreign ships, while exercising the right of archipelagic sea lanes passage, 
shall not sail too close to prohibited zones as determined by concerned 
agencies.
Sec. 9. Obligations of Foreign Civil Aircrafts. -
a) Foreign civil aircrafts exercising the right of archipelagic sea lanes passage 
shall:
1) Observe the Rules of the Air established by the International Civil 
Aviation Organization (ICAO); and
2) Monitor the radio frequency assigned by the competent internationally 
designated air traffic control authority or the appropriate International 
distress radio frequency at all times.
b) Foreign national aircrafts exercising the right of archipelagic sea lanes 
passage shall:
1) Respect the regulations concerning flight safely as detailed In Section 9 
(a) hereof and at all times operate with due regard for the safety of 
navigation; and
2) Fulfill their obligations as detailed in Section 9 (a)(2) hereof.
Sec. 10. Prevention of Marine Pollution and Nuclear Weapons. -
a) Foreign ships exercising the right of archipelagic sea lanes passage shall not 
expel oil, oily wastes or other noxious substances into the marine 
environment, or conduct other activities In contravention of international 
regulations and standards for the prevention, reduction and control of 
marine pollution that originates from ships.
b) Foreign ships while exercising the right of archipelagic sea lanes passage 
shall not dump waste in Philippine waters.


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c) Consistent with the national interest, the exercise of the right of archipelagic 
sea lanes passage by all foreign ships must be consistent with constitutional 
mandate of freedom from nuclear weapons in Philippine territory.
Sec. 11. Liability for Damage. -
a) The person or legal body responsible for the operation or cargo of 
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.
b) The flag State shall bear international responsibility 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 by a foreign warship or aircraft or other 
government ship operated for noncommercial purposes while exercising the 
right of archipelagic sea lanes passage in Philippine waters.
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m. THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES TO 
DESIGNATE THE ARCHIPELAGIC SEA LANES FOR THE RIGHT OF 
ARCHIPELAGIC SEA LANES PASSAGE AND TO INSTITUTE THE 
ASSOCIATED PROTECTIVE MEASURES THERETO
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Sec. 12. Designation by the President of Archipelagic Sea Lanes. - In pursuit of
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Philippine National Policy, the President shall promulgate through Executive Issuance
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the archipelagic sea lanes which may be used for the right of archipelagic sea lanes
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passage and the rules and regulations relating to Associated Protective Measures to
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be prescribed, within areas along the archipelagic sea lanes in accordance with the
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International Maritime Organization (IMO) Conventions and Regulations and other
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relevant International agreements.
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IV. FINAL PROVISIONS


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Sec. 13. Right of Innocent Passage. - The provisions of this Act shail not 
diminish the rights of foreign ships to exercise the right of innocent passage in 
archipelagic sea lanes.
Sec. 14. National Coast Watch System (NCWS). - The NCWS, created by virtue 
of Executive Order 57, series of 2011, under the control and supervision of the Office 
of the President, shall serve as the authority to institute coordinating mechanisms for 
the implementation of this Act and shall continue to operate In accordance with its 
present organizational structure.
In addition to its powers, functions, and duties, the National Coast Watch 
Council (NCWC) shall provide technical and advisory support to the President in 
designating the archipelagic sea lanes. Further, the National Coast Watch Center (NCW 
Center) shall establish, monitor, and Implement Associated Protective Measures for 
the designated archipelagic sea lanes.
Sec. 15. Separability Clause. - If any provision or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provision or part not otherwise 
affected shall remain valid and subsisting.
Sec. 16. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule, or regulation contrary to or 
inconsistent with the provisions of this Act are hereby repealed, modified, or amended 
accordingly.
Sec. 17. Effectivity. ~ This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,