NINETEENTH CONGRESS OF THE ] 
REPUBLIC OF THE PHILIPPINES ] 
Second Regular Session 
]
SENATE
s.B. No. 2395
Senate
of the ^ffret.irp
23 AUG -7 P6 :20
RUCEIVtDBV:
Introduced by SEN. WIN GATCHALIAN
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
EXPLANATORY NOTE
Republic Act No. 9522, also known as An Act to Amend Certain Provisions of 
Repubiic Act No. 3046, as Amended by Repubiic Act No. 5446, to Define the 
Archipeiagic Baseiines of the Phiiippines, and for Other Purposes, ciligned the country's 
archipelagic baseline system with the 1982 United Nations Convention on the Law of 
the Sea (UNCLOS) to which the Philippines is a signatory.
The UNCLOS recognizes the sovereignty of the archipehagic States over its 
archipelagic waters, the air space above them, the seabed and :Jubsoil below them, 
and the resources contained therein. However, it affords all ships and aircraft 
archipelagic sea lanes passage which may be designated by thi archipelagic State 
over its archipelagic waters.
Accordingly, it is imperative for the Philippines, as an arch ipelago lying at the 
crossroads of important and busy navigational routes, to designate; its archipelagic sea 
lanes for its own national security, economic and environmental interests.
The proposed measure seeks to establish archipelagic sea lanes in Philippine 
archipelagic waters. It also prescribes the rights and obligations of foreign ships and 
aircrafts exercising the right of passage through the established sea lanes. It also


seeks to protect the ecological integrity by prohibiting fishing, marine bioprospecting, 
exploitation of marine resources, unauthorized research and survey activities, and 
dumping of wastes and other noxious substances.
In view of the foregoing, the immediate passage oft
s earnestly sought.
ALIAN


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
SENATE
s. B. No. 2395
>• 7
23 AUG-7 P6 :20
RtCEfVED BV;
Introduced by SEN. WIN GATCHALIAN
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 PASSiVGE
Be it enacted by the Senate and the House of Representatives of the Phiiippines 
in Congress assembled:
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CHAPTER I
GENERAL PROVISIONS
SECTION 1. Short Title. - This Act shall be known as the "Philippine 
Archipelagic Sea Lanes Act".
SEC. 2. State Policy. - The State in the exercise of its duty to protect 
its maritime domain shall implement and adhere to the provisions of the 1982 
United Nations Convention on the Law of the Sea (UNCLOS) and relevant 
international conventions to which the Philippines is a party.
It shall be the policy of the State to minimize the routes and areas that 
shall be utilized and accessed by foreign vessels and foreign reigistered aircraft 
for the exercise of archipelagic sea lanes passage.
SEC. 3. Definition of Terms. - As used in this Act, -


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(a) Archipelagic sea iane refers to the designated sea lanes in the
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archipelagic waters and air routes thereabove through which foreign vessels or
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aircrafts may exercise the right of archipelagic sea lanes passeige.
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(b) Archipelagic sea iane passage refers to the exercise of the rights of
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navigation and overflight in the normal mode solely for the purpose of
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continuous, expeditious, and unobstructed transit between one part of the high
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seas or an exclusive economic zone (EEZ) and another part of the high seas or
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an EEZ.
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(c) Archipelagic waters refer to the waters on the landward side of the
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archipelagic baselines except those delineated as internal wabirs.
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Within the archipelagic waters, closing lines for the delineation of
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internal waters shall be drawn pursuant to Article 50 of the UNCLOS and other
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existing laws and treaties.
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The Philippines exercises sovereignty and jurisdiction over its
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archipelagic waters and airspace over it as well as Its seabed and subsoil in
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accordance with the UNCLOS and other existing laws and treaties.
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(d) Associated protective measure refers to a measure that a coastal
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State may adopt to regulate international maritime activities for the protection
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of the area at risk.
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(e) Hydrographic survey refers to the determination of data relating to
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bodies of water. A hydrographic survey may consist of the determination of one
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or several of the following classes of data: depth of water; configuration and
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nature of the bottom; directions and force of currents; heiglits and times of
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tides and water stages; and location of topographic features emd fixed objects
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for survey and navigation purposes.
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(f) Oceanographic survey refers to a study or examination of any
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physical, chemical, biological, geological or geophysical condition in the ocean,
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or any part of it.
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(g) Right of innocent passage refers to the right of continuous and
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expeditious passage of foreign vessels through the territoria1 sea that Is not
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prejudicial to the peace, good order or security of the coastal State. Passage
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includes stopping and anchoring, but only insofar as the same are incidental to


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ordinary navigation or are rendered necessary by force majeure or distress or
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for the purpose of rendering assistance to persons, ships or aircraft in danger
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or in distress. Passage shall be considered as prejudicial to :he peace, good
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order or security of the coastal State if in the territorial sea, th(3 vessel engages
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in any of the activities enumerated in Article 19 of the UNCKDS. This right of
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innocent passage applies to archipelagic waters outside of the archipelagic sea
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lanes, as provided for in Article 52 of the UNCLOS.
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(h) Territorial sea refers to the adjacent belt of sea measured twelve
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(12) nautical miles from the baselines of the territorial sea as determined in
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accordance with the provisions of Part II or Part IV of the UNCLOS as
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appropriate.
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The Philippines exercises sovereignty over its territorial sea and the
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airspace over it as well as its seabed and subsoil in accordance with the UNCLOS
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and other existing laws and treaties.
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CHAPTER II
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DESIGNATION OF THE ARCHIPELAGIC SEA LANES AND THEIR
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COORDINATES FOR THE RIGHT OF ARCHIPELAGIC SEA LANES
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PASSAGE AND INSTITUTION OF PROTECTIVE MEASURES THERETO
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SEC. 4. Designation of Archipeiagic Sea Lanes and Their
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Coordinates, - The System of the Archipelagic Sea Lanes in the Philippine
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Archipelagic Waters shall be defined by axis lines connecting the coordinates
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below:
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(a) SEA LANE I: PHILIPPINE SEA - BALINTANG CHANNEL - WEST
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PHILIPPINE SEA
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(M) 20° 06L67 N; 122° 12L90 E
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(1-2) 20° 06'.67 N; 121° 28/.73 E
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(b) SEA LANE II: WEST PHILIPPINE SEA - MINDORO STRAIT - CUYO
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EAST PASS - SULU SEA - SIBUTU PASSAGE - CELEBES SEA
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(M) 13° 05L77 N; 119° 52L32 E
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(1-2) 11° 09'.20 N; 121° 27L37 E
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(1-3) 10° 53L88 N; 121° 27'.37 E


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(1-4) 10° 00'.77 N; 120° SS'.SS E
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(1-5) 08° 53'.60 N; 120° 55/.78 E
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(1-6) 05° 15,.72 N; 119° 37'.31 E
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(1-7) 04° 33'.60 N; 119° 37'.48 E
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(c) SEA LANE III: CELEBES SEA - BASILAN STRAIT - SULU SEA -
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NASUBATA CHANNEL - BALACBAC STRAIT - WEST PHJ LIPPINE SEA
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(I-l) 06° 18'.97 N; 122° 50'.70 E
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(1-2) 06° 47'. 12 N; 122° 15'.92 E
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(1-3) 06° 49'.62 N; 121° 56'.82 E
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(1-4) 06° 59'.45 N; 121° 42'.25 E
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(1-5) 08° 07'.63 N; 118° 46'.97 E
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(1-6) 08° 07'.63 N; 118° 19'.65 E
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(1-7) 07° 57'. 18 N; 117° 10'.20 E
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(1-8) 07° 39'.37 N; 117° 02'.40 E
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The map displaying the axes and connecting points as d(3tailed in Section
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4 hereof is attached as Annex I.
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SEC. 5. Protective Measures. - All rules and regulations relating to
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the management and security of the archipelagic sea lanejs and adjacent
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archipelagic waters shall be promulgated by the President, wit h the assistance
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of the relevant national agencies, through an appropriate exe;cutive issuance.
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Such issuances shall include the protective measures stipulatecJ In international
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agreements, conventions and regulations such as those established by the
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International Maritime Organization, as well as national measures enacted in
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accordance with existing laws and regulations.
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CHAPTER III
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RIGHTS AND OBLIGATIONS OF FOREIGN SHIPS AND AIRCRAFT
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WHEN EXERCISING THE RIGHT OF ARCHIPELAGIC SEA LANES
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PASSAGE
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SEC. 6. Right of Archipelagic Sea Lanes Passage. - Foreign ships
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and aircraft may exercise the right of archipelagic sea lenes passage in


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accordance with the provisions of the UNCLOS in order to navigate or fly from
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one part of the high seas or an EEZ to another part of the high seas or an EEZ
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through or over the Philippine archipelagic waters and its adjacent territorial
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sea. Such sea lanes shall be defined by a series of continuous axis lines from
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the entry points of passage routes to the exit points.
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The exercises of the right of archipelagic sea lanes passage shall be
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through a sea lane, or through the air route above a sea lane, which has been
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determined and designated to be an archipelagic sea lane that may be sued for
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exercising the right of archipelagic sea lanes passage under Section 4 hereof. 
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SEC. 7. Obligations in the Exercise of the Right of Archipelagic
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Sea Lanes Passage, - In the exercise of the right of archipelagic sea lanes
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passage, the following obligations must be observed:
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(a) Foreign ships and aircraft shall pass through or above the
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archipelagic sea lane as quickly as possible without delay and in the normal
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mode solely for the purpose of continuous, expeditious and unobstructed
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transit;
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(b) Foreign ships and aircraft shall not deviate more ^han twenty-five
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(25) nautical miles to either side of the axis line of the sea lane;: Provided, That
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such ships and aircraft shall not navigate closer to the coast more than ten
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percent (10%) of the distance between the nearest points on islands bordering
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the sea lane;
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(c) Foreign ships and aircraft shall refrain from any threat or use of
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force against the sovereignty, territorial integrity, or political independence of
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the Republic of the Philippines, or in any other manner in violation of the
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principles of international law embodied in the Charter of the United Nations;
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(d) Foreign ships and aircraft, including military aircraft and warships,
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shall refrain from any war game exercises or exercises using any type of
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weapons, especially involving the use of ordinance;
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(e) Foreign aircraft shall not land in Philippine territory except when
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rendered by force majeure or distress;


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(f) Foreign ships shall refrain from stopping, dropping anchor or
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loitering, except when rendered necessary by force majeure or distress or in
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order to render assistance to a person or persons or a ship or ships in danger
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or in distress;
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(g) Foreign ships or aircraft shall refrain from making covert
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transmissions, interfering with telecommunications systems, and
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communicating directly with an unauthorized person or group of persons in
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Philippine territory; and
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(h) Foreign ships or aircraft exercising the right of archipelagic sea
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lanes passage shall refrain from any activity other than those incident to their
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normal modes of continuous and expeditious transit, unless rendered necessary
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by force majeure or by distress.
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SEC. 8. Prohibition Against the Conduct of Research and Survey
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Activities. - Foreign ships or aircraft, including marine scientific research or
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survey ships or aircraft, while exercising the right of archipelagic sea lanes
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passage, shall not conduct oceanographic or hydrographic surveys or any other
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research or survey activities, whether with the use of detection equipment or
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sample gathering equipment, unless they have obtained prior oermission to do
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so from the appropriate agency of the Government of the Republic of the
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Philippines.
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SEC. 9. Prohibition of Fishing, Marine Bioprospecting, Loading,
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Unloading of Persons, Good or 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, marine
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bioprospecting or exploitation of marine resources of the Philippines.
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(b) Foreign fishing vessels, while exercising the right of archipelagic sea
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lanes passage, besides fulfilling their obligations under paragraph (a) hereof,
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shall stow all fishing equipment within the hold.
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(c) Foreign ships and aircraft, while exercising the right of archipelagic
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sea 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 concerning 
customs, immigration, fiscal matters and sanitary rules, except when rendered 
necessary by force majeure or by distress.
SEC. 10. Compliance with Navigational Regulations, Procedures 
and Traffic Scheme. - While exercising the right of archipelagic sea lanes 
passage, foreign ships shall:
(a) Comply with the generally accepted international regulations, 
procedures and practices concerning safety of navigation, including regulations 
relating to the prevention of collisions at sea;
(b) Comply with the provisions of the traffic separation scheme where a 
traffic separation scheme has been established for the regulation or navigation;
(c) Sail at a safe distance so as not to cause disturbance or damage to 
navigational facilities or submarine cables or pipes; and
(d) Observe prohibited zones as determined by concerned agencies.
SEC. 11. Obligations of Foreign Civil Aircraft.-
(a) Foreign civil aircraft 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 a : all times.
(b) Foreign State aircraft exercising the right of archipelagic sea lanes 
passage shall:
(1) Respect the regulations concerning flight safety as detailed in 
Section 11(a) hereof and at all times operate with due regard for 
the safety of navigation; and
(2) Fulfill their obligations as detailed in Section 11 (a)(2) hereof.


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SEC. 12. Prevention of Marine Pollution. -
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(a) Foreign ships exercising the right of archipelagic sea lanes passage
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shall not expel oil, oily wastes, solid wastes, other noxious substances, or ballast
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water Into the marine environment, or conduct other activities in contravention
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of international regulations and standards for the prevention, reduction and
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control of marine pollution that originates from ships.
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(b) Foreign ships, while exercising the right of archipelagic sea lanes
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passage, shall not dump waste in Philippine waters.
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SEC. 13. Liability for Damage. —
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(a) The person or legal body responsible for the operation or cargo of foreign
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commercial ships or aircraft or foreign government ships or aircraft operated for
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commercial purposes shall be liable for any loss or damage suffered by the Philippines
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or any third party as a result of noncompliance with any of the provisions of this Act
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while exercising the right of archipelagic sea lanes passage.
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(b) The flag State shall bear international responsibility for any loss or damage
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suffered by the Philippines or any third party as a result of noncompliance with any of
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the provisions of this Act by a foreign warship or aircraft or other government ship
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operated for noncommercial purposes while exercising the right of archipelagic sea
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lanes passage.
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SEC. 14. Penalties. — Non-compliance by foreign civilian ships and
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aircraft with the pertinent provisions of this Act which constitutes a violation of
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existing fisheries, environmental, customs, fiscal, immigration, sanitary and
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other pertinent laws shall be punishable by the provisions thereof.
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If the non-compliance does not constitute a violation of existing laws,
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the same shall be punishable by imprisonment of six (6) months and one (1)
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day to two (2) years and two (2) months or a fine of One million two hundred
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thousand US dollars (US$1,200,000.00) or its equivalent in Philippine currency,
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or both, such imprisonment and fine at the discretion of the court.
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The penalty shall be imposed upon the master of the vessel or the
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captain of the aircraft or the owner or operator of the vessel or aircraft, as the
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case may be. If the owner or operator is a corporation, partnership or any other


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juridical person, the penalty shall be imposed upon the president or head 
thereof.
CHAPTER IV 
FINAL PROVISIONS
SEC. 15. Right of Innocent Passage.provisions of this Act shall 
not diminish the rights of foreign ships to exercise the right of innocent passage 
in the archipelagic waters outside of the archipelagic sea lanes..
SEC. 16. Separability Clause, - If any portion or provision of this Act 
is declared unconstitutional or invalid, the other portions or provisions hereof 
not affected thereby shall continue to be in full force and effect.
SEC. 17. Repealing Clause. - All laws inconsistent with or contrary to 
the provisions of this Act are deemed amended or repealed accordingly.
SEC. 18. Effectivity. - This Act shall take effect fifteen (15) days after 
its publication in the Official Gazette ox in a newspaper of general circulation.
Approved,