Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CON GRES S
First Regular Session
•1   .    -    .
HOUSE BILL NO.
Introduced by REPRESHNTATIVE FRANCISC0 PAOLO P. ORTEGA V
AN ACT
DECLARING THE MARITIME ZONES UNDER THE JURISDICTION OF THE
REPUBLIC 0F THE PHILIPPINES
HXPLANATORY NOTE
The United Nations Convention on the Law of the Sea (UNCLOS) was signed in
1982 and came into effect in  1994. The UNCLOS provides a constitution for the oceans
that forms the framework and substance of the rules-based order of maritime governance,
including the allocation of maritime zones to coastal states, as well as archipelagic states.
As a party to UNCLOS and a law-abiding member of the international community,
the  Philippines  is  bound  to  perform  its  obligations  in  good  faith,  and  thus  has  the
responsibility to harmonize its laws with the treaty. Therefore, in 2009, it enacted Republic
Act No.  9522  to make the  baselines  of the territorial  sea of the  Philippine  archipelago
compliant with UNCLOS. It is from these baselines that the maritime zones seaward from
Philippine territory are measured; and it is within these baselines that the Philippines has
internal and archipelagic waters.
The indispensable nest step in the harmonization of Philippine law with UNCLOS
is  the  enactment  of  a  comprehensive  statute  to  establish  the  maritime  zones  of the
Philippines in accordance with the treaty, which are mentioned and recognized in Article I
and Article XII of the Constitution.
While some of these maritime zones are already defined or governed in various and
statutes and statutory provisions, they are fragmented and incomprehensive. These statues
and  provisions  do  not  establish  the  complete  set  of maritime  zone  regimes  that  the
Philippines, as a coastal state, may define under UNCLOS; and some of them do not yet
govern the Philippines' maritime zones to the full geographical extent allowed under the
treaty.


Further, many statutory provisions governing the maritime zones of the Philippines
were  enacted  or  issued  before  UNCLOS.  As  a  consequence,  they  either  reflect  pre-
UNCLOS  intemational  or  domestic  legal  regines,  or  enshrine  Philippine  negotiating
positions on the law of sea, which have been superseded by the entry into force of the
treaty.
Evidently,  it is necessary to remove all  ambiguity by  enacting a comprehensive
maritime zones law that clearly establishes the legal regimes and geographical extent of
these maritime zones in accordance with UNCLOS. This would not only demonstrate the
adherence of the Philippines to international law, but would also remove any uncertainty
on the part of its armed forces and civilian law enforcers as to which laws they may observe
and over which area. It also provides for the requisite flexibility in enacting subsequent
laws  appropriate  to  the  rights  and  obligations  to  which  the  Philippines  is  entitled  in
exercising jurisdiction over its maritime zones.
In view of the foregoing, the prioritization and immediate passage of the current bill
proposing a Maritime Zones Law is respectfully sought.
HON. FRAN
First District,
PAOLO P. ORTEGA V


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HoUsE BI`Li-N^o.    8903
Introduced by REPRESENTATIVE FRANCISC0 PAOLO P. ORTEGA V
AN ACT
DECLARING THE MARITIME ZONES UNDER THE JURISDICTION 0F THE
REPUBLIC 0F THE PHILIPPINES
Be  it  enacted by the  Senate  and House Of Represehiatives  of the  Philippines  in
Congress assembled:
SHCTION. 1. Sfoorf rz.£Je. -This Act shall be known as the  "Phi./zZxpz.#e 114lczrz.rz.mc Zo73e
Act„.
SEC. 2. M¢rz.f!."e Zo"es. -The maritime zones of the Philippines comprise the internal
waters, archipelagic waters, territorial sea, contiguous zone, exclusive economic zone
(EEZ)  and  continental  shelf.  All  territories  of the  Philippines  shall  generate  their
respective maritime zones in accordance with intemational law.
SEC. 3. 4rchz.pchagr.c Busc/!.#cs. - Archipelagic baselines, as used in this Act, refer to
the  baselines  as  defined  under  Republic  Act  No.  9522,  otherwise  known  as  the
"Philippine Archipelagic Baselines Act of 2009".
SEC. 4. J#/er"¢J W¢fers. - The intemal waters of the Philippines, as appropriate, refer
to the following:
(a) Waters on the landward side of the archipelagic baselines not forming apart for
archipelagic water under Section 5 of this Act and delineated in accordance with
Article  50  of the  1982  United Nations  Convention  on the  Laws  of the  Sea
(UNCLOS); and
(b) Waters on the landward side of the baselines of the territorial sea of territories
outside of the archipelagic baselines, drawn in accordance with Article 8 of the
INCLOS.
The Philippines exercises sovereignty over its internal waters and the airspace
over it as well as its seabed and subsoil in accordance with the UNCLOS and
other existing laws and treaties.


SEC. 5. 4rcfej.pe/¢gr.c W¢/era. -The archipelagic waters of the Philippines refer to the
waters on the landward side of the archipelagic baselines except as provided for under
Section 4 of this Act.
Within the archipelagic waters, closing lines for the delineation of internal waters shall
be drawn pursuant to Article 50 of the UNCLOS and other existing laws and treaties.
The Philippines exercise sovereignty and jurisdiction over its archipelagic waters and
the airspace over it as well as its seabed and subsoil in accordance with the UNCLOS
and other existing laws and treaties.
SEC. 6. rerrJ./or7.¢J se¢. -The territorial sea of the Philippines refers to the adjacent belt
of sea measured twelve (12) nautical miles from the baselines of the territorial sea as
determined in accordance with the provisions of Part 11 or Part IV of the UNCLOS as
appropriate.
The Philippines exercises sovereignty over its territorial sea and the airspace over it as
well as its seabed and subsoil in accordance with the UNCLOS and other existing laws
and treaties.
SHC. 7. Co#/I.gwous Zo#e. -The contiguous zone of the Philippines refers to the waters
beyond and adjacent to its territorial sea and up to the extent of twenty-four (24) nautical
miles from the baselines from which the breadth of the territorial sea is measured.
In  accordance  with  the  UNCLOS,  the  Philippines  exercises  control  over  this  zone
necessary to:
(a) Prevent infringement of its customs,  fiscal, immigration, or sanitary laws
and regulations within its territory or territorial sea; and
(b) Punish infringement of the above laws and regulations committed within its
territory and territorial sea.
SEC.  8.  E]ccJw§J.tJc Eco#omi.c Zo#e.  -  The  exclusive  economic  zone  (EEZ)  of the
Philippines refers to the waters beyond and adjacent to its territorial sea and up to the
extent of two hundred (200) nautical miles from the baselines from which the breadth of
the territorial sea is measured, as established by Presidential Decree No. 1599, otherwise
known  as  the  `Philippine  Exclusive  Economic  Zone  of  1978",  and  to  the  extent
consistent with the other provisions of this Act and with the provisions of the UNCLOS.
In accordance with the UNCLOS, the Philippines exercises with the EEZ the following
rights,
(a) Sovereign  rights  over this  area for the  purpose  of exploring  and  exploiting,
conserving and managing the natural resources, whether living or non-living, of
the waters superjacent to the seabed, and of the seabed and its subsoil, and with
regard to other activities for the economic exploitation and exploration of the
zone, such as the production of energy from the water, tide, and wind; and
(b) Jurisdiction with regard to:  (i) the establishment and use of artificial  islands,
installations and structures; (ii) marine scientific research; (iii) the protection and
preservation of the marine environment; and (iv) other rigivs and duties provided
for in the UNCLOS.


SEC. 9. Co##.#c#ffl[/ Sfoe// -The continental shelf of the Philippines compromises the
seabed  and  subsoil  of  the  submarine  areas  that  extend  beyond  its  territorial  sea
throughout  the  natural  prolongation  of  its  land  territory  to  the  outer  edge  of the
continental  margin,  or to  a  distance  of two  hundred  (200)  nautical  miles  from  the
baselines from which the breadth of the territorial sea is measured, where the outer edge
of the continental margin does not extend up to that distance.
Continental  shelves  extending  beyond  two  hundred  (200)  nautical  miles  from  the
baselines shall be delineated in accordance with Article 76 of the UNCLOS.
The  Philippines  exercises  sovereignty  rights  to  explore  and  exploit  the  mineral,
petroleum  and  nonliving  resources  of the  seabed  and  subsoil  and  living  organisms
belonging   to   the   sedentary   species,   as   well   as  jurisdiction  with   regard   to   the
establishment and use of artificial  islands,  installations  and structures on the seabed,
drilling and tunneling, and other rights as provided for in accordance with the UNCLOS,
Republic Act No. 7942, otherwise known as the "Philippine Mining Act of 1995", and
other existing laws and treaties.
SEC.  10 4dfecrej®ce fo Exz.sfl.i®g £¢ws. - Other rights of the Philippines relative to its
maritime zones and entitlements shall be exercised in accordance with the UNCLOS,
the awards rendered by the Arbitral Tribunal in Permanent Court of Arbitration (PCA)
Case  No.  2013-19,  in  the  matter  of the  South  China  Sea  Arbitration  between  the
Republic of the Philippines and the People's Republic of China, handed down on July
12, 2016 at The Hague, The Netherlands, and other laws and regulations on maritime
zones and entitlements of the Philippines and international law.
SHC. 11. Dc/j.mz./wtr.o#s -Where the maritime zones defined in this Act overlap with the
maritime zones of neighboring State, the common boundaries shall be determined by
agreement with that  State  in accordance with the  relevant principles  of delimitation
under international law, including the UNCLOS.
SHC.12. Rccz.procrty ¢#d fl4lwfw¢/ Rcspecf -The rights and privileges of foreign vessels
and  aircraft  in  Philippines  archipelagic  waters  here  provided  are  recognized  under
conditions of reciprocity and mutual respect. Foreign States that do not abide by, or that
act inconsistently with, the 1982 United Nations Convention on the Law of the Sea shall
not be entitled to exercise the rights, nor be owed the obligations, relative to the regime
of archipelagic waters and the right of archipelagic sea lanes passage under Part IV of
the Convention.
SEC.  13.  Sep¢rob!.Jtry  CJ¢¢tse - If any  portion  or provision  of this  Act  is  declared
uriconstitutional or invalid, the other portions or provisions hereof not affected thereby
shall continue to be in full force and effect.
SEC. 14. RepcoJz.#g CJ¢wsc -All laws inconsistent with or contrary to the provisions of
this Act are deemed amended or repealed accordingly.
SEC.15. EJ7rcc/I.tJrty. -This Act shall take effect fifteen (15) days after its publication
in the O#cz.cz/ Gczze//e or in a newspaper of general circulation.
Approved.