FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regu/ar Session 
) 
SENATE 
Senate Bill No. 
1.11 0 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Local Government Code (RA. No. 7160) included in its definition of 
"municipal waters" inland waters .and marine waters up to fifteen (15) kilometers 
from the coastline (Section 131 (r)) and gave municipalities/cities exclusive 
authority to grant fishery privileges in municipal waters. Preferential rights to 
fishery privileges were also given to duly registered organizations and 
cooperatives of marginal fisherfolk (Section 149). 
The Philippine Fisheries Code (RA. No. 8550) strengthened the 
jurisdiction of municipalities/cities over municipal waters (Section 16) and the 
preferential rights of marginal fisherfolk (Section 17). However, the actual 
delineation of municipal waters, specially those with offshore islands, could not 
be completed mainly because of the different interpretations of the phrase 
"including offshore islands" added in the definition of municipal waters in the 
Philippine Fisheries Code (Section 4(58)). The issue revolves around how to 
measure the 15 kilometers - whether to measure from the mainland or offshore 
islands. 
This bill seeks to amend Section 4(58) of RA. No. 8550 to rectify the 
ambiguity of the current definition by adopting the archipelagic principle in the 
definition of muniCipal waters. The archipelagic principle is enshrined in Article 1 
of the 1987 Constitution and has been one of the fundamental pillars of the 
Philippine concept of national territory. Since the 1950s, the state has pushed 
this principle, which eventually led to the so-called "Archipelagic Doctrine" in 
international law and has become the legal and political basis for considering our 
7,107 islands as one political unit. This doctrine is one of our most important 
contributions to the international legal system for without it, international waters 
will separate the widely scattered islands of our archipelago, and the Filipino 
nation will be deprived of the large tracts of marine resources between the 
islands that it has claimed since its inception. 
The country's foreign policy and legal positions before the international 
community cannot be inconsistent with our national law and policy. If we do not 
apply the archipelagic principle to the component units of our country, the local 
government units, we would undermine the most fundamental pillar of our 
concept of national territory. Moreover, we would deprive municipalities/cities of 
the full exercise of their jurisdiction over municipal waters and the marginal 
fisherfolks' preferential rights over fishery resources. 


In view of the foregoing, early passage of this bill is earnestly requested. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 4 4 0 
) 
) 
) 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
AMENDING SECTION 4 (PARAGRAPH 58) OF R.A. 8550, ENTITLED: "AN 
ACT PROVIDING FOR THE DEVELOPMENT, MANAGEMENT AND 
CONSERVATION OF THE FISHERIES AND AQUATIC RESOURCES, 
INTEGRATING ALL LAWS PERTINENT THERETO, AND FOR OTHER 
PURPOSES" 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Paragraph fifty-eight (58), Section 4 of the R.A. No. 8550 is 
hereby amended, to read as follows: 
"SEC. 4 (58). Municipal Waters - include not only streams, lakes, inland 
bodies of water and tidal waters within the municipality which are not included 
within the protected areas as defined under RA 7586 (The NIPAS Law), public 
forest, timber lands, forest reserves or fishery reserves, but also marine waters 
included between two (2) lines drawn perpendicular to the general coastline from 
points where the boundary lines of the municipality touch the sea at low tide and 
a third line parallel with the general coastline including offshore islands and 
fifteen (15) kilometers from such coastline. 
WHERE THE TERRITORY OF A MUNICIPALITY INCLUDE SEVERAL 
ISLANDS, THE OUTER MOST POINTS OF SUCH ISLANDS SHALL BE USED 
AS BASE POINTS AND CONNECTED BY ARCHIPELAGIC BASELINES, 
IRRESPECTIVE OF THE LENGTHS OF SUCH BASELINES FROM THE MAIN 
COASTLINES. 
Where two (2) municipalities are situated on opposite shores that there is 
less than thirty (30) kilometers of marine waters between them, the third line shall 
be equally distant from opposite shore of the respective municipalities." 
SEC. 2. Repealing Clause. - All laws, decrees, orders, rules and 
regUlations or parts thereof inconsistent with the Act are hereby repealed or 
modified accordingly. 
SEC. 3. Separability Clause. - If any portion or provision of this Code is 
declared unconstitutional or invalid, the portions or provisions hereof, which are 
not affected thereby, shall continue in full force and in eff~ct. 


SEC. 4. Effectivity. -This Act shall take effect fifteen (15) days following 
its complete publications in at least two (2) newspapers of general circulations. 
Approved,