NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
off ci.
)
24 MAR 13 P7:28
SENATE 
S. No. ^606
RECEIVED 3'-':
Introduced by Senator Ronald "Bato" Dela Rosa
AN ACT
ESTABLISHING THE ARCHIPELAGIC SEA LANES IN 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
The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is a 
public international law that provides a legal framework for the use of oceans and 
seas. It governs the geographical maritime jurisdictions of coastal states and 
provides the rights, duties, and responsibilities of each state over such jurisdictions. 
Further, it provides the rules emphasizing the protection and exploitation of the 
marine environment and mechanism for dispute management arising from the usage 
of oceans and seas.
Under Article 53 of the said Convention, it provides that an "archipelagic state 
may designate sea lanes and air routes thereabove, suitable for the continuous and 
expeditious passage of foreign ships and aircraft through or over its archipelagic
1


waters and the adjacent territorial sea." This provision in UNCLOS gives flexibility to 
an archipelagic state to establish their ASL.
As an archipelagic state, the Philippines has yet to institutionalize the legal 
framework for the establishment of the corresponding ASL since ratifying the 
UNCLOS in 1984. Thus, the proposed bill seeks to implement the provision
The designation of ASL is a timely response in confronting the challenges of 
the rules-based international order in the oceans in which our policies are anchored. 
With this proposed measure, the country can better assert its sovereignty, sovereign 
rights, and jurisdiction over waters — thus making our archipelagic status in order, 
consistent with the principle of pacta sunt servanda in relation to our treaty 
obligations under the UNCLOS.
In view of the foregoing, I earnestly urge the passage of this bill.
RONALD
ELA ROSA


NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
SENATE 
S.B. No.
,7.
ot tl)f £'•' Ilf*1'1?
24 m 13 P7 :29
RECE* < D 8 . • —
Introduced by Sen. Ronald "Bato" Dela Rosa
AN ACT
ESTABLISHING THE ARCHIPELAGIC SEA LANES IN 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:
1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
ARTICLE I
GENERAL PROVISIONS
Section 1. Short Title. -This Act shall be known as the "Philippine Archipelagic 
Sea Lanes Act".
Sec. 2. Declaration of 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.
Sec. 3. Scope of Application. - This Act shall govern the exercise of archipelagic 
sea lanes passage through the designated archipelagic sea lanes by foreign ships and 
aircraft; Provided, that pending designation of the said archipelagic sea lanes, ships, 
and aircraft passing through routes normally used for international navigation shall 
comply with the provisions of this Act.
1


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Sec. 4. Definition of Terms. - As used in this Act, the following terms are defined 
in accordance with the UNCLOS
a) Archipeiagic sea ianes shall refer to the designated sea lanes and air 
routes in the archipelagic waters through which foreign ships or aircraft 
may exercise archipelagic sea lanes passage;
b) Archipeiagic sea ianes passage shall refer to the exercise of navigation 
and overflight in the normal mode solely for the purpose of continuous, 
expeditious, and unobstructed 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) Archipeiagic waters shaW refer to the waters on the landward side of the 
archipelagic baselines except those delineated as internal waters;
d) Hydrographic survey shall refer to a survey having for its principal 
purpose the determination of data relating to bodies of water. A 
hydrographic survey may consist of the determination of one or several 
of the following classes of data: depth of water; configuration and nature 
of bottom; directions and force of currents; heights and times of tides 
and water stages; and location of topographic features and fixed objects 
for survey and navigation purposes;
e) Internai waters shaW refer to the waters inside the archipelagic baselines 
which are deiineated from the archipelagic waters based on Article 50, in 
relation to Articles 9,10, and 11 of the UNCLOS;
f) Oceanographic survey shall refer to a study or examination of any 
physical, chemical, biological, geological, or geophysical condition in the 
ocean, or any part of it;
g) Right of innocent passage shall refer to the right of continuous and 
expeditious passage of foreign ships through the territorial seas that is 
not prejudicial to the peace, good order, or security of the coastal State. 
Passage includes stopping and anchoring, but only insofar as the same 
are incidental to ordinary navigation or are rendered necessary by force 
majeureor distress or for the purpose of rendering assistance to persons, 
ships or aircraft in danger or in distress. Passage shall be considered as 
prejudicial to the peace, good order, and security of the coastal State if 
in the territorial sea, the ship engages in any of the activities enumerated 
in Article 19 of the UNCLOS. This right of innocent passage applies to 
archipelagic waters as provided in Article 52 of the UNCLOS; and
h) Territoriaisea shall refer to the belt of sea measured twelve (12) nautical 
miles from the baselines.
ARTICLE II
RIGHTS AND OBLIGATIONS OF FOREIGN SHIPS AND AIRCRAFT WHEN 
EXERCISING THE RIGHT OF ARCHIPELAGIC SEA LANES
Sec. 5. Right of Archipeiagic Sea Lanes Passage of Foreign Ships and Aircraft. 
- Foreign ships and aircraft may exercise archipelagic sea lanes passage in accordance


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
with the provisions of 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 routes to the exit points. The 
exercise of archipelagic sea lanes passage shall be through these sea lanes, or through 
the air above these sea lanes, as designated pursuant to this Act.
Sec. 6. Designation of ArchipeiagicSea Lanes. - The President of the Philippines is 
hereby authorized to designate the archipelagic sea lanes of the Philippines and, if 
appropriate, establish traffic separation schemes for the safe passage of ships through 
narrow channels in such sea lanes; Provided, that no more than three (3) archipelagic 
sea lanes shall be designated absent clear and compelling reasons to the contrary;
Provided further, that in the identification of archipelagic sea lanes, the following 
factors shall be considered:
a) National interest;
b) Particularly sensitive sea areas (PSSAs);
c) Marine Protected Areas (MPAs);
d) Key biodiversity areas (KBAs);
e) Safety of navigation; and
f) Risk of pollution.
Provided furthermore, that the requirements under UNCLOS in the designation of 
archipelagic sea lanes shall be complied with; Provided finaily, that the designation of 
the archipelagic sea lanes shall be given due publicity.
Ninety (90) days after the archipelagic sea lanes are designated and, if appropriate, 
traffic separation schemes are prescribed in accordance with this Section, foreign ships 
and aircraft can exercise archipelagic sea lane passage only through the designated 
archipelagic sea lanes and foreign ships must follow the prescribe traffic separation 
schemes.
When circumstances require, the President may substitute other sea lanes or traffic 
separation schemes for any sea lanes or traffic separation schemes previously 
designated; Provided, that in the designation of substitute sea lanes and traffic 
separation schemes, the requirements under the preceding paragraphs of this section 
shall be complied with.
Sec. 7. Exercise of Archipeiagic Sea Lanes Passage. - Foreign ships and aircraft 
exercising archipelagic sea lanes passage shall be governed by the following rules:
a) Foreign ships and aircraft exercising the right of archipelagic sea lanes passage


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
shall pass through or above the archipelagic sea lane as quickly as possible 
without delay and in the normal mode solely for the purpose of continuous, 
expeditious and unobstructed transit;
b) Foreign ships and aircraft that are conducting archipelagic sea lanes passage 
shall not deviate more than twenty-five (25) nautical miles to either side of the 
axis line of the sea lane: Provided, that such ships and aircraft shall not navigate 
closer to the coast more than ten percent (10%) of the distance between the 
nearest points on the islands bordering the sea lane;
c) Foreign ships and aircraft, while exercising the right of archipelagic sea lanes 
passage shall refrain from any threat or use of force against the sovereignty, 
territorial integrity, or political independence of the Republic of the Philippines, 
or in any other manner in violation of the principles of international law 
embodied in the Charter of the United Nations;
d) Foreign ships and aircraft, including military aircraft and warships, while 
exercising the right of archipelagic sea lanes passage, shall refrain from any 
war game exercises or exercises using any type of weapons, especially involving 
the use of ordinance;
e) Except when rendered necessary by the force majeure or by distress, an aircraft 
exercising the right of archipelagic sea lanes passage shall not land in Philippine 
territory;
f) All foreign ships exercising the right of archipelagic sea lanes passage shall 
refrain from stopping, dropping anchor, or loitering, except when rendered 
necessary by force majeure or by distress in order to render assistance to a 
person or persons or a ship or ships experiencing distress; and
g) Foreign ships and aircraft exercising the right of archipelagic sea lanes passage 
shall refrain from making covert transmissions, interfering with 
telecommunications systems, and communicating directly with an unauthorized 
person or group of persons in Philippine territory.
Sec. 8. Prohibition Against Unauthorized Research and Survey Activities. -Foreign 
ships or aircraft, including marine scientific research or survey ships or aircraft, while 
exercising archipelagic sea lanes passage, shall not conduct oceanographic or 
hydrographic surveys or any other research or survey activities, whether with the use 
of detection equipment or sample gathering equipment, unless they have obtained 
prior permission to do so from the appropriate agency of the government of the 
Republic of the Philippines.


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
Sec. 9. Prohibition of Fishing, Loading, Unioading of Persons, Goods, or Currency.
a) Foreign ships, including fishing vessels, while exercising the right of archipelagic 
sea lanes passage, shall not conduct any fishing operation or exploitation of 
marine resources of the marine resources of the Philippines; and
b) Foreign fishing vessels, while exercising the right of archipelagic sea lanes 
passage, besides fulfilling their obligations under paragraph (a), shall stow all 
fishing equipment within hold.
Foreign ships and aircraft, while exercising the right of archipelagic sea lanes 
passage, shall not load a ship or unload from a ship, persons, goods or currency in a 
manner that contravenes the laws and regulations concerning customs, immigration, 
fiscal matters and health, except when rendered necessary by force majeure or by 
distress.
Sec. 10. Compiiance with Navigationai Reguiations, Procedures, and Traffic 
Scheme. -
a) Foreign ships, while exercising the right of archipelagic sea lanes passage, shall 
comply with the generally accepted international regulations, procedures and 
practices concerning safety of navigation, including regulations relating to the 
prevention of the collisions at sea;
b) Foreign ships, while exercising the right of archipelagic sea lanes passage in a 
sea lane where a traffic separation scheme has been established for the 
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; and
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. 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
5


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
designated air traffic control authority or the appropriate international 
distress radio frequency at all times.
(b) Foreign national aircraft exercising the right of archipelagic sea lanes passage 
shall:
1) Respect the regulations concerning flight safety 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. 12. Prevention of Marine Poiiution and Nuciear 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 
originate from ships;
b) Foreign ships while exercising the right of archipelagic sea lanes passage shall 
not dump waste in Philippine waters; and
c) Consistent with the national interest, the exercise of the right of archipelagic 
sea lanes passage by all foreign ships must be consistent with the constitutional 
mandate of freedom from nuclear weapons in Philippine territory.
Sec. 13. Liabiiity for Damage.-
a) The person or legal body responsible for the operation or cargo of foreign 
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 non-compliance with any of the 
provisions of this Act while exercising the right of archipelagic sea lanes 
passage.


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
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 non-compliance with 
any of the provisions of this Act by a foreign warship or aircraft or other 
government ship operated for non-commercial purposes while exercising the 
right of archipelagic sea lanes passage in the Philippine waters.
ARTICLE III 
FINAL PROVISIONS
Sec. 14. Right of Innocent Passage. - The provisions of this Act shall not 
diminish the rights of foreign ships to exercise the right of innocent passage in 
archipelagic sea lanes.
Sec. 15. National West 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 original structure.
In addition to its power, 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. 16. Separability Clause. - Should any provision or part of this Act be 
declared unconstitutional or invalid, the other provisions and parts hereof, insofar as 
they are separable from the invalid ones, shall remain in full force and effect.
Sec. 17. Repealing Clause. - All laws, decrees, orders. Issuances, rules and 
regulations or parts thereof which are inconsistent with this Act are hereby repealed 
or modified accordingly.
Sec. 18. Effectivlty. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette in two (2) newspapers of general circulation.
Approved,