Repubite of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 8018

introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT TO ESTABLISH 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 DESIGNATED ARCHIPELAGIC SEA
LANES, AND FOR OTHER PURPOSES

Under UNCLOS, an archipelagic State has sovereignty over its archipelagic waters
and the airspace above it, as well as its seabed and subsoil. The archipelagic State
may designate sea lanes and air routes suitable for the continuous and expeditious
passage of ships and aircraft through or over its archipelagic waters and the
adjacent territorial sea

R.A. 9255 amended the provision of R.A. 3046 as amended by R.A. NO. 5446, and
effectively delineated the archipelagic baselines of the Philippines. However, it failed
to provide and establish the archipelagic sea lanes of the Philippines as espoused in
Articles 53 of the UNCLOS.

With its waters linked to important and busy navigational routes, it is imperative that
the Philippines designate its archipelagic sea lanes in consideration of its own
security, economic, and environmental interests.

This measure seeks to establish archipelagic sea lanes in the Philippines's
archipelagic waters, prescribing the rights and obiigations of foreign ships and
aircraft exercising the right of archipelagic sea lanes passage through established
archipelagic sea lanes.

In view of the foregoing, the immediate passage of this bill is most earnestly sought



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quejon Cuy

EIGHTEENTH CONGRESS
Second Regular Session

House Bi no, 8918

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.
a

AN ACT TO ESTABLISH 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 DESIGNATED ARCHIPELAGIC SEA
LANES, AND FOR OTHER PURPOSES.

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

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

SEC. 3. Scope of Application. - This Act shall apply to foreign ships and aircraft
exercising the right of archipelagic sea lanes passage through designated
archipelagic sea lanes; Provided, pending the designation of said archipelagic sea
lanes, ships and aircraft passing through routes normally used for international
navigation shall be subject to the prohibitions and obligations set out in this Act

SEC. 4. Definition of Terms. - As used in this Act, the following terms are defined in
accordance with the UNCLOS.

(a) Archipelagic sea lane shall refer to the designated sea lanes and air routes in the
archipelagic waters through which foreign vessels or aircraft may exercise the right
of archipelagic sea lanes passage

(b) Archipelagic sea lanes passage shall refer to the exercise, in accordance with the
UNCLOS, of the rights 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) Archipelagic wat shal! refer to the wate on the landward side of the
archipelagic baselines except as defined as Internal Waters

(d) Associated protective measure shall refer to the 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, 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 shali refer to the belt of sea measured tweive (12) nautical miles
from the baselines or from the low-water line, as the case may be

SEC. 5. Right of Archipelagic Sea Lanes Passage of Foreign Ships and Aircraft. -
Foreign ships and aircraft may exercise the right of archipelagic sea lanes passage
in accordance 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
Passage routes to the exit points. The exercise of the right of archipelagic sea lanes
shall be through a sea lane. or through the air above a sea lane, which has been
determined to be an archipelagic sea lane that may be used for exercising the right
of archipelagic sea lanes passage as described in Section 13 hereof.

SEC. 6. Obligations of Foreign Ships and Aircraft When Exercising the Right of
Archipelagic Sea Lanes Passage. —

(a) Foreign ships and aircraft exercising the right of archipelagic sea lanes passage
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 islands bordering the sea jane.


(c) Foreign ships and aircraft, while exercising the right of archipelagic sea lanes
passage, shal! 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.

(a) No foreign ships and aircraft, including military aircraft and warships. while
exercising the right of archipelagic sea lanes passage, shall perform any war game
exercises or exercises using any type of weapons, especially involving the use of
ordnance.

(e) Except when rendered necessary by force majeure or by distress, an aircraft
exercising the right of archipelagic sea lanes passage shall not land in the Philippine
territory

(f) No foreign ships exercising the right of archipelagic sea lanes passage shall stop.
drop anchor or loiter. 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 a disaster.

(g) No foreign ships or aircraft exercising the right of archipelagic sea lanes passage
shall make covert transmissions, interfere with telecommunications systems, and
communicate directly with an unauthorized person or group of persons in Philippine
territory.

SEC. 7. Permit to Conduct Oceanographic or Hydrographic Surveys. - Foreign ships
or aircraft, including research or hydrographic survey ships of aircraft, while
exercising the right of archipelagic sea lanes passage, shall not conduct
oceanographic or hydrographic surveys, 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.

SEC. 8. Prohibition of Fishing, Loading, Unloading 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 Philippines.

(b) Foreign fishing vessels, while exercising the right of archipelagic sea lanes
passage, besides fulfilling their obligations under paragraph (a). shall stow all their
fishing equipment within the hold

(c) Foreign ships and aircraft. while exercising the right of archipelagic sea lanes
passage, shall not load to a ship or unload from a ship persons, goods or currency in
@ 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. 9. Compliance with Navigational Regulations, 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 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.

(d) Foreign ships, while exercising the right of archipelagic sea lane passage, shall
not sail too close to prohibited zones as determined by concerned agencies.

SEC. 10. Obligations of Foreign 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 at
all times

(8) Foreign national aircraft exercising the right of archipelagic sea lanes passage
shall

(1) respect the regulations concerning flight safety as detailed in Section 10(A)
hereof and at all times operate with due regard for the safety of navigation: and,

(2) fulfill their obligations as detailed in Section 10(A)(2) hereof
SEC. 11. Prevention of Marine Pollution and Nuclear Weapon. —

(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 exercising the right of archipelagic sea lanes passage shall not
dump waste in Philippine waters

(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. 12. Liability 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 fiable 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 non-compliance 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.

SEC. 13. Power to Designate Archipelagic Sea Lanes. - The Department of Foreign
Affairs (DFA), taking into account relevant provisions of the 1987 Constitution and
existing iaws, shall be the iead agency tasked to implement the provisions of this
Act. For purposes of achieving the objectives of this Act. the DFA shall

1. Establish a mechanism for the designation of archipelagic sea lanes:

2. Determine appropriate measures for the protection of areas along said sea ianes
in accordance with international conventions and agreements to which the
Philippines is a party, and 3. Coordinate with the Philippine Coast Guard (PCG),
National Mapping and Resource Information Authority (NAMRIA), and other
concerned agencies for the effective implementation of this Act.

SEC. 14. Implementing Rules and Regulations. - Within one (1) year from the
effectivity of this Act, the Department of Foreign Affairs (DFA) shall, in consultation
with the Philippine Coast Guard (PCG), National Mapping and Resource Information
Authority (NAMRIA), and other concerned agencies. promulgate the implementing
tules and regulations necessary to implementation of this Act. ensure the efficient
and effective

SEC. 15. 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. 16. Separability Clause. - \f any portion or provision of this Act is declared
unconstitutional or invalid, the other portions or provisions hereof which are not
affected thereby shail continue to be in full force and effect.

SEC. 17. Repealing Clause. - Ali laws inconsistent with or contrary to the provisions
of this Act are deemed amended, modified or repealed accordingly

SEC. 18. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in two (2) newspapers of general circulation.


Approved,