REPUBLIC OF THE PHILIPPIN
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 809 _

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN IL

EXPLANATORY NOTE

A No, 9522 amended the provision of RA 3046, as amended by RA No. 5446, and
effectively defined the archipelagic baselines of the Philippines thereby delineating the
boundaries of the Philippine archipelago. It runs consistent with the provisions of Article 46
of the United Nations Convention on the Law of the Sea (UNCLOS).

he UNCLOS, which entered into force on November 14, 1994, recognizes that “an

elagic state is a group of islands including parts of islands, interconnecting waters and
other natural features which are closely interrelated that such islands, waters and other natural
features form an intrinsic geographical, economic and political entity, or which historically
have been regarded as such". Likewise, under the UNCLOS, an archipelagic state is allowed
to draw straight baselines joining the outermost points of the outer islands and drying reefs.

Though RA No. 9522 provided the delineation of the archipelagic baselines of the
Philippines, it failed, on the other hand, to provide and establish the archipelagic sea lanes of
the Philippines as espoused in Article 53 of the UNCLOS. This proposed measure, therefore,
seeks to establish archipelagic sea Janes in the Philippines! archipelagic waters, prescribing
the rights and obligation of foreign ships and aircraft exercising the right of archipelagic sea

lanes passage through the established archipelagie sea lanes and providing for the associated
measures therein.

In view of the foregoing reasons, the immediate passage of this bill is urgently sought.

Magdalo Para sa Pilipino Party-List


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES,

Quezon City
EIGHTEENTH CONGR
First Regular Sessi

gna

House Bill No.

Introduced by MAGDALO Party-List Representative
HON, MANUEL DG, CABOCHAN Ii

AN AC
FO ESTABLISH THE ARCHIPELAGIC
ARCHIPELAGIC WATERS, PRESCRIBIN'
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

A LANES IN THE PHILIPPINE
THE RIGHTS AND OBLIGATIONS

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

Congress assembled:

ARTICLE 1, 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
con the Law of the Sea (UNCLOS) and relevant international conventions to which the
Philippines is a party

SEC. 3. Definition of Terms. - As used in this Act, the following terms are in
accordance with the UNCLOS:

(a) _Archipelagie 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 lane 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
ot ait exclusive economic zone (FEZ) and another part of the high seas or an

(©) Archipelagic waters shall refer to the waters on the landward side of the
archipelagic baselines except as defined as Internal Waters;


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(d) Associated protective measure shall refer to measure that a coastal State may
adopt to regulate international maritime activities for the protection of the area at risk;

(c) 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;

(8 Oceanographic survey shall refer to a study or examination of any physical,
chemical, biological, geological or geophysical condition on 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
i is not prejudicial to the peace, good order or security of the coastal State; and

(h) Territorial sea shall refer to the belt of sea measured twelye (12) nautical
miles from the baselines or from the low-water line, as the case may be.

ARTICLE IL, RIGHTS AND OBLIGATIONS OF FOREIGN SHIPS AND

AGE

EC. 4, Right of Archipelagic Sea Lanes Passage of Foreign Ships and Aircrafts. -
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 seri
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 12 hereof,

SEC. 5. Obligations of Foreign Ships and Aircrafts 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 aircrafts 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 aircrafts, 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


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in Violation of the principles of international law embodied in the Charter of the United
Nations

(d) Foreign ships and aircrafts, 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 ordnance:

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

(1) All foreign ing the right of archipelagic sea lanes passage shall refrain
from stopping, dropping anchor or loitering, except when rendered necessary by for
sngjeure or by distress in order to render assistance to a person or persons or a ship or s|
experiencing distress,

(g) Foreign ships or airerafis 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. 6. Permit to Conduct Oceanographic or Hydrographic Surveys. - Foreign
ships or aircraft, including research or hydrographic survey ships or 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 Philippin

SEC. 7. 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 fishing
equipment within hold.

Foreign ships and aircrafts, while exercising the right of archipelagic sea lanes
passage, shall not load t 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. 8. 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 the
collisions at sea.

(b) Foreign ships, while exercising the right of archipelagic sea lanes passage in a sea
Jane where a traffic separation scheme has been established for the regulation of navigation,
shall comply with the provisions of the traffic separation scheme



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(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 lanes passage, shall
not sail to close to prohibited zones as determined by concerned agencies.

SEC. 9 Obligations of foreign Civil Aircrafts.
(a) Foreign civil aircrafts exercising the right of archipelagic sea lanes 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

(b) Foreign national aircrafts exercising the right of archipelagic sea lanes passage

shall.

(J) 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. 10. Prevention of Marine Pollution and Nuclear 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 a s in contravention
of international regulations and standards for the prevention reduction and control of marine
poliution that originate from ships.

(b) Foreign ships while exercising the right of archipelagic sea lanes passage shall not
dump waste in Philippine waters.

(©) 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. 11, 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 liable 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 noncompliance with any of the
provisions of this Act by a foreign warship or aircraft or other government ship operated for


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noncommercial purposes while exerc
Philippine waters.

12 the right of archipelagic sea lanes p:

age in the

ARTICL
D
ARCHIPE]

IIL THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES TO.
GNATE THE ARCHIPELAGIC SEA LANES FOR THE RIGHT OF
_AGIC SEA LANES PASSAGE AND TO INSTITUTE THE ASSOCIATED
PROTECTIVE MEASURES THERETO.

12. Designation by the President of Archipelagic Sea Lanes. - In pursuit of the
Philippine National Policy, the President shall promulgate, through an Executive Issuance,
the archipelagic sea lanes which may be used for the right of archipelagic sea lanes passage
nd the rules and regulations relating 10 Associated Protective Measures to be prescribed
within areas along the archipelagic sea lanes in accordance with the International Maritime

nization (IMO) Conventions and Regulations and other relevant international
reements,

or

ARTICLE IV. FINAL PROVISIONS,

2. 13. Right of Innocent Passage. - The provisions of this Act shall not diminish
f foreign ships to exercise the right of innocent passage in archipelagic sea lanes.

the rights

14, National West Coast Watch System (NCWS). - The NCWS, created by the
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
organizational structure,

In addition to its powers, 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 West Coast Watch Center (NCW Center) shall
establish, monitor, and implement Associated Protective Measures for the designated
archipelagic sea lanes.

SEC. 1. Separability clause.- If any portion or provision of this Act is declared
unconstitutional or invalid, the other portions or provisions hereof which are not affected
thereby shall continue to be in full force and effect.

SEC. 16. Repealing Clause, - All laws inconsistent with or contrary to the provisions
of this Act are deemed amended, modified or repealed accordingly.

SEC. 17. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette in two (2) newspapers of general circulation.

Approved,