EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
Second Regular Session 
)
SENATE
S. No. 1890
f tf.lB
NOE
Introduced by Senator Aquilino “Koko” Pimentel III
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
EXPLANATORY NOTE
Republic Act No. 9522 entitled, 'An Act to Amend Certain 
Provisions of Republic Act No. 3046, as Amended by Republic Act No. 
5446, to Define the Archipelagic Baselines of the Philippines, and for 
Other Purposes^ made the country’s archipelagic baselines system 
conform with the 1982 United Nations on the Law of the Sea (UNCLOS) 
to which the Philippines is a state party. R.A. No. 9522 attests to the 
continued commitment of the Philippines as an archipelagic State to 
harmonize its domestic legislation with UNCLOS.
Under UNCLOS, an archipelagic State has sovereignty over its 
archipelagic waters and the airspace above it, as well as its seabed and 
subsoil. All ships and aircraft, nevertheless, enjoy in the archipelagic 
waters the right of archipelagic sea lanes passage or the exercise in 
accordance with UNCLOS of the rights of navigation and overflight 
solely for the purpose of continuous, expeditious, and unobstructed transit 
between one part of the high seas or an exclusive economic zone and 
another part of the high seas or an exclusive economic zone. The 
archipelagic State may designate sea lanes and air routes suitable for the
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continuous and expeditious passage of ships and aircraft through or over 
its archipelagic waters and the adjacent territorial sea. In case, however, 
that the archipelagic State does not designate archipelagic sea lanes, the 
right of archipelagic sea lanes passage may be exercised through the 
routes normally used for international navigation.
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. 
The exercise of the right of archipelagic sea lanes passage within the 
country’s archipelagic waters can be rationalized by pursuing a balance 
between international maritime navigation and overflight requirements 
and domestic considerations. Non-designation of archipelagic sea lanes 
has the effect of waiving the right to designate in favor of other states who 
could freely exercise archipelagic sea lanes passage through Philippine 
archipelagic waters that they think are “the routes normally used for 
international navigation.” This obviously is detrimental to the 
Philippines’ interest.
This bill seeks to establish archipelagic sea lanes in Philippine 
archipelagic waters and the adjacent territorial sea, prescribing the rights 
and obligations of foreign ships, and aircraft exercising the right of 
archipelagic sea lanes passage through the established sea lanes and 
providing for the associated measures therein.
In view of the foregoing, the passage of this measure is earnestly 
requested.
AQUILINO JKOKO” PIMENTEL III


EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
Second Regular Session 
)
SENATE
S. No. 1890
R
DATE
TtME
IINDE X
Introduced by Senator Aquilino “Koko” Pimentel HI
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:
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SECTION 1. Short Title. - This Act shall be known as the
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uPhilippine Archipelagic Sea Lanes Act.”
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SEC. 2. State Policy. - The State in the exercise of its duty to
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protect its maritime domain shall implement and adhere to the
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provisions of the 1982 United Nations Convention on the Law of the Sea
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(UNCLOS) and relevant international conventions to which the
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Philippines is a party.
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SEC. 3. Scope of Application. — This Act shall apply to foreign
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ships and aircraft exercising the right of archipelagic sea lanes passage
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through designated archipelagic sea lanes; Provided, pending the
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designation of said archipelagic sea lanes, ships and aircraft passing
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through routes normally used for international navigation shall be
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subject to the prohibitions and obligations set out in this Act.


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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 waters shall refer to the waters 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


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(h) Territorial sea shall refer to the belt of sea measured twelve
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(12) nautical miles from the baselines or from the low-water line, as the
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case may be.
SEC. 5. Right ofArchipelagic 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 lane.


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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
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Charter of the United Nations.
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(d) No foreign ships and aircraft, including military aircraft and
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warships, while exercising the right of archipelagic sea lanes passage,
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shall perform any war game exercises or exercises using any type of
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weapons, especially involving the use of ordnance.
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(e) Except when rendered necessary by force majeure or by
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distress, an aircraft exercising the right of archipelagic sea lanes passage
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shall not land in the Philippine territory.
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(f) No foreign ships exercising the right of archipelagic sea lanes
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passage shall stop, drop anchor or loiter, except when rendered
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necessary by force majeure or by distress in order to render assistance to
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a person or persons or a ship or ships experiencing a disaster.
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(g) No foreign ships or aircraft exercising the right of archipelagic
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sea lanes passage shall make covert transmissions, interfere with
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telecommunications systems, and communicate directly with an
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unauthorized person or group of persons in Philippine territory.
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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.


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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 fo a ship or unload fi”om 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. 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.


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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
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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 aircraft exercising the right of archipelagic 
sea lanes passage shall:
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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,
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fulfill their obligations as detailed in Section 10(A)(2) hereof.
SEC.ll. 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


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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 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 laws, shall be the lead 
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 lanes 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 rules and


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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. - 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. 17. Repealing Clause. - All 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,