Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _____ 
Introduced by REP. JOSE FRANCISCO “KIKO” B. BENITEZ, Ph.D. 
EXPLANATORY NOTE 
The United Nations Convention on the Law of the Sea (UNCLOS) was signed in 1982 
and came into effect in 1994. The UNCLOS provides a constitution for the oceans that forms 
the framework and substance of the rules-based order of maritime governance, including the 
allocation of maritime zones to coastal states, as well as archipelagic states. 	
  
As a party to UNCLOS and a law-abiding member of the international community, the 
Philippines is bound to perform its obligations in good faith, and thus has the responsibility to 
harmonize its laws with the treaty. Therefore, in 2009, it enacted Republic Act No. 9522 to 
make the baselines of the territorial sea of the Philippine archipelago compliant with UNCLOS. 
It is from these baselines that the maritime zones seaward from Philippine territory are 
measured; and it is within these baselines that the Philippines has internal and archipelagic 
waters.  	
  
The indispensable next step in the harmonization of Philippine law with UNCLOS is the 
enactment of a comprehensive statute to establish the maritime zones of the Philippines in 
accordance with the treaty, which are mentioned and recognized in Article I and Article XII of 
the Constitution. 	
  
While some of these maritime zones are already defined or governed in various statutes 
and statutory provisions, they are fragmented and incomprehensive. These statutes and 
provisions do not establish the complete set of maritime zone regimes that the Philippines, as 
a coastal state, may define under UNCLOS; and some of them do not yet govern the 
Philippines’ maritime zones to the full geographical extent allowed under the treaty. 	
  
Further, many statutory provisions governing the maritime zones of the Philippines were 
enacted or issued before UNCLOS. As a consequence, they either reflect pre-UNCLOS 
international or domestic legal regimes, or enshrine Philippine negotiating positions on the law 
of the sea, which have been superseded by the entry into force of that treaty.  	
  
Evidently, it is necessary to remove all ambiguity by enacting a comprehensive maritime 
zones law that clearly establishes the legal regimes and geographical extent of these maritime 
zones in accordance with UNCLOS. This would not only demonstrate the adherence of the 
Philippines to international law, but would also remove any uncertainty on the part of its armed 
forces and civilian law enforcers as to which laws they may observe and over which area. It 
also provides for the requisite flexibility in enacting subsequent laws appropriate to the rights 
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and obligations to which the Philippines is entitled in exercising jurisdiction over its maritime 
zones. 	
  
In view of the foregoing, the prioritization and immediate passage of the current bill 
proposing a Maritime Zones Law is respectfully sought.  	
  
JOSE FRANCISCO “KIKO” B. BENITEZ 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _____ 
Introduced by REP. JOSE FRANCISCO “KIKO” B. BENITEZ, Ph.D. 
AN ACT  
DECLARING THE MARITIME ZONES UNDER THE JURISDICTION OF THE 
REPUBLIC OF THE PHILIPPINES  
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:  
SECTION 1. Short Title. – This Act shall be known as the “Philippine Maritime Zones 
Act”. 
SEC. 2. Maritime Zones. – The maritime zones of the Philippines comprise the internal 
waters, archipelagic waters, territorial sea, contiguous zone, exclusive economic zone (EEZ) 
and continental shelf. All territories of the Philippines shall generate their respective maritime 
zones in accordance with international law.  
SEC. 3. Archipelagic Baselines. – Archipelagic baselines, as used in this Act, refer to 
the baselines as defined under Republic Act No. 9522, otherwise known as the “Philippine 
Archipelagic Baselines Act of 2009”.  
SEC. 4. Internal Waters. – The internal waters of the Philippines, as appropriate, refer 
to the following:  
(a) waters on the landward side of the archipelagic baselines not forming part of
archipelagic waters under Section 5 of this Act and delineated in accordance with
Article 50 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS);
and
(b) waters on the landward side of the baselines of the territorial sea of territories outside
of the archipelagic baselines, drawn in accordance with Article 8 of the UNCLOS. The
Philippines exercises sovereignty over its internal waters and the airspace over it as
well as its seabed and subsoil in accordance with the UNCLOS and other existing laws
and treaties.
SEC. 5. Archipelagic Waters. – The archipelagic waters of the Philippines refer to the 
waters on the landward side of the archipelagic baselines except as provided for under Section 
4 of this Act.  
Within the archipelagic waters, closing lines for the delineation of internal waters shall 
be drawn pursuant to Article 50 of the UNCLOS and other existing laws and treaties. 
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The Philippines exercises sovereignty and jurisdiction over its archipelagic waters and 
the airspace over it as well as its seabed and subsoil in accordance with the UNCLOS and other 
existing laws and treaties.  
 
SEC. 6. Territorial Sea. – The territorial sea of the Philippines refers to the adjacent belt 
of sea measured twelve (12) nautical miles from the baselines of the territorial sea as 
determined in accordance with the provisions of Part II or Part IV of the UNCLOS as 
appropriate.  
The Philippines exercises sovereignty over its territorial sea and the airspace over it as well as 
its seabed and subsoil in accordance with the UNCLOS and other existing laws and treaties.  
 
SEC. 7. Contiguous Zone. – The contiguous zone of the Philippines refers to the waters 
beyond and adjacent to its territorial sea and up to the extent of twenty-four (24) nautical miles 
from the baselines from which the breadth of the territorial sea is measured.  
 
In accordance with the UNCLOS, the Philippines exercises control over this zone 
necessary to:  
 
(a)  prevent infringement of its customs, fiscal, immigration, or sanitary laws and 
regulations within its territory or territorial sea; and  
 
(b)  punish infringement of the above laws and regulations committed within its territory or 
territorial sea.  
 
SEC. 8. Exclusive Economic Zone. – The exclusive economic zone (EEZ) of the 
Philippines refers to the waters beyond and adjacent to its territorial sea and up to the extent of 
two hundred (200) nautical miles from the baselines from which the breadth of the territorial 
sea is measured, as established by Presidential Decree No. 1599, otherwise known as the 
“Philippine Exclusive Economic Zone of 1978”, and to the extent consistent with the other 
provisions of this Act and with the provisions of the UNCLOS.  
 
In accordance with the UNCLOS, the Philippines exercises within the EEZ the following 
rights: 
  
(a)  superjacent to the seabed, and of the seabed and its subsoil, and with regard to other 
activities  for the economic exploitation and exploration of the zone, such as the 
production of energy  from the water, tide, and wind; and   
 
(b)  jurisdiction with regard to: (i) the establishment and use of artificial islands, 
installations and structures; (ii) marine scientific research; (iii) the protection and 
preservation of the marine environment; and (iv) other rights and duties provided for in 
the  UNCLOS.   
 
SEC. 9. Continental Shelf. – The continental shelf of the Philippines comprises the 
seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the 
natural prolongation of its land territory to the outer edge of the continental margin, or to 
a distance of two hundred (200) nautical miles from the baselines from which the breadth of 
the territorial sea is measured, where the outer edge of the continental margin does not extend 
up to that distance. 
 


Continental shelves extending beyond two hundred (200) nautical miles from the 
baselines shall be delineated in accordance with Article 76 of the UNCLOS.   
 
The Philippines exercises sovereign rights to explore and exploit the mineral, petroleum 
and nonliving resources of the seabed and subsoil and living organisms belonging to the 
sedentary species, as well as jurisdiction with regard to the establishment and use of artificial 
islands, installations and structures on the seabed, drilling and tunneling, and other  rights as 
provided for in accordance with the UNCLOS, Republic Act No. 7942, otherwise known as 
the “Philippine Mining Act of 1995”, and other existing laws and treaties.     
 
SEC. 10. Adherence to Existing Laws. – Other rights of the Philippines relative to its 
maritime zones and entitlements shall be exercised in accordance with the UNCLOS, the 
awards rendered by the Arbitral Tribunal in Permanent Court of Arbitration (PCA) Case No. 
2013-19, in the matter of the South China Sea Arbitration between the Republic of the 
Philippines and the People’s Republic of China, handed down on July 12, 2016 at The Hague, 
The Netherlands and other laws and regulations on maritime zones and entitlements of the 
Philippines and international law.  
 
SEC. 11. Delimitations. – Where the maritime zones defined in this Act overlap with the 
maritime zones of a neighboring State, the common boundaries shall be determined by 
agreement with that State in accordance with the relevant principles of delimitation under 
international law, including the UNCLOS.  
 
SEC. 12. Reciprocity and Mutual Respect. – The rights and privileges of foreign vessels 
and aircraft in Philippines archipelagic waters here provided are recognized under conditions 
of reciprocity and mutual respect. Foreign States that do not abide by, or that act inconsistently 
with, the 1982 United Nations Convention on the Law of the Sea shall not be entitled to 
exercise the rights, nor be owed the obligations, relative to the regime of archipelagic waters 
and the right of archipelagic sea lanes passage under Part IV of the Convention.   
 
SEC. 13. Separability Clause. – If any portion or provision of this Act is declared 
unconstitutional or invalid, the other portions or provisions hereof not affected thereby shall 
continue to be in full force and effect.  
 
SEC. 14. Repealing Clause. – All laws inconsistent with or contrary to the provisions of 
this Act are deemed amended or repealed accordingly.  
 
SEC. 15. Effectivity. – This Act shall take effect fifteen (15) days after its publication in 
the Official Gazette or in a newspaper of general circulation.