Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUSTAVO S. TAMBUNTING 
EXPLANATORY NOTE 
The Philippine archipelago is connected by the waters around and between the islands making it 
vulnerable to external maritime threats, pollution and exploitation. The 1987 Philippine 
Constitution defines national territory as “comprises the Philippine archipelago, with all the islands 
and waters embraced therein, and all other territories over which the Philippines has sovereignty 
or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, 
the seabed, the subsoil, the insular shelves and other submarine areas. The waters around, 
between, and connecting the islands of the archipelago regardless of their breadth and 
dimensions, form part of the internal waters of the Philippines.”  
Likewise, our country being a state party to the United Nations Convention on the Law of the Sea 
(UNCLOS) is compelled to devote efforts in preserving its boundaries within or outside its maritime 
zones as a sign of support for the Convention in upholding the marine life. 
Establishing archipelagic sea lanes will create further peace and order on all vessels travelling 
through the territorial seas of our country while exercising their right of innocent passage. These 
sea lanes will be designated by the Department of Foreign Affairs (DFA) and other agencies that 
may be tapped to facilitate the implementation, taking into consideration relevant provisions of 
the 1987 Constitution and other material laws. 
The intention of this bill is to secure the routes of journeying foreign ships and aircrafts by 
appropriately establishing archipelagic sea lanes in the Philippine archipelagic waters and the 
adjacent territorial sea with concomitant rights and obligations to be followed and respected. 
On behalf of the people of Parañaque City’s Second District, and for the common good of the 
Filipino people, the approval of the said measure is earnestly sought. 
REP. GUSTAVO S. TAMBUNTING 
2nd District, Parañaque City 
August 1, 2022
2:04 pm
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUSTAVO S. TAMBUNTING 
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;
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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) Hydro graphic 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 shall refer to the belt of sea measured twelve (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 lane. 
c) Foreign ships and aircraft, while exerc1smg 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) 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 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. 
 
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. 
b) 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 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 
regulations necessary to ensure the efficient and effective implementation of this Act. 
 
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,