HOUSE OF REPRESENTATIVES
RECEIVED

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES

{
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Quezon City | we 3/43 7
BY: DEG
SEVENTEENTH CONGRESS 122
First Regular Session |

House Bill No, 1117

Introduced by MAGDALO Party-List Representative
HON. GARY C, ALEJANO

Explanatory Note

RA 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).

‘The UNCLOS, which entered into force on November 14, 1994, recognizes that
“an archipelagic 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 archipelagie 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
lanes of the Philippines as espoused in Article 53 of the UNCLO}
proposed measure, therefore, seeks to establish archipelagic s sin 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 archipelagic sea lanes and providing for the associated measures
therein.

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

.

"ALEJANO

pate:_O5.dUL 2096

REGISTRATION UNIT
BILLS AND INDEX SERVICE


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
irst Regular Session

House Bill No, 1177

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
PROVIDING FOR THE ESTABLISHMENT OF THE ARCHIPELAGIC
SEA LANES IN THE PHILIPPINE ARCHIPELAGIC WATERS,
PRESCRIBING THE RIGHTS AND OBLIGATIONS OF FOREIGN SHIPS
AND AIRCRAFT EXERCISING THE RIGHT OF ARCHIPELAGIC SEA
LANES PASSAGE

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

Archipelagic Sea Lanes Act"

SECTION 2. Declaration of Policy. The State in the exercise of its duty to
protect its maritime domain shall implement and adhere to the provision of the 1982

United Nations Convention on the Law of the Sea (UNCLOS) and relevant

international conventions to which the Philippines is a party.

SECTION 3. Definition of Terms. As used in this Act, the following terms

are defined in accordance with the UNCLOS:

(a) Archipelagic sea lane refers 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 ref

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

@l

5Z) and another part of the high seas or an EEZ;

(©) Archipelagic waters refer to the waters on the landward side of the

archipelagic baselines except as defined as Internal Waters

(d) Associated protective measure refers to measure that a coastal State may

adopt to regulate international maritime activities for the protection of the

area at risk;

to the exercise in accordance with


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(©) Hydrographic survey refers to a survey measuring and describing the

irface (seas) and

physical features of the navigable portion of the earth’s s
adjoining coastal areas, with special reference to their use for navigation;

(®) Oceanographic survey refers 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 refers 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

and

(h) Territorial sea refers to the belt of th

security of the coastal Stat

sea measured twelve (12) nautical

miles from the baselines or from the low-water line, as the case may be.

ARTICLE I
RIGHTS AND OBLIGATIONS OF FOREIGN SHIPS AND AIRCRAFT
WHEN EXERCISING THE RIGHT OF ARCHIPELAGIC SEA LANES
PASSAGE

SECTION 4. Foreign ships and aireraft 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 Philippin

rchipelagic waters and its adjacent territorial sea.

Such sea lanes shall be defined by a series of continuous axis lines from the entry

points of ¢ routes to the exit points.

‘The exercise of the right of archipelagic sea lanes passage shall be through a
sea lane, or through the air above a sea lane, which has been determined to be an

archipelagic

lane that may be used for exercising the right of archipelagic sea

lanes passage as described in Section 12 thereof.
SECTION 5. (a) Foreign ships and aircraft exerci

ing 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 if
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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(c) Foreign ships and aircraft, 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 in violation of the principles of international law embodied in the
Charter of the United Nations.

(@) Foreign ships and aircraft, including military aircraft and warships, while
exercising the right of archipelagic sea lanes passage, shall refrain from any war game

exercises using any type of weapons, especially involving the use of ordinance.

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

(f) All foreign ships exercising the right of archipelagic sea lanes passage shall

refrain from stopping, dropping anchor or loitering, 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 distress.

(g) Foreign ships or aircraft exercising the right of archipelagic sea lanes

passage shall refrain from making covert interfering with
telecommunications systems, and communicating directly with an unauthorized
person or group of persons in Philippine territory.

SECTION 6. 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.

SECTION 7. (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 obligation under paragraph
(a) hereof, shall stow al fishing equipment within the hold.

(©) 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 ina manner that contravenes the laws and regulations concerning customs,
immigration, fiscal matters and health, except when rendered necessary by force
majeure or by distress.

SECTION 8. (a) Foreign ships, while exercising the right of archipelagic sea

lanes passage, shall comply with the generally accepted international regulations,


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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 to the right of archipelagic sea lanes
passage, shall not cause disturbance or damage to navigational facilities or submarine
cables or pipes.

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

SECTION 9. (a) Foreign civil aircrafts exercising the right of archipelagic

-a 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 aircrafts exercising the right of archipelagic sea lanes

passage shall:

(1) Respect the regulations concerning flight safety as detailed in Section9 (a)

hereof and at all times operate with due regard for the safety of navigation;

and

(2) Fulfill their obligations

detailed in Section 9 (a)(2) hereof.

SECTION 10. (a) Foreign ships exercising the right of archipelagic sea lanes

passage shall not expel oil, oily wastes or 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, while exercising to the right of archipelagic sea lanes

passage shall not dump waste in Philippine waters.

(©) Consistent with the nati

nal 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.

SECTION 11. (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


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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 aireraft or other

government ship operated for noncommercial purposes while exercising the

right archipelagic sea lanes passage in Philippines waters.

ARTICLE ID
EMPOWERING TH DENT OF THE REPUBLIC OF THE
PHILIPPINES TO DESIGNATE THE ARCHIPELAGIC SEA LANES WHICH
MAY BE USED FOR THE RIGHT OF ARCHIPELAGIC SEA LANES
PASSAGE AND THE ASSOCIATED PROTECTIVE MEASURES

SECTION 12. In pursuit of the Philippines National Policy, the President
shall promulgate through Executive Issuance the archipelagic sea lanes which may be

used for the right of archipelagic sea lanes passage and the rules and regulations

relating to Associated Measures to be prescribed within areas along the archipelagic
sea lanes in accordance with the International Maritime Organization (IMO)

conventions and regulations and other relevant international agreements.

ARTICLE IIL
FINAL PROVISIONS

SECTION 13. The provisions of this Act shall not diminish the rights of
foreign ships to exercise the right of innocent passage in archipelagic sea lanes.
SECTION 14, The National Coast Watch System (NCWS

of Executive Order No. 57, Seri

created by virtue

of 2011, under the control and st

pervision of the

Office of the President, shall serve the coordinating mechanism, 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 Coast Watch Council

(NCW Center) shall establish, monitor, and implement Associated Protective

Measures for the designated archipelagic sea lanes.


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SECTION 15, If any portion or provision of this Act is declared

ns hereof which are not

unconstitutional or invalid, the other portions or prov
affected thereby shall continue to be in full force and effect.

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

SECTION 17, This Act shall take effect fifteen (15) days afier its publication

in the Official Gazette or in a newspaper of general circulation.

Approved,