Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila\

FIFTEENTH CONGRESS
First Regular Session

House BillNo.__ 4153

Introduced by Representative Feliciano Belmonte, Jr. and
Representative Neptali M. Gonzales II

EXPLANATORY NOTE

Article | of the 1987 Constitution declares that the Philippines is an Archipelagic
state and defines our national territory as comprising “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.” However, the said Constitution failed to delineate the boundaries of
the Philippine archipelago

The Kalayaan Island Group (KIG) consisting of about seventy-five islands, cays,
shoals, and bank reefs with a total area of 68,807.85 nautical square miles, is
considered as an integral part of the Philippines by historic right and legal title. Thus, the
late President Marcos declared in 1978 through Presidential Decree No. 1596 that the
Kalayaan Island Group (KIG) is part of the continental margin of the Philippine
archipelago. The said declaration together with an accompanying technical description
of the area was registered with the United Nations Secretariat on June 18, 1980.
Likewise, the Kalayaan Island Group is considered an integral part of the Philippine
archipelago by occupation and exercises of jurisdiction because Filipino citizens have
peacefully established their domicile on the islands and is part of the political
subdivision of the province of Palawan.

The United Nations Convention on the Law of the Sea (UNCLOS), which entered
into force on November 14, 1994, recognized in Article 46 thereof that “an archipelagic
state is a group of islands including parts of islands, interconnecting waters and other
natural features which are so 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 dying reefs.


In 1961, Republic Act No. 3046, as amended by Republic Act No. 5446 in 1968,
was enacted to establish the Philippine Baseline Law. Since it was enacted long before
the effectivity of the UNCLOS and the recognition of the archipelagic doctrine, the
Kalayaan Island Group was necessarily not included. P.D. No. 1596 likewise, failed to
include and integrate the boundaries of the Kalayaan Island Group with those provided
in R.A. No. 3046 as amended by R.A. 5446. In 2009, Republic Act No. 9522 was
enacted to define the archipelagic baseline of the Philippine archipelago.

This proposed Bill seeks to expand and amend R.A. No. 9522 by establishing
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 through the established archipelagic sea lanes and providing for the
associated measures therein

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

Leb BELMONTE, JR.

NEPTALI(M. GONZALES I


HOUSE OF REPRESENTATIVES.
REPUBLIC OF THE PHILIPPINES
Quezon City, Manila

FIFTEENTH CONGRESS
FIRST REGULAR SESSION

4153
House Bill No.

Introduced by
REPS, FELICIANO BELMONTE, JR. and NEPTALI M. GONZALES II

AN ACT
TO ESTABLISH 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 THROUGH THE ESTABLISHED
ARCHIPELAGIC SEA LANES AND PROVIDING FOR THE ASSOCIATED
PROTECTIVE MEASURES THEREIN

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

in Congress assembled:
CHAPTER I

GENERAL PROVISIONS

SECTION 1. Title. - This Act shall be known as “The Philippine Archipelagic Sea

Lanes Act.”

CHAPTER IL
RIGHTS AND OBLIGATIONS OF FOREIGN SHIPS AND AIRCRAFT WHEN
EXERCISING THE RIGHT OF ARCHIPELAGIC SEA LANES PASSAGE
Section 2

Foreign ships and aircraft may exercise the right of archipelagic sea lanes
passage in accordance with the provisions of the United Nations Convention on the

Law of the Sea (UNCLOS) in order to sail or fly from one part of the high seas or an


exclusive economic zone to another part of the high seas or an exclusive economic

zone through or over the Philippine territorial sea and its archipelagic waters,

Section 3

The exercise of the right of archipelagic sea lanes passage as described in
Section 2 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 11.

Section 4

a. Foreign ships and aircraft exercising the right of archipelagic sea lanes
passage must pass through or above the archipelagic sea lane as quickly as possible 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 must not deviate more than 25 (twenty five) nautical miles to either side of
the axis line of the sea lane, provided that such ships and aircraft must not navigate
closer to the coast than 10% (ten per cent) of the distance between the nearest points

on islands bordering the sea lane.

c. Foreign ships and aircraft, while exercising the right of archipelagic sea
lanes passage, must 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. Foreign military aircraft and warships, while exercising the right of
archipelagic sea lanes passage, must refrain from any war game exercises or exercises

using any type of weapons whatsoever and using ammunition. .

e. With the exception of a situation of force majeure or in the event of a
disaster, aircraft exercising the right of archipelagic sea lanes passage must refrain

from landing in Philippine territory.


f. All foreign ships exercising the right of archipelagic sea lanes passage must
refrain from stopping, dropping anchor or loitering, with the exception of a situation
of force majeure or in the event of a disaster or in order to render assistance to a

person or persons or a ship or ships experiencing a disaster.

g. Foreign ships or aircraft exercising the right of archipelagic sea lanes
passage must refrain from making covert transmissions, interfering with
telecommunications systems, and communicating directly with an unauthorized

person or group of persons in Philippine territory.

Section 5

Foreign ships or aircraft, including research or hydrographic survey ships of
aircraft, while exercising the right of archipelagic sea lanes passage, must refrain from
conducting oceanographic research or hydrographic surveys, whether with the use of
detection equipment or sample gathering equipment, unless they have obtained

permission to do so.

Section 6

a. Foreign ships, including fishing ships, while exercising the right of

archipelagic sea lanes passage, must refrain from conducting fishing operations.

b. Foreign fishing ships, while exercising the right of archipelagic sea lanes
passage, besides fulfilling their obligations under paragraph (a), must stow all their

fishing equipment within the hold.

c. Foreign ships and aircraft, while exercising the right of archipelagic sea
lanes passage, must 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 in a situation of force majeure or

in the event of a disaster.


Section 7

a. Foreign ships, while exercising the right of archipelagic sea lanes passage,
must comply with the generally accepted international regulations, procedures and
practices concerning shipping safety, 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

shipping safety, must comply with the provisions of the traffic separation scheme.

c. Foreign ships, while exercising the right of archipelagic sea lanes passage,

must 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 in
a sea lane where there are installations for the exploration or exploitation of living or
non-living natural resources, must not sail too close to the prohibited zone, which is

determined to be of a width of 500 (five hundred) meters around such an installation.

Section 8

a. Foreign civil aircraft exercising the right of archipelagic sea lanes passage
must:
(1) observe the Rules of the Air established by the International Civil

Aviation Organisation concerning flight safet

(2) at all times monitor the radio frequency assigned by the competent
internationally designated air traffic control authority or the appropriate

international distress radio frequency.

b. Foreign national aircraft exercising the right of archipelagic sea lanes
passage must:
(1) respect the regulations concerning flight safety as detailed in paragraph
(a);
(2) fulfill their obligations as detailed in paragraph (b) 2


Section 9

a. Foreign ships exercising the right of archipelagic sea lanes passage must
refrain from expelling oil, oily wastes or other noxious substances into the marine
environment, or conducting 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 must

refrain from dumping waste in Philippine waters.

Section 10

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 as a result of non-compliance with any of the provisions of Sections 7, 8

and 9 while exercising the right of archipelagic sea lanes passage in Philippine waters.

b. The flag State shall bear international responsibility for any loss or damage
suffered by the Philippines as a result of non-compliance with any of the provisions of
Sections 7, 8 and 9 by a foreign warship or aircraft while exercising the right of

archipelagic sea lanes passage.

CHAPTER IIL

THE DETERMINATION OF ARCHIPELAGIC SEA LANES WHICH MAY BE
USED FOR THE RIGHT OF ARCHIPELAGIC SEA LANES PASSAGE

Section 11

a. The archipelagic sea lane that may be used for exercising the right of
archipelagic sea lanes passage for sailing from the Philippine Sea to the South China
Sea or vice versa through the Balintang Channel, is Archipelagic Sea Lane I, the axis of
which is the line that joins connecting points I-1 through to I-2 as detailed in the
Coordinates Tables as defined in Section 12, paragraph (b).


b. The archipelagic sea lane that may be used for exercising the right of
archipelagic sea lanes passage for sailing from the Philippine Sea to the South China
Sea or vice versa through the Surigao Strait, Bohol Sea, Sulu Sea, Nasubata Channel
and Balabac Strait, is Archipelagic Sea Lane II, the axis of which is the line that joins
connecting, points Il-1 through to II-6 as detailed in the Coordinates Tables as defined

in Section 12, paragraph (b).

c. The archipelagic sea lane that may be used for exercising the right of
archipelagic sea lanes passage for sailing from the Celebes Sea to the South China Sea
or vice versa through the Basilan Strait, Eastern Sulu Sea and Mindoro Strait, is
Archipelagic Sea Lane III, the axis of which is the line that joins connecting points III-1
through to III-8 as detailed in the Coordinates Tables as defined in Section 12,

paragraph (b).

Section 12

a. The archipelagic sea lane axes and connecting, points mentioned in Section

11 shall be marked on navigation charts for appropriate publication.

b. The geographic coordinates for the archipelagic sea lane connecting points
mentioned in Section 11 are as detailed in the Coordinates Tables in Annexes I, II and
I.

¢. If, asa result of a natural change, such outermost connecting points are not
in the geographic position as detailed in the Geographic Coordinates Tables defined
in Section 12 (b) then the geographic position of such outermost connecting points is

determined according to the actual situation in the field.

d, The illustrative chart displaying the axes and connecting points as detailed

in Section 11 is attached as Annex IV.


Section 13

All rules and regulations relating to Associated Protective Measures (APMs) to
be prescribed in accordance with International Maritime Organization (IMO)
Conventions and Regulations within areas along the archipelagic sea lanes shall be

promulgated separately through an Executive Issuance

CHAPTER IV

OTHER PROVISIONS
Section 14

The provisions of this Act do not reduce the rights of foreign ships to exercise the

right of innocent passage in archipelagic sea lanes.

Section 15
All laws inconsistent with or contrary to the provisions of this Act are deemed

amended, modified or repealed accordingly.

Section 16

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.

Section 17

This Act shall take effect fifteen days following its publication in the Official

Gazette or in any two newspapers of general circulation.

Approved,


ANNEX I
Philippine Archipelagic Sea Lanes Act

TABLE OF GEOGRAPHIC COORDINATES CONNECTING POINTS FOR THE
AXIS OF ARCHIPELAGIC SEA LANE I: PHILIPPINE SEA - BALINTANG
CHANNEL - SOUTH CHINA SEA.

(Reference Chart(s): Publisher, Chart number, date and scale, points reflected on chart)

Reference Chart: NAMRIA Chart No. 4705, 3rd Edition, March 2009, Scale 1:800,000,
WGS-84 Datum

Description of the archipelagic sea lane
The axis line connects the following geographic positions in WGS-84 Datum:
(I-1) 20°15°30" N; 122°19°30" E
(1-2) 19°18'00” N; 121°02'06” E
Notes for the use of this archipelagic sea lane

(a) Geographic positions (I-1) to (I-2) define the axis line from Philippine Sea to
South China Sea through the Balintang Channel.


ANNEX II
Philippine Archipelagic Sea Lanes Act

‘TABLE OF GEOGRAPHIC COORDINATES CONNECTING POINTS FOR THE
AXIS OF ARCHIPELAGIC SEA LANE II: PHILIPPINE SEA - SURIGAO STRAIT ~
BOHOL SEA - SULU SEA - NASUBATA CHANNEL ~ BALABAC STRAIT -
SOUTH CHINA SEA

(Reference Chart(s): Publisher, Chart number, date and scale, points reflected on chart)

Reference Charts: NAMRIA Chart No. 4707, Ist Edition, Dec 28/60, Corrected to
NM{(9)2002, Scale 1:800,000, Luzon Datum:

NAMRIA Chart No. 4708, 1st Edition, Mar 1958, Corrected to
NM(7)2002, Scale 1:809,000, Luzon Datum

Description of the archipelagic sea lane
‘The axis line connects the following geographic positions in WGS-84 Datum
(II-1) 10°32'26” N; 126°13/11" E
(11-2) 10°32'26” N; 125°22'35” E
(11-3) 09°51/25” N; 125°21’35” E

(II-4) 08°56'43” N; 123°46'35” E

(11-5) 07°56'56" N; 117°11'51” E
(1156) 07°3156" N; 117°00'06" E
Notes for the use of this archipelagic sea lane

(a) Geographic positions (II-1) to (11-3) define the axis line from Philippine Sea to the
Surigao Strait

(b) Geographic positions (II-3) to (11-5) define the axis line from Surigao Strait
through the Bohol Sea and Sulu Sea into the Nasubata Channel

(c) Geographic positions (II-5) to (11-6) define the axis line from Nasubata Channel
through Balabac Strait to the South China Sea


ANNEX III
Philippine Archipelagic Sea Lanes Act

TABLE OF GEOGRAPHIC COORDINATES CONNECTING POINTS FOR THE
AXIS OF ARCHIPELAGIC SEA LANE III: CELEBES SEA - BASILAN STRAIT ~
SULU SEA - MINDORO STRAIT - SOUTH CHINA SEA

(Reference Chart(s): Publisher, Chart number, date and scale, points reflected on chart)

Reference Charts: NAMRIA Chart No. 4706, Revised 06-22-87, Corrected to
NM{(11)2002, Scale 1:800,000, WGS-84 Datum

NAMRIA Chart No. 4708, Ist Edition, Mar 1958, Corrected to
NM(7)2002, Scale 1:809,000, Luzon Datum

Description of the archipelagic sea lane

The axis line connects the following geographic positions in WGS-84 Datum:
(I1l-1) 06°06'55” N; 123°07'04” E
(111-2) 0624155” N; 122°20'34” E
(111-3) 06°47'55” N; 122°17'34” E

(III-4) 06°47'55” N; 122°05'04” E

(IN-5) 06°50°S5” N; 121°54'34” E
(III-6) 06°56'55” N; 121°47'25” E

(UI-7) 10°27°00” N; 121°47'21”" E

(III-8) 14°07°00" N; 119°47°18” E
Notes for the use of this archipelagic sea lane

(a) Geographic positions (III-1) to (III-2) define the axis line from Celebes Sea to the
Basilan Strait

(b) Geographic positions (III-2) to (III-6) define the axis line through the Basilan
Strait into the Sulu Sea

() Geographic positions (II1-6) to (III-7) define the axi

line through East Sulu Sea

(a) Geographic positions (III-7) to (111-8) define the axis line through Mindoro Strait
to the South China Sea