NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
SENATE 
Senate BillNo. 78
Senate
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•22 Jll-7 P2«7
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Introduced by Senator Aquilino “Koko” Pimentel III
AN ACT
AUTHORIZING THE PRESIDENT OF THE PHILIPPINES TO 
ESTABLISH THE ARCHIPELAGIC SEA LANES IN 
PHILIPPINE ARCHIPELAGIC WATERS, PRESCRIBING 
THE OBLIGATIONS OF FOREIGN SHIPS AND AIRCRAFT 
EXERCISING ARCHIPELAGIC SEA LANES PASSAGE 
THROUGH THE DESIGNATED ARCHIPELAGIC SEA 
LANES, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Republic Act No. 9522, otherwise known as 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 Convention 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, however, may exercise archipelagic sea 
lanes passage or the exercise 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 continuous 
and expeditious passage of ships and aircraft through or over its 
archipelagic waters and the adjacent territorial sea. In case the 
archipelagic State does not designate archipelagic sea lanes, the 
archipelagic sea lanes passage may be exercised through the routes 
normally used for international navigation pursuant to UNCLOS.
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 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 
obligations of foreign ships and aircraft exercising archipelagic sea 
lanes passage through the established sea lanes and providing for the 
associated measures therein.
In view of the foregoing, the immediate passage of this measure 
is earnestly requested.
AQUILINO “KOKO” PIMENTEL IH


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
SENATE 
Senate Bill No. 78
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*22 JUL “7 P2 :07
REdlViiPBY;
Introduced by Senator Aquilino “Koko” Pimentel III
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AN ACT
AUTHORIZING THE PRESIDENT OF THE PHILIPPINES TO 
ESTABLISH THE ARCHIPELAGIC SEA LANES IN 
PHILIPPINE ARCHIPELAGIC WATERS, PRESCRIBING 
THE OBLIGATIONS OF FOREIGN SHIPS AND AIRCRAFT 
EXERCISING ARCHIPELAGIC SEA LANES PASSAGE 
THROUGH THE DESIGNATED ARCHIPELAGIC SEA 
LANES, AND FOR OTHER PURPOSES
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.''
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 govern the exercise 
of archipelagic sea lanes passage through designated archipelagic sea 
lanes by foreign ships and aircraft; Provided, That pending designation 
of the said archipelagic sea lanes, ships and aircraft passing through


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routes normally used for international navigation shall comply with the 
provisions of 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 lanes shall refer to the designated sea 
lanes and air routes in the archipelagic waters through 
which foreign ships or aircraft may exercise 
archipelagic sea lanes passage;
b) Archipelagic sea lanes passage shall refer to the 
exercise 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 those 
delineated as internal waters;
d) Hydrographic survey shall refer to a survey having for 
its principal purpose the determination of data relating 
to bodies of water. A hydrographic survey may consist 
of the determination of one or several of the following 
classes of data: depth of water; configuration and nature 
of bottom; directions and force of currents; heights and 
times of tides and water stages; and location of 
topographic features and fixed objects for survey and 
navigation purposes;
e) 
Internal waters shall refer to the waters inside the 
archipelagic baselines which are delineated from the 
archipelagic waters based on Article 50, in relation to 
Articles 9, 10, and 11 of the UNCLOS;


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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 
continuous and expeditious passage of foreign ships 
through the territorial seas that is not prejudicial to the 
peace, good order, or security of the coastal State. 
Passage includes stopping and anchoring, but only 
insofar as the same are incidental to ordinary navigation 
or are rendered necessary by force majeure or distress 
or for the purpose of rendering assistance to persons, 
ships or aircraft in danger or in distress. Passage shall 
be considered as prejudicial to the peace, good order, 
and security of the coastal State if in the territorial sea, 
the ship engages in any of the activities enumerated in 
Article 19 of the UNCLOS. This right of innocent 
passage applies to archipelagic waters as provided in 
Article 52 of the UNCLOS; and
h) 
Territorial sea shall refer to the belt of sea measured 
twelve (12) nautical miles from the baselines.
SEC. 5. Archipelagic Sea Lanes Passage of Foreign Ships and 
Aircraft. - Foreign ships and aircraft may exercise 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 archipelagic sea lanes passage shall be through 
these sea lanes, or through the air above these sea lanes, as designated 
pursuant to this Act.


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SEC. 6. Designation of Archipelagic Sea Lanes. - The President 
of the Philippines is hereby authorized to designate the archipelagic sea 
lanes of the Philippines and, if appropriate, establish traffic separation 
schemes for the safe passage of ships through narrow channels in such 
sea lanes; Provided, that no more than three (3) archipelagic sea lanes 
shall be designated absent clear and compelling reasons to the contrary; 
Provided further, that in the identification of archipelagic sea lanes, the 
following factors shall be considered:
a) National interest;
b) Particularly sensitive sea areas (PSSAs);
c) Marine Protected Areas (MPAs);
d) Key biodiversity areas (KBAs);
e) Safety of navigation; and
f) Risk of pollution.
Provided furthermore, that the requirements under UNCLOS in 
the designation of archipelagic sea lanes shall be complied with; 
Provided finally, that the designation of the archipelagic sea lanes shall 
be given due publicity.
Ninety (90) days after the archipelagic sea lanes are designated 
and, if appropriate, traffic separation schemes are prescribed in 
accordance with this Section, foreign ships and aircraft can exercise 
archipelagic sea lane passage only through the designated archipelagic 
sea lanes and foreign ships must follow the prescribe traffic separation 
schemes.
When circumstances require, the President may substitute other 
sea lanes or traffic separation schemes for any sea lanes or traffic 
separation schemes previously designated; Provided, that in the 
designation of substitute sea lanes and traffic separation schemes, the 
requirements under the preceding paragraphs of this section shall be 
complied with.


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SEC. 7. Exercise of Archipelagic Sea Lanes Passage. - Foreign 
ships and aircraft exercising archipelagic sea lanes passage shall be 
governed by the following rules;
a) Foreign ships and aircraft 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 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, including military warships 
and aircraft, shall refrain from any threat or use of 
force against the sovereignty, territorial integrity, or 
political independence of the Republic of the 
Philippines, and shall not engage in any activity in 
violation of the principles of international law 
embodied in the Charter of the United Nations, 
including, but not limited to, the conduct of military 
operations external to the vessel or aircraft, military 
war game exercises or exercises using any kind of 
weapons, and intelligence gathering, surveillance, or 
reconnaissance.
d) Except when rendered necessary by force majeure or 
by distress, foreign aircraft shall not land in Philippine 
territory.
e) No foreign ship shall stop, drop anchor, loiter, or move 
back and forth, except when rendered necessary by 
force majeure or by distress in order to render 
assistance to persons or ships experiencing a disaster.


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f) Foreign ships or aircraft shall refrain from activities 
other than those incident to their normal modes of 
continuous and expeditious transit, unless rendered 
necessary by force majeure or by distress.
g) Foreign ships or aircraft shall not make covert 
transmissions or carry out unauthorized broadcasting 
or interfere with telecommunications systems and shall 
not establish direct communications with unauthorized 
persons or groups within Philippine territory.
h) Foreign ships or aircraft shall keep their automatic 
identification systems turned on throughout their 
passage through Philippine archipelagic waters and 
shall duly respond to messages from the Philippine 
Coast Guard (PCG) and other agencies of the 
government of the Republic of the Philippines.
SEC. 8. Prohibition Against Unauthorized Research and Survey 
Activities. - Foreign ships or aircraft, including marine scientific 
research or survey ships or aircraft, while exercising archipelagic sea 
lanes passage, shall not conduct oceanographic or hydrographic 
surveys or any other research or survey activities, 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. 9. Prohibition Against Fishing and Loading, Unloading of 
Persons, Goods or Currency. - While exercising archipelagic sea lanes 
passage, foreign ships, including fishing vessels, shall:
a) Not conduct any fishing operation or exploitation of 
the marine resources of the Philippines;
b) Stow all their fishing equipment within the hold; and


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c) Not load unto the ship or unload from the 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. 10. Obligations of Foreign Ships. — While exercising 
archipelagic sea lanes passage, foreign ships shall:
a) 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) Comply with the provisions of the traffic separation 
schemes in a sea lane where traffic separation schemes 
have been prescribed and established in accordance 
with this Act;
c) Not cause disturbance or damage to navigational 
facilities or submarine cables or pipes; and
d) Not navigate within 500 meters of protected areas and 
other prohibited zones as determined by concerned 
agencies, and of facilities for the exploitation or 
exploration of natural resources.
SEC. 11. Obligations of Foreign Aircraft. -
shall:
a) Foreign civil aircraft exercising archipelagic sea lanes passage
1) Observe the applicable rules and regulations 
established by the Civil Aviation Authority of the 
Philippines (CAAP) consistent with international 
law;


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2) Observe the Rules of the Air established by the 
International Civil Aviation Organization (ICAO); 
and
3) 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) All other foreign aircraft, whether government or military, 
exercising archipelagic sea lanes passage shall:
1) Observe and respect the rules and regulations 
consistent with international law concerning flight 
safety applicable to it;
2) Operate at all times with due regard for the safety 
of navigation; and
3) Comply with the obligations detailed in Section 
11(a)(3) hereof
SEC. 12. Prohibition Against Marine Pollution. - Foreign ships 
and aircraft exercising archipelagic sea lanes passage shall not:
a) 
Expel oil, oily wastes or other noxious substances 
in Philippine territory and maritime zones;
b) 
Dump waste in Philippine territory and maritime 
zones; and
c) 
Conduct other activities in contravention of 
Philippine laws and international regulations and 
standards for the prevention, reduction, and control 
of marine pollution.


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SEC. 13. Foreign Warships and Aircraft Carrying Nuclear 
Weapons. - Foreign warships and military aircraft may exercise 
archipelagic sea lanes passage. However, such warships and aircraft 
shall respect the constitutional policy of freedom from nuclear weapons 
in any part of Philippine territory.
SEC. 14. Right of Innocent Passage Applicable to Archipelagic 
Waters. - The provisions of Section 3, Part II of the UNCLOS on 
innocent passage in the territorial sea shall apply to innocent passage in 
archipelagic waters. Outside sea lanes or normal routes, ships must 
transit archipelagic waters in innocent passage subject to the provisions 
of this Act.
SEC. 15. Penalties.
a) Non-compliance with any provision of this Act 
concerning the obligations of foreign ships and aircraft 
while exercising archipelagic sea lanes passage, which 
constitutes a crime or violation of national laws or 
regulations of the Philippines, such as fisheries, 
pollution, environment, customs, immigration, and 
fiscal laws and regulations, committed by foreign 
commercial ships or aircraft or foreign government 
ships or aircraft operated for commercial purposes 
shall be punishable by the corresponding penalties 
provided in the relevant laws or regulations.
b) If the non-compliance does not constitute a crime or 
violation of national laws or regulations of the 
Philippines, such as but not limited to stopping, 
dropping anchor, loitering, deviating from the 
designated archipelagic sea lane and the prescribed 
traffic separation schemes while exercising 
archipelagic sea lanes passage, and exercising 
archipelagic sea lanes passage outside the designated 
sea lanes, the same shall be punishable by Six Hundred 
Thousand US Dollars (US$600,000.00) but not more


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than One Million US Dollars (US$1?000,000.00) or its 
equivalent in Philippine currency.
c) The person or legal entity responsible for the actual 
operation of the foreign commercial ship or aircraft or 
foreign government ship or aircraft operated for 
commercial purposes shall be the one liable under this 
Section.
Sec. 16. Immunities of Warships or Military Aircraft or Other 
Government Ships or Aircraft Operated for Non-Commercial 
Purposes. - Nothing in this Act shall affect the immunities of warships 
or military aircraft or other government ships or aircraft operated for 
non-commercial purposes; Provided, that:
a) If any warship or military aircraft or other government 
ship or aircraft operated for non-commercial purposes 
does not comply with the laws and regulations of the 
Philippines concerning passage through or over the 
archipelagic waters and disregards any request for 
compliance therewith which is made to it, then it shall 
be required by the appropriate agency or agencies of the 
government of the Republic of the Philippines to 
immediately leave its archipelagic waters.
b) The flag State shall bear the responsibility to 
compensate the Philippines for any loss or damage 
resulting from the non-compliance by a warship or 
military aircraft or other government ship or aircraft 
operated for non-commercial purposes with this Act or 
with the provisions of the UNCLOS or other rules of 
international law.
SEC. 17. Appropriations. - The amount necessary for the 
immediate implementation of this Act shall be included in the annual 
General Appropriations Act.
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SEC. 18. Implementing Rules and Regulations. - Within three (3) 
months from the effectivity of this Act, the Department of Foreign 
Affairs (DFA) shall convene an inter-agency committee for 
archipelagic sea lanes comprised of the Department of National 
Defense (DND), PCG, National Mapping and Resource Information 
Authority (NAMRIA), and other agencies concerned with maritime 
security and law enforcement. The said inter-agency committee shall, 
within six (6) months from the effectivity of this Act, promulgate the 
implementing rules and regulations (IRR) necessary to ensure the 
efficient and effective implementation of this Act. Such inter-agency 
committee shall adhere strictly to the intent of this Act.
The IRR shall include associated protective measures to regulate 
maritime activities for the protection of areas at risk.
SEC. 19. Separability Clause. - Should any provision or part of 
this Act be declared unconstitutional or invalid, the other provisions 
and parts hereof, insofar as they are separable from the invalid ones, 
shall remain in full force and effect.
SEC. 20. Repealing Clause. - All laws, decrees, orders, 
issuances, rules and regulations or parts thereof which are inconsistent 
with this Act are hereby repealed or modified accordingly.
SEC. 21. Effectivity. - This Act shall take effect fifteen (15) days 
after its publication in the Official Gazette or in at least two (2) 
newspapers of general circulation.
Approved,
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