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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Republic Act No. 12065 also known as the Philippine Archipelagic Sea Lanes Act was enacted for the designation of archipelagic sea lanes and air routes suitable for the continuous, expeditious, and unobstructed passage of foreign ships and aircraft through or over its archipelagic water and the adjacent territorial sea. It delineated the rights and obligations of foreign ships and aircrafts.
The Philippine Archipelagic Sea Lanes Act defines archipelagic sea lanes passage as the exercise 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 exclusive economic zone (EEZ) and another part of the high seas or an EEZ: Provided, That such passage is not prejudicial to the peace, good order, and security of the Philippines.
The salient provisions of the law include the delineation of the rights and obligations of foreign ships and aircrafts. The law provides that in the exercise of the right of archipelagic sea lanes passage, the following obligations must be complied with:
(a) Foreign ships and aircraft shall pass through or above the archipelagic sea lanes 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 on either side of such axis lines during the passage: Provided, That such ships and aircraft shall not navigate closer to the coasts than ten percent (10%) of the distance between the nearest points on islands bordering the sea lane: Provided, further, That aircraft shall not traverse over or through the airspace of any island or land territory of the Philippines, even if located within twenty-five (25) nautical miles of the axis lines;
(c) Foreign aircraft shall not land on Philippine territory except when rendered necessary by force majeure or distress;
(d) Foreign ships shall refrain from stopping, dropping anchor, or loitering, except when rendered necessary by force majeure, distress, or to render assistance to persons, ships, or aircraft in danger or distress: Provided, That vessels anchoring on account of force majeure or to render assistance to persons, ships, or aircraft in danger or distress may be subject to boarding and inspection by Philippine government vessels;
(e) Foreign ships or aircraft shall refrain from any activity other than those incidental to continuous, expeditious and unobstructed transit through the archipelagic sea lanes, nor shall they deviate more than twenty-five (25) nautical miles from the axis of the archipelagic sea lanes, unless rendered necessary by force majeure or distress, in which case such shall be subject to Philippine approval, when appropriate;
(f) Foreign ships or aircraft shall refrain from making covert transmissions, interfering with telecommunications systems, and communicating directly with unauthorized persons or group of persons in Philippine territory;
(g) Foreign ships or aircraft shall keep their automatic identification systems (AIS), transponders, or other means of identification and communication turned on throughout their passage through Philippine archipelagic waters and shall duly respond to communications from the Philippine Coast Guard (PCG), the Civil Aviation Authority of the Philippines (CAAP), and other agencies of the Government of the Republic of the Philippines; and
(h) Foreign nuclear-powered ships and ships carrying inherently dangerous or noxious substances shall carry documents and observe special precautionary measures established for such ships by applicable international conventions or agreements when traversing the Philippine archipelagic waters in the exercise of archipelagic sea lanes passage or innocent passage: Provided, That in the exercise of said rights, the declared policy in the second paragraph of Section 2 is observed and complied with. (Section 13, R.A. No. 12056)
Another salient provision of the law is the establishment of archipelagic sea lanes and air routes through which foreign vessels and aircraft shall exercise the right of archipelagic sea lanes passage.
Under Section 7 of the law, the system of archipelagic sea lanes of the Philippines and the air routes shall be defined by connecting the coordinates of the following axis lines:
- Philippine Sea – Balintang Channel – West Philippine Sea.
- Celebes Sea – Sibutu Passage – Sulu Sea – Cuyo East, Pass – Mindoro Strait – West Philippine Sea.
- Celebes Sea – Basilan Strait – Sulu Sea – Nasubata Channel – Balabac Strait – West Philippine Sea.
Passage through the said sea lanes and air routes may be undertaken in both directions between the entry and exit points.
The President will be guided by the following factors in the identification, proposal, and designation of the coordinates of the archipelagic sea lanes, as well as in the establishment and designation of substitute sea lanes or air routes:
(a) National security and public safety;
(b) Safety of navigation, both domestic and international, to safeguard life and property at sea;
(c) The presence of Particularly Sensitive Sea Areas designated, or to be designated, in accordance with international law;
(d) Protection of fishing grounds and key biodiversity areas in the Philippine Maritime Zones;
(e) Management of risks pollution on account of ship operations and accidents;
(f) Sustainability for continuous, expeditious, and unobstructed transit from one part of the EEZ or high seas to another part of the EEZ or high seas; and
(g) Non-duplication of routes of similar convenience between the same entry and exit points into archipelagic waters
The President, upon consultation with the appropriate agencies of the government, and acting through the Department of Foreign Affairs (DFA) is mandated by the law to consult with the International Maritime Organization (IMO) and the International Civil Aviation Organization (ICAO) with a view towards the adoption of such sea lanes and air routes. Upon the adoption of the Philippines’ proposal and due publicity, the President shall issue a proclamation establishing and designating the archipelagic sea lanes containing the specific coordinates defining the axis lines of all the archipelagic sea lanes, which shall take effect six (6) months after such issuance.
The law also enumerated the following prohibitions with respect to the exercise of the right of archipelagic sea lanes passage:
- Prohibition of threat or use of force and passage prejudicial to the security of the Philippines.
- Prohibition on war games and other military exercises.
- Prohibition against marine pollution.
- Prohibition against the conduct of research and survey activities and interference with Philippine research and survey activities.
- Prohibition of fishing, marine bioprospecting, loading, unloading of persons, goods, or currency.
Non-compliance by foreign civilian ships and aircraft with the pertinent provisions of R.A. 12056, which constitutes a violation of existing fisheries, environmental, customs, fiscal, immigration, sanitary, or other special laws, shall be punishable under the provisions of such laws.
If the non-compliance does not constitute a violation of existing laws, the same shall be punishable by imprisonment of six (6) months and one (1) day to two (2) years and two (2) months, or a fine of One million two hundred thousand US dollars (US$1,200,000) or its equivalent in Philippine currency, or both imprisonment and fine, at the discretion of the court.
The penalty shall be imposed upon the master of the ship or the captain of the aircraft, or the owner or operator of the ship or aircraft, as the case may be. If the owner or operator is a corporation, partnership, or any other juridical person, the penalty shall be imposed upon the president or head thereof.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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