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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:
In accordance with the 1987 Constitution and international law, particularly the 1982 United Nations Convention on the Law of the Sea (UNCLOS):
- The maritime zones of the Philippine archipelago is composed of the internal waters, archipelagic waters, territorial sea, contiguous zone, Exclusive Economic Zone (EEZ), and continental shelf; and
- All other territories over which the Philippines has sovereignty or jurisdiction likewise have their respective maritime zones, as appropriate
The maritime zones of the Philippines on the western side of the Philippine archipelago, including the Luzon Sea and the territorial seas of Bajo de Masinloc and the maritime features of the Kalayaan Island Group, shall be collectively called the West Philippine Sea.
Baselines
The baselines of the Philippines pursuant to R.A. No. 9522, titled “An Act to Amend Certain Provisions of the R.A. No. 3046, as amended by R.A. No. 5446, to Define the Archipelagic Baselines of the Philippines, and for Other Purposes, are the following:
- Archipelagic baseline for the Philippine Archipelago drawn in accordance with Art. 47 of the UNCLOS; and
- Normal or straight baselines, as appropriate, for all other territories over which the Philippines has sovereignty or jurisdiction.
Waters Inside the Baselines of the Philippines
Consistent with the Constitution, the Philippines has sovereignty over all the waters inside its archipelagic baselines as established under R.A. No. 9522, as well as the waters on the landward side of the baselines of all Philippine territories located outside of the archipelagic baselines, including the airspace above these waters and the seabed and subsoil underneath.
The exercise of sovereignty by the Philippines over these waters is subject to its international obligations as provided in the UNCLOS and other relevant treaties to which the Philippines is a Party.
In harmony with these international obligations, the sovereign waters of the Philippines inside its baselines shall be treated as follows:
a) The waters inside the archipelagic baselines of the Philippines are considered archipelagic waters, except for bays, estuaries and other waters considered as internal waters, as delimited from the archipelagic waters in accordance with Article 50 of the UNCLOS.
The archipelagic sea lanes passage in these archipelagic waters shall be exercised in the sea lanes to be determined by law or Presidential issuance, as appropriate.
The delimitation between archipelagic waters and internal waters shall be made by the National Mapping and Resource Information Authority (NAMRIA) and marked on the official charts of the Philippines. The archipelagic sea lanes shall also be marked on these charts. The charts shall be deposited with the Secretary-General of the United Nations.
b) The internal waters of the Philippines comprise the waters delimited by NAMRIA from archipelagic waters and the waters on the landward side of the baselines of Philippine territories located outside of the archipelagic baselines.
Foreign vessels have no navigational rights in the internal waters of the Philippines, unless expressly authorized by the Philippine Government.
Territorial Sea
The territorial sea of the Philippines refers to the adjacent belt of sea measured 12 nautical miles from the baselines as provided in this Act, and as determined in accordance with the provisions of Part II “Territorial Sea and Contiguous Zone”, Part IV “Archipelagic States”, and Part VIII “Regime of Islands” of UNCLOS, as appropriate.
The Philippines exercises sovereignty over its territorial sea and the airspace above it as well as its seabed and subsoil in accordance with the UNCLOS and other existing laws and treaties, having due regard for the rights of other States, including the right of innocent passage as provided in Part II, Section 3 of the UNCLOS.
The high-tide features covered by the Kalayaan Island Group in the West Philippine Sea shall have a territorial sea of 12 nautical miles from its baselines.
Contiguous Zone
The contiguous zone of the Philippines refers to the waters beyond and adjacent to its territorial sea and up to the extent of 24 nautical miles from the baselines.
In accordance with the UNCLOS, the Philippines exercises control over this zone necessary to:
- Prevent infringement of its customs, fiscal, immigration, or sanity laws and regulations within its territory or territorial sea;
- Punish infringement of the above laws and regulations committed within its territory or territorial sea; and
- Regulate the removal of the archaeological and historic objects from the seabed.
Exclusive Economic Zone (EEZ)
The EEZ of the Philippines refers to the waters beyond and adjacent to its territorial sea and up to 200 nautical miles from the baselines, as established by PD No. 1599, “Establishing an Exclusive Economic Zone and for Other Purposes”, and to the extent with the other provisions of this Act and with the provisions of UNCLOS. All other low-tide elevations within 200 nautical miles from the archipelagic baselines shall likewise form part of the Philippine EEZ.
In accordance with the UNCLOS, within the EEZ, the Philippines has:
- Sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or nonliving, of the waters superadjacent to the seabed, and the seabed and its subsoil, and with regard to the other activities for the economic exploitation and exploration of the zone, such as the production of energy from the sun, water, currents, and winds: Provided, That in the exercise of these rights, the Philippines shall enforce its laws and regulations consistent with Article 73 of the UNCLOS;
- Jurisdiction with regard to: 1) the establishment and use of artificial islands, installations, and structures; 2) marine scientific research; and 3) the protection and preservation of the marine environment; and
- Other rights and duties provided for in the UNCLOS.
Pursuant to Articles 56 and 60 of the UNCLOS, the Philippines has the exclusive right to construct and to authorize and regulate the construction, operation, and use of artificial islands, installations, and structures, and has exclusive right and jurisdiction over such artificial islands, installations, and structures.
Continental Shelf and Extended Continental Shelf
The continental shelf of the Philippines comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines, where the outer edge of the continental margin does not extend up to that distance.
Where the continental shelf extends beyond 200 nautical miles from the baselines, the outer limits shall be delineated in accordance with Article 76 of the UNCLOS: Provided, That the limits of the continental shelf beyond 200 nautical miles in the Benham Rise Region, including the Philippine Rise, hereby renamed collectively as the Talampas ng Pilipinas: Provided, further, That this is without prejudice to the submission for an extended continental shelf in the West Palawan Region, and to the making other submissions for other areas at a future time.
The Philippines exercises sovereign rights to explore and exploit the mineral, petroleum and nonliving resources of the seabed and subsoil and living organisms belonging to the sedentary species, as well as jurisdiction with regard to the establishment and use of artificial islands, installations and structures on the seabed, marine scientific research, drilling and tunneling, and other rights as provided for in accordance with the UNCLOS, Philippine mining and petroleum laws, and other existing laws and treaties.
Areas Beyond National Jurisdiction
The Philippines has rights and privileges in the high seas and the international seabed as provided in the UNCLOS and other existing laws and treaties.
Marine Environmental Protection
All states have the obligation to protect and preserve the marine environment. The Philippines shall enforce its laws and regulations on the protection and preservation of the marine environment of the maritime zones declared therein.
Delimitations
Where the maritime zones defined in this Act overlap with the maritime zones overlap with the maritime zones of a neighboring State based on the UNCLOS, the common boundaries shall be determined by agreement with that State in accordance with the relevant principles of delimitation under the international law: Provided, That where no agreement has been reached within a reasonable time, the Philippines may resort to the procedures provided under Part XV “Settlement of Disputes” of the UNCLOS.
Due Regard and Mutual Respect
The Philippines shall give due regard to the rights and duties of foreign states, and foreign states shall act with due regard to the rights and duties of the Philippines, relative to the maritime zones as provided under this Act, the UNCLOS, and international law.
The Philippines shall recognize the rights and privileges of foreign vessels and aircraft in its maritime zone under conditions of reciprocity and mutual respect, and reserves the right to take necessary legal and diplomatic actions against States whose vessels and aircraft in its maritime zones under conditions of reciprocity and mutual respect, and reserves the right to take necessary legal and diplomatic actions against States whose vessels and aircraft do not abide by, or act inconsistently with, the UNCLOS and international law.
Other Maritime Rights and Jurisdictions
The Philippines shall exercise all other maritime rights and jurisdictions in accordance with UNCLOS, the South China Sea Arbitration, international law, and other pertinent laws and regulations of the Philippines.
Penal Sanctions
Any violation of the rights of the Philippines as provided under this Act shall be addressed and penalized through pertinent existing laws and regulations. In the absence thereof, any violation shall be subject to an administrative fine of not less than US$ 600,000.00 but not more than US$1,000,000.00, or the equivalent in the Philippine currency.
Related Articles:
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