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R.A.

3046
(as amended by RA 5446)
An Act Define The Baselines Of
The Territorial Sea Of The
Philippines
NATIONAL TERRITORY
The national territory comprises 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, the connecting the islands of the
archipelago, regardless of their breadth and
dimensions, from part of the internal waters of the
Philippines.
Section 1. The baselines for the territorial sea of the
Philippines are hereby defined and described specifically
as follows:
Distance in
N. Latitude E. Longitude Asimuth
Meters

Y'ami Island (E) 2107'03" 12157'24" 35327' 71,656


Line 1 (Yami I. (E.) Tumaruk Rk.)

Tumaruk Rk. 2028'28" 12202'06" 34713' 58,105


Line 2 (Tumaruk Rk. Balintang Is.)

Balintang Island 1957'45" 12209'28" 37505' 97,755


Line 3 (Balingtang Is. Didicas Rk.)

Didicas Rk. 1904'50" 12212'18" 35039' 86,155


Line 4 (Didicas Rk. - Iligan Pt.)

Iligan Pt. 1818'45" 12220'15" 35123' 136,030


Line 5 (Iligan Pt. - Ditolong Pt.)

Ditolong Pt. 1705'50" 12231'44" 1656' 34,378


Line 6 (Ditolong Pt. - Diviuisa Pt.)

Diviuisa Pt. 1648'00" 12226'06" 2101' 57,781


Line 7 (Diviuisa Pt. - Dijohan Pt.)

Dijohan Pt. 1618'45" 12214'28" 1052' 142,360


Line 7a (Dijohan Pt. - Bulubalik Pt.)

Bulubalik Pt. 1502'56" 12159'30" 30015' 120,986


Line 8 (Bulubalik Pt. - Tinaga I.)
Cape Bojeador 1829'30" 12034'00" 22216' 101,740
Line 58 (Cape Bojeador -
Dalupiri I.)

Dalupiri I. 1910'15" 12113'02" 21329' 25,075


Line 59 (Dalupiri I. -
Catanapan Pt.)

Catanapan Pt. 1921'35" 12120'56" 20227' 116,870


Line 60 (Catanapan Pt. -
Dequey I.)

Dequey I. 2920'06" 12146'35" 18047' 42,255


Line 61 (Dequey I. -
Raile)

Raile 2043'00" 12146'55" 20030' 48,140


Line 62 (Raile - Y'ami I.
(W)

Y'ami I.(W) 2107'26" 12156'39" 23840' 237


Line 63 (Y'ami I. (W) -
Y'ami I. (M)

Y'ami I. (M) 2107'30" 12156'46" 30708' 1,376


Line 64 (Y'ami I.(M) -
Y'ami I. (E)

Y'ami I. (E) 2107'03" 12157'24"

Section 2. All waters within the baselines provided


for in Section one hereof are considered inland or
internal waters of the Philippines.
R.A No. 9522
An Act To Amend Certain Provisions
Of Republic Act No. 3046, As Amended
By Republic Act No. 5446, To Define The
Archipelagic Baseline Of The Philippines
And For Other Purposes
R . A N o . 99 55 2222
Technical adjustments to baselines & basepoints under
RA 3046 (1961) / RA 5446 (1968)

Section 2: The Philippines exercises sovereignty and


jurisdiction: "Regime of Islands" under the Republic of
the Philippines consistent with Article 121 of the United
Nations Convention on the Law of the Sea (UNCLOS):

The Kalayaan Island Group as constituted under


Presidential Decree No. 1596; and

Bajo de Masinloc, also known as Scarborough Shoal.


R.A No. 9522

Republic of the Philippines has dominion,


sovereignty and jurisdiction over all portions of
the national territory

Territorial Baseline: deposited and registered


with the Secretary General of the UN

The National Mapping and Resource


Information Authority (NAMRIA) shall produce
and publish charts and maps of the basepoints
and baselines
Presidential Decree No. 1599
Establishing An Exclusive
Economic Zone And For
Other Purposes
Exclusive Economic

PD No. 1599
Zone (EEZ) of the
Philippines

Shall extend to a
distance of two
hundred nautical
miles (200nM)
beyond and from the
baselines from which
the territorial sea is
measured
Section 2. Without prejudice to the rights of the Republic of
the Philippines over it territorial sea and continental shelf, it
shall have and exercise in the exclusive economic zone
established herein the following;
Sovereignty rights for the purpose of exploration and
exploitation, conservation and management of the natural
resources, whether living or non-living, both renewable and non-
renewable, of the sea-bed, including the subsoil and the
superjacent waters, and with regard to other activities for the
economic exploitation and exploration of the resources of the
zone, such as the production of energy from the water, currents
and winds;
Exclusive rights and jurisdiction with respect to the
establishment and utilization of artificial islands, off-shore
terminals, installations and structures, the preservation of the
marine environment, including the prevention and control of
pollution, and scientific research;
Such other rights as are recognized by international law or state
practice.
P D N o . 11 55 9999
No person shall:
a) explore or exploit any resources;
b) carry out any search, excavation or drilling operations;
c) conduct any research;
d) construct, maintain or operate any artificial island, off-
shore terminal, installation or other structure or device;
or
e) perform any act or engage in any activity which is
contrary to, or in derogation of, the sovereign rights and
jurisdiction herein provided.
Except in accordance with the terms of any agreement entered into with the
Republic of the Philippines or of any license granted by it or under
authority by the Republic of the Philippines
PD No. 1599
Nothing herein shall be deemed a prohibition on a
citizen of the Philippines, whether natural or juridical,
against the performance of any of the foregoing acts, if
allowed under existing laws.

Enjoyment in the exclusive economic zone freedoms


with respect to navigation and overflight, the laying of
submarine cables and pipelines, and other
internationally lawful uses of the sea relating to
navigation and communications. (Section 4)
PPD
D N
No . 1 5 9 9
Section 5.
a) The President may authorize the appropriate
government office/agency to make and
promulgate such rules and regulations

b) Penalty:

Fine: not be less than P2,000.00 nor be more than


P100,000.00; or
Imprisonment ranging from 6months to 10 years; or
both fine and imprisonment, in the discretion of the
court.

Vessels and other equipment or articles used in connection


therewith shall be subject to seizure and forfeiture.
South China Sea
Dispute
Senior Associate Justice Antonio
Carpio and The Permanent Court
of Arbitration Rulings
Philippines Position on the South
China Sea Dispute
1. Chinas maritime entitlements in the South China Sea, like those
of the Philippines, may not extend beyond those expressly
permitted by the United Nations Convention on the Law of the
Sea;

2. Chinas claims to sovereign rights jurisdiction, and to historic


rights, with respect to the maritime areas of the South China Sea
encompassed by the so-called nine-dash line are contrary to the
Convention and without lawful effect to the extent that they
exceed the geographic and substantive limits of Chinas maritime
entitlements expressly permitted by UNCLOS;

3. Scarborough Shoal generates no entitlement to an exclusive


economic zone or continental shelf;
4. Mischief Reef, Second Thomas Shoal, and Subi Reef are low-tide
elevations that do not generate entitlement to a territorial sea,
exclusive economic zone or continental shelf, and are not features
that are capable of appropriation by occupation or otherwise;

5. Mischief Reef and Second Thomas Shoal are part of the exclusive
economic zone and continental shelf of the Philippines;

6. Gaven Reef and McKennan Reef (including Hughes Reef) are low-
tide elevations that do not generate entitlement to a territorial
sea, exclusive economic zone or continental shelf, but their low-
water line may be used to determine the baseline from which the
breadth of the territorial sea of Namyit and Sin Cowe,
respectively, is measured;

7. Johnson Reef, Cuarteron Reef and Fiery Cross Reef generate no


entitlement to an exclusive economic zone or continental shelf;
8. China has unlawfully interfered with the enjoyment and exercise
of the sovereign rights of the Philippines with respect to the
living and non-living resources of its exclusive economic zone
and continental shelf;

9. China has unlawfully failed to prevent its nationals and vessels


from exploiting the living resources in the exclusive economic
zone of the Philippines;

10. China has unlawfully prevented Philippine fishermen from


pursuing their livelihoods by interfering with traditional fishing
activities at Scarborough Shoal;

11. China has violated its obligations under the Convention to


protect and preserve the marine environment at Scarborough
Shoal, Second Thomas Shoal, Cuarteron Reef, Fiery Cross Reef,
Gaven Reef, Johnson Reef, Hughes Reef and Subi Reef;
12. Chinas occupation of and construction activities on Mischief
Reef

(a) violate the provisions of the Convention concerning artificial


islands, installations and structures;

(b) violate Chinas duties to protect and preserve the marine


environment under the Convention; and

(c) constitute unlawful acts of attempted appropriation in


violation of the Convention;

13. China has breached its obligations under the Convention by


operating its law enforcement vessels in a dangerous manner,
causing serious risk of collision to Philippine vessels
navigating in the vicinity of Scarborough Shoal;
14. Since the commencement of this arbitration in January 2013, China has
unlawfully aggravated and extended the dispute by, among other things:

(a) interfering with the Philippines rights of navigation in the waters at,
and adjacent to, Second Thomas Shoal;

(b) preventing the rotation and resupply of Philippine personnel


stationed at Second Thomas Shoal;

(c) endangering the health and well-being of Philippine personnel


stationed at Second Thomas Shoal; and

(d) conducting dredging, artificial island-building and construction


activities at Mischief Reef, Cuarteron Reef, Fiery Cross Reef, Gaven Reef,
Johnson Reef, Hughes Reef and Subi Reef; and

15. China shall respect the rights and freedoms of the Philippines under
the Convention, shall comply with its duties under the Convention,
including those relevant to the protection and preservation of the
marine environment in the South China Sea, and shall exercise its
rights and freedoms in the South China Sea with due regard to those of
the Philippines under the Convention.
The Permanent Court of
Arbitration
Decisions
The Nine-Dash Line & Historic Rights
No legal basis

Chinas claim to historic rights to resources was incompatible with


the detailed allocation of rights and maritime zones in the
Convention and concluded that, to the extent China had historic
rights to resources in the waters of the South China Sea, such rights
were extinguished by the entry into force of the Convention to the
extent they were incompatible with the Conventions system of
maritime zones.

Historical navigation and fishing by China in the waters of the South


China Sea represented the exercise of high seas freedoms, rather
than a historic right, and that there was no evidence that China had
historically exercised exclusive control over the waters of the South
China Sea or prevented other States from exploiting their resources.
Status Features of the South China Sea
Technical Evaluation
Under Articles 13 and 121 of the Convention, features that are
above water at high tide generate an entitlement to at least a 12
nautical mile territorial sea, whereas features that are submerged
at high tide generate no entitlement to maritime zones.

Classification of features is based on the islands natural


condition

High Tide Features: Scarborough Shoal, Johnson Reef,


Cuarteron Reef, and Fiery Cross Reef

Submerged at High Tide: Subi Reef, Hughes Reef, Mischief


Reef, and Second Thomas Shoal
Status Features of the South China Sea
Article 121 of the Convention
islands generate an entitlement to an exclusive economic zone of
200 nautical miles and to a continental shelf, but [r]ocks which
cannot sustain human habitation or economic life of their own shall
have no exclusive economic zone or continental shelf.

Thus:
Current presence of official personnel on many of the features
does not establish their capacity, in their natural condition, to
sustain a stable community of people and considered that
historical evidence of habitation or economic life was more
relevant to the objective capacity of the features

Temporary use of the features by fishermen did not amount to


inhabitation by a stable community and that all of the historical
economic activity had been extractive in nature

High-tide features of Spratlys Island are legally Rocks


Chinese Activities in South China Sea
1. Interference with Philippine petroleum exploration at
Reed Bank

2. Prohibit fishing by Philippine vessels within the


Philippines exclusive economic zone

3. Protection and failure to prevent Chinese fishermen from


fishing within the Philippines EEZ at Mischief Reef and
Second Thomas Shoal

4. Construction of installations and artificial islands at


Mischief Reef without the authorization of the Philippines
Harm to the Environment

Due to the large-scale reclamation, China had caused


severe harm to the coral reef environment & violated its
obligation to preserve & protect fragile ecosystems & the
habitat depleted, threatened, or endangered species.

Chinese fishermen have engaged in the harvesting of


endangered sea turtles, coral, and giant clams on a
substantial scale. using methods that inflict severe
damage on the coral reef environment
Aggravation of Dispute
China had violated its obligations to refrain from
aggravating or extending the Parties disputes during the
pendency of the settlement process

The Chinese Government has:


1. built a large artificial island on Mischief Reef, a low-tide
elevation located in the exclusive economic zone of the
Philippines;

2. caused permanent, irreparable harm to the coral reef


ecosystem; and

3. permanently destroyed evidence of the natural condition of


the features in question
Justic e C arpio on South C h ina Sea
C onfl ic t
Arbitration is about
maritime dispute
Reed Bank is
off Palawan,
no longer Urgency for the
part of development of the Reed
Spratly Island Bank

Its the future of energy


source, the future of our
food source and the future
probably of new forms of
energy - Methane
Hydrates
Methane Hydrates
A cage-like lattice of ice inside
of which are trapped
molecules of methane, the
chief constituent of natural
gas.

The energy content of methane


occurring in hydrate form is
immense, possibly exceeding
the combined energy content
of all other known fossil fuels.

The methane hydrates in the


South China Sea could power
the economy of China for 300
years
The nine-dash lines encroach the EEZs of these
countries and encroach completely the high seas.
The red shaded area is the disputed exclusive
economic zone. We claim the red area as our
exclusive economic zone but China says that is
covered, enclosed by our nine-dash lines. That
area is about 381,000 square kilometers of
maritime space. Reed Bank is right within that
area. Malampaya is partly cut through by the
nine-dash lines. Thats the dispute.
Proposals
Professor McManus (American Marine Biologist):
the Spratlys be turned into an international marine peace
park so the countries will suspend all their territorial claims for
50 or 100 years and allow the reef to regrow and be the breeding
ground of the fish

Justice Carpio:
all the coastal states that have claim on the Spratlys will
suspend their territorial claims for 100 years and all military
facilities should be converted into marine research facilities and
eco-tourism facilities.

The navy will not be allowed, only the civilian coast guards will
be allowed to have personnel & ships there.

a win-win solution for everybody.