Republic of the Philippines Congress of the Philippines Metro Manila Fourteenth Congress Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand eight. Republic Act No. 9522 March 10, 2009 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 Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: Section 1. Section 1 of Republic Act No. 3046, entitled "An Act to Define the Baselines of the Territorial Sea of the Philippines", as amended by Section 1 of Republic Act No. 5446, is hereby amended to read as follows: Section 1. The baselines of the Philippines archipelago are hereby defined and described specifically as follows: Basepoint Station Number Name Location World Geodetic System of 1984 Distance (WGS 84) Coordinates to next basepoint Latitude (N) Longitude (E) (M) 21657.73" 195738.19" 181835.30" 17716.30" 17614.79" 17551.31" 17236.91" 165918.03" 164956.11" 164738.86" 161844.33" 142954.43" 146.29.91" 146.10.40" 12416.37" 123618.41" 1215727.71" 122946.32" 1222019.07" 1223128.34" 1223143.84" 1223142.66" 122313.28" 1222756.61" 1222650.78" 122264.40" 1221406.69" 1225751.15" 1241659.21" 1241726.28" 125353.71" 125850.19" 70.08 99.17 71.83 1.05 0.39 3.29 9.74 3.51 2.40 30.94 116.26 80.29 0.54 96.04 6.79 5.52

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

PAB-01 PAB-02 PAB-04 PAB-05A PAB-05B PAB-05 PAB-06 PAB-06B PAB-06C PAB-07 PAB-08 PAB-10A PAB-11 PAB-12 PAB-13 PAB-13A

Amianan Is. Balintang Is. Bigan Pt. Ditolong Pt. Ditolong Pt. Ditolong Pt. Spires Is. Digollorin Pt. Digollorin Rk. Divimisa Pt. Dinoban Pt. Tinaga Is. Horodaba Rk. Matulin Rk. Atalaya Pt. Bacan Is.

17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

PAB-14 PAB-14A PAB-14D PAB-15 PAB-16A PAB-16B PAB-16C PAB-16D PAB-17 PAB-18A PAB-19C PAB-19D PAB-20A PAB-21B PAB-22 PAB-22C PAB-23 PAB-23B PAB-23C PAB-24 PAB-24A PAB-25B PAB-25 PAB-26 PAB-27 PAB-28 PAB-29 PAB-30 PAB-31

Finch Rk. Cube Rk. NW Manjud Pt. SE Manjud Pt. S Sorz Cay Panablihon Alugon N Bunga Pt. E Bunga Pt. SE Tobabao Is. Suluan Is. N Tuason Pt. Arangasa Is. Sanco Pt. Bagoso Is Languyan Languyan Languyan N Baculin Pt. Pusan Pt. S Pusan Pt. Cape San Agustin Cape San Agustin SE Sarangani Is. Pangil Bato Pt. Tapundo Pt. W Calia Pt. Manamil Is. Marampog Pt.

1232.33.62" 1231.57.45" 122836.42" 122737.51" 122141.64" 121727.17" 121321.95" 121148.16" 121120.67" 1267.00" 104516.70" 94959.58" 85316.62" 81311.53" 74245.02" 72949.47" 72916.93" 72830.97" 72729.42" 71719.80" 71614.43" 61714.73" 6168.35" 52334.20" 52321.80" 62155.66" 52158.48" 5222.91" 52320.18"

1251259.70" 1251332.37" 1251712.32" 125185.23" 125237.41" 125270.12" 1253019.47" 1253130.88" 1253148.29" 1253411.94" 125588.78" 126106.39" 1262048.81" 1262853.25" 1263429.08" 1263559.24" 1263559.50" 1263557.30" 1263551.31" 1263618.26" 1263557.20" 1261214.40" 1261135.06" 1252842.11" 1252819.59" 1262511.21" 1252152.03" 1252059.73" 1251944.29"

0.80 4.90 1.30 7.09 5.68 5.21 1.94 0.54 5.71 83.94 56.28 57.44 40.69 30.80 12.95 0.54 0.76 1.2 10.12 1.14 63.28 1.28 67.65 0.43 3.44 3.31 0.87 1.79 78.42

46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74

PAB-32 PAB-33A PAB-34A PAB-35 PAB-35A PAB-38A PAB-39 PAB-40 PAB-40A PAB-41A PAB-42A PAB-43 PAB-44 PAB-45 PAB-46 PAB-47 PAB-48 PAB-48A PAB-49 PAB-50 PAB-51 PAB-52 PAB-53 PAB-54 PAB-54A PAB-54B PAB-55 PAB-60 PAB.61

Pola Pt. Kantuan Is Tongguil Is. Tongquil Is Tongquil Is. Kirapusan Is Manuk Manka Is. Frances Reef Frances Reef Bajapa Reef Paguan Is. Alice Reef Alice Reef Omapoy Rk. Bukut Lapis Pt. Pearl Bank Bagnan Is. Taganak Is Great Bakkungaan Is. Libiman Is. Sibaung Is. Muligi Is. South Mangsee Is. Balabac Is. Balabac Great Reef Balabac Great Reef Balabac Great Reef Ada Reef Secam Is.

698.44" 62647.22" 6233.77" 618.51" 6017.88" 512.8.70" 44739.24" 42453.84" 4253.83" 436"9.01" 44252.07" 44555.25" 4475.36" 45510.45" 5223.73" 54635.15" 6558.41" 6414.08" 6114.65" 61339.90" 61743.99" 65214.53" 73026.05" 74830.69" 75127.17" 75219.86" 75436.35" 820.26" 81118.36"

1241542.81" 12213.34.50" 1215636.20" 1215441.45" 1216311.17" 1204138.14" 1195158.08" 1191450.71 1191415.15" 119322.75" 119144.04" 119315.19" 119512.94" 119221.30 1194418.14" 1193951.77" 1182657.30" 1181833.33" 118654.15" 118352.09" 11805.44" 1182340.49" 1171833.75" 1165939.18" 1165417.19" 1165328.73" 1165316.64" 1165410.04" 1165951.87"

122.88 29.44 2.38 1.72 85.94 55.24 43.44 0.61 15.48 6.88 8.40 2.28 18.60 23.37 44.20 75.17 8.54 13.46 3.97 5.53 41.60 75.06 26.00 6.08 1.18 2.27 5.42 10.85 30.88

75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101

PAB-62 PAB-63 PAB-63A PAB-64 PAB.64B PAB-65C PAB-67 PAB-68 PAB-71 PAB-72 PAB-72B PAB-73 PAB-74 PAB-74A PAB-75 PAB-75C PAB-75D PAB-76 PAB-77 PAB-78 PAB-79 PAB-79B PAB-80 PAB-82 PAB-83 PAB-84 PAB-85

Latua Pt. SW Tatub Pt. W Sicud Pt. Tarumpitao Pt. Dry Is. Sinangcolan Pt. Pinnacle Rk. Cabra Is Hermana Mayor Is. Tambobo Pt. Rena Pt. Rena Pt. Rocky Ledge Piedra Pt. Piedra Pt. Piedra Pt. Piedra Pt. Dile Pt. Pinget Is. Baboc Is. Cape Bojeador Bobon Calagangan Pt. Itbayat Is. Amianan Is Amianan Is. Amianan Is.

88756.37" 84417.40" 85332.20" 92.57.47" 95922.54" 111319.82" 121935.22" 135324.45" 154843.61" 155761.67" 16957.90" 161012.42" 161634.46" 163712.70" 161829.49" 161928.20" 16204.38" 173424.94" 174117.56" 17554.13" 182932.42" 183052.88" 191014.78" 204315.74" 21717.47" 21718.41" 21712.04"

1171551.23" 1172039.37" 1172815.78" 1173738.88" 1183653.61" 1191517.74" 1195056.00 12015.86" 1194656.09" 1194455.32" 11945.15.76" 1194511.95" 1194619.50" 1194628.62" 1194644.94" 119477.69" 1194720.48" 1202033.36" 120212.20" 1202440.56" 1203342.41" 1203455.35" 1211252.64" 1214657.80" 1215643.85" 1215648.79" 121573.65"

7.91 11.89 13.20 81.12 82.76 74.65 93.88 115.69 9.30 12.06 0.25 6.43 0.65 1.30 1.04 0.63 80.60 6.86 14.15 35.40 1.77 58.23 98.07 25.63 0.08 0.25 0.44

Section 2. The baseline in the following areas over which the Philippines likewise exercises sovereignty and jurisdiction shall be determined as "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): a) The Kalayaan Island Group as constituted under Presidential Decree No. 1596; and

b) Bajo de Masinloc, also known as Scarborough Shoal. Section 3. This Act affirms that the Republic of the Philippines has dominion, sovereignty and jurisdiction over all portions of the national territory as defined in the Constitution and by provisions of applicable laws including, without limitation, Republic Act No. 7160, otherwise known as the Local Government Code of 1991, as amended. Section 4. This Act, together with the geographic coordinates and the chart and maps indicating the aforesaid baselines, shall be deposited and registered with the Secretary General of the United Nations. Section 5. The National Mapping and Resource Information Authority (NAMRIA) shall forthwith produce and publish charts and maps of the appropriate scale clearly representing the delineation of basepoints and baselines as set forth in this Act. Section 6. The amount necessary to carry out the provisions of this Act shall be provided in a supplemental budyet or included in the General Appropriations Act of the year of its enactment into law. Section 7. 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 8. The provisions of Republic Act No. 3046, as amended by Republic Act No. 5446, and all other laws, decrees, executive orders, rules and issuances inconsistent with this Act are hereby amended or modified accordingly. Section 9. This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in any two (2) newspaper of general circulation. Approved (Sgd.) PROSPERO C. NOGRALES (Sgd.) JUAN PONCE ENRILE Speaker of the House of President of the Senate Representatives This Act which is a consolidation of Senate Bill No. 2699 and House Bill No. 3216 was finally passed by the Senate and the House of Representative on February 17, 2009. (Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES Secretary General Secretary of Senate House of Represenatives Approved: MAR 10, 2009 (Sgd.) GLORIA MACAPAGAL-ARROYO President of the Philippines Magalona vs. Ermita G.R. No. 187167, Aug. 16, 2011 Facts: In 1961, Congress passed R.A. 3046, demarcating the maritime baselines of the Philippines as an archipelagic state, following the framing of the UNCLOS I. However, the breadth of the territorial sea was left undetermined, and R.A. 3046 remained unchanged for five decades. In 2009, it was amended by R.A. 9522 to make it complaint with the terms of the UNCLOS III, so that one baseline was shortened, basepoint locations were optimized and the Kalayaan Islands and the Scarborough Shoal were classified as regimes of islands. Petitioners, all law professors, students and a legislator, assail R.A. 9522s constitutionality on the grounds that it reduces Philippine maritime territory, in violation of Article 1 of the Constitution, and opens the countrys internal waters to maritime passage, undermining Philippine sovereignty and national security.

Issue: Is R.A. 9522, the amendatory Philippine Baseline Law, violative of Sec. 2, par. 2, Art. XII of the Constitution? Held: No. The provisions that petitioners site, which are the protection of maritime wealth (Par. 2, Sec. 2, Art. XII) and subsistence fishermen (Sec. 7, Art. XIII) are not violated by R.A.9522. In fact, the demarcation of the baselines enables the Philippines to delimit its exclusive economic zone, reserving solely to the Philippines the exploitation of all living and non-living resources within. It is binding on the international community since the delineation is in strict observance of the UNCLOS III. If the maritime delineation is contrary to UNCLOS III, the international community will reject and refuse to be bound by it. UNCLOS III grants new rights to coastal States to exclusively exploit the resources found within the EEZ up to 200 nautical miles. It however preserves the traditional freedom of navigation of other States that attached to this zone beyond the territorial sea before UNCLOS III.

CASE DIGEST OF MAGALLONA VS ERMITA FACTS OF THE CASE: The antecedent facts of this case emerged upon the passing of Republic Act 3046 in 1961. The laws purpose is to demarcate the maritime baselines of the Philippines as it was deemed to be an archipelago. RA 3046 stood unchallenged until 2009, when Congress amended it and passed RA 9522. This amending law shortened one baseline and determined new base points of the archipelago. Moreso, it has identified the Kalayaan IslandGroup and the Scarborough Shoal, as "regimes of islands", generating their own maritime zones. The petitioners filed a case assailing the constitutionality of RA 9522. To their opinion, the law has effectively reduced the maritime territory of the country. With this, Article I of the 1987 Constitution will be violated. The petitioners also worried that that because of the suggested changes in the maritime baselines will allow for foreign aircrafts and vessels to traverse the Philippine territory freely. In effect, it steps on the states sovereignty and national security. Meanwhile, the Congress insisted that in no way will the amendments affect any pertinent power of the state. It also deferred to agree that the law impliedly relinquishes the Philippines claims over Sabah. Lastly, they have questioned the normative force of the notion that all the waters within the rectangular boundaries in the Treaty of Paris. Now, because this treaty still has undetermined controversies, the Congress believes that in the perspective of international law, it did not see any binding obligation to honor it. Thus, this case of prayer for writs of certiorari and prohibition is filed before the court, assailing the constitutionality of RA 9522. THE COURTS RULING: The Court dismissed the case. It upheld the constitutionality of the law and made it clear that it has merely demarcated the countrys maritime zones and continental shelves in accordance to UNCLOS III. Secondly, the Court found that the framework of the regime of islands suggested by the law is not incongruent with the Philippines enjoyment of territorial sovereignty over the areas of Kalayaan Group of Islands and the Scarborough. Third, the court reiterated that the claims over Sabah remained even with the adoption of theamendments. Further, the Court importantly stressed that the baseline laws are mere mechanisms for the UNCLOS III to precisely describe the delimitations. It serves as a notice to the international family of states and it is in no way affecting or producing any effect like enlargement or diminution of territories. With regard to the petitioners assertion that RA 9522 has converted the internal waters into archipelagic waters, the Court did not appear to be persuaded. Instead, the Court suggested that the political branches of Government can pass domestic laws that will aid in the

competent security measures and policies that will regulate innocent passage. Since the Court emphasized innocent passage as a right based on customary law, it also believes that no state can validly invoke sovereignty to deny a right acknowledged by modern states. In the case of archipelagic states such as ours, UNCLOS III required the imposition of innocent passage as a concession in lieu of their right to claim the entire waters landward baseline. It also made it possible for archipelagic states to be recognized as a cohesive entity under the UNCLOS III.