Professional Documents
Culture Documents
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
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.
b) Penalty:
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;
(a) interfering with the Philippines rights of navigation in the waters at,
and adjacent to, Second Thomas Shoal;
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
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
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.