lnr report final

8/6/2019 Lnr Report Final

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A Paper

on

LAW ON WATERS

Submitted to:

Atty. Maria Theresa SalvanProfessor, Law on Natural Resources

New Era University College of Law

Submitted by:

Antonio, Laila R.Basco, Rodel

Cala, Teresita M.Dolar, Michael

Garingan, Catherine JaneOsorio, Ramero S.

Villa del Rey, Philip



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A REPORT ON LAW ON WATERS

INTRODUCTION

The Philippines is an archipelago consisting of 7,100 islands and isletswith a land area of about 300,000 km2. The country is rich in water resources. Ithas 421 principal river basins with drainage area varying from 41 to 27,280 km2.Out of these 421 principal river basins, 20 are considered as major river basins,with each one having at least 990 km2 basin area. These major river basins cover a total area of 111,269 km2 equivalent to 37.1% of the total land area of thePhilippines.

In addition, the Philippines has 16 major lakes, covering 400 hectares andabove. Of these, five are in Luzon (Laguna, Taal, Bato, Buhi and Baao), three inthe Visayas (Naujan, Manguao and Danao) and the remaining seven inMindanao (Lumao, Lanao, Buluan,Blingkong, Labas, Mainit, Pagusi). .

The Philippines coastal bays and coastal waters cover an area of 266,000sq. km; while its oceanic waters cover 1,934,000 sq. km. Philippine coastalwaters contain some of the world¶s most diverse ecosystems. It is in factconsidered as the center of marine biodiversity in the world, characterized byextensive coral reefs, sea grass beds, dense mangrove forests, and pristine andbeautiful beaches. The country¶s total coastline is one of the longest in the world

and stretches over 36,289 kilometers. Average annual rainfall is about 2,400 mmof which 1,000 mm to 2,000 mm are collected as run-off by a natural topographyof river basins, natural lakes and numerous smallstreams.

The Philippines being an archipelagic state is bounded by waters. Law onwaters has been embedded in the Constitution being the fundamental law of the land:

Art. XII, National Economy and Patrimony

Sec. 2,

³.x x x

The State shall protect the nation¶s marine wealth and itsarchipelagic waters, territorial sea and exclusive economic zone,and reserve its use and enjoyment exclusively to Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish



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farming, with priority to subsistence fishermen and fish-workers inrivers, lakes, bays and lagoons.´

All existing and subsequent laws for that matter must be dynamic with theConstitution and those which are not in harmony with international law and the ever

changing laws of nature must be continuously updated. The earth which composes two-thirds water where terrestrial and aquamarine life thrive and are dependent for survivalmust be protected for enjoyment by generations to come.

Water is the most bountiful substance on the surface of the Earth, and every typeof life form depends on it for survival. However, 98 percent of water is ocean seawater or brackish water, and another one percent is in the polar ice caps. Thus, the entireworld population is left to fight for the remaining one percent, that still contains manytoxic and poisonous contaminants.



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PHILIPPINE LAWS ON WATER

As of 2004, there are twenty-five (25) laws on water:

1. Fisheries Code (RA 8550)

2. Exclusive Economic Zone (PD 1599)3. Baseline of the Philippine Islands ( RA 3046)4. MNR Administrative Code on Marine Turtles (MNR AC No.12)5. Fisheries Administrative Order No. 185 (PD 704), Secs. 4 & 7 re:

Protection of Dolphins)6. Fisheries Administrative Order No. 193 (Whale Sharks and Manta

Rays)7. DENR Administrative Order No. 55-91 (Sea Cow a.k.a.´Dugong´)8. Seashore and Beach Protection (BP 265)9. Marine Pollution (PD 979)10. Irrigation (RA 6978)

11. Rainwater Collection of Spring Protection)12. National Water Crisis Act (RA 8041)13. Fishery/Marine Resources Laws14. Marine Protection Administration: Coast Guard Law (PD 601)15. PNP Maritime Group ( RA 6975)16. Maritime Industry Authority (PD No. 474)17. Water Code (PD 1067)18. Creation of Laguna Lake Development Authority (RA 4850)19. Executive Order No. 927 ± Prescribing for additional powers of LLDA20. Pollution Control Law (PD 984)\21. Local Water Utilities Authority (PD 198)22. Metropolitan Waterworks and Sewerage System (RA 6234)23. Demolition of Structures in Navigable Waterways (RA 2056)24. Presidential Decree 296 ± Directing Persons to Renounce Possession

of Riverbanks25. Commonwealth Act No. 383 ± Dumping Wastes that Cause rising of

Riverbanks.



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COMMON POLICIES ON LAWS ON WATER

Law on Waters common policies involves:

1. Conservation of Philippine water resources;

2. Limit enjoyment of fishery and aquatic resources to Filipino citizens3. Pollution of Marine Resources4. Marine Protection

However, since law is dynamic, updates on law on waters has included lawswhich have a long term effect on climate change.



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UPDATES ON LAWS ON WATER

A. Climate Change

EXECUTIVE ORDER NO. 774 dated December 26, 2008

REORGANIZING THE PRESIDENTIAL TASK FORCE ON CLIMATE CHANGE

The Presidential Task Force on Climate Change (PTFCC) is reorganized. ThePresident of the Philippines shall serve as Chair. All sectors under the President

The Department of Health, the Metropolitan Waterworks and SewerageSystems shall enjoin the private sector, such as sludge excavation contractorsand water concessionaires, to undertake a methane recovery program fromhuman and animal waste and convert it into cooking gas and other forms of energy.

1. Campaign shall be to identify and regenerate the forest lands andprotected areas of the islands and seas of the Philippines.

2. The DENR was designated to lead a Task Group on Watershed Protection toundertake a survey and mapping for the protected areas of the country and the neededareas for forest land. Pursuant to the Constitution, these areas shall be clearly markedon the ground.,This preliminary activity shall set the state for the massive restoration andregeneration of said forest lands and protected areas.

2.1) Water resources and watersheds shall be immediately identified andprotected and their water flow improved and their floral cover regenerated. For

this purpose, the fund set aside for the rehabilitation of watersheds under theElectric Power Industry Reform Act shall be made available by the NationalPower Corporation for forest delineation and reforestation projects.

2.2) The DENR, the state universities and colleges (SUCs), particularly their Departments of Biology and Marine Sciences, Department of Science andTechnology (DOST), and other scientific institutions shall mobilize the youth toconduct and complete an inventory of the flora and fauna in the terrestrial andmarine ecosystems of their respective localities .

3. Clean Water Conservation - With due consultation and proper relocationassistance, all riverbanks and waterways must be cleared of informal structures and

obstacles. All waterways must be restored to waters suitable for fisheries and boating .

4. Task Force on Rainwater collection systems shall be put in place. The DPWHwas designated to lead a Task Group in cooperation with the United Architects of thePhilippines to design and implement the efficient rainwater collection and aquifier systems. Demonstration projects.



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5.Task Group on Water recycling - the prevention, recovery and treatment of used water - shall be placed at the highest priority of survival. For the purpose, theNational Water Resources Office was tasked to lead a Task Group in cooperation withthe Local Water Utilities Administration and the water districts, the DTI andmanufacturers of irrigation implements and toilet facilities to efficiently use, recover andreuse water. With due consultation and proper relocation assistance, all riverbanks and

waterways must be cleared of informal structures and obstacles. All waterways must berestored to waters suitable for fisheries and boating .

6. Task Group on Fisheries . (a) The Department of Agriculture (DA) shall lead aTask Group to conduct a compliance audit of the strategic provisions of the FisheriesCode, particularly on the determination of the maximum sustainable yield, the total catchallowable, and the carrying capacity of our marine ecosystems.

(b) With the DILG, the DA shall conduct massive information, education andcommunication campaigns with coastal local governments to implement Section 81 of RA 8550, otherwise known as the Fisheries code, mandating that at least fifteen percent(15%) of their municipal waters must be devoted to fish sanctuary.

(c) The local governments of all coastal towns and cities are enjoined to identify anddeclare their fish sanctuaries . Non-compliant local governments shall be sanctioned asappropriate by the DILG.

B. Marine Conservation and Fish Propagation

Republic Act No. 9471 dated May 21, 2007

AN ACT TO ESTABLISH AQUATIC RESEARCH AND TECHNOLOGY CENTER INSUITABLE MUNICIPALITY IN THE PROVINCE OF CAMARINES SUR, AND

APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

There shall be established in suitable or appropriate municipalities in theProvince of Camarines Sur, aquatic research and technology center for the breeding,culture and propagation of such as, but not limited to, mud fish ("dalag"), native hito,gurami and freshwater shrimp and other aquatic animals under the guidance andsupervision of the Bureau of Fisheries and Aquatic Resources of the Department of

Agriculture.

The Bureau of Fisheries and Aquatic Resources, in coordination with the

Province of Camarines Sur and the Department of Environment and Natural Resources(DENR), is hereby authorized to assist in the establishment and maintenance of suchfacilities and equipment as may be necessary to implement the intents and, purposes of this Act. For this purpose, the aquatic research and technology center shall formulatesuch operating guidelines as shall be recommended by the Department of Agriculture for the breeding, propagation and distribution of spawners, fry or fingerlings of said aquaticspecies.



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C. Marine Pollution

Marine Pollution has been one of the concerns in both urban development andexploration, where exploitation of our marine resources and reserves are at stake.

1. Republic Act No. 9483 dated June 02, 2007

AN ACT PROVIDING FOR THE IMPLEMENTATION OF THE PROVISIONS OF THE 1992INTERNATIONAL CONVENTI0N ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE AND

THE 1992 INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF ANINTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTION DAMAGE, PROVIDING

PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER PURPOSES

In the protection of its marine wealth in its archipelagic waters, territorial sea andexclusive economic zone, adopts internationally accepted measures which impose strictliability for Oil Pollution Damage and ensure prompt and adequate compensation for persons who suffer such damage. This Act adopts and implements the provisions of the1992 International Convention on Civil Liability for Oil Pollution Damage and the 1992

International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage.

"Pollution Damage" means:

(1) Loss or damage caused outside the Ship by contamination resultingfrom the escape or discharge of Oil from the Ship, wherever such escapeor discharge may occur: Provided , That compensation for impairment of the environment other than loss of profit from such impairment shall belimited to costs of reasonable measures of reinstatement actuallyundertaken or to be undertaken; and

(2) The costs of preventive measures and further loss or damage causedby preventive measure.

2. In Shell Phils . Exploration vs. Jalos, et al.

The Malampaya Gas plant is a natural gas exploration in Mindoro Sea.

Although the complaint of Jalos, et al does not use the word "pollution" indescribing the cause of the alleged fish decline in the Mindoro Sea, it is unmistakablebased on their allegations that Shell¶s pipeline produced some kind of poison or emission that drove the fish away from the coastal areas. While the complaint did not

specifically attribute to Shell any specific act of "pollution," it alleged that "the pipelinegreatly affected biogenically hard-structured communities such as coral reefs and led [to]stress to the marine life in the Mindoro Sea."10 This constitutes "pollution" as defined bylaw.



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3. Social Justice Society (SJS), CABIGAO, and BONIFACIO S. TUMBOKONvs HON. JOSE L. ATIENZA, JR., in his capacity as Mayor of the City of Manila

In the Exercise of police power by the state, the DILG and the City of Manila passed

Ordinance No. 8027 to cease and desist from operating businesses situated in the area arethe so-called "Pandacan Terminals" of the oil companies Caltex (Philippines), Inc., PetronCorporation and Pilipinas Shell Petroleum Corporation.

However, on June 26, 2002, the City of Manila and the Department of Energy (DOE)entered into a memorandum of understanding (MOU)6 with the oil companies in which theyagreed that "the scaling down of the Pandacan Terminals [was] the most viable andpracticable option." Under the MOU, the oil companies agreed to perform the following:

Consistent with the objectives stated above, the OIL COMPANIES shall, uponsigning of this MOU, undertake a program to scale down the Pandacan Terminals whichshall include, among others, the immediate removal/decommissioning process of TWENTY

EIGHT (28) tanks starting with the LPG spheres and the commencing of works for thecreation of safety buffer and green zones surrounding the Pandacan Terminals. xxx

Consistent with the scale-down program mentioned above, the OIL COMPANIESshall establish joint operations and management, including the operation of common,integrated and/or shared facilities, consistent with international and domestic technical,safety, environmental and economic considerations and standards. Consequently, the jointoperations of the OIL COMPANIES in the Pandacan Terminals shall be limited to thecommon and integrated areas/facilities. A separate agreement covering the commercial andoperational terms and conditions of the joint operations, shall be entered into by the OILCOMPANIES.

4. PRESERVATION OF THE MARINE ENVIRONMENT ANDMARITIME SAFETY

Crucial to the protection of the marine resources of the Philippines and thedevelopment of the maritime industry are the preservation of the marineenvironment and maritime safety. The geographic nature of the Philippinesmakes it vulnerable to marine pollution and marine accidents and disaster. Thenegative impacts of climate change are also being increasingly felt in the islandsand coasts of the Philippines.

4.1 Marine Pollution

Reports indicate that the environmental situation of the Philippines isgenerally very poor, particularly in urban areas.58 The Department of Environment and Natural Resources (DENR) indicates that about 15 per cent of



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the water bodies in the Philippine waters are at a disturbing level of organicpollution.59 Marine pollution in the Philippines are caused by land- and sea-based sources, including sewage, agricultural runoffs, chemical discharges,hazardous and toxic substances, and operational and accidental oil discharge.

As an example, the country experiences an average of 23 oil spills a year.60

Some of the major incidents of oil and chemical spills have affected multiplemunicipalities to the detriment of coastal resources and livelihood.

The Philippines has numerous environmental policies, laws and regulationthat prevent, abate, contain, and control land- and sea-based sources of pollution. It has developed guidelines to address the transport and dumping of chemical and hazardous wastes, implements national and local oil spillcontingency plans supplemented by contingency plans of private firms, andconducts environmental monitoring programs to protect marine habitats andresources from marine pollution. However there are still gaps in the marine

environmental management in the Philippines that need to be addressed such asthe establishment of a stricter liability regime against identified polluters,adequate compensation regime for those affected by the pollution, riskassessment systems, more robust contingency plans, and coordinatedemergency and crisis preparedness. There are also marine environmental issuesthat need further examination and regulation such as persistent organicpollutants and marine invasive species.

4.2 Maritime Safety

Another important factor in promoting the growth of the maritime industryis the safety of life and property at sea. According to the Philippine Coast Guard(PCG), there are about 170 recorded marine accidents mostly involvingPhilippine-flagged vessels in the country¶s waters for the past twenty years.61This number does not include marine accidents recorded by the MaritimeIndustry Authority (MARINA) which do not necessarily correspond with PCGrecords. Some of these incidents involve grounding of vessels, oil pollution,collision, capsizing of vessels, fire on board vessels, and engine explosions.While some of these incidents have been caused by typhoons and naturaldisasters, some cases have been due to human error or malicious attacks andresulted not only in the loss of ships but more importantly the lives of crew andpassengers. Among the most disastrous cases in terms of loss of lives are thecollision of the MV Super Ferry 12 and MV San Nicholas in 2003, fire on boardMV Maria Carmela in 2002 and MV Super Ferry 14 in 2004, and capsizing of MVPrincess of the Stars, MBca Don Dexter, and MBca Mae Juan in 2008.62 Thereare other incidents which may not have involved the loss of lives but causedinjury to numerous passengers and crew and damage to property.



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In order to prevent marine disasters, Philippine maritime agenciescontinue to improve their services to ensure the safety of navigation particularlyin areas with high level of vessel traffic. Apart from ratifying and implementingIMO-related conventions on maritime safety, the Philippines conducts search and

rescue operations and vessel inspections in ports, supervises salvageoperations, establishes aids to navigation and traffic separation schemes,disseminates maritime safety information to vessels transiting Philippine waters,deploys marshals at sea, and provides safety and security services to offshore oiland gas exploration projects.

4.3 Maritime Boundary Delimitation with Neighboring States

The Philippines has overlapping maritime zones with seven neighboringStates: China, Japan, Taiwan, Malaysia, Vietnam, Indonesia, and Palau. It has

yet to enter into an agreement on maritime boundary delimitation with any of these States. In some of these shared waters however, the Philippines hasentered into functional cooperative arrangements, particularly in areas of fisheries research, information exchange, and joint patrols and monitoring.

4.4 Submission for an Extended Continental Shelf

In April 2009, the Philippines presented a partial submission to theCommission on the Limits of the Continental Shelf (CLCS) on the outer limits of its continental shelf extending beyond 200 nautical miles from the baselines inthe Benham Rise Region, in the eastern part of the Philippines.19 This area isnot subject to maritime boundary disputes or claims. The Philippines alsomaintains that it has continental shelves in the western region. However, thatregion includes the South China Sea, which is known to have a number of territorial disputes.

5. MMDA, et al. vs. Concerned residents of Manila Bay, G.R. Nos. 171947-48, G.R. Nos. 171947-48

Revolutionary ± that was how environmental lawyer Antonio Oposa described therecent unanimous Supreme Court ruling on the 10-year-old case he handled thatconcerned the clean-up of Manila Bay.

Penned by Justice Presbitero J. Velasco, Jr., the ruling is more than just poetic justice, it is compelling and executor and those who defy it better pack up for parts unknown. Here now are excerpts:



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(1) Pursuant to Sec. 4 of EO 192, assigning the DENR as the primaryagency responsible for the conservation, management, development, and proper use of the country¶s environment and natural resources, and Sec. 19 of RA 9275,designating the DENR as the primary government agency responsible for itsenforcement and implementation, the DENR is directed to fully implement

itsO perational Plan for the Manila Bay Coastal Strategy for the rehabilitation,restoration, and conservation of the Manila Bay at the earliest possible time. It is

ordered to call regular coordination meetings with concerned governmentdepartments and agencies to ensure the successful implementation of theaforesaid plan of action in accordance with its indicated completion schedules.

(2) Pursuant to Title XII (Local Government) of the Administrative Code of 1987 and Sec. 25 of the Local Government Code of 1991, [42] the DILG, inexercising the President¶s power of general supervision and its duty topromulgate guidelines in establishing waste management programs under Sec.43 of the Philippine Environment Code (PD 1152), shall direct all LGUs in Metro

Manila, Rizal, Laguna, Cavite, Bulacan, Pampanga, and Bataan to inspect allfactories, commercial establishments, and private homes along the banks of themajor river systems in their respective areas of jurisdiction, such as but notlimited to the Pasig-Marikina-San Juan Rivers, the NCR (Parañaque-Zapote, LasPiñas) Rivers, the Navotas-Malabon-Tullahan-Tenejeros Rivers, theMeycauayan-Marilao-Obando (Bulacan) Rivers, the Talisay (Bataan) River, theImus (Cavite) River, the Laguna De Bay, and other minor rivers and waterwaysthat eventually discharge water into the Manila Bay; and the lands abutting thebay, to determine whether they have wastewater treatment facilities or hygienicseptic tanks as prescribed by existing laws, ordinances, and rules andregulations. If none be found, these LGUs shall be ordered to require non-complying establishments and homes to set up said facilities or septic tankswithin a reasonable time to prevent industrial wastes, sewage water, and humanwastes from flowing into these rivers, waterways, esteros, and the Manila Bay,under pain of closure or imposition of fines and other sanctions.

(3) As mandated by Sec. 8 of RA 9275, [43] the MWSS is directed toprovide, install, operate, and maintain the necessary adequate waste water treatment facilities in Metro Manila, Rizal, and Cavite where needed at theearliest possible time.

(4) Pursuant to RA 9275,[44] the LWUA, through the local water districtsand in coordination with the DENR, is ordered to provide, install, operate, andmaintain sewerage and sanitation facilities and the efficient and safe collection,treatment, and disposal of sewage in the provinces of Laguna, Cavite, Bulacan,Pampanga, and Bataan where needed at the earliest possible time.

(5) Pursuant to Sec. 65 of RA 8550,[45] the DA, through the BFAR, isordered to improve and restore the marine life of theManila Bay. It is alsodirected to assist the LGUs in Metro Manila, Rizal, Cavite, Laguna, Bulacan,



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Pampanga, and Bataan in developing, using recognized methods, the fisheriesand aquatic resources in the Manila Bay.

(6) The PCG, pursuant to Secs. 4 and 6 of PD 979, and the PNP MaritimeGroup, in accordance with Sec. 124 of RA 8550, in coordination with each other,

shall apprehend violators of PD 979, RA 8550, and other existing laws andregulations designed to prevent marine pollution in the Manila Bay.

(7) Pursuant to Secs. 2 and 6-c of EO 513 [46] and the InternationalConvention for the Prevention of Pollution from Ships, the PPA is ordered toimmediately adopt such measures to prevent the discharge and dumping of solidand liquid wastes and other ship-generated wastes into the Manila Bay watersfrom vessels docked at ports and apprehend the violators.

(8) The MMDA, as the lead agency and implementor of programs andprojects for flood control projects and drainage services in Metro Manila, in

coordination with the DPWH, DILG, affected LGUs, PNP Maritime Group,Housing and Urban Development Coordinating Council (HUDCC), and other agencies, shall dismantle and remove all structures, constructions, and other encroachments established or built in violation of RA 7279, and other applicablelaws along the Pasig-Marikina-San Juan Rivers, the NCR (Parañaque-Zapote,Las Piñas) Rivers, the Navotas-Malabon-Tullahan-Tenejeros Rivers, andconnecting waterways and esteros in Metro Manila. The DPWH, as the principalimplementor of programs and projects for flood control services in the rest of thecountry more particularly in Bulacan, Bataan, Pampanga, Cavite, and Laguna, incoordination with the DILG, affected LGUs, PNP Maritime Group, HUDCC, andother concerned government agencies, shall remove and demolish all structures,constructions, and other encroachments built in breach of RA 7279 and other applicable laws along the Meycauayan-Marilao-Obando (Bulacan) Rivers, theTalisay (Bataan) River, the Imus (Cavite) River, the Laguna De Bay, and other rivers, connecting waterways, and esteros that discharge wastewater into theManila Bay.

In addition, the MMDA is ordered to establish, operate, and maintain asanitary landfill, as prescribed by RA 9003, within a period of one (1) year fromfinality of this Decision. On matters within its territorial jurisdiction and inconnection with the discharge of its duties on the maintenance of sanitarylandfills and like undertakings, it is also ordered to cause the apprehension andfiling of the appropriate criminal cases against violators of the respective penalprovisions of RA 9003, Sec. 27 of RA 9275 (the Clean Water Act), and other existing laws on pollution.

(9) The DOH shall, as directed by Art. 76 of PD 1067 and Sec. 8 of RA9275, within one (1) year from finality of this Decision, determine if all licensedseptic and sludge companies have the proper facilities for the treatment anddisposal of fecal sludge and sewage coming from septic tanks. The DOH shall



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give the companies, if found to be non-complying, a reasonable time within whichto set up the necessary facilities under pain of cancellation of its environmentalsanitation clearance.

(10) Pursuant to Sec. 53 of PD 1152, Sec. 118 of RA 8550, and Sec. 56 of

RA 9003, the DepEd shall integrate lessons on pollution prevention, wastemanagement, environmental protection, and like subjects in the school curriculaof all levels to inculcate in the minds and hearts of students and, through them,their parents and friends, the importance of their duty toward achieving andmaintaining a balanced and healthful ecosystem in the Manila Bay and the entirePhilippine archipelago.

(11) The DBM shall consider incorporating an adequate budget in theGeneral Appropriations Act of 2010 and succeeding years to cover the expensesrelating to the cleanup, restoration, and preservation of the water quality of theManila Bay, in line with the country¶s development objective to attain economic

growth in a manner consistent with the protection, preservation, and revival of our marine waters.

(12) The heads of petitioners-agencies MMDA, DENR, DepEd, DOH, DA,DPWH, DBM, PCG, PNP Maritime Group, DILG, and also of MWSS, LWUA, andPPA, in line with the principle of ³continuing mandamus,´ shall, from finality of thisDecision, each submit to the Court a quarterly progressive report of the activitiesundertaken in accordance with this Decision.

D. Philippine Baseline

AN ACT TO AMEND CERTAIN PROVISIONS OF REPUBLIC ACT NO. 3046,AS AMENDED BY REPUBLIC ACT NO. 5466, TO DEFINE THE

ARCHIPELAGIC BASELINES OF THE PHILIPPINES(Enacted into Law on March 10, 2009)

After decades of debate at the legislative and executive fora, RA 9522 onthe Archipelagic Baselines of the Philippines was enacted in March 2009. Thenew baselines law updated RA 5466 by adopting a straight archipelagicbaselines system consistent with Article 47 of the LOSC. RA 9522 further provides that the baselines in the KIG and the Bajo de Masinloc will bedetermined based on the µregime of islands¶ provided under Article 121 of theLOSC.



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Two weeks after RA 9522 was signed into law, a petition for certiorari andprohibition to nullify RA 9522 for being unconstitutional was filed before theSupreme Court of the Philippines. One of central arguments in the petition is thatestablishing archipelagic baselines changes the status of Philippine waters bothlandward and seaward of the baselines, contrary to what is provided in the

Philippine Constitution. There are valid legal arguments for and against therelevant provisions of the RA 9522 in this regard and such positions cannotcoincide; hence it can be expected that any decision taken by the PhilippineSupreme Court will have its legal, economic, political, and policy implications.

The reference made in RA 9522 on the future determination of baselinesaround the Bajo de Masinloc and KIG consistent with Article 121 of the LOSC isbeing questioned because such provision is deemed to weaken the Philippineterritorial claim to such islands. Similarly, it has been posited that the lack of specific provisions on Sabah in the new law is construed as a diminution of thecountry¶s sovereignty over this territory. The provision on the regime of islands in

RA 9522 has further increased tensions with neighboring States with claims inthe South China Sea. In terms of interpreting the relevant provision of RA 9522however, a more critical question lies on the application of Article 121 under theLOSC in determining the baselines of KIG, where some of the islands areoccupied by other States.

Further discussions on the newly passed law are here below:

What is an ³archipelago´? What is an ³archipelagic state´?

An archipelago is a geological definition which refers to a group of islands,including parts of islands, interconnecting waters and other natural featureswhich are so closely interrelated that such islands, waters and other naturalfeatures form an intrinsic geographical, economic and political entity, or whichhistorically have been regarded as such. [Art. 46, par. (b), United NationsConvention on the Law of the Sea (UNCLOS)]

An archipelagic state is a legal definition under Article 46 (par. [a]) of UNCLOSwhich means a State constituted wholly of one or more (mid-ocean) archipelagosand may include other islands.

Why does the Philippines need to establish archipelagic baselines?

Philippine national interests dictate that the country should establish archipelagicbaselines.

The Philippines needs to establish archipelagic baselines mainly 1) for the



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purpose of ensuring the national security and territorial integrity of the more than7,100 islands and waters comprising the Philippine archipelago; and 2) for economic reasons, to enable the Philippines to establish the different maritimezones that the archipelago is entitled under UNCLOS and consequently optimizethe economic potential of the resources ² living and non-living ² found in these

areas.

H ow do the archipelagic baselines ensure the national security and territorial integrity of the Philippine archipelago?

By enclosing all the islands and waters comprising the Philippine archipelagothrough a series of straight archipelagic baselines, the country is able tosegregate the body of water inside the baseline (as archipelagic waters) from thegreater mass of sea outside of that line and thereby assume sovereign rightsover it.

Without the archipelagic baselines, each of the 7,100 islands comprising thePhilippines would generate its own separate territorial sea belt thereby creatingseveral pockets of ³high seas´ in-between the islands. As high seas are subjectto complete freedom of navigation, foreign ships ² commercial or military ² willhave unrestricted, unregulated, unhampered right to navigate in and through thecomposite islands of the archipelago.

By enclosing the archipelago with straight archipelagic baselines, the Philippinesis able to preclude foreign ships from exercising complete freedom of navigationover the archipelagic waters.

H ow do the archipelagic baselines generate economic potentials/benefits for thePhilippines?

Before the Philippines could determine its various maritime zones, it must firstestablish its archipelagic baselines, as it is the starting point from which thebreadth of its territorial sea and other maritime zones are measured.

UNCLOS defines and identifies the various maritime zones that a coastal statewould be entitled. These include the 12 nautical miles (nm) Territorial Sea, the 12nm Contiguous Zone, the 200 nm Exclusive Economic Zone, the 200 nmContinental Shelf, and the Extended Continental Shelf.

By acquiring sovereignty, sovereign rights, or jurisdiction over these maritimezones, the Philippines gains not only a bigger mass of maritime territory (which is5 times more than its land territory or an additional area of about 94 millionhectares), but at the same time acquires the exclusive right to explore, andexploit all the resources ² and their economic potentials ² found in the various



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maritime zones.

Doesn¶t the Philippines have existing baselines under Republic Act (RA) 3046 asamended by RA 5446 from which the different maritime zones could be

projected?

The Philippines does not have archipelagic baselines. It has yet to establish itsarchipelagic baselines.

The baselines being referred to under RA 3046 as amended by RA 5446, strictlyspeaking, are not archipelagic baselines (under UNCLOS) but rather congruouswith or akin to straight baselines under Article 7 of UNCLOS.

The existing straight baselines under RA 3046 as amended by RA 5446 do nothave international recognition. Because these laws were promulgated in the

1960s ² with RA 3046 being enacted on 17 June 1961, and RA 5446 on 18September 1968 ² much earlier than the adoption of UNCLOS in 1982, some of its characteristics and technical features are expectedly inconsistent with therequirements of the Convention.

Therefore, the validity and enforceability of the Philippines baselines under RA3046 and 5446 are doubtful from the perspective of international law. Indeed, thebaselines under these two domestic legislations had been the subject of severalprotests and ³forceful demonstrations´ by other countries.

Is there a difference between ³archipelagic baselines´ and ³straight baselines´?

Yes. As the term suggests, an archipelagic baseline is a baseline system that isappropriate for a geological feature that is classified as mid-ocean archipelago or archipelagic state under Article 46 of UNCLOS.

It is drawn by designating basepoints at the outermost points of the outermostislands of the archipelago and by connecting all these basepoints through aseries of straight baselines.

A straight baseline, on the other hand, is a baseline method that is generallyapplicable to coastal states or continental archipelagos ³where the coastline isdeeply indented and cut into, or if there is a fringe of islands along the coast in itsimmediate vicinity.´

Why is the baseline system under RA 3046 as amended by RA 5446 not internationally recognized?



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The existing Philippine baseline law under RA 3046 as amended by RA 5446 isnot internationally recognized for the following reasons:

1. The baseline segment along Moro Gulf is 140.05 nm in length. This does notconform with Article 47(2) of UNCLOS, which provides that the length of the

baselines should ³not exceed 100 nautical miles´ with the exception ³that up to 3per cent of the total number of baselines enclosing any archipelago may exceedthat length, up to a maximum length of 125 nautical miles.´

2. RA 3046 considers the water inside the Philippine baseline as internal water.However, under UNCLOS, this body of water is classified as archipelagic water.

3. RA 3046 considers the water seaward outside of the baseline up to the limitsof the Treaty of Paris of 1989 (the longest length being 285 nm) as territorialwater. Under UNCLOS, the maximum length that a Coastal State could claim asterritorial water is only up to 12 nm.

Why does the Philippines have to adjust its baseline law with international law or UNCLOS in particular?

There is a need for adjustments because firstly, the Philippines is a member of the family or community of nations, and as such, is subject to the law of nationsor international law which governs inter-state relations. As held by theInternational Court of Justice in the Anglo Norwegian Fisheries Case:

³The delimitation of sea areas has always an international aspect; it cannot bedependent merely upon the will of the coastal state as expressed in its municipallaw. Although it is true that the act of delimitation is necessarily a unilateral act,because only the coastal state is competent to undertake it, the validity of thedelimitation with regard to other States depends upon international law.´

Secondly, the Philippines is a Party-Signatory to UNCLOS and has to abide byits provisions. The Philippines signed the Convention on 10 December 1982, andratified the same on 27 February 1984. The Philippine ratification of theConvention was communicated and deposited with the UN Secretary General.

Further, the Philippines is bound to perform its obligations in the Conventionunder the principle of pacta sunt servanda, which is a fundamental principle of the law of treaties which provides that treaties are binding on the parties andmust be performed in good faith. Article 26 of the Vienna Convention on the Lawof Treaties provides:

³Article 26. Every treaty in force is binding upon the parties to it and must beperformed by them in good faith.´



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As a State-Party to the UNCLOS, the Philippines cannot invoke its domestic lawsin order to escape its obligations under the Convention. Article 27 of the ViennaConvention on the Law of Treaties provides ²

³Article 27. A party may not invoke the provisions of its internal law as justification

for its failure to perform a treaty. This rule is without prejudice to Article 46.´

Thirdly, because the existing baseline law before RA 9522 is not consistent withinternational law, specifically UNCLOS, no country recognizes it.

H ow does the Philippines harmonize its baselines law to conform withinternational law?

One way of harmonizing the Philippine baselines law with UNCLOS is byamending RA 3046 to technically adjust the country¶s existing basepoints and

baselines in accordance with the technical requirements provided for under Article 47 of UNCLOS regarding the drawing of archipelagic baselines. Theestablishment of archipelagic baselines is the starting point for determining thedifferent maritime zones of the Philippines. Therefore, the adjustment of thebaselines under RA 3046 constitutes the first step towards the full harmonizationof Philippine municipal laws with UNCLOS.

Is RA 9522 Constitutional?

Yes. A law is unconstitutional only if it contravenes any portion of theConstitution. The Act does not contravene any provision of the Constitution.Since it in fact adopts the provisions of UNCLOS on territorial sea where themaximum breadth is only 12 nautical miles (nm), which is incongruent with thebreadth of the Philippine territorial sea under the Treaty of Paris, the maximumbreadth of which is, in at least one segment, about 285nm, does it abrogate theTreaty of Paris and therefore and contravenes Article I of the PhilippineConstitution?

To begin with, the Act is limited primarily to the clinical and technical adjustmentsof the baselines per se that were already earlier established under RA 3046 (asamended by RA 5446) to make it conform to the technical requirements of Article47 of UNCLOS on the drawing of archipelagic baselines . The Act does not touchon the definition or redefinition of the character of the waters, much less territorialsea, as provided for under RA 3046 and RA 5446.

Will the exclusion of the Kalayaan Island Group (KIG) and the ScarboroughShoal from the main archipelagic baselines as provided in the law undermine theRP¶s claim over the KIG and the Scarborough Shoal?



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The Act does not undermine nor abandon the country¶s claim over the KIG andthe Scarborough Shoal. As regime of islands, the KIG and the ScarboroughShoal will still remain as part of the country¶s national territory.

Treating the KIG and the Scarborough Shoal as ³regime of islands´ evenreinforces the Philippines sovereignty and claim over these islands as doing sosignifies how the country ³treats what it owns´.

H ow will the archipelagic baselines affect the Philippines¶ sovereignty and claimover Sabah?

It will not affect the Philippines¶ sovereignty and claim over Sabah.

The Act merely seeks to simply and clinically amend RA 3046 and RA 5446 to

conform to the technical prescriptions of the UNCLOS on archipelagic basepointsand baselines.

The Act maintains the ³no-prejudice clause´ as provided for under RA 5446. Theclause reiterates the Philippine dominion and sovereignty over all portions of itsnational territory, which include Sabah.

E. Education

EXECUTIVE ORDER NO 579 dated November 30, 2006

ENCOURAGING THE FORMULATION AND IMPLEMENTATION OF GREEN PHILIPPINESPROGRAMS THROUGH THE NATIONAL SERVICE TRAINING PROGRAM (NSTP)

This EO encourages the formulation and implementation of green Philippinesprograms thru the NATIONAL SERVICE TRAINING PROGRAM (NSTP) The NationalService Training Program (NSTP). The Philippines being composed mostly of the young,those under 30 years old who make up sixty-five (65%) percent of the population

It endeavors to build a new quality of life that will keep the nation young andbeautiful. In order to ensure its realization, all students under NSTP, Reserve Officers'Training Corps (ROTC), Literacy Training Services (LTS), and Civic Welfare Training Service(CWTS), shall be involved in Green Philippines Activities which include among others:

a) Taking back forests and replenishing fallen trees with new, protected forests;

b) Beautifying barangays and cities;

c) Building more urban parks and recreation areas;

d) Purifying of water;



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e) Cleaning up industrial sites;

At least 36 hours per semester or 72 hours in case of one summer program shall bededicated for the implementation of the above activities . The Chair of the Commission onHigher Education (CHED) shall act as the Lead Implementor of this Order, assisted by theChair of the National Youth Commission (NYC).



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Long-Term Programs and Projects

1.The Ginintuang Masaganang Ani for Fisheries Program, is designed toprovide national directions and framework to develop and manage the country¶s fisheriesresources for food security and ensures socio-economic upliftment of subsistencefisherfolk. Development efforts will focus on the expansion and revitalization of productivity programs and provision of support activities through appropriate technology,research, extension and adequate financial and marketing assistance. On the other hand, management efforts will cover the conservation, protection and sustainedmanagement of the country¶s fishery and aquatic resources to ensure its long-termsustainability.

2. The Philippine Coast Guard has acquired 2 new ships from Australia, theBRP San Juan, and 5 patrol boats coming from Spain . Of its current assests,composed of four ships, nine environmental watercrafts, two aircrafts and 18 smallcrafts, some needed major repairs, lending a handicap to its security operations andpromotion of safety of life at sea.

Many maritime industry leaders and observers note that the huge cut in PCG'sbudget this year will significantly affect its deployment and readiness in its mandatedrole. In part, any of its sidelined equipment and facilities were not given allocation for repair and replacement of needed parts.

In responding to emergency situations, the PCG can only use the BRP San Juanand BRP Corregidor. However, the latter is limited only to undertake short-rangemissions.

In spite of these constraints, however, PCG was able to undertake many of its tasks,many of which are geared towards enhancement in responding to maritime

emergencies, prevention of maritime accidents, protection and sustainable use of marineresources, suppression of marine violations in protecting the state¶s marine resources

3. Laguna Lake as a source of potable water

Laguna Lake is being tapped as the next drinking water source of Metro Manila.

An American firm, Pall Corporation has already initiated its treatment plant andservice could commence for customers in Barangays Putatan, Ayala Alabang, Poblacionand Tunasan, in Muntinlupa.

4. Rehabilitation of the Pasig River

The rehabilitation of the Pasig River has been ongoing and various governmentsectors had been participating.

5. Re-greening of La Mesa Dam Water Reservoir

Planting of trees for in and around La Mesa Dam to protect its watershed .



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6. Conservation of Philippine Marine Resources as part of the CoralTriangle

Encouragement for the Involvement of various non-government agencies andenvironmentalists when the world took notice that the Philippines was judged as the

one of the best among the world¶s marine ecosystem.

lnr report final

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