thence along the one hundred and eighteenth (118th) degree

meridian of longitude east of Greenwich to the point of

TREATY OF PARIS (1898)

beginning. The United States will pay to Spain the sum of

Article III

twenty million dollars ($20,000,000) within three months

Spain cedes to the United States the archipelago known as the

Philippine Islands, and comprehending the islands lying
within

the

following

line:

A line running from west to east along or near the twentieth

parallel of north latitude, and through the middle of the
navigable channel of Bachi, from the one hundred and
eighteenth (118th) to the one hundred and twenty-seventh
(127th) degree meridian of longitude east of Greenwich,
thence along the one hundred and twenty seventh (127th)
degree meridian of longitude east of Greenwich to the parallel
of four degrees and forty five minutes (4 [degree symbol] 45'])
north latitude, thence along the parallel of four degrees and
forty five minutes (4 [degree symbol] 45') north latitude to its
intersection with the meridian of longitude one hundred and
nineteen degrees and thirty five minutes (119 [degree symbol]
35') east of Greenwich, thence along the meridian of longitude
one hundred and nineteen degrees and thirty five minutes
(119 [degree symbol] 35') east of Greenwich to the parallel of
latitude seven degrees and forty minutes (7 [degree symbol]
40') north, thence along the parallel of latitude of seven
degrees and forty minutes (7 [degree symbol] 40') north to its
intersection with the one hundred and sixteenth (116th)
degree meridian of longitude east of Greenwich, thence by a
direct line to the intersection of the tenth (10th) degree
parallel of north latitude with the one hundred and eighteenth
(118th) degree meridian of longitude east of Greenwich, and

after the exchange of the ratifications of the present treaty.

TREATY OF WASHINGTON (1900)
SOLE ARTICLE
Spain relinquishes to the United States all title and claim of
title, which she may have had at the time of the conclusion of
the Treaty of Peace of Paris, to any and all islands belonging to
the Philippine Archipelago, lying outside the lines described in
Article III of that Treaty and particularly to the islands of
Cagayan, Sulu and Sibutu and their dependencies, and agrees
that all such islands shall be comprehended in the cession of
the Archipelago as fully as if they had been expressly included
within those lines.

The United States, in consideration of this relinquishment, will

pay to Spain the sum of one hundred thousand dollars
($100,000) within six months after the exchange of the
ratifications of the present treaty.

The present treaty shall be ratified by the President of the

United States, by and with the advice and consent of the Senate
thereof, and by Her Majesty the Queen Regent of Spain, after
approval by the Cortes of the Kingdom, and the ratifications
shall be exchanged at Washington as soon as possible.

The Convention Between the United States and Great Britain

necessary appurtenances of the land territory, forming part of

(1930) was an agreement between the governments the

the inland or internal waters of the Philippines;

United Kingdom and the United States to definitely delimit the

boundary between North Borneo (then a British protectorate)

WHEREAS, all the waters beyond the outermost islands of the

and the Philippine archipelago (then a U.S. Territory).

archipelago but within the limits of the boundaries set forth in

the aforementioned treaties comprise the territorial sea of the

REPUBLIC ACT No. 3046

AN ACT DEFINE THE BASELINES OF THE TERRITORIAL SEA OF
THE PHILIPPINES.

WHEREAS, the Constitution of the Philippines describes the

national territory as comprising all the territory ceded to the
United States by the Treaty of Paris concluded between the
United States and Spain on December 10, 1898, the limits of
which are set forth in Article III of said treaty, together with
all the islands embraced in the treaty concluded at
Washington, between the United States and Spain on
November 7, 1900, and in the treaty concluded between the
United States and Great Britain on January 2, 1930, and all the

Philippines;

WHEREAS, the baselines from which the territorial sea of the

Philippines is determined consist of straight lines joining
appropriate points of the outermost islands of the archipelago;
and
WHEREAS, the said baselines should be clarified and
specifically defined and described for the information of all
concerned
Section 1 table
Section 2. All waters within the baselines provided for in
Section one hereof are considered inland or internal waters of
the Philippines.

territory over which the Government of the Philippine Islands

exercised jurisdiction at the time of the adoption of the
Constitution;

Republic Act No. 5446

AN ACT TO AMEND SECTION ONE OF REPUBLIC ACT
NUMBERED THIRTY HUNDRED AND FORTY-SIX, ENTITLED
"AN ACT TO DEFINE THE BASELINES OF THE TERRITORIAL

WHEREAS, all the waters within the limits set forth in the
above-mentioned treaties have always been regarded as part
of the territory of the Philippine Islands;

WHEREAS, all the waters around, between and connecting the

various islands of the Philippines archipelago, irrespective of
their width or dimension, have always been considered as

SEA OF THE PHILIPPINES"

Section 1. To correct typographical errors, Section one of

Republic Act numbered thirty hundred and forty-six is
amended . table
Section 2. The definition of the baselines of the territorial sea
of the Philippine Archipelago as provided in this Act is without
prejudice to the delineation of the baselines of the territorial

sea around the territory of Sabah, situated in North Borneo,

over which the Republic of the Philippines has acquired
dominion and sovereignty.

SECTION 1. The area within the following boundaries:

KALAYAAN ISLAND GROUP
From a point [on the Philippine Treaty Limits] at latitude 740
North and longitude 11600 East of Greenwich, thence due
West along the parallel of 7 40 N to its intersection with the

PRESIDENTIAL DECREE NO.1596

DECLARING CERTAIN AREA PART OF THE PHILIPPINE
TERRITORY AND PROVIDING FOR THEIR GOVERNMENT

meridian of longitude 11210 E, thence due north along the

meridian of 11210 E to its intersection with the parallel of
900 N, thence northeastward to the inter-section of the

AND ADMINISTRATION.

parallel of 1200 N with the meridian of longitude 114 30

WHEREAS, by reason of their proximity the cluster of islands

intersection with the meridian of 11800 E, thence, due South

E, thence, due East along the parallel of 1200 N to its

and islets in the South China Sea situated within the following:

along the meridian of longitude 118 00 E to its intersection

KALAYAAN ISLAND GROUP

point of beginning at 740 N, latitude and 116 00 E

From a point [on the Philippine Treaty Limits] at latitude 740

North and longitude 11600 East of Greenwich, thence due
West along the parallel of 740 N to its intersection with the
meridian of longitude 11210 E, thence due north along the
meridian of 11210 E to its intersection with the parallel of
900 N, thence northeastward to the intersection of the
parallel of 1200 N with the meridian of longitude 114 30
E, thence, due East along the parallel of 1200 N to its
intersection with the meridian of 118 00 E, thence, due South
along the meridian of longitude 11800 E to its intersection
with the parallel of 1000 N, thence Southwestwards to the
point of beginning at 740 N, latitude and 116 00 E

with the parallel of 1000 N, thence Southwestwards to the

longitude; including the sea-bed, sub-soil, continental margin
and air space shall belong and be subject to the sovereignty of
the Philippines. Such area is hereby constituted as a distinct
and separate municipality of the Province of Palawan and shall
be known as Kalayaan.
SEC. 2. Pending the election of its regular officials and during
the period of emergency declared in Proclamation No. 1081,
and unless earlier provided by law, the administration and
government of the area shall be vested in the Secretary
National Defense or in such officers of the Armed Forces of the
Philippines as may designate.

longitude are vital to the security and economic survival of the

Philippines;
WHEREAS, much of the above area is part of the continental
margin of the Philippine archipelago;
WHEREAS, these areas do not legally belong to any state or
nation but, by reason of history, indispensable need, and
effective occupation and control established in accordance
with international law, such areas must now be deemed to
belong and subject to the sovereignty of the Philippines;
WHEREAS, while other states have laid claims to some of these
areas, their claims have lapsed by abandonment and can not
prevail over that of the Philippines on legal, historical, and
equitable grounds.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of
the Philippines, by virtue of the powers in me vested by the
Constitution, do hereby decree as follows:

PRESIDENTIAL DECREE No. 1599

ESTABLISHING AN EXCLUSIVE ECONOMIC ZONE AND FOR
OTHER PURPOSES

WHEREAS, an exclusive economic zone extending to a

distance of two hundred nautical miles from the baselines
from which the territorial sea is measured is vital to the
economic survival and development of the Republic of the
Philippines;

WHEREAS, such a zone is now a recognized principle of

international law;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of

the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby decree and order:

Section 1. There is hereby established a zone to be known as

the exclusive economic zone of the Philippines. The exclusive
economic zone shall extend to a distance of two hundred
nautical miles beyond and from the baselines from which the
territorial sea is measured: Provided, That, where the outer
limits of the zone as thus determined overlap the exclusive
economic zone of an adjacent or neighboring state, the
common boundaries shall be determined by agreement with
the state concerned or in accordance with pertinent generally
recognized principles of international law on delimitation.

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

(d) construct, maintain or operate any artificial island, offshore 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.

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.

Section 4. Other states shall enjoy in the exclusive economic

zone freedoms with respect to navigation and overflight, the

established herein the following;

laying of submarine cables and pipelines, and other

(a) Sovereignty rights for the purpose of exploration and

and communications.

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;

(b) Exclusive rights and jurisdiction with respect to the

internationally lawful uses of the sea relating to navigation

Section 5. (a) The President may authorize the appropriate

government office/agency to make and promulgate such rules
and regulations which may be deemed proper and necessary
for carrying out the purposes of this degree.

(b) Any person who shall violate any provision of this decree
or of any rule or regulation promulgated hereunder and

establishment and utilization of artificial islands, off-shore

approved by the President shall be subject to a fine which shall

terminals, installations and structures, the preservation of the

not be less than two thousand pesos (P2,000.00) nor be more

marine environment, including the prevention and control of

pollution, and scientific research;

(c) Such other rights as are recognized by international law or

state practice.

Section 3. Except in accordance with the terms of any

agreement entered into with the Republic of the Philippines or

than

one hundred thousand pesos

(100,000.00)

or

imprisonment ranging from six (6) months to ten (10) years,

or both such 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.

of any license granted by it or under authority by the Republic

of the Philippines, no person shall, in relation to the exclusive
economic zone:

(a) explore or exploit any resources;

(b) carry out any search, excavation or drilling operations:
(c) conduct any research;

Republic Act 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

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

decrees, executive orders, rules and issuances inconsistent

to Define the Baselines of the Territorial Sea of the Philippines",

with this Act are hereby amended or modified accordingly.

as amended by Section 1 of Republic Act No. 5446, is hereby

amended (table).
Section 2. The baseline in the following areas over which the
Philippines likewise exercises sovereignty and jurisdiction

United Nations Conference on the Law of the Sea

The convention introduced a number of provisions. The most
significant issues covered were setting limits, navigation,

shall be determined as "Regime of Islands" under the Republic

archipelagic status and transit regimes, exclusive economic

of the Philippines consistent with Article 121 of the United

zones (EEZs), continental shelf jurisdiction, deep seabed

Nations Convention on the Law of the Sea (UNCLOS):

a) The Kalayaan Island Group as constituted under Presidential

mining, the exploitation regime, protection of the marine

Decree No. 1596; and

environment, scientific research, and settlement of disputes.

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

The convention set the limit of various areas, measured from a

carefully defined baseline. (Normally, a sea baseline follows
the low-water line, but when the coastline is deeply indented,
has fringing islands or is highly unstable, straight baselines
may be used.) The areas are as follows:

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 budget 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.

Internal waters - Covers all water and waterways on the

landward side of the baseline. The coastal state is free to set
laws, regulate use, and use any resource. Foreign vessels have
no right of passage within internal waters.
Territorial waters - Out to 12 nautical miles (22 kilometres;
14 miles) from the baseline, the coastal state is free to set laws,
regulate use, and use any resource. Vessels were given the
right of innocent passage through any territorial waters, with
strategic straits allowing the passage of military craft as transit
passage, in that naval vessels are allowed to maintain postures
that would be illegal in territorial waters. "Innocent passage" is
defined by the convention as passing through waters in an
expeditious and continuous manner, which is not "prejudicial
to the peace, good order or the security" of the coastal state.
Fishing, polluting, weapons practice, and spying are not
"innocent", and submarines and other underwater vehicles are
required to navigate on the surface and to show their flag.
Nations can also temporarily suspend innocent passage in
specific areas of their territorial seas, if doing so is essential for
the protection of its security.

Section 8. The provisions of Republic Act No. 3046, as

amended by Republic Act No. 5446, and all other laws,

Archipelagic waters - The convention set the definition of

Archipelagic States in Part IV, which also defines how the state
can draw its territorial borders. A baseline is drawn between
the outermost points of the outermost islands, subject to these

points being sufficiently close to one another. All waters inside

this baseline are designated Archipelagic Waters. The state has

Aside from its provisions defining ocean boundaries, the

convention establishes general obligations for safeguarding

full sovereignty over these waters (like internal waters), but

the marine environment and protecting freedom of scientific

foreign vessels have right of innocent passage through

research on the high seas, and also creates an innovative legal

archipelagic waters (like territorial waters).

regime for controlling mineral resource exploitation in deep

seabed areas beyond national jurisdiction, through an

Contiguous zone - Beyond the 12-nautical-mile (22 km) limit,

there is a further 12 nautical miles (22 km) from the territorial
sea baseline limit, the contiguous zone, in which a state can
continue to enforce laws in four specific areas: customs,
taxation, immigration and pollution, if the infringement
started within the state's territory or territorial waters, or if this
infringement is about to occur within the state's territory or
territorial waters.[6] This makes the contiguous zone a hot
pursuit area.
Exclusive economic zones (EEZs) - These extend from the edge
of the territorial sea out to 200 nautical miles (370 kilometres;
230 miles) from the baseline. Within this area, the coastal
nation has sole exploitation rights over all natural resources.
In casual use, the term may include the territorial sea and even
the continental shelf. The EEZs were introduced to halt the
increasingly heated clashes over fishing rights, although oil
was also becoming important. The success of an offshore oil
platform in the Gulf of Mexico in 1947 was soon repeated
elsewhere in the world, and by 1970 it was technically feasible
to operate in waters 4000 metres deep. Foreign nations have
the freedom of navigation and overflight, subject to the
regulation of the coastal states. Foreign states may also lay
submarine pipes and cables.
Continental shelf - The continental shelf is defined as the
natural prolongation of the land territory to the continental
margins outer edge, or 200 nautical miles (370 km) from the
coastal state's baseline, whichever is greater. A state's
continental shelf may exceed 200 nautical miles (370 km)
until the natural prolongation ends. However, it may never
exceed 350 nautical miles (650 kilometres; 400 miles) from
the baseline; or it may never exceed 100 nautical miles (190
kilometres; 120 miles) beyond the 2,500 meter isobath (the
line connecting the depth of 2,500 meters). Coastal states have
the right to harvest mineral and non-living material in the
subsoil of its continental shelf, to the exclusion of others.
Coastal states also have exclusive control over living resources
"attached" to the continental shelf, but not to creatures living
in the water column beyond the exclusive economic zone.

International Seabed Authority and the Common heritage of

mankind principle.[7]

Landlocked states are given a right of access to and from the

sea, without taxation of traffic through transit states.[8]