Title
Amending RA 3046 to Define Philippine Baselines
Law
Republic Act No. 9522
Decision Date
Mar 10, 2009
Republic Act No. 9522 amends previous laws to define the archipelagic baselines of the Philippines, affirming its sovereignty over specific maritime areas, including the Kalayaan Island Group and Bajo de Masinloc, while mandating the production of official maps and charts for these baselines.

Legal basis and prior law

  • Section 1 amends 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.
  • Section 2 requires the baseline determination in certain areas to be treated as a “Regime of Islands” consistent with Article 121 of UNCLOS.
  • Section 3 affirms Philippine dominion, sovereignty, and jurisdiction over national territory as defined in the Constitution and applicable laws including Republic Act No. 7160 (Local Government Code of 1991), as amended.
  • Section 8 amends or modifies Republic Act No. 3046 (as amended by Republic Act No. 5446) and all laws, decrees, executive orders, rules, and issuances inconsistent with Republic Act No. 9522.

Policy affirmation of sovereignty

  • Section 3 affirms that the Republic of the Philippines has dominion, sovereignty and jurisdiction over all portions of national territory as defined in the Constitution and applicable laws.
  • Section 3 expressly includes coverage of national territory defined by applicable laws, including Republic Act No. 7160.

Archipelagic baseline definition

  • Section 1 defines and describes the baselines of the Philippines archipelago through a basepoint-by-basepoint list.
  • Section 1 uses the World Geodetic System of 1984 (WGS 84) coordinates for each basepoint, listing Basepoint Number, Station Name, Location, WGS 84 Coordinates (Latitude (N) and Longitude (E)), and Distance to next basepoint (M).
  • Section 1 establishes basepoints identified from Basepoint Number 1 (PAB-01) through Basepoint Number 101 (PAB-84), each with specified station names, locations, WGS 84 latitude/longitude, and distances to the next basepoint.
  • Section 1 includes the following basepoint entries (among others) using WGS 84 coordinates and specified distances: PAB-01 (Basepoint 1) at 21A6'57.73" N, 121A57'27.71" E with 70.08 M to the next basepoint; PAB-02 (Basepoint 2) at 19A57'38.19" N, 122A9'46.32" E with 99.17 M; and PAB-84 (Basepoint 101) at 21A7'18.41" N, 121A56'48.79" E with 0.25 M to the next basepoint.

Baselines for specific areas (Regime of Islands)

  • Section 2 requires the baseline in the following areas—over which the Philippines exercises sovereignty and jurisdiction—to be determined as a “Regime of Islands” consistent with Article 121 of UNCLOS:
    • The Kalayaan Island Group as constituted under Presidential Decree No. 1596; and
    • Bajo de Masinloc, also known as Scarborough Shoal.

International deposit and registration

  • Section 4 requires that the act, together with the geographic coordinates and the chart and maps indicating the baselines, be deposited and registered with the Secretary General of the United Nations.

Mapping and publication by NAMRIA

  • Section 5 designates the National Mapping and Resource Information Authority (NAMRIA) to produce and publish charts and maps.
  • Section 5 requires the charts and maps to be on the appropriate scale.
  • Section 5 requires the charts and maps to clearly represent the delineation of basepoints and baselines set forth in Republic Act No. 9522.

Funding requirement

  • Section 6 provides that the amount necessary to carry out the provisions of Republic Act No. 9522 shall be provided in a supplemental budget or included in the General Appropriations Act of the year of its enactment into law.

Separability and continuation of valid provisions

  • Section 7 provides separability: if any portion or provision is declared unconstitutional or invalid, the other portions or provisions not affected continue in full force and effect.

Amendatory and inconsistency clause

  • Section 8 amends or modifies Republic Act No. 3046, as amended by Republic Act No. 5446, and amends or modifies all other laws, decrees, executive orders, rules and issuances inconsistent with Republic Act No. 9522.

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