Legal basis, policy, and governing purpose
- The Order is promulgated pursuant to Article 1 on National Territory of the 1987 Constitution, Presidential Decree No. 1599 (June 11, 1978), Section 123 of Republic Act No. 8550 (Philippine Fisheries Code of 1998), and Executive Order No. 192 (June 10, 1987).
- The State policy is to protect the rights of the people, especially local communities with priority to marginal fisherfolks, in the preferential use of municipal waters (Section 1).
- Delineation/delimitation is required to define the geographic extent of a city’s/municipality’s taxation or revenue-generating powers, law enforcement jurisdiction, resource allocation, and general management powers (Section 1).
Key definitions for delineation work
- Adjacent municipalities are coastal municipalities sharing a common land boundary point on the coast.
- Archipelago means a group of islands (including parts of islands) with interconnecting waters and other natural features forming an intrinsic geographical, economic, and political entity, or historically regarded as such.
- Awash means flush with or washed by waves.
- Baseline is the line from which the outer limits of municipal waters are projected.
- Basepoint is a point on land from which baselines are drawn.
- Cay is a low, fiat island of sand, coral, or other material which is awash or dries during low water.
- Coast is the edge or margin of land next to the sea.
- Coastal terminal point is a boundary point on the coast, common to two adjacent municipalities.
- Construction line is a temporary drawing line used in determining a final line (e.g., a boundary line, or points used to determine that final line).
- Delimitation is the determination of municipal water boundaries between adjacent or opposite municipalities where their municipal waters overlap.
- Delineation is the determination of the outer limits of the municipal waters of a municipality.
- General coastline of the municipality refers to the coastline of the mainland and offshore and/or fringing islands of the municipality.
- High water or high tide is the highest level reached by water surface on one oscillation.
- Island is naturally formed land surrounded by water, and where the island is surrounded by the sea, it must always be above water at high tide.
- Lateral boundary is the municipal water boundary between two adjacent municipalities.
- Low water or low tide is the lowest level reached by water surface in one oscillation.
- Low water line or tow mater mark is the intersection of the plane of low water with the shore; the line along a coast/beach to which the sea recedes at low water.
- Mainland of the city or municipality is the land area within which the municipal capitol is located.
- Median line or equidistance line is a line every point of which is equidistant from the nearest points on the coasts of two municipalities.
- Municipal archipelagic baseline is a baseline used when the municipality is composed of islands or has offshore and/or fringing islands.
- Normal baseline is the baseline described by a municipality’s coastline where the coastline is relatively smooth and simple and there are no outlying/fringing islands, reefs, rocks, pinnacles, or other abutting features.
- Opposite municipalities are municipalities not sharing land boundaries but having coastlines facing each other and less than thirty (30) kilometers apart.
- Pinnacle rock is a sharp pointed rock rising from the bottom, which may extend above the surface of the water.
- Reef is a mass of rock or coral reaching close to the sea surface or exposed at low tide.
- Rock is a formation of natural origin constituting an integral part of the lithosphere, which may or may not always be above high tide.
- Rock awash is rock awash according to chart datum (usually low water).
- Sandbar is a shallow portion of the coast largely made of loose sand near the surface of the water.
- Shoal is an offshore hazard to navigation with a depth often (10) fathoms or (20) meters or less, composed of unconsolidated material except coral or rock.
- Straight baseline is used when the coastline is deeply indented or cut into.
- Tidal water is any water whose level changes periodically due to tidal action.
Coverage: municipal waters and exclusions
- The Order covers all municipal waters as defined by Section 4 (58) of Republic Act No. 8550.
- Coverage includes streams, lakes, inland bodies of water, and tidal waters within the municipality that are not included within protected areas under Republic Act No. 7586 (NIPAS Law) and that are not within public forest, timber lands, forest reserves, or fishery reserves (Section 3).
- Coverage includes marine waters included between:
- two (2) lines drawn perpendicular to the general coastline from points where the municipality boundary lines touch the sea at low tide, and
- a third line parallel with the general coastline, including offshore islands and fifteen (15) kilometers from such coastline (Section 3).
- Where two (2) municipalities are on opposite shores with less than thirty (30) kilometers of marine waters between them, the third line must be equally distant from the opposite shores of the respective municipalities (Section 3).
- Nothing prevents special agencies or offices from exercising jurisdiction over municipal waters by virtue of special laws, including Laguna Lake Development Authority and Palawan Council for Sustainable Development, pursuant to Section 17 of Republic Act No. 8550 (Section 3).
Roles and responsibilities of agencies
DENR serves as the mother agency and oversees activities conducted by NAMRIA (Section 4(A)(1)).
DENR provides the implementation mechanism for the delineation/delimitation process (Section 4(A)(2)).
DENR provides assistance/support and participates in public hearings through its filed offices, units, agencies, programs, and projects (Section 4(A)(3)).
NAMRIA delineates or delimits municipal water boundaries on maps/charts of appropriate scale as requested by local government units (Section 4(B)(1)).
NAMRIA provides local government units the proposed maps and technical descriptions before the conduct of the public hearing (Section 4(B)(2)).
NAMRIA approves maps, charts, and technical descriptions resulting from delineation/delimitation (Section 4(B)(3)).
NAMRIA participates in public hearings/consultations, and takes note of comments, inputs, suggestions, reactions, or objections (Section 4(B)(4)).
NAMRIA revises maps/charts/technical descriptions as a result of the public hearing (Section 4(B)(5)).
NAMRIA approves an official copy of maps/charts/technical descriptions and provides approved maps to the concerned municipality/city (Section 4(B)(6)).
NAMRIA provides technical assistance relevant to delineation and delimitation (Section 4(B)(7)).
NAMRIA acts as the repository of all technical descriptions and corresponding original maps/charts of all municipal waters (Section 4(B)(8)).
NAMRIA conducts actual verification of boundary limits as required (Section 4(B)(9)).
Local government units must request NAMRIA to delineate/delimit municipal waters (Section 4(C)(1)).
Local government units must conduct public hearings and consultations for the proposed delineation/delimitation (Section 4(C)(2)).
Local government units must settle disputes with adjacent or opposite municipalities arising from delineation/delimitation through the Sangguniang Bayan/Panglungsod or Panlalawigan or an appropriate body (Section 4(C)(3)).
Local government units must enact ordinances setting forth the extent of municipal waters by incorporating maps/charts and technical descriptions (Section 4(C)(4)).
Other agencies/entities involved in management and development of municipal waters must assist in delineation/delimitation and must provide information (maps, technical descriptions, etc.) for areas under their administrative jurisdiction (Section 4(D)).
Request initiation and basic technical requirements
Requests for delineation/delimitation must be directed to the Administrator of NAMRIA, through the Director of the Coast and Geodetic Survey Department (Section 5(A)(1)).
A city/municipality may file individually or jointly with other cities/municipalities sharing common boundaries through a resolution of the Sangguniang Panglungsod or Sangguniang Bayan (Section 5(A)(2)(a)).
A province may file on behalf of all its coastal municipalities through a resolution of the Sangguniang Panlalawigan (Section 5(A)(2)(b)).
A national government agency may file on behalf of any city/municipality through a formal letter/request signed by the head of the agency, but only with conformity of affected local government unit/s expressed as a resolution of the concerned Sanggunian attached to the letter/request (Section 5(A)(2)(c)).
NAMRIA must furnish a copy of the resolution/letter/request to:
- DENR Community Environment and Natural Resources Office (CENRO) and/or the relevant DENR Regional Office;
- BFAR;
- any adjacent or opposite municipality affected by delineation/delimitation;
- the Regional Office of the Philippine National Police Maritime Group (PNP-MARIG);
- any special agency with jurisdiction over coastal waters that may be excluded from municipal waters in accordance with the Fisheries Code (e.g., the Protected Area Management Board (PAMB) under the NIPAS Act);
- any affected private parties or sectors the city/municipality deems fit to notify (Section 5(A)(3)).
The filing must include basic technical requirements:
- a list of known or named islands and maps of those islands under the municipality’s jurisdiction; and
- a copy of the legislation/proclamation creating the municipality or city (Section 5(A)(4)).
NAMRIA, through the Director of the Coast and Geodetic Survey Department, must schedule the delineation/delimitation of the municipal waters of the municipality (Section 5(A)(5)).
NAMRIA must furnish a copy of the response to any adjacent or opposite municipality that may be affected (Section 5(A)(6)).
Technical rules for delineation and delimitation
Delineation of municipal waters must follow baseline rules to determine outer limits and the general coastline (Section 5(B)(1)).
Normal baselines apply where the coastline is not deeply indented or cut into and there are no outlying/fringing islands, reefs, or rocks, and the normal baseline is the low water line (Section 5(B)(1)(a)(i)-(ii)).
Under normal baselines, the outer limits are a line parallel to the normal baselines at fifteen (15) kilometers (Section 5(B)(1)(a)(iii)).
Straight baselines apply where the coastline is deeply indented and/or there are outlying/fringing reefs or rocks (Section 5(B)(1)(b)(i)).
Under straight baselines, outermost coastline points may be connected by straight baselines, but the length of each such baseline must not exceed thirty (30) kilometers (Section 5(B)(1)(b)(i)).
Under straight baselines, the general coastline for delineation/delimitation is determined by the straight baselines (Section 5(B)(1)(b)(ii)).
Submerged features during high tide (reefs, rocks, cays, shoals, sandbars, and any other features submerged during high tide) must not be used as basepoints, and must not have their own coastlines (Section 5(B)(1)(b)(iii)).
Under straight baselines, outer limits are determined by a line parallel to the straight baselines at fifteen (15) kilometers (Section 5(B)(1)(b)(iv)).
Municipal archipelagic baselines apply where the municipality includes several islands (Section 5(B)(1)(c)(i)).
Under municipal archipelagic baselines, the outermost points of islands are used and connected by municipal archipelagic baselines, but the length of such baselines must not exceed thirty (30) kilometers (Section 5(B)(1)(c)(i)).
Under municipal archipelagic baselines, the general coastline for delineation/delimitation is determined by the municipal archipelagic baselines (Section 5(B)(1)(c)(ii)).
Islands, isles, or islets located more than thirty (30) kilometers from the municipality mainland must have their own separate coastlines (Section 5(B)(1)(c)(iii)).
Submerged-during-high-tide features must not be used as basepoints for municipal archipelagic baselines and must not have their own coastlines (Section 5(B)(1)(c)(iv)).
Under municipal archipelagic baselines, outer limits must be enclosed by a line parallel to the municipal archipelagic baselines at fifteen (15) kilometers (Section 5(B)(1)(c)(v)).
A combination of normal and straight baselines or normal and municipal archipelagic baselines may be used depending on circumstances and in the interest of simplicity (Section 5(B)(1)(d)).
Delimitation of adjacent municipal waters:
- If the general coastline is not curved/irregularly shaped at the coastal terminal point, the lateral boundary is a line perpendicular to the general coastline at the terminal point (Section 5(B)(2)(a)).
- If perpendicular determination is impossible due to curved/irregular coastline, the lateral boundary may use either simplified bisection or equidistance line, depending on coastline complexity (Section 5(B)(2)(b)).
Simplified bisection method:
- Determine the direction of the general coastline on both sides of the common coastal terminal point and draw short baselines on each side limited to the point where the general coastline changes significantly or veers to another quadrant (Section 5(B)(2)(b)(i.a)).
- Draw perpendicular lines to the coastlines passing through the common terminal point, bisect the angle formed by the two perpendicular lines, and use the bisector as the lateral boundary (Section 5(B)(2)(b)(i.b)).
- The bisector extends to fifteen (15) kilometers if coastlines beyond the short baselines do not longer affect its equidistance; otherwise, it extends only up to a point where the equidistance line method is already applied (Section 5(B)(2)(b)(i.b)).
Equidistance line method:
- Determine the lateral boundary by a line equidistant from the coastlines of adjacent municipalities using the baselines under Section 5(B)(1)(a) through (d) (Section 5(B)(2)(b)(ii)).
Delimitation of opposite municipal waters (when less than thirty (30) kilometers apart) must use the median or equidistance line between their general coastlines using baselines under Section 5(B)(1)(a) through (d) (Section 5(B)(3)).
Three or more overlapping municipalities must use the equidistance line method to determine lateral and offshore boundaries; lateral boundaries usually end at a point common to three or more municipalities at the offshore boundary (Section 5(B)(4)).
Municipal water boundary delimitation prior to Republic Act No. 8550 (1998):
- Where two municipalities actually delimited municipal waters before Republic Act No. 8550 in 1998, their previous delimitation is respected and given effect as far as practicable in light of the Fisheries Code of 1998 and the application of these guidelines to respect prior vested rights (Section 5(B)(5)).
Technical description finality requires local approval:
- The technical description is deemed final only after boundaries are approved by the concerned city/municipality through a final and executory ordinance embodying the same (Section 5(B)(6)).
- Each boundary corner common to two adjacent or opposite municipalities must have exactly the same geographic position (Section 5(B)(6)).
The Order requires:
- Where practicable, the seven (7) fathom depth curve within municipal waters must be clearly indicated on NAMRIA charts (Section 5(B)(7)).
Marine reserves/sanctuaries/special areas:
- If within or overlapping municipal waters there is a marine reserve, sanctuary, or other special area under exclusive jurisdiction of an entity other than the municipality, NAMRIA must obtain clearance from that entity before including the overlapping reserve/sanctuary/special area boundaries to effectively exclude it from computation of municipal water area (Section 5(B)(8)).
- The protected seascape or marine reserve area must be managed by local government according to NIPAS Law mandates and responsibilities (Section 5(B)(8)).
- Nothing prevents the National Government from declaring any portion of municipal waters as Protected Areas or Marine Reserves (Section 5(B)(8)).
Publication, public hearing, and dispute settlement
NAMRIA must submit to the requesting city/municipality a preliminary delineation (and delimitation regarding adjacent or opposite municipalities) shown on maps/charts of appropriate scale and accompanied by a technical description (Section 5(C)(1)).
The preliminary delineation/delimitation must comply with the technical guidelines in Section 5(B) (Section 5(C)(1)).
The requesting city/municipality must:
- publish the map/chart clearly showing delineation/delimitation by posting in prominent places;
- disseminate copies to all component barangays; and
- furnish copies through regular channels to any affected cities/municipalities (Section 5(C)(2)).
The requesting city/municipality must conduct a public hearing and consultation to receive comments, inputs, suggestions, reactions, or objections (Section 5(C)(3)).
NAMRIA must be present at the public hearing to document and consider comments/inputs/reactions/objections (Section 5(C)(3)).
Adjacent or opposite municipalities may jointly hold public hearings for convenience and practicality (Section 5(C)(3)).
Objections to preliminary delineation/delimitation must be made in writing as either a Resolution of the Sangguniang Bayan/Panglungsod concerned or an official letter from the responsible officer/person and must be officially presented at the public hearing (Section 5(C)(4)).
Amicable settlement is allowed subject to compliance:
- Boundary conflicts may be negotiated or mutually agreed on as long as there is substantial compliance with the law; negotiated boundaries must be submitted to NAMRIA for verification (Section 5(C)(4)(a)).
- NAMRIA may provide technical assistance and advice during negotiations (Section 5(C)(4)(a)).
- NAMRIA must certify the delimitation prior to finalization and submission for enactment as an ordinance, and certification must not be denied under normal circumstances (Section 5(C)(4)(a)).
Irreconcilable technical differences:
- If municipalities cannot settle amicably through negotiation and differences are based on proper application of technical rules/guidelines, they must jointly submit the issue to NAMRIA for decision (Section 5(C)(4)(b)).
- NAMRIA must inform the municipalities of its decision within 30 days from submission (Section 5(C)(4)(b)).
Pending disputes in other fora:
- Where at the time of delineation/delimitation, the dispute is pending in another forum on substantial issues beyond technical rule/application (e.g., pending court case on ownership/jurisdiction over islands or other features), NAMRIA may delineate and determine temporary municipal water boundaries without considering contested islands/features if affected municipalities agree (Section 5(C)(4)(c)).
- Temporary delimitation must be subject to the outcome of the dispute as determined by the concerned forum (Section 5(C)(4)(c)).
Revision, ordinance enactment, repository, and certification
After considering public hearing inputs and/or the dispute settlement outcome, NAMRIA must revise the delineation/delimitation and provide official copies of revised maps/charts/technical descriptions to the requesting city/municipality within 30 days from the date of the last public hearing or last meeting under Section 5(C)(1) as applicable (Section 5(D)(1)).
Revised maps/charts/technical descriptions must be duly certified by the NAMRIA Administrator as the final and definitive delineation/delimitation (Section 5(D)(1)).
The requesting city/municipality must enact an ordinance setting forth the extent of municipal waters:
- incorporating NAMRIA-prepared and verified maps/charts/technical descriptions as an integral part of the ordinance; and
- ensuring no amendments are made to the maps/charts/technical descriptions prepared and approved by NAMRIA (Section 5(D)(2)).
Once the ordinance is final and executory, the original copy must be submitted to NAMRIA, and official copies must be provided to:
- affected adjacent or opposite municipalities;
- BFAR;
- the Regional Office of PNP-MARIG;
- any concerned special agency having jurisdiction over coastal waters that may be excluded from municipal waters;
- any affected party or sector the city/municipality deems fit to notify; and
- the DENR field office (Section 5(D)(2)).
NAMRIA must act as repository of all technical descriptions and corresponding maps/charts of all municipal waters and must provide an official copy of such to the municipality concerned (Section 5(D)(3)).
Fees, costs, and transitory application timing
NAMRIA-delivered delineation of municipal waters requires each city/municipality to be charged:
- a service fee of PHP 5,000.00, plus
- PHP 50.00 per kilometer of coastline of the municipality,
- exclusive of field expenses (Section 6).
NAMRIA must charge a verification fee of PHP 5,000.00 wherever applicable (Section 6).
Transitory provision:
- The guidelines are immediately effective for delineating municipal waters in all cities and municipalities.
- Delineation process for cities/municipalities with offshore islands or islets must start six (6) months from the effectivity of the guidelines (Section 7).
Repeal and effectivity implementation
- All orders, rules, and regulations inconsistent with or contrary to the Guidelines are repealed or modified accordingly (Section 8).
- The administrative order takes effect 15 days after publication in a newspaper of general circulation (Section 9).