Philippine Fisheries Code
achipelagic waters, territorial waters, or the contiguous zone of the
Sovereignty of the coastal State is the same as that of the sovereignty over the land.
Territorial Sea
 12 nm from the baseline-
 jurisdiction and right of innocent passage
Contiguous zone
 24 nm from the baseline
 Jurisdiction: the Coastal State may exercise control necessary for:
1. the prevention of infringement of the customs, fiscal,
immigration or sanitary laws and regulations within its territory or
territorial sea; and
2. punish infringement of the of the above laws and regulations
committed within its territory or territorial sea.
The contiguous zone may not extend beyond 24 nm from the baseline from which
the ____ of territorial sea is measured.
Beyond territorial sea, class, high seas. Not subject to the sovereignty of the Coastal
State. Pag High Seas na yan.
Exclusive Economic Zone
 200nm from the baseline.
Dati, all waters beyond the contiguous zone are considered as high seas over which,
the State has no jurisdiction or control. Ngayon, meron na tayong EEZ.
The EEZ is an area, extending not more than 200nm beyond the baseline. The Coastal
State has rights over the economic resources of the sea, economic rights of the sea,
seabed, and subsoil but the right does not affect the right navigation and overflight
of other States.
The Coastal State has rights over the economic resources of the sea, the seabed and
subsoil. But class, it is not only right, but also there is an imposition of obligations on
the part of the Coastal State relative to the exploitation, exploration, and
management of the resources found within the zone. Hindi lang sya puro rights na
maka-exploit ka, Meron din silang tinatawag na maximum sustainable yield. Merong
product na pwede nilang ma-exploit sa EEZ. It is not only rights, but the law impose
also obligations on the part of the Coastal State.
What are the 2 primary obligations?
1. they must ensure through a proper conservation and management beyond
measures that the living resources found in the economic zone are not
subjected to overexploitation. The Coastal State should ensure that there
is no over exploitation. This includes the duty to maintain and restore
population of harvested fisheries at levels of its produce in maximum
sustainable yield.
2. They must promote the objective of optimum utilization of the living
resources. Hence, they should determine the allowable catch of living
resources. Please take note that they must promote the optimum
utilization. If the Coastal State does not have the capacity to harvest the
allowable catch , it must grant the access to other States.
High Seas
 all parts of the sea that are not included in the territorial sea or the internal
waters of sea. Beyond territorial sea, that is considered as high seas.
 The high seas are subject to six freedoms.
1. navigation;
2. Overflight
3. Fishing
4. Freedom to lay submarine cables and pipelines
5. Scientific Research
Hot pursuit.
Hot pursuit of a foreign vessel is allowed in high seas if that foreign vessel is believed
to have violated laws or regulations of the Coastal State. BUT the hot pursuit must
NAT RES: PHILIPPINE FISHERIES CODE TSN
commence when the foreign vessel is within the internal waters,
pursuing State. Of course, it may continue into the seas if the pursuit has
not been interrupted. But if interrupted, hindi na pwede sa high seas.
If the foreign ship is in the contiguous zone, it may be pursued only for
violation of rights of the Coastal State in the contiguous zone. Pag nandun
sya sa contiguous zone, hindi interrupted, pwede sya ipursue ng Coastal
State so long as ang ippursue lang ng Coastal State is only rights
pertaining to violations of the rights in the contiguous zone.
The right of hot pursuit also applies to vaolations of applicable laws and
regulations of the Coastal State in the EEZ or the continental shelf ,
including the safety zones on the shelf. The hot pursuit must stop if the
foreign vessel enters his own State or a third State.
The sovereignty of the Coastal State over its territorial sea, and the
airspace of it as well as the seabed is the same as that of the sovereignty
over its land territory. However, the sea is subject to the right of innocent
passage by other States. The rule on Innocent passage shall apply to
ships and aircraft, submarines over mass surface (dapat nasa surface).
What is Innocent passage?
Innocent passage is a passage that is not prejudicial to the peace, good
order, and security of the Coastal State.
In internal waters, the right to innocent passage cannot be invoked. But of
course, some of the commentaries said that they can still subject to
regulations yung kanilang courts but, as a general rule, the right of
innocent passage will not apply. It will only apply in territorial sea. And of
course this passage should not prejudice the peace, good order, and
security of the Coastal State.
Pano mo masasabing prejudicial sya, hence right of innocent passage
will not apply?
If yung foreign vessel or yung other Coastal State merong weapons of any
kind, destructive weapons, collecting information to the prejudice of the
Coastal State,_____, landing, or taking on board any military device , any
act of willful or serious collusion , and any other activity not having a
direct bearing on passage, or any threat or use of force against the
sovereignty, territorial integrity, or political independence of the Coastal
State. If those are present, right of innocent passage will not lie.
Coastal States have the unilateral right to verify the innocent passage or
character of passage and may necessary steps to prevent the said
passage. So, the Coastal State has the sole right to determine whether the
passage is innocent or not, whether that right may be invoked or not.
Will right of innocent passage apply in the internal waters?
No, but the Coastal State my regulate it.
Will right of innocent passage apply in the territorial sea?
Yes.
Does the hot pursuit apply if the foreign vessel is in the contiguous zone ,
but was interrupted?No.
Does hot pursuit apply if the foreign vessel is already on the third State?
No.
If nasa own State? No.
Internal Waters? Yes
Archipelagic? Yes
Contiguous, not interrupted, and then related yung violation sa ano…?
Yes.
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