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; chanroblesvirtualawlibrary
WHEREAS, such a zone is now a recognized principle of international law;chanroblesvirtualawlibrary
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:cralaw:red
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
established herein the following; chanroblesvirtualawlibrary
a. Sovereignty rights for the purpose of exploration
and 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;chanroblesvirtualawlibrary
b. Exclusive rights and jurisdiction with respect to
the establishment and utilization of artificial islands, off-shore
terminals, installations and structures, the preservation of the marine
environment, including the prevention and control of pollution, and
scientific research;chanroblesvirtualawlibrary
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 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:cralaw:red
a. explore or exploit any resources;chanroblesvirtualawlibrary
b. carry out any search, excavation or drilling
operations;chanroblesvirtualawlibrary
c. conduct any research;chanroblesvirtualawlibrary
d. construct, maintain or operate any artificial
island, off-shore 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
laying of submarine cables and pipelines, and other internationally
lawful uses of the sea relating to navigation and communications.
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
approved by the President shall be subject to a fine which shall not be
less than two thousand pesos (P2,000.00) nor be more 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.
Section 6. This Decree shall take effect thirty (30)
days after publication in the Official Gazette.
Done in the City of Manila,
this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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