MUNICIPAL WATERS

Prepared by:
Carl Angelo P. Miraflor
BSGE-4

What is municipal waters?

Municipal waters - include not only streams, lakes,

inland bodies of water and tidal waters within the

municipality , but also marine waters included
between two (2) lines drawn perpendicular to the
general coastline from points where the boundary
lines of the municipality 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. Where two (2) municipalities are
so situated on opposite shores that there is less than
thirty (30) kilometers of marine waters between them,
the third line shall be equally distant from the
opposite shore of the respective municipalities.

Why are municipal waters

important?
One of the declared policies of RA No. 8550
(Philippine Fisheries Code of 1998) is to
protect the rights of fisherfolks, especially in
the preferential use of the municipal waters.

How are municipal waters

determined?
Municipal waters are supposed to be
delineated. Section 123 Charting of
Navigational Lanes and Delineation of
Municipal Waters states that "the
Department shall authorize the National
Mapping and Resource Information Authority
(NAMRIA) for the designation and charting of
navigational lanes in fishery areas and
delineation of municipal waters. The
Philippine Coast Guard shall exercise control
and supervision over such designated
navigational lanes. "

What did the government agencies

do to delineate municipal waters?
In July 1999, NAMRIA drafted the guidelines on
delineation of municipal waters.
A Joint DA-DENR Memorandum Order No. 01,
(2000) was issued by the DA Secretary Edgardo
Angara and DENR Secretary Antonio Cerilles. The
Memorandum Order identifies the areas of
cooperation between the two departments.
On September 14, 2000, then President Joseph
Estrada directed former DA Secretary Angara and
NAMRIA Administrator Fajardo to fast-track the
completion of the guidelines for the delineation of
municipal waters.

What is DAO 17?

DAO 17 lays down the Guidelines on the Delineation of Municipal
Waters. It was issued on June 13, 2001 by former Secretary
Heherson T. Alvarez.

Sections
1.
2.
3.
4.
5.
6.
7.
8.
9.

Basic Policy
Definition of Terms
Coverage
Role & Responsibilities of Agencies
Systems and Procedures
Fees and Costs
Transitory Provision
Repealing Clause
Effectivity

Technical Annex
METHODS/PROCEDURES FOR DELINEATING MUNICIPAL WATERS

Methods/Procedures for Delineating

Municipal Waters

A. USING NORMAL BASELINES

B. USING STRAIGHT BASELINES

C. USING ARCHIPELAGIC BASELINES

Manual methods/Procedures for Delimiting

Municipal Waters

When the delineation of municipal waters of adjacent

or opposite municipalities produce overlapping areas,
it is necessary to delimit municipal waters in order to
allocate
the
overlapping
areas
between
the
municipalities concerned. Considering the archipelagic
nature of the country, and the many configurations of
the Philippine coastline, it is very likely that the
delimitation will be required by most coastal
municipalities. In these cases, it is necessary to use a
simple method of delimiting the municipal waters in a
convenient and cost-effective manner.
The Enrique A. Macaspac Concentric Circles Method of
Determining
an
Equidistance
Line
in
Boundary
Delimitation

The Enrique A. Macaspac Concentric Circles Method

of Determining an Equidistance Line in Boundary
Delimitation

The equidistance line is determined by connecting the

equidistance points identified by the center of each
circle whose circumference touches at least one point
(point of tangency) on both coastlines of the
neighboring municipalities, whether adjacent or
opposite, whose municipal water boundaries are being
determined. The use of this method facilitates the
delimitation of the waters.
Advantages
1. Convenience
2. Simplicity
3. Speed
4. Reasonably Accuracy

Procedure for Adjacent Municipalities

Procedure for Adjacent Municipalities

Procedure for Three or More Adjacent and Opposite

Municipalities

The delimitation of the boundaries among three or

more adjacent and opposite municipalities having
overlapping municipal waters essentially follows the
procedure for adjacent or opposite municipalities.
1. Delimit the lateral boundaries two municipalities at
a time. The lateral boundaries will usually end at a
point which is common to three or more municipalities
at the offshore boundary.
2. Delimit the distance offshore boundaries. Between
two tri-points is the delimited offshore boundary
between two opposite municipalities. Tri-points are
points along the median line equidistant from three
points from the coastline of three municipalities.

What issue was raised about

DAO 17?
The House Committee on Appropriations passed a
Resolution finding legal defect to DAO 17. Other offices
of the House of Representatives have similar view.
The Alliance of Philippine Fishing Federations files with
the Regional Trial Court of Malabon a petition seeking a
Temporary Restraining Order (TRO) to hold the
implementation of DAO 17.
NGOs, POs and LGUs nationwide seeks a Motion for
Intervention to manifest their disappointment over the
petition of the commercial fishing sector. The
movement for DAO 17 (M17) is formed.

What was done about

this?
Because of the house resolution, then
Secretaries Alvarez of the DENR and
Montemayor of the DA, and DSWD Sec.
Soliman, NAPC Sec. Teresita Quintos-Deles
and DILG Sec Lina, collectively endorsed to
the Department of Justice (DOJ) "for legal
opinion the issue regarding the
legality/validity of (DAO 17)."

What was the response of

DOJ?
In DOJ Opinion No. 62 (2001), the Secretary
of Justice declined to render opinion on the
validity of DAO 17 inasmuch as the issue
raised requires technical expertise and "as
Attorney General, the Secretary of Justice
renders opinion only on questions of law and
not on highly technical matters."

What was DENR's reaction to

DOJ Opinion No. 62 (2001)?
Considering that it is a technical issue,
Secretary Gozun with DA Secretary Lorenzo
issued Joint DENR-DA Special Order No. 85
(2002) constituting a multisectoral technical
committee headed by representatives from
the academe, the legislatures, the local
government units and direct stakeholders.

If this is so, why was DAO 17

recently revoked?
On March 4, 2002, Congressman Rolando Andaya requested
clarification/reconsideration of Opinion No. 62 (2001).
In response to Congressman Andaya's request for
clarification/reconsideration, DOJ issued Opinion No. 100 (2002)
stating that it is the DA, and not the DENR which is authorized to
issue guidelines on delineation of municipal waters. "By law, it is
the Department of Agriculture that shall authorize the NAMRIA to
perform the delineation of municipal waters. This power vested in
such Department carries with it the authority to issue the
guidelines. Where a general power is conferred or duty enjoined,
every particular power necessary for the exercise of one or the
performance of the other is also conferred."
Thus, DENR has no other legal alternative but to revoke DAO 17.
Under Administrative Code of 1987, the DOJ "ruling or decision
shall be conclusive and binding on all the parties concerned." DAO
7 was issued on March 17, 2003, formally revoking DAO 17.

Doesn't the Joint DA-DENR Memorandum

Order No. 01 (2000) of Angara and Cerilles
provide sufficient authority for DENR to
issue DAO 17?

No. While Joint Memorandum Order talks on

harmonization of programs and projects, the
section on the delineation of municipal
waters deals merely with the allocation of
funds from the DA/BFAR to NAMRIA, the
mobilization of resources of DENR, and the
establishment of the necessary work
program for NAMRIA. Nowhere in the Joint
Memorandum Order is there any delegation
by the DA to the DENR of authority to issue
guidelines.

What is the effect of the revocation of DAO

17? Did it abolish the municipal waters?

No. It is not DAO 17 but RA 8550 that

includes 15-km of marine waters as part of
municipal waters. It is, and continues to be,
in effect, and it will take a subsequent
Republic Act to revoke, revise, amend or
repeal it. What DAO 17 did was to prescribe
the manner of delineation.

How can the delineation now

proceed?
In accordance with law (RA 8550) and DOJ
Opinion 100 (2002), the Department of
Agriculture should now issue the necessary
guidelines.

What is the DENR doing to

address the situation?
The DENR is working with DA for the
issuance of guidelines. The Secretary
instructed the DENR and NAMRIA legal and
technical personnel to assist the DA in
drafting the Guidelines on the Delineation of
Municipal Waters. She also instructed
NAMRIA to finalize the reports and maps for
the areas already delineated. DENR remains
committed to protect the interest of small
fisherfolks and to conserve the coastal
marine resources.

Are the delineations done

pursuant to DAO 17 null and void?
All activities done are still valid subject to the
new guidelines to be issued by DA.

THANK YOU!