8 IV. BACKGROUND OF THE REPORT Delineation of Municipal Waters In 2016, the concluding observations on the combined 5th and 6th periodic reports of the Philippines to the UN Committee on Economic, Social, and Cultural Rights raised concerns on the plight of Filipino fisherfolk. They are concerned about the continued encroachment of commercial fishing vessels in municipal waters and its effects on their livelihood.34 The report recommended that “the State party take all necessary measures to delineate municipal waters and coastal zoning to improve fisher’s income.”35 The delineation of municipal waters has been a challenge due to the arduous process it takes that may be attributed to the geographical nature of the country and the various interpretation of the law itself. Prior to the enactment of RA No. 8550, municipal waters were defined under Presidential Decree (PD) 704 as “marine waters included between two 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 and three nautical miles 36 from such coastline. 37” The distance from the general coastline was then expanded to 15 kilometers with the enactment of RA No. 7160 or the Local Government Code.38 Subsequently, the Fisheries Code defined municipal waters as including not only streams, lakes, inland bodies of water and tidal waters within the municipality, but also marine waters 15 kilometers from the coastline.39 In a presentation made by Atty. Jacqueline Espenilla of the University of the Philippines Institute of Maritime Affairs and the Law of the Sea (UP-IMLOS)40, she discussed the significance of the changes, including the wordings and interpretation of the law, and how the term “general coastline” and “offshore islands” were challenged before the Supreme Court (SC). Figure 1. Defining municipal waters (UP-IMLOS) 34 Concluding Observation no. 45, supra note 23 35 Concluding Observation no. 46, supra note 23 36 3 nautical miles is often rounded off to 7 kilometers, as this distance is what is mostly mentioned in other relevant literature. 37 Chapter 1 Sec. 3(p) of PD 704 which Revised and Consolidated All Laws and Decrees Affecting Fishing and Fisheries. Available from www.lawphil.net/statutes/presdecs/pd1975/pd_704_1974.html (last viewed 11/15/2021) 38 Section 131(r) of the Local Government Code www.lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html (last viewed 11/15/2021) 39 Sec. 5(58) or RA No. 8550, supra note 8 40 Consultations with Representatives National Government Agencies, through Online Video Conferencing (8 October 2021)