NMC to take 'coherent, cohesive' approach in maritime concerns

MANILA – The National Maritime Council (NMC) on Friday said it would take a "coherent and cohesive" approach in addressing maritime concerns that may arise, following the signing of two laws reinforcing the Philippines' sovereign rights over its territorial waters.

In a Palace press briefing, NMC spokesperson Undersecretary Alexander Lopez said the signing of Republic Act (RA) 12064 (Philippine Maritime Zones Act) and RA 12065 (Archipelagic Sea Lanes Act) is a testament to the Marcos administration's unwavering determination to safeguard the Philippines' vast marine resources and assert its jurisdiction over the country's maritime zones.

"That's the mandate of the National Maritime Council. The council will provide for a coherent, cohesive approach in any maritime concerns, even the implementation of these two laws. That's moving forward. The NMC will be working on this," Lopez said, when asked how the government would ensure the full implementation of RAs 12064 and 12065 amid China's incursion and harassment in the West Philippine Sea (WPS).

"These important legislations underscore our commitment to adhere to international law, particularly to the United Nations Convention on the Law of the Sea (UNCLOS). They provide essential guidelines for navigation and the sustainable management of our waters, promoting maritime safety, security and responsible stewardships of our precious marine ecosystems," he added.

Senate Majority Leader Francis Tolentino, principal author of RA 12064, said the passage of the maritime zones law is tantamount to the implementation of the Hague-based Permanent Court of Arbitration's (PCA) July 12, 2016 ruling favoring the Philippines in its maritime dispute against China.

The PCA ruling invalidated China's nine-dash line claim that covers nearly the entire South China Sea.

"The 2016 arbitral ruling was criticized because it could not be implemented. The passage of the Maritime Zones Act is an implementation of the 2016 arbitral ruling. It is an implementation," Tolentino said.

The Marime Zones Law identifies the archipelagic baselines under the 2009 Philippine Baselines Law as the basis upon which the country's maritime zones are measured.

Apart from identifying the Philippine internal waters, the law also defines the archipelagic waters, full entitlement of a 12 nautical miles territorial sea, declaration of a 24 nautical miles contiguous zone from the baselines, and the 200 nautical miles exclusive economic zone and continental shelf where the Philippines can exercise sovereign rights and jurisdiction.

On the other hand, the Archipelagic Sea Lanes Act establishes two east-west routes and one north-south route, namely the Sea Lane I (Philippine Sea-Balintang Channel-West Philippine Sea), Sea Lane II (Celebes Sea-Sibutu Passage-Sulu Sea-Cuyo East Pass-Mindoro Strait-West Philippine Sea), and Sea Lane III (Celebes Sea-Basilan Strait-Sulu Sea-Nasubata Channel-Balabac Strait-West Philippine Sea).

The three sea lanes are designated routes and passages in archipelagic waters where all ships and aircraft have the right to traverse in a continuous, expeditious and unobstructed manner.

In other parts of Philippine waters beyond the designated archipelagic sea lanes, the right of innocent passage applies

Lawyer Fretti Ganchoon of the Department of Justice said the twin maritime laws are deemed "effective," even though China continues to disregard the Philippines' domestic laws.

Ganchoon said the main objective of the laws is to align the country's existing laws on maritime zones that are already "outdated" since these were signed before the UNCLOS declaration.

"What if another state does not recognize our law? As a state, you have a right to enact your own laws and these laws of yours will be effective even though other states do not recognize your law. So, the effectivity of your law does not depend on the recognition of the other states," she said.

"So, the primary objective of this law is to make sure that all of our existing laws related to maritime zones are updated and are consistent with UNCLOS. And this will also guide all our agencies when they perform their functions in the West Philippine Sea. At present, there's a lot of confusion with respect to our existing laws. This would put to rest all of those confusion," Ganchoon added.

Tolentino said the Philippines does not expect an "instant recognition" on the part of China, considering that Beijing has been disregarding international law.

Following the passage of RA 12065, foreign vessels entering the Philippines' archipelagic waters would just be limited to the three designated archipelagic sea lanes, Tolentino said.

Tolentino said violators would face sanctions imposed by the International Maritime Organization and International Civil Aeronautics Organization.

"Hindi na sila puwede sa iba (They are not allowed to go elsewhere). So, implementation will be done by the Philippine Coast Guard," he said.

Department of Foreign Affairs Assistant Secretary for Maritime and Ocean Affairs Marshall Louis Alferez said the Philippine government would continue issuing diplomatic protest against any foreign nation that conducts illegal actions and unlawful presence in the country's maritime zones.

The Philippines has so far filed a total of 188 diplomatic protests from July 1, 2022 to Nov. 4, 2024. About 55 of the 188 diplomatic protests were filed in 2024 alone.

National Mapping and Resource Information Authority administrator Peter Tiangco said the new map showing the delineation of maritime zones and archipelagic sea lanes has been prepared.

"We already have the maps prepared. We are just waiting for the implementing rules and regulation in order for us to modify or revise the maps that we have prepared accordingly until its final publication," he said.

"'Yung ating (Our) maps will have the legal basis supported by the existing laws," Tiangco added. (PNA)