Marcos inks laws on PH Maritime Zones, Archipelagic Sea Lanes

By Ruth Abbey Gita-Carlos, Philippine News Agency

President Ferdinand R. Marcos Jr. on Friday signed into law two measures to reinforce the Philippines’ entitlement and responsibility within its maritime zones. President Marcos signed the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act, which, he said, are “significant laws that emphasize the importance of our maritime and archipelagic identity.” (PCO Photo)

MANILA – President Ferdinand R. Marcos Jr. on Friday signed laws declaring the maritime zones under Philippine jurisdiction and designating sea lanes in the country for foreign vessels and aircraft.

Marcos signed the two new laws in a ceremony at Malacañan Palace in Manila.

In his keynote speech, the President said the signing of Republic Act (RA) Nos. 12064 and 12065 demonstrates the country’s commitment as a responsible member of the international community and advocacy to uphold rules-based international order.

He added that the laws signal his administration’s resolve to protect the country’s maritime resources, preserve its rich biodiversity, and ensure that Philippine waters remain a source of life and livelihood for all Filipinos.

“Today, we gather for the signing of two very significant laws that emphasize the importance of our maritime and archipelagic identity – the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act,” he said after signing the two new laws.

“With these pieces of legislation, we align our domestic laws with international law, specifically the UN (United Nationsl) Convention on the Law of the Sea or UNCLOS to improve our capacity for governance and reinforce our maritime policies for economic development and for national security.”

Marcos said the new laws signify the government’s commitment to ensuring the safety and prosperity of Philippine maritime domain.

He said the declaration of the country’s maritime zones and archipelagic sea lanes demonstrates his administration’s assertion of the country’s rights as an archipelagic state while fulfilling its obligations under international law.

“It is expected that the clarity of the extent of the maritime zones and the determination of the archipelagic sea lanes will impact domestic laws and regulations at the national and at the local level,” Marcos said.

“I therefore call on all concerned government agencies and the local governments to review rules and regulations against these new laws with a view of undertaking the necessary steps for their effective implementation.”

Maritime zones

The Philippine Maritime Zones Act or RA 12064 aims to declare the rights and entitlements of the Philippines over its maritime zones to establish legal bases for the conduct of social, economic, commercial, and other activities in the areas.

RA 12064 provides for a general declaration of the maritime zones under the jurisdiction of the Philippines, which include internal waters, archipelagic waters, territorial sea, contiguous zone, exclusive economic zone (EEZ), and continental shelf.

The new law defines the maximum extent of the territorial sea (12 nautical miles), contiguous zone (24 nautical miles), EEZ (200 nautical miles), and continental shelf.

It also allows the delineation of continental shelves extending beyond 200 nautical miles, in accordance with Article 76 of the UNCLOS.

The law also provides for sovereign rights over the Philippines’ maritime zones, establishing the country’s exclusive rights to explore and exploit living and nonliving resources found in the zones, in compliance with the UNCLOS and other existing laws and treaties.

The rights of the Philippines relative to its maritime zones and entitlements shall be exercised in accordance with the UNCLOS and the awards rendered by the Hague-based arbitral tribunal in Permanent Court of Arbitration Case 23 No. 2013-19 in the matter of the South China Sea Arbitration between the Philippines and China handed down on July 12, 2016.

“The Philippines reaffirms its sovereignty, sovereign rights, and jurisdiction in our waters. By defining and asserting our maritime zones, we project to the international community that we are staunchly committed to nurturing, cultivating, and protecting our maritime domain,” Marcos said.

Archipelagic sea lanes

Meanwhile, the Archipelagic Sea Lanes Act or RA 12065 designates the sea lanes and air routes suitable for the continuous and expeditious passage of foreign ships and aircraft through or over its archipelagic water and the adjacent territorial sea.

RA 12065 was signed to prevent arbitrary international passage in the Philippine archipelago.

It also prescribes the rights and obligations of foreign ships and aircraft exercising the right of archipelagic sea lanes passage through the established Philippine archipelagic sea lanes.

The new law penalizes non-compliance with the provisions of the law, as well as with existing fisheries, environmental, customs, fiscal, immigration, sanitary, and other pertinent laws.

Marcos said RA 12065 complements both the maritime and aerial policies by establishing a route system in the country’s archipelagic waters, as well as the airspace above it.

He said the designated archipelagic sea lanes and air routes aim to facilitate safe passage for foreign ships and aircraft without compromising national security or diminishing security for good environmental stewardship.

“These sea lanes will offer continuous, expeditious, and unobstructed transit for vessels and air transport while obliging them to comply with navigational regulations and procedures, as well as with the air rules of flight safety and protocols,” Marcos said.

PH rights over WPS

Lawmakers lauded Marcos’ signing of the two laws, saying these assert the country’s territorial integrity and rights over West Philippine Sea (WPS) and all its maritime zones.

“The West Philippine Sea will be more than just a term, but will be formally defined and enshrined for the first time in national legislation. Consider this as the birth certificate of the WPS,” Senate Majority Leader Francis Tolentino said in a statement.

“These laws represent a brave step forward, and a victory for every Filipino. This is for every citizen who stands for a sovereign Philippines, where not a single inch of our territory is given up to any foreign power. This is for the future of our youth, where all the resources that fall within our jurisdiction are harnessed for our people’s enjoyment and benefit,” he added.

In an earlier statement, Senate President Francis Escudero said the two important pieces of legislation will further strengthen the Philippines’ rights over the WPS, on top of the 2016 arbitral ruling and in accordance with UNCLOS and other existing laws and treaties.

“By asserting our rights over the sea and air, we are in effect ensuring the utilization of our rich resources in our territorial waters for the benefit of our people,” Escudero said.

Senator Ramon Revilla Jr. said President Marcos’ signing of the bills signals a reinforced and resolute stance for the nation, affirming that Filipinos will not tolerate unwelcome intrusions and harassment within Philippine territory.

“Sakto ang pagpasa natin sa batas na ito upang ipagsigawan sa mga yumuyurak sa ating soberanya at nagwawasak sa ating mga likas na yaman. Hindi kami magpapakakimi at piping saksi sa inyong kalapastanganan (The passage of these laws loudly announces to those who trample on our sovereignty and destroy our natural resources: We will not ignore and be silent witnesses to your insults),” Revilla said in another statement.

Speaker Martin Romualdez said the two laws will enhance the country’s efforts “to protect our sovereign rights over the West Philippine Sea and to preserve and exploit the resources in these waters for the benefit of our people.”

He said protecting the disputed waters within the Philippines’ 200-nautical mile EEZ is not only a matter of national pride, but also crucial for the country’s economic and food security.

He cited studies and surveys indicating that the West Philippine Sea holds vast marine, oil, and gas resources that should be preserved for future generations.

“It is thus not surprising that our frenemy and neighbor continues to intrude into our waters and even undertakes periodic maritime surveys in this area,” Romualdez said, alluding to China harassment in the contested waters.

Romualdez described the enactment of these laws as a clear message to the Philippines’ neighbors, allies, and the international community about the country’s firm commitment to protecting “what is rightfully and legally ours.”

“These new laws mark a historic moment in our efforts to secure and defend our maritime domain. By establishing clear boundaries and designating specific sea lanes, we strengthen our position under international law, safeguard our natural resources, and enhance our security in the West Philippine Sea and beyond,” he said. (With a report from Wilnard Bacelonia/Filane Cervantes/PNA)