Fishers from the PAMALAKAYA sail in waters off Zambales on May 31, 2024. The expedition was meant to defy the four-month Chinese fishing ban in the West Philippine Sea, claimed by China as its territory. ABS-CBN News 

MANILA — President Ferdinand Marcos Jr on Friday signed two landmark laws which are seen to reinforce the country’s maritime entitlements as tensions with China rose in the West Philippine Sea.

The Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act show the country’s commitment to ensuring the safety and prosperity of its maritime domain, as well as its firm faith in its identity as a maritime nation, Marcos said.

Republic Act 12064 or the Philippine Maritime Zones Act defines the extent of the country’s maritime entitlements and fully declares their metes and bounds in accordance with the Philippines Constitution and the United Nations Conventions on the Laws of the Sea.

These include the country’s internal waters, archipelagic waters, territorial sea, contiguous zone, exclusive economic zones, and continental shelf.

“This is essential in establishing the extent of our maritime jurisdiction and to ensure that our rights and duties as an archipelagic state are well-defined in order that all Filipinos can rightfully enjoy the riches of our seas. Our people, especially our fisherfolk, should be able to pursue their livelihood free from uncertainty and harassment. We must be able to harness mineral and energy resources in our seabed,” Marcos Jr said in his speech.

“Maintaining the primacy of the UNCLOS and the 2016 Arbitral Award as our beacons in the maritime domain, 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.”

PH needs 'stronger, greater actions' in West Philippine Sea

According to the Department of Foreign Affairs, by clearly defining maritime zones, “the Philippines could effectively enforce its relevant domestic laws and related international laws to protect and conserve its marine and fish resources, preserve its marine environment, and enhance maritime safety and security.”

Meanwhile, RA 12065 or the Philippine Archipelagic Sea Lanes Act establishes three archipelagic sea lanes that shall be utilized and accessed by foreign ships and aircrafts, without compromising the country’s national security.

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

“We are committed in implementing these ASLs in faithful accordance with the process found in UNCLOS, while firmly upholding the principles of reciprocity and mutual respect amongst States,” the President said.

China maintains presence in West Philippine Sea

Marcos said the two laws were expected to impact domestic laws and regulations at the national and local level.

“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,” he said.

“It is my fervent hope that with the help of these two laws, we will continue to pursue and defend our maritime interests and navigate towards a brighter and stronger Bagong Pilipinas,” he continued.

NEW LAWS LAUDED

Sen. Francis Tolentino said that by clearly defining the country’s maritime zones in accordance with the UNCLOS, the Philippine Maritime Zones Act would boost the Philippines’ position in the West Philippine Sea.

“The 2016 arbitral ruling was criticized because we were criticized because it could not be implemented. The passage of the Maritime Zones Law is an implementation of the 2016 arbitral ruling. It is an implementation,” the lawmaker said.

“For the first time, we’re now legislating the name ‘West Philippine Sea’ and we’re now making reference to the eastern portion as ‘Talampas ng Pilipinas’ formerly known as the Benham Rise, later named as the Philippine Rise,” Tolentino said. 

“And now, we’re also making the exact metes and bounds of our territorial sea, contiguous zone, exclusive economic zone all the way to the deep seabed with all the rights that would be recognized if we submit this in due time to the United Nations,” he continued.

According to the National Maritime Council, the clarity provided by the Maritime Zones Act “is vital in establishing the scope of the Philippine maritime jurisdiction, ensuring that our rights and responsibilities as an archipelagic state are clearly defined.”

Tolentino said the passage of the law is not expected to stop China’s aggression in the West Philippine Sea.

“Mayroon pa rin because the other side China is not recognizing this, will not recognize this. Pero, the recognition, the imprimatur that we will be getting from the international community would strengthen our position.  Ito na iyong titulo natin eh ‘di ba,” he said.

“Liwanagin ko lang. Kapag nagpasa ba tayo ng isang batas na halimbawa sa Revised Penal Code, bawal ang pumatay, will stop murder or homicide, ‘di ba? Kapag nagpasa ba tayo ng batas na bawal mag-commit ng cybercrime, will it stop?”

Meanwhile, the Archipelagic Sea Lanes Law “allows the Philippines to balance its obligation to facilitate international navigation with its right to manage and protect its waters and national security,” National Maritime Council spokesperson Usec Alexander Lopez said.

“Moreover, it empowers the government to enhance maritime traffic oversight, strengthen law enforcement capabilities and protect our rich marine biodiversity. In doing so, it enforces the Philippine’s role as a responsible member of the international community dedicated to advancing our maritime sectors and conserving our natural heritage,” he said. 

Tolentino said the law would especially help ensure the safety of Filipino fishermen at sea. 

“Alam na nila kung saan dadaan iyong malalaking mga barko – hindi na mauulit iyong nangyayari dati sa Zambales, Sta. Cruz area at Zambales na iyong mga bangka nating maliliit nababangga ng malalaking barko. Nakaiwas na sila doon kasi iyong malalaking barko doon na lang dadaan sa archipelagic sea lanes ‘di ba so nakabawas na tayo ng sakuna. Iyong implementation doon ay Philippine Coast Guard,” he said.

Under the UNCLOS, the Philippines is required to conduct a consultation process with the International Maritime Organization regarding the designation of its archipelagic sea lanes.

“So, immediately after the effectivity of this, I am now referring to 12065, we have to submit that to the IMO, Tutukan iyon, six months, mayroong six months period for the IMO to decide whether approved or not,” Tolentino said.