Marcos signs new laws asserting PH's sovereign rights in WPS

President Ferdinand “Bongbong” Marcos Jr. on Friday signed two landmark laws that aim to define the Philippines’ maritime zones as well as the archipelagic sea laws. 

The Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act are seen to give more teeth to the country’s legal rights over the resource-rich West Philippine Sea. 

''The passage of these two priority bills fully demonstrates our commitment as a responsible member of the international community and our advocacy to uphold rules-based international order,'' Marcos said in his speech.

''In the same breath, these signal our resolve to protect our maritime resources, preserve our rich biodiversity, and ensure that our waters remain a source of life and livelihood for all Filipinos,'' he added.

Meanwhile, Senate President Francis “Chiz” Escudero said that the newly signed laws will strengthen the country’s sovereignty and sovereign rights over the territorial waters and the airspace over it.

Photo from MPC Pool

Philippine Maritime Zones Act

The Philippine Maritime Zones Act is a declaration that Manila exercises sovereignty and jurisdiction over its internal waters, territorial sea archipelagic waters, and the airspace over it, including its seabed and subsoil. 

This is in accordance with the United Nations Convention on the Law of the Sea or UNCLOS and other existing laws and treaties.

This covers the contiguous zone of the Philippines, which refers to the waters beyond and adjacent to its territorial sea up to 24 nautical miles from the baselines. It further defines the exclusive economic zone, the continental shelf, and the extended continental shelf that form part of the Philippine territory. 

The law also underscored that the Philippines has the right and privilege over the high seas and the international seabed as stated in the UNCLOS and other existing laws and treaties.

In relation to this, all maritime scientific research in the maritime zones of the country shall contribute greatly to the benefit of Filipinos. 

“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 Francis Tolentino said the signing of the Philippine Maritime Zones Act is an enforcement of the 2016 arbitral ruling that invalidated China's massive claims in the South China Sea.

''If I may add, 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. So, in-implement natin dito iyong 2016 arbitral ruling,'' he said at a Palace press briefing. 

Tolentino, who sponsored the measure in the Senate, expressed elation over the enactment of the law as well as the Philippine Archipelagic Sea Lanes Act. He said the newly inked law would also mean ''legislating the West Philippine Sea.''

''These laws – one, Maritime Zone Law, would really enshrine, domesticate in our Philippine laws what we obtain through the 2016 arbitral ruling; number two, for the first time, we’re now legislating the name 'West Philippine Sea,''' he said.

''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 – now, Talampas ng Pilipinas,'' he added. 

Archipelagic Sea Lanes

Meanwhile, the Philippine Archipelagic Sea Lanes Act designated sea lanes in archipelagic waters by foreign ships and aircraft, the Senate leader said. 

Under the new law, the system of archipelagic sea lanes, through which foreign vessels and aircraft shall exercise the right of archipelagic sea lanes passage, shall be established and designated by the President.

The law also indicated the obligations in the exercise of the right of archipelagic sea lanes passage as well as the acts prohibited on the sea lanes and over the air routes.

It also determined the liability of water and air assets for any loss or damage suffered by the Philippines or any third party due to non-compliance with the provisions of the law.

Marcos urged concerned government agencies and local government units to review rules and regulations on these new laws with a view of undertaking the necessary steps for their effective implementation.

China not expected to recognize new laws

Tolentino said he does not expect China to recognize the two new laws.

''Iyong sa atin, we don’t expect an instant recognition on the part of China because they have been disregarding international law,'' he said.

The senator said the tensions in the region would also be diluted, but harassment from China will not necessarily stop. 

''Instantly iyong tensions sa exclusive economic zone will be diluted. 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,'' he explained. 

China has since refused to recognize the 2016 arbitral ruling which invalidates its massive claim in the South China Sea. It maintained that the verdict was “illegal” and  “invalid.”

According to Senior State Counsel Atty. Fretti Ganchoon, the main objective of the laws is to align with the existing laws that the country enforces when it comes to protecting territorial waters.

''Because we do have existing laws on maritime zones, but these are outdated laws, these are old laws that were issued before the 1983 United Nations Convention on the Law of the Sea,'' Ganchoon said. 

''So, and also, we don’t have a complete set of maritime zones. So, the primary objective, I think, of this law is to make sure that all of our existing laws, related to maritime zones are updated and consistent with UNCLOS and this will also guide all our agencies when they perform their functions in the West Philippines Sea,'' she added. 

She also said the effectivity of the law does not depend on the recognition of the states. 

''So, this would help our law enforcement agencies in the enforcement of our pertinent maritime laws in our maritime zones. So, this would give clarity to the enforcement of our laws especially in the West Philippine Sea, of course,'' Ganchoon said.

More assets needed

Meanwhile, the National Maritime Council said Friday that adding more assets would help in implementing the newly signed Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act.

"Presently, our assets, we can up to implement that, but, of course, we need to come up with more, so that, you can see naman kung gaano kalawak iyong binabantayan natin ano, karagatan (you can see how vast are the waters that we are guarding),'' NMC spokesman Undersecretary Alexander Lopez said in a Palace press briefing.

''While it is true there [are] only passages, but then again, we need more assets, we need more bottoms, we need more technical capabilities to fully monitor, detect and—I don’t want say neutralize baka (perhaps)—but there addresses any violation of our laws,'' he added.

These laws will be a source of more development capabilities on the part of maritime enforcement agencies, according to Lopez.

He added that the council would provide for a ''coherent, cohesive approach'' in any maritime concerns, including the implementation of these two laws.

In a separate statement, the NMC said these two laws represent a whole-of-government initiative that highlights the unwavering determination to safeguard the Philippines and its territories.

''They provide essential guidelines for navigation and the sustainable management of our waters, promoting maritime safety, security and responsible stewardship of our precious marine ecosystems,'' the NMC said.

It then reaffirmed the commitment to defending the country's sovereignty, sovereign rights and jurisdiction within the Philippine maritime domain.

''As we move forward, we encourage all stakeholders including government agencies, the civil society and the private sector to collaborate effectively implementing this legislation,'' the NMC said. —VAL/AOL/VDV, GMA Integrated News