Marcos signs 2 key sea laws

PRESIDENT Ferdinand Marcos Jr. on Friday signed into law two landmark bills defining the country's maritime zones and archipelagic boundaries in a move designed to further strengthen the nation's rights over the West Philippine Sea.

In a ceremony in Malacañang, the President signed Republic Act (RA) 12064, or the Philippine Maritime Zones Act, and RA 12065, or the Philippine Archipelagic Sea Lanes Act.

In his speech, Marcos said the two new laws would assert the country's rights as an archipelagic state while fulfilling its obligations under international law.

"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 the same breath, these [laws] 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.

With the enactment of RAs 12064 and 12065, "we align our domestic laws with international law, specifically the UN Conventions 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," he said.

RA 12064 upholds Philippine sovereignty and jurisdiction over its internal waters, territorial sea archipelagic waters and the airspace over it, as well as its seabed and subsoil.

It 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, and defines the exclusive economic zone (EEZ), the continental shelf and the extended continental shelf that form part of Philippine territory.

Marcos said that with its maritime zones clearly defined, 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.

The Philippine Archipelagic Sea Lanes Act complements the Philippine Maritime Zones Act in ensuring the protection of the country's sovereignty and maritime domain by designating the routes and areas through which foreign military vessels and foreign registered aircraft can pass.

Sea Lane I covers the Philippine Sea-Balintang Channel-West Philippine Sea, Sea Lane II the Celebes Sea-Sibutu Passage-Sulu Sea-Cuyo East Pass-Mindoro Strait-West Philippine Sea, and Sea Lane III the Celebes Sea-Basilan Strait-Sulu Sea-Nasubata Channel-Balabac Strait-West Philippine Sea.

RA 12065 also identifies the liability of ships or aircraft for any loss or damage suffered by the Philippines or any third party as a result of non-compliance with the provisions of the law.

"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.

Senate President Francis Escudero hailed the signing of the two landmark laws, saying it will give more teeth to the legal and territorial claim of the Philippines over the West Philippine Sea.

"The two laws will further strengthen our sovereignty and sovereign rights over our territorial waters and the airspace. This is domestic law, on top of the 2016 arbitral ruling, that will bind executive officials, and they cannot go against it," Escudero said.

"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.

Speaker Martin Romualdez said the signing of the Maritime Zones Act and the Philippine Archipelagic Sea Lanes law will enhance the Philippines' efforts to protect its sovereign rights over the West Philippine Sea and to preserve and exploit the resources in the waters for the benefit of Filipinos.

In a statement, Romualdez said protecting the disputed waters that are inside the country's 200-mile special economic zone "is not just a matter of national pride; it is also an economic and food security, and legacy imperative."

He noted that based on surveys and studies, the West Philippine Sea holds "vast marine and oil and gas resources" that should be preserved for the future generation of Filipinos.

"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, referring to China.

"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.

He called on China to end the occupation of two sea features that were declared in the 2016 arbitral court ruling as part of Philippine territory and allow the country, the Philippines, "unhindered assertion of its sovereign and legal rights over the West Philippine Sea and the preservation of marine gas and oil resources in these waters."

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 RAs 12064 and 12065.

In a press briefing at Malacañang, NMC spokesman Undersecretary Alexander Lopez said the signing of the two laws 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 aggressive activities in the West Philippine Sea.

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 arbitral court ruling which 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.

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.

"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," Ganchoon said.

Department of Foreign Affairs Assistant Secretary for Maritime and Ocean Affairs Marshall Louis Alferez said the 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 filed a total of 188 diplomatic protests against China from July 1, 2022, to Nov. 4, 2024. About 55 of the 188 diplomatic protests were filed in 2024 alone.

Ray Powell, founder and director of SeaLight and a retired US Air Force colonel, considered the situation in the South China Sea as an issue of "maritime occupation," a term he emphasized as crucial to understanding the scale and gravity of China's intrusions.

Powell argued that the Philippines faces a sustained, large-scale effort by China to occupy its EEZ.

"This is essentially a maritime occupation," Powell said. "A foreign power is occupying a country's lawful exclusive economic zone. This is an occupation of the sea, and that is a fundamentally different problem than a simple violation of rights or the occasional confrontation."

Powell warned that the Philippines, while engaged in daily diplomatic efforts and legal battles to assert its sovereignty, needs a different approach from the international community — one that recognizes the long-term nature of the conflict.

He cautioned against the tendency of some foreign powers to lecture the Philippines on "provoking" China or exaggerating the situation.

Instead, Powell called for stronger, more coordinated support for the Philippines in its ongoing struggle.

"If you're not in the Philippines' shoes, then think twice before offering advice," Powell said.

He said China's militarization of Mischief Reef (Panganiban Reef), a key feature in the Spratly Islands, has allowed it to project power deep into Philippine waters.