Law Summary
Historical and Institutional Background
- Reaffirms EO No. 57 (2011) establishment of the National Coast Watch System (NCWS).
- Lists components created by EO No. 57: National Coast Watch Council (policy direction), MCWC Secretariat (technical/admin support), National Coast Watch Center (operations coordination).
- References MC No. 94 (2016) establishing the National Task Force-West Philippine Sea for unified actions in the WPS.
Challenges and Commitment to International Law
- Recognizes ongoing maritime security threats affecting sovereignty and citizen safety.
- Commits to upholding freedom of navigation and overflight consistent with international law.
- Highlights need for strengthened maritime security and domain awareness.
Legal Basis for Executive Reorganization
- Cites EO No. 292 enabling the President's authority to reorganize executive structure for efficiency.
- Refers to the President’s constitutional power over executive departments to ensure faithful law execution.
Section 1: Coverage and Definitions
- Maritime Domain: includes all maritime areas, activities, infrastructure, people, cargo, vessels across internal waters, territorial sea, contiguous zone, EEZ, continental shelves.
- Maritime Security: encompasses protection of marine assets, practices, territorial integrity, peace and order, including military, socio-economic, environmental, and political aspects.
- Maritime Domain Awareness: understanding maritime domain factors affecting sovereignty, security, safety, economy, or environment.
Section 2: National Maritime Council Composition
- Renames and reorganizes the National Coast Watch Council to the National Maritime Council.
- Composed of Executive Secretary (Chair) and Secretaries of key departments (Defense, Agriculture, Energy, Environment, Foreign Affairs, Finance, Interior, Justice, Transportation), plus Solicitor General and National Intelligence Chief.
- Council meets quarterly or as necessary.
Section 3: Powers and Functions of the Council
- Central body for policy formulation, coordination, and governance on maritime security and awareness.
- Directs inter-agency and international cooperation; recommends policies to the President.
- Formulates national maritime strategies and policies; oversees National Maritime Security Policy and Strategy.
- Harmonizes capability plans, funding, agency roles, and can establish committees/task forces.
- Performs additional functions for effective mandate discharge.
Section 4: Presidential Office for Maritime Concerns (POMC)
- Renames NCWC Secretariat as POMC; provides council support.
- Performs research, administrative, technical services; assists in legislation review.
- Provides support to council-created committees and coordinates operational directives with PCG.
- Presidential Assistant for Maritime Concerns (PAMC) leads POMC, reports directly to the President on critical maritime matters.
Section 5: National Maritime Center Duties
- Renames the National Coast Watch Center as the National Maritime Center under PCG leadership.
- Coordinates maritime security operation implementation and information management.
- Develops communication systems, conducts surveillance, operation monitoring, multinational cooperation.
- Supports legal prosecution of maritime violators and conducts situational assessments.
Section 6: Support Agencies and Coordination
- Orders full support from multiple agencies: PCG, AFP, PNP, DOJ, Customs, Immigration, NBI, Fisheries, Transnational Crime Center, PDEA, Mapping Authority, Space Agency, UP Institute for Maritime Affairs.
- Executive Secretary or Council through PAMC may mobilize agency resources.
- Defines roles/responsibilities to be regulated by Council-issued rules without diminishing mandates of agencies.
Section 7: Authority to Accept Assistance
- National Maritime Center authorized to accept donations, grants, and gifts domestically or internationally, subject to laws.
Section 8: Integration of the National Task Force-West Philippine Sea
- Attaches NTF-WPS to the Council, receiving policy guidance through it.
- PAMC represents the Council in NTF-WPS.
- NTF-WPS responsible for synchronizing agency capabilities for unified West Philippine Sea operations.
Section 9: Funding
- Implementation funded from agencies’ current appropriations initially.
- Future funding included in annual General Appropriations Act following standard budget processes.
Section 10: Implementing Guidelines and Transition
- Council to issue guidelines within 60 days for effective Order implementation.
- Includes transfer of properties and assets from previous entities to new structures.
Section 11: Reporting Requirements
- POMC to submit annual implementation reports to Office of the President through Executive Secretary.
Section 12: Separability Clause
- Invalidity of any provision does not affect the validity of the rest.
Section 13: Repeal and Amendments
- EO No. 57 repealed except Proclamation No. 72.
- Amends relevant provisions of MC No. 94.
- Repeals or modifies inconsistent orders, rules, or regulations.
Section 14: Effectivity
- Order effective immediately upon publication in Official Gazette or general circulation newspaper.