Law Summary

Introduction

Executive Order No. 197, issued on February 4, 2016, designates the Secretary of Transportation and Communications (SOTC) as the authority responsible for ensuring the security of sea transport and maritime infrastructure in the Philippines, in alignment with international maritime safety standards.

Authority Responsible for Maritime Security

• Legal Principle: The SOTC is tasked with ensuring the implementation of the International Ship and Port Facility Security (ISPS) Code.
• Key Definitions:
  • ISPS Code: An international framework aimed at enhancing maritime security through cooperation among governments, shipping companies, and port authorities.
• Requirements:
  • The SOTC must ensure compliance with the responsibilities of the Contracting Government under the ISPS Code.

Delineation of Functions

• Legal Principle: Specific functions are assigned to various agencies for the implementation of the ISPS Code.
• Key Agencies and Responsibilities:
  • Philippine Coast Guard (PCG): Responsible for control and compliance measures for ships at Philippine ports.
  • Philippine Ports Authority (PPA): Performs security duties at port facilities and coordinates with the Bureau of Customs (BoC) on cargo handling security.
  • Maritime Industry Authority (MARINA): Enforces ISPS Code provisions for Philippine-flagged or registered ships.
  • Office for Transportation Security (OTS):
    • Implements the National Security Program for Sea Transport and Maritime Infrastructure (NSPSTMI).
    • Establishes performance standards for port security personnel and equipment.
    • Monitors compliance and submits regular reports to the SOTC.

Imposition of Sanctions

• Legal Principle: Violations of security standards and the ISPS Code will attract sanctions.
• Requirements:
  • Agencies like PCG, MARINA, and PPA must impose appropriate sanctions for violations.
  • Guidelines for sanctions will be prescribed by the SOTC in accordance with applicable laws and international agreements.

Inter-Agency Coordination

• Legal Principle: Emphasizes the necessity of cooperation among various government agencies for effective maritime security.
• Key Agencies Involved: Includes BoC, Bureau of Immigration, National Coast Watch Center, and others.
• Requirements:
  • All agencies are directed to assist the SOTC and harmonize their roles in implementing this EO.

National Security Program for Sea Transport and Maritime Infrastructure

• Legal Principle: The NSPSTMI must be updated to align with the provisions of this EO.
• Requirements:
  • The updated NSPSTMI must be submitted for SOTC approval within 60 days from the EO's effectivity.
  • Monthly compliance reports must be submitted by all concerned agencies.

Appropriations and Source of Funding

• Legal Principle: Funding for the implementation of this EO is to be sourced from the General Appropriations Act.
• Requirements:
  • Necessary funds will be directly released to implementing agencies, subject to budgeting and accounting regulations.

Implementing Rules and Regulations

• Legal Principle: The SOTC is responsible for promulgating necessary rules and regulations for the EO's implementation.
• Timeframe: The rules must be promulgated within 30 days from the EO's effectivity.

Separability Clause

• Legal Principle: If any provision of this EO is found invalid or unconstitutional, the remaining provisions shall remain in effect.

Repeal of Inconsistent Issuances

• Legal Principle: All prior orders, rules, regulations, or issuances inconsistent with this EO are repealed or amended accordingly.

Effectivity

• Legal Principle: This Executive Order takes effect immediately upon signing.

Key Takeaways

• The SOTC is designated as the primary authority for maritime security in the Philippines.
• Various agencies have specific roles and responsibilities under the ISPS Code.
• Compliance and performance monitoring are critical, with a system for imposing sanctions on violations.
• An updated National Security Program must be submitted within 60 days, and funding will be allocated accordingly.
• Implementing rules must be established within 30 days, and the EO is effective immediately.