Title
Supreme Court
Strengthening Philippines Maritime Security EO
Law
Executive Order No. 57
Decision Date
Mar 25, 2024
Ferdinand R. Marcos Jr. strengthens maritime security and domain awareness by reorganizing the National Coast Watch System into the National Maritime Council, enhancing inter-agency coordination and governance to protect the Philippines' territorial integrity and marine resources.

Law Summary

Historical Framework and Institutional Mechanisms Established

  • EO No. 57 (2011) established the National Coast Watch System (NCWS) for coordinated maritime security and governance.
  • Created the National Coast Watch Council (NCWC) for strategic direction, the MCWC Secretariat for administrative support, and the National Coast Watch Center for operational coordination.
  • MC No. 94 (2016) created the National Task Force for the West Philippine Sea (NTF-WPS) to synchronize government agency efforts in territorial waters.

Current Challenges and National Commitment

  • Despite institutional efforts, maritime security threats persist affecting sovereignty, safety, and peaceful existence.
  • The Philippines commits to uphold freedom of navigation and territorial rights in accordance with international law and UNCLOS.
  • Recognizes the necessity to enhance maritime security and domain awareness to address crosscutting national security and sovereignty concerns.

Presidential Authority and Reorganization

  • Cites the President's constitutional power to reorganize executive departments and ensure faithful execution of laws.
  • EO No. 57 is repealed and restructured to enhance efficiency and coordination among maritime security agencies.

Definition and Scope of Coverage

  • Maritime Domain: Includes all areas related to oceans and seas, including maritime zones (internal waters, territorial sea, contiguous zone, EEZ, continental shelves), and related activities and infrastructures.
  • Maritime Security: Encompasses protection of marine resources, territorial integrity, and coastal peace, including military, socio-economic, environmental, and political aspects.
  • Maritime Domain Awareness: Entails comprehensive understanding of maritime activities impacting sovereignty, security, economy, and environment.

National Maritime Council Composition and Functions

  • The NCWC is renamed as the National Maritime Council, comprising key Cabinet members, national security advisers, and law enforcement agencies.
  • Meets quarterly or as needed, responsible for policy formulation and unified maritime governance.
  • Powers include policy direction, strategic guidance, recommending policies to the President, harmonizing capability plans, coordinating inter-agency roles, and establishing committees/task forces.

Presidential Office for Maritime Concerns (POMC)

  • NCWC Secretariat renamed as POMC, serving as technical and administrative arm of the Council.
  • Functions involve research, legislative proposals, administrative support, coordination with the National Maritime Center, and direct reporting to the President for urgent issues.
  • Headed by the Presidential Assistant for Maritime Concerns (PAMC), replacing the former Executive Director.

National Maritime Center and Operational Coordination

  • National Coast Watch Center renamed as National Maritime Center under Philippine Coast Guard leadership.
  • Functions include information gathering and dissemination, maintaining communication systems, coordinating maritime surveillance, monitoring operations, facilitating multinational cooperation, and supporting prosecutions.

Support Agencies and Inter-Agency Cooperation

  • Directs full cooperation from several key agencies including PCG, Armed Forces, PNP, DOJ, Bureau of Customs, and other law enforcement and resource management bodies.
  • Defines that mandates of these agencies remain unaltered; coordinates through the Council and PAMC for unified action.

Authority to Accept Assistance and Donations

  • National Maritime Center authorized to receive donations and grants from domestic and foreign sources for maritime security purposes, subject to applicable laws.

Integration of NTF-WPS into the Council Framework

  • The NTF-WPS is attached to the Council to receive policy guidance and be represented by the PAMC.
  • Tasked to synchronize government agency capabilities for unified maritime action in the West Philippine Sea.

Funding and Budget Provisions

  • Implementation funded from current appropriations of concerned agencies.
  • Future funding included in the General Appropriations Act following standard budget processes.

Implementation and Transition Guidelines

  • The Council shall issue guidelines within 60 days of effectivity to ensure orderly transition of resources and operational control from previous entities to the new structure.

Reporting, Separability, and Repeal

  • POMC required to submit annual reports on implementation and operations to the Office of the President.
  • Any invalid provisions do not affect the overall validity of the Order.
  • EO No. 57 (2011) and parts of MC No. 94 (2016) amended or repealed accordingly.

Effectivity

  • The Order takes effect immediately upon publication in the Official Gazette or a newspaper of general circulation.

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