Constitutional and policy anchors
- Article XII, Section 2 of the 1997 Constitution requires the State to protect the nation’s marine wealth in archipelagic waters, territorial sea, and exclusive economic zone, and reserve use and enjoyment exclusively to Filipino citizens.
- Article II, Section 16 of the 1997 Constitution directs the State to protect and advance the right of the people to a balanced and healthful ecology.
- Article XIII, Section 7 of the 1997 Constitution requires protection of subsistence fishermen and preferential use of communal marine and fishing resources, with support and conservation extending to offshore fishing grounds against foreign intrusion.
- Executive Order No. 132 directs government maritime and ocean administration toward integrated and coordinated management, including coordination to efficiently exercise jurisdiction and administer ocean and maritime concerns.
Principles guiding maritime and ocean action
- Section 1 declares that government decisions and actions on national and international maritime and ocean affairs must follow a national maritime policy.
- Section 1 requires that in pursuing sustainable development, interactions of terrestrial and marine resource uses in an archipelagic setting must be recognized and used to encourage mutual support among resource users.
- Section 1 mandates that the country give utmost priority to developing and enhancing national capabilities to control, utilize, protect, manage, and conserve marine resources.
Cabinet Committee on Maritime and Ocean Affairs
- Section 2 creates the Cabinet Committee on Maritime and Ocean Affairs (CABCOM-MOA).
- The Secretary of Foreign Affairs serves as Chairman of the CABCOM-MOA.
- The CABCOM-MOA includes as members the Executive Secretary, the Director-General of the National Security Council, and the following Cabinet secretaries: National Defense; Environment and Natural Resources; Agriculture; Socio-Economic Planning; Science and Technology; Transportation and Communications; Energy; Trade and Industry; Justice; Finance; Budget and Management; Interior and Local Government; Labor and Employment; Tourism.
- Section 2 authorizes the CABCOM-MOA, through the Chairman, to recommend to the President the appointment of additional cabinet members drawn from the Cabinet as necessary.
Core functions and committee meetings
- Section 3(a) requires the CABCOM-MOA to formulate and recommend a national maritime policy to the President.
- Section 3(b) requires the CABCOM-MOA to coordinate implementation of that policy and periodically evaluate and refine it as necessary.
- Section 3(c) requires the CABCOM-MOA to identify and develop policy options for implementing international agreements on the oceans and non-binding instruments to which the Philippines is a party or signatory.
- Section 3(d) requires the CABCOM-MOA to recommend policies, programs, and special projects to advance national interest and fulfill international commitments on sustainable use of ocean resources and marine environmental protection.
- Section 3(e) requires the CABCOM-MOA to formulate and recommend programs and special projects to enhance integrated and coordinated management of maritime and ocean interests, particularly for:
- (1) protection of the archipelago, including defense of national territory and development of national capabilities to protect marine resources;
- (2) protection, conservation, and preservation of the marine environment and ocean resources through proper management of human activities within Philippine maritime jurisdiction; and
- (3) development and promotion of Philippine interests in shipping, seafaring, fishing, extraction of mineral and energy resources, and other ocean-based industries.
- Section 3(f) requires the CABCOM-MOA to formulate programs and coordinate and/or undertake activities to promote archipelagic consciousness, especially among coastal communities.
- Section 3 requires the CABCOM-MOA to meet quarterly, or as the need arises, and authorizes it to constitute sub-committees as needed, with rules of procedure as necessary.
- Section 3 requires the CABCOM-MOA to submit a quarterly report of its activities to the President.
Technical Committee creation and tasks
- Section 4 creates the Technical Committee (TechCom) consisting of representatives of each Member of the CABCOM-MOA.
- Section 4(1) requires the TechCom to oversee implementation of CABCOM-MOA decisions and policies.
- Section 4(2) requires the TechCom to formulate and recommend decisions, policies, projects, and programs for consideration by the CABCOM-MOA.
- Section 4(3) requires the TechCom to coordinate activities of all concerned agencies implementing international agreements on maritime and ocean affairs and non-binding instruments to which the Philippines is a party or signatory.
- Section 4(4) requires the TechCom to formulate and recommend positions and strategies for maritime boundary delimitation, and for fisheries and maritime disputes settlement, and other international maritime and ocean agreements.
- Section 4 authorizes the Chairman to call on specialists and representatives of the academe, private sector, non-government organizations, and other government offices or agencies necessary to assist in policy and decision making.
Maritime and Ocean Affairs Center
- Section 5 renames, reconstitutes, and establishes the Maritime and Ocean Affairs Center from the Law of the Sea Secretariat, created under Executive Order No. 738 (1981) and designated as an attached agency of the Department of Foreign Affairs under the Revised Administrative Code of 1987.
- Section 5 declares the Center to be the “Maritime and Ocean Affairs Center” (the “Center”) and expands its functions and responsibilities.
- Section 5(a) requires the Center to act as the secretariat to the CABCOM-MOA and provide assistance and administrative support to the Chairman and the TechCom.
- Section 5(b) requires the Center to assist in developing national capabilities and human resources for maritime and ocean affairs.
- Section 5(c) authorizes the Center to undertake consultations with the TechCom or its members, government agencies, maritime and ocean sectors, non-government organizations, academe, and/or the general public on matters deemed necessary.
- Section 5(c) authorizes the Center to undertake research programs and policy studies needed by the CABCOM-MOA, including for regulatory, governmental, strategic, or security purposes.
- Section 5(c) authorizes the Center to conduct research, data gathering, information acquisition, and preparations for negotiations and other dispute settlement modes with other countries concerning overlapping maritime boundaries, fisheries, energy and mineral exploration and exploitation, and other agreements on conservation, exploration, exploitation, protection, development, and/or management of marine resources within territorial seas and exclusive economic zone and areas adjacent to the latter.
- Section 5(d) requires the Center to create and maintain, or cause to be created and maintained, a central database and information system supporting maritime and ocean policy and decision-making.
- Section 5(e) requires the Center to identify, network with, and mobilize national and/or international expertise and institutions supporting government maritime and ocean policy and decision making.
- Section 5(f) authorizes the Center to undertake activities necessary to raise archipelagic consciousness and to communicate and publicize national maritime and ocean interests and issues in a coordinated manner.
- Section 5(g) requires coordination of government agencies’ participation in relevant international fora, meetings, and conferences.
- Section 5(h) requires the Center to render a regular report to the CABCOM-MOA through its Chairman on all activities undertaken by the Center.
- Section 5(i) authorizes sourcing and availing of grants, endowments, or donations from foreign or local entities in accordance with existing laws for projects or studies implementing CABCOM-MOA policies or directives.
- Section 5 requires the Chairman of the CABCOM-MOA to appoint the Secretary-General who heads the Center, and the staff providing technical and administrative support under an Executive Director.
- Section 5 authorizes the Chairman to hire consultants and request detail or secondment of personnel from other government agencies and institutions in accordance with Civil Service law, rules, and regulations.
- Section 5 authorizes the Center to call on any department, bureau, office, or agency, including government-owned and controlled corporations, to actively assist in performing its duties and functions.
Implementing rules authority
- Section 6 requires the Secretary of Foreign Affairs, as Chairman of the CABCOM-MOA, to promulgate such rules, regulations, and other issuances as are necessary for efficient and effective implementation of the Executive Order.
Repeal and supersession
- Section 7 repeals and supersedes provisions of:
- Executive Order No. 738 (1981) establishing the Cabinet Committee on the Treaty on the Law of the Sea;
- Executive Order No. 328 (1988) reconstituting the Cabinet Committee on the Law of the Sea; and
- Executive Order No. 186 (1994) expanding the coverage of the Cabinet Committee on the Law of the Sea and renaming it as the Cabinet Committee on Maritime and Ocean Affairs,
to the extent they are inconsistent with Executive Order No. 132.