Jardeleza: New baselines law to help Coast Guard, Navy protect PH territory


The enactment of the new baselines law will help the country’s maritime law enforcers protect the Philippine seas against the intrusion of foreign vessels, retired Supreme Court associate justice Francis Jardeleza said on Monday, July 12 as the country marks the 5th year of its victory over the West Philippine Sea.

​The Philippine Coast Guard (PCG) drove away seven more foreign fishing vessels believed to be manned by Chinese and Vietnamese fishermen off Marie Louise Bank in El Nido, Palawan on Wednesday, June 30, 2021. (​Photo courtesy of the PCG)

Jardeleza said that as the Philippine Coast Guard (PCG) personnel were deployed in the tension-filled areas to conduct maritime patrol in the West Philippine Sea, the new baselines law will guide them to know the specific “meets and bounds” of the extent of the country’s territorial sea in the contested area.

“The importance of amending the baselines law is that we are now sending our Coast Guard patrol and we are fielding women officers to shoo away the intruding vessels so how will they know that the territory is part of our territorial sea,” Jardeleza told the CNN Philippines’ The Source on Monday.

“They had to have the baselines for example the Pag-asa Island, 12 territorial miles from Pag-asa Island define by law is the territorial sea of the Philippines to help our Coast Guard, Philippine Navy, and Philippine Air Force, we need urgently need to define which is our territorial sea,” he added.

The former Supreme Court associate justice cited the incident last April 27, where the PCG ships drove away seven Chinese vessels from the Sabina Shoal in the West Philippine Sea.

The female Coast Guard personnel from the PCG BRP Cabra (MRRV-4409) radio communicated with them to announce that Sabina Shoal is part of the Exclusive Economic Zone (EEZ) of the Philippines.

READ MORE: PCG ship drives away 7 Chinese militia vessels in West PH Sea

“The principle is the same if for example the Sabina Shoal is we define what is the territorial sea of Sabina shoal and we are there we say please get out of the 12 nautical miles because these belongs to us so that is a clarity, it adds clarity,” Jardaleza explained.

Jardeleza, along with international law consultant Melissa Loja and professor Romel Bagares, drafted the proposed measure to identify by name and coordinates at least 100 features being claimed and occupied in the West Philippine Sea.

The proposed measure also adopts normal baselines around each feature that qualifies as a high-tide elevation and reiterates continuing sovereignty rights over these features.

“Now is the time that we have a law to measure by specific meets and bounds the extent of our territorial sea of all the features in the contested area so that we will know which part has a territorial sea,” Jardeleza underscored.

Jardeleza served as the Solicitor General during the Aquino administration that challenged China’s excessive claims over the disputed territory.

In July 2016, the Permanent Court of Arbitration in The Hague ruled in favor of the Philippines after it nullified China’s nine-dash claim over the South China Sea.

Beijing, however, refused to recognize the tribunal’s decision and pressed ahead with its controversial reclamation works in the disputed territory.

READ MORE: 220 Chinese militia vessels spotted in West PH Sea

Last June 10, President Duterte expressed willingness to look into the proposed amendments to the country’s baselines law that supposedly aim to strengthen the nation’s claim to the West Philippine Sea.