As a state, the Philippines has the right to enact its own laws, a senior state counsel said, emphasizing that the effectivity of the law does not depend on whether or not other countries, like China, recognize it.
On Friday, Nov. 8, President Marcos signed into law the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act, which reaffirm the country's rights over maritime zones.
The Philippine Maritime Zones Act declares the Philippine sovereignty and defines sovereign rights over the maximum extent of its maritime zones, while the Philippine Archipelagic Sea Lanes Act ensures the protection of the country’s sovereignty and maritime domain by designating the routes and areas that shall be utilized and accessed by foreign military vessels and foreign-registered aircraft.
"What if another state does not recognize our law? As a state, you have a right to enact your own laws. And these laws of yours would be effective even though other states do not recognize your law," Department of Justice (DOJ) senior state counsel Attorney Fretti Ganchoon said in a Palace briefing following the signing of the laws.
"So the effectivity of your law does not depend on the recognition of other states," Ganchoon added.
She stressed that the Republic Act 12064, otherwise known as the Philippine Maritime Zones Act, declares the complete set of the country's maritime zones, namely the internal waters, the archipelagic waters, the territorial sea, the contiguous zone, the exclusive economic zone, and the continental shelf.
Ganchoon underscored that the law would give clarity to the enforcement of the Philippines' law that is compliant to the United Nations Convention on the Law of the Sea (UNCLOS).
"And the law specifically delineates the boundaries or the extent of this maritime zone. So this would help our law enforcement agencies in the enforcement of our pertinent maritime laws in our maritime zones. So this would give clarity to the enforcement of our laws, especially in the West Philippine Sea," she said.
The senior state counsel further explained that the Philippine Maritime Zones Act's main objective is to align and update existing laws "because we do have existing laws on maritime zones, but these are outdated laws" which causes confusion.
"These are old laws that were issued before the 1980s United Nations Convention on the Law of the Sea. So, and also we don't have a complete set of maritime zones. So, it's the primary objective, I think, of this law is to make sure that all of our existing laws related to maritime zones are updated and are consistent with UNCLOS," Ganchoon said.
"And this would also guide all our agencies when they perform their functions in the West Philippine Sea. Kasi at present, there's a lot of confusion with respect to our existing laws. We should put to rest all of those confusions," she added.
PH not inciting conflict with new laws
By enacting the new laws, the Philippines is not inciting conflict with other countries, but to clarify and update the Philippine maritime laws, especially those provisions that are inconsistent with UNCLOS.
"Our purpose there is not to fight with other states. That's not our purpose here. The issuance or the enactment of the Maritime Zones Law. The purpose really is to provide clarity to our existing laws," Ganchoon said.
According to the DOJ official, the country's existing laws before the Philippine Maritime Zones Act, "are fragmented, they are not integrated, they are outdated, and some of their provisions are inconsistent with UNCLOS."
"Isn't it that we make sure that all of our actions are consistent with UNCLOS. But there are some laws that are existing in our legal system that are not consistent with UNCLOS. But with this Philippine Maritime Zones Act, all of our laws now relating to maritime zones are consistent with UNCLOS. So that's the purpose of this law," she said.
Asked if the new laws would prevent diplomatic protests, Ganchoon said it is not the main objective of the law, adding that it will continue to be filed whenever there is a violation committed by other parties.
"I don't think that's the effect. Because why do you file diplomatic protest? You file diplomatic protest if there's a violation of your sovereignty, sovereign rights, and jurisdiction rights. So if other states do not agree that we have rights there, they would continue to violate our sovereign rights. For example, in the West Philippine Sea," she said.
"But diplomatic protests, you know, if somebody is violating your right, then it's quite a diplomatic protest can continue," she added.
New PH map
National Mapping and Resource Information Authority (NAMRIA) Administrator Peter Tiangco said they have already prepared the new map of the Philippines, and is only awaiting the implementing rules and regulation (IRR) before they can release it.
"Actually, we already have prepared the delineation of maritime zones and archipelagic ceilings. We are just awaiting and anticipating the issuance of the IRR, the Implementing Rules and Regulations, for us to fine-tune the same and to finally publish the map," Tiangco said.
The new map, he said, will include all the areas where the country has sovereignty and sovereign rights.
Meanwhile, the Philippine Archipelagic Sea Lanes Act will have to be approved by the International Maritime Organization.
"This is the only law that I have encountered that would have to be approved by another authority and that is the international Maritime Organization...So, immediately after the effectivity of this, I am now referring to 12065, we have to submit that to the IMO, tutukan iyon (it will be reviewed), six months, there is a six-month period for the IMO to decide whether approved or not," said Senator Francis Tolentino, the sponsor of the Philippine Maritime Zones Act.
The Maritime Zones Law, he added, it will be sent to the Secretariat of UNCLOS, as well as the United Nations General Assembly for its imprimatur 15 days upon approval. It does not need approval, he said. They will only have to notify the UN.