MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
[ EXECUTIVE ORDER NO. 57, March 25, 2024 ]
STRENGTHENING THE PHILIPPINES' MARITIME SECURITY AND MARITIME DOMAIN AWARENESS
WHEREAS, Section 7, Article II of the Constitution provides that national sovereignty, territorial integrity, national interest, and the right to self-discrimination are paramount considerations of the Philippines in its relations with the international community;
WHEREAS, Section 2, Article XII of the Constitution provides that the State shall protect the nation's marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens;
WHEREAS, the Philippines, as an archipelagic State, exercises sovereignty, jurisdiction and sovereign rights over its maritime zones in accordance with the United Nations Convention on the Law of the Sea (UNCLOS) and Republic Act (RA) No. 9522 or the "Philippine Baselines Law;"
WHEREAS, EO No. 57 (s. 2011) established the National Coast Watch System (NCWS) as the central inter-agency mechanism for a coordinated and coherent approach in addressing maritime issues, enhances maritime security operations, and improved governance in the country's maritime domain;
WHEREAS, EO No. 57 created the following: (a) National Coast Watch Council (NCWC) to provide strategic direction and policy guidelines for NCWS to provide strategic direction and policy guidelines for NCWS maritime security operations, and multinational and cross-border cooperation on maritime security; (b) MCWC Secretariat to render technical and administrative support to the Council, and (c) National Coast Watch Center to implement and coordinate overall maritime security operations;
WHEREAS, Memorandum Circular (MC) No. 94 (s. 2016) established the National Force for the West Philippines Sea (NTF-WPS) to orchestrate and synchronize the employment of the capabilities of different national government agencies to achieve unified action in the WPS;
WHEREAS, despite efforts to promote stability and security in our maritime domain, the Philippines continues to confront a range of serious challenges that threaten not only the country's territorial integrity, but also the peaceful existence of Filipinos, including their fundamental right to live in peace and freedom, free from fer of violence and threat;
WHEREAS, the Philippines is committed to upholding the freedom of navigation and overflight in accordance with the UNCLOS, and recognizes the importance of addressing challenges to its sovereignty, sovereign rights, and maritime jurisdiction in a manner consistent with its rights and obligations under international law;
WHEREAS, strengthening the country's maritime security and domain awareness is imperative to comprehensively tackle the crosscutting issues that impact the nation's national security, sovereignty, sovereign rights, and maritime jurisdiction over its extensive maritime zones;
WHEREAS, Section 31, Chapter 10, Title 11 of EO No. 292 provides that the President, in order to achieve simplicity, economy and efficiency, shall have the continuing authority to reorganize the administrative structure of the Office of the President; and
WHEREAS, Section 17, Article VII of the Constitution vests in the President the power of control over all executive departments, bureaus and offices, and the mandate to ensure faithful execution of laws;
NOW, THEREFORE, I, FERDINAND R. MARCOS, JR., President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:
Section 1. Coverage. Subject to existing laws, rules and regulations, and except as provided in relevant Presidential; issuances, this Order shall cover the following areas:
a. "Maritime Domain" - all areas and things of, on, under, relating to, adjacent to, or bordering on an ocean, sea, or other bodies of water, including all maritime related activities, infrastructure, people, cargo and vessels and other conveyances. It includes the maritime zones such as internal waters, territorial sea, contiguous zone, exclusive economic zone and continental shelves;
b. "Maritime Security" - protection and conservation of the country's marine assets, maritime practices, territorial integrity, and coastal peace and order. The concept of maritime security is all encompassing to include military, socio-economic, environmental, and political concerns, among others; and
c. "Maritime Domain Awareness" - effective understanding of anything associated with the maritime domain that could impact the sovereignty and sovereign rights, security, safety, economy, or environment of the country.
Section 2. National Maritime Council. The National Coast Watch Council is hereby renamed and reorganized as the National Maritime Council ("Council"). The Council shall be composed of the following:
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Executive Secretary |
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Secretary, Department of National Defense |
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Secretary and National Security Adviser, National Security Council.; |
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Secretary, Department of Agriculture; |
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Secretary, Department of Energy; |
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Secretary, Department of Environment and Natural Resources; |
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Secretary, Department of Foreign Affairs (DFA); |
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Secretary, Department of Finance; |
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Secretary, Department of the Interior and Local Government; |
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Secretary, Department of Justice (DOJ); |
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Secretary, Department of Transportation; |
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Solicitor General, Office of the Solicitor General; and |
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Director-General, National Intelligence Coordinating Agency. |
The Council shall meet quarterly, and at such other times as the Chairperson may deem necessary or appropriate.
Section 3. Powers and Functions of the Council. The Council shall replace the NCWC under EO No. 57 as the central body-in-charge of formulating policies and and strategies to ensure a unified, coordinated and effective governance framework for the country's maritime security and domain awareness. Towards this ends, the Council shall have the following powers and functions:
a. Exercise overall jurisdiction and direction on policy-formulation, implementation and coordination with other government agencies, experts and organizations, both foreign and local, on all issues affecting the country's maritime security and domain awareness;
b. Provide strategic direction and policy guidance for maritime security operations of the National Maritime Center and its support agencies, and multinational and cross-border cooperation on maritime security and domain awareness;
c. Recommend to the President policies and procedures in managing and securing the country's maritime domain, as well as the issuance of administrative rules and regulations to enhance and strengthen maritime security and domain awareness;
d. Formulate and adopt national strategies for specific maritime concerns within the jurisdiction of the Council;
e. coordinate and oversee the implementation of the National Marine Policy, which shall henceforth be referred to as the "National Maritime Security Policy and Strategy," and periodically review and update the same as may be necessary in light of national and international developments;
f. Harmonize capability plans and fund requirements relative to maritime security and domain awareness;
g. Harmonize and coordinate the roles and relationships of different government agencies, pursuant to their mandates, on maritime security, domain awareness and governance frameworks as may be determined by the Council;
h. As may be necessary, create, convene and reorganize committees, national and area task forces, and/or working groups to assist in the performance of its functions, subject to existing laws, rules, and regulations; and
i. Perform such other functions as may be deemed necessary by the Chairperson for the Effective discharge of its mandate or as may be directed by the President.
Section 4. Presidential Office for Maritime Concerns. The NCWC Secretariat shall be renamed as the Presidential Office for Maritime Concerns (POMC). The POMC shall perform the following functions:
a. Provide consultative, research, administrative and technical services to the Council, and ensure the efficient and effective implementation of the policies of the Council;
b. Assist the Council in proposing and reviewing legislative and administrative issuances on maritime security and domain awareness;
c. Provide assistance to the committees, national and area task forces, and working groups created by the Council, including the provision for administrative, technical and secretariat support;
d. Coordinate with the National Maritime Center, through the Philippine Coast Guard (PCG), regarding the implementation of this Order, as well as any directive, instruction, or policy guidance on maritime security and domain awareness issued by the President, Executive Secretary, or the Council; and
e. Perform such other functions and tasks as the Council and/or the President may direct.
The Presidential Assistant for Maritime Concerns (PAMC) may report directly to the President on critical and urgent matters and issues affecting the country's maritime security and domain awareness.
The PAMC shall replace the Executive Director as Head of the NCWC Secretariat. In this regard, the PAMC shall utilize the existing office and organizational structure and staffing pattern of the NCWC Secretariat as the new POMC.
Section 5. National Maritime Center. In accordance with the strategic direction and policy guidance issued by the Council, the National Coast Watch Center, which is hereby renamed as the National Maritime Center, shall implement and coordinate maritime security operations. It shall further perform the following functions:
a. gather, consolidate, synthesize and disseminate information relevant to the country's maritime security and domain awareness.
b. Develop and maintain effective communications and information systems to enhance inter-agency coordination on maritime security and domain awareness;
c. Coordinate the conduct of maritime surveillance upon the request of a member-agency or when an exigency arises;
d. Monitor, evaluate, document and report on the conduct of maritime security operations;
e. When so authorized by the Council, and in coordination with the DFA, coordinate and initiate cross-border and multinational maritime security cooperation;
f. Coordinate support for the prosecution of apprehended violators;
g. Conduct periodic assessments on maritime security and domain awareness, and develop a common operating picture to enhance maritime situational awareness; and
h. Perform such other functions as may be directed by the Executive Secretary or the Council.
The National Maritime Center shall remain under the leadership of the PCG.
Section 6. Support Agencies. The following agencies are hereby directed to render full support and assistance to the Council, POMC and the National Maritime Center, in accordance with the policy direction of the Council:
a. PCG;
b. Armed Forces of the Philippines;
c. Philippine National Police;
d. DOJ-National Prosecution Service;
e. Bureau of Customs;
f. Bureau of Immigration;
g. National Bureau of Investigation;
h. Bureau of Fisheries and Aquatic Resources;
i. Philippine Center on Transnational Crime;
j. Philippines Drug Enforcement Agency;
k. National Mapping and Resource Information Authority;
l. Philippine Space Agency; and
m. University of the Philippines - Institute for Maritime Affairs and Law of the Sea.
For this purpose, the Executive Secretary or the Council may, through the PAMC, direct, order and mobilize the support and assistance of government agencies as may be deemed necessary.1aшphi1
The roles and responsibilities of each of the support agencies in the conduct of maritime security and enforcement operations, as well as provision of manpower, equipment and material support, shall be set forth in the rules and regulations to be promulgated by the Council: Provided, that, nothing in this Order shall diminish the mandates, functions and responsibilities of the above support agencies under their respective charters.
All other government agencies are directed to actively coordinate and cooperate with the Council and support the operations of the National Government to ensure the country's maritime security and domain awareness.
Section 7. Authority to Accept Assistance and/or Donations. The National Maritime Center is hereby authorized to accept donations, contributions, grants, bequests or gifts from domestic or foreign sources, for purposes relevant to their mandates and functions, subject to existing laws, rules and regulations.
Section 8. MTF-WPS. Subject to Section 3 hereof, the NTF-WPS, created under MC No. 94, shall be attached to the Council and shall receive policy guidance from the President through the Council. The PAMC shall be included as an additional Member of the NTF-WPS as the representative of the Council.
The NTF-WPS shall orchestrate, synchronize, and operationalize the employment of the capabilities of different government agencies to achieve unified action in the WPS.
Section 9. Funding. The funds necessary for the implementation of this Order shall be charged against current and available appropriations of concerned agencies, subject to pertinent budgeting, accounting, and auditing laws, rules and regulations. Thereafter, the funding requirements for succeeding years shall be included in the annual General Appropriations Act, subject to the usual budget preparation process.
Section 10. Implementing Guidelines. Within sixty (60) days from the effectivity of this Order, the Council shall formulate and issue guidelines for the effective implementation of this Order. The Implementing Guidelines shall include a transition plan for the transfer and administration of properties, equipment and facilities from the NCWC, MCWC Secretariat, National Coast Watch Center, and its regional offices, to the National Maritime Council, POMC and National Maritime Center, as may be applicable.
Section 11. Report. The POMC shall submit an annual report to the Office of the President, through the Office of the Executive Secretary, on the implementation of this Order, as well as the operations of both the Council and the National Maritime Center.
Section 12. Separability. If any part or provision of this Order shall be held invalid or unconstitutional, the provisions not affected thereby shall remain in full force and effect.
Section 13. Repeal. With the exceptions of Proclamation No. 72 (s. 2001), this Order hereby repeals EO No. 57, and amends relevant provisions of MC No. 94. All other issuances, orders, rules and regulations, or parts thereof, that are inconsistent with this Order, are hereby repealed or modified accordingly.
Section 14. Effectivity. This Order shall take effect immediately upon publication in the Official Gazette or in a newspaper of general circulation.
DONE, in the City of Manila, this 25th day of March, in the year of our Lord, Two Thousand and Twenty-Four.
(Sgd.) FERDINAND R. MARCOS, JR.
By the President:
(Sgd.) LUCAS P. BERSAMIN
Executive Secretary
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