By: Atty. Gregorio B. Austral, CPA
The Philippine Maritime Zones Act: Declaring what belongs to us
At the height of the conflict in the West Philippine Sea, the Philippines passed Republic Act No. 12064, or the Philippine Maritime Zones Act.
The law specifically defines the maritime zones of the Philippine archipelago. In accordance with the 1987 Constitution and international law, particularly, the 1982 United Nations Convention on the Law of the Sea (UNCLOS):
(a) The maritime zones of the Philippine archipelago is composed of the internal waters, archipelagic waters, territorial sea, contiguous zone, Exclusive Economic Zone (EEZ), and continental shelf; and
(b) All other territories over which the Philippines has sovereignty or jurisdiction likewise have their respective maritime zones, as appropriate.
The maritime zones of the Philippines on the western side of the Philippine archipelago, including the Luzon Sea and the territorial seas of Bajo de Masinloc and the maritime features of the Kalayaan Island Group, shall be collectively called the West Philippine Sea.
The new law also identifies clearly the baselines of the Philippines pursuant to Republic Act No. 9522, titled “An Act to Amend Certain Provisions of Republic Act No. 3046, as Amended by Republic Act No. 5446, to Define the Archipelagic Baselines of the Philippines, and for Other Purposes,” which are the following:
(a) Archipelagic baselines for the Philippine archipelago, drawn in accordance with Article 47 of the UNCLOS; and
(b) Normal or straight baselines, as appropriate, for all other territories over which the Philippines has sovereignty or jurisdiction, drawn in accordance with Articles 5, 6, 7, 13, and 121 of the UNCLOS.
Consistent with the Constitution, the Philippines has sovereignty over all the waters inside its archipelagic baselines as established by Republic Act No. 9522, as well as all the waters on the landward side of the baselines of all Philippine territories located outside of the archipelagic baselines, including the airspace above these waters and the seabed and subsoil underneath.
The exercise of sovereignty by the Philippines over these waters is subject to its international obligations as provided in the UNCLOS and other relevant treaties to which the Philippines is a Party.
The enactment of the law has reportedly angered Beijing, which summoned the Philippine ambassador to relay its “strong protest.”
The new law is a good start in bolstering our claim over the disputed waters. However, there is still a long way to go before other countries, especially China, which aggressively claims the disputed territory as its own, will recognize and respect our rights.