Tolentino: Laws securing WPS have to be ratified internationally

Reelectionist Sen. Francis Tolentino vows to push for amendments to the Philippine Fisheries Code to restore protection for marginal fisherfolk, including the blue crab producers of Negros Occidental.

SAN JOSE DEL MONTE, Bulacan — It will be a waiting game for the formalization of Philippine laws that seek to protect the West Philippine Sea (WPS) and other territorial waters as these have to be ratified internationally, Senator Francis Tolentino said on Friday.

During the Alyansa Para sa Bagong Pilipinas press conference here, Tolentino appealed for patience as Republic Act No. 12064, or the Philippine Maritime Zones Act and R.A. No. 12065, or the Philippine Archipelagic Sea Lanes Act, were just approved recently by President Ferdinand Marcos.

“We have just passed the law last November 8, 2024 … So it’s just February now, so that aligns with my explanation before that it will take some time for the full implementation of the twin laws to be felt. First of all, the Philippine Maritime Zones Law will have to be submitted to the United Nations. Their next session will be held in June. So when we submit that, it will be discussed by June,” he explained in Filipino.

“The Archipelagic Sea Lanes Law should be approved by the International Maritime Organization (IMO) based in London. So their session, I know, is set every quarter. Teddy Boy Locsin is focused there. So we are waiting if somebody will oppose it because like what happened to Indonesia during that time, Australia raised an opposition so their Sea Lanes Law took some time,” he added.

READ: Marcos signs laws charting PH maritime zones, sea lanes

According to Tolentino, he has been telling the people that the implementation of these laws would not be immediate, as the approval of other countries is needed.

“That’s why I am saying before that this is not implementable when we approve the law. These are the only laws, especially the Archipelagic Sea Lanes Law, which I saw that would necessitate approval from other countries. But if these get the nod of the IMO, the Sea Lanes Law, that’s a big thing for us,” he explained in Filipino.

The Philippine Maritime Zones Act establishes the actual jurisdiction of the country based on laws and international rulings, which means the following will now be included as part of the country’s maritime zones:

• internal waters
• archipelagic waters
• territorial sea
• contiguous zone
• exclusive economic zone (EEZ)
• continental shelf

The Philippine Archipelagic Sea Lanes Act, meanwhile, designates the country’s archipelagic sea lanes or the routes that foreign vessels and aircraft can take when they are in Philippine jurisdiction.

Under the law, foreign ships and aircraft will be allowed to pass through the designated sea lanes as quickly as possible for the sole purpose of “continuous, expeditious, and unobstructed transit.”

They would also be directed to refrain from using any threat or force that would go against the “sovereignty, territorial integrity or political independence of the Republic of the Philippines.”

Tolentino said when these laws are ratified by international organizations, intrusive and aggressive activities in the WPS would no longer be without legal consequences.

“What happened last week where we have fisherfolk missing in Zambales, which we have not seen up to now, would not happen again.  There would be no repeat of what happened previously, where the fisherfolk from Naic, only five were able to come home because the big ships would only be allowed to move through the sea lanes,” he said.

“Also, the helicopters from China should be above the sea lanes. They can no longer do the dangerous maneuvers done against the BFAR (Bureau of Fisheries and Aquatic Resources) which happened a week ago.  So wait for the full implementation of the law,” he added.

Last February 18, a Chinese military helicopter came as close as three meters above the BFAR plane which was conducting a maritime patrol of the Panatag Shoal in the WPS.

The Philippine Coast Guard said it was the closest that a Chinese chopper had been to a Philippine aircraft in the WPS, or the waters within the Philippines’ 370-kilometer exclusive economic zone.

READ: Chinese PLA Navy chopper gets as close as 3 meters to BFAR plane

Tensions over the WPS are high again after this incident, which comes weeks after the PCG spotted four Chinese vessels near Bajo de Masinloc, including Chinese Coast Guard vessel 5901, the so-called “monster ship.”

READ: PCG spots ‘monster ship,’ more China vessels at Bajo de Masinloc

President Ferdinand Marcos Jr. said that while the Philippines could not drive off Chinese ships, maritime patrols would not stop.