President Marcos Jr. Signs Executive Order Strengthening Philippine Maritime Security Policy Amid Chinese Aggression in West Philippine Sea
April 2, 2024
President Ferdinand Marcos Jr. recently issued an executive order to strengthen Philippine maritime security policy following the latest Chinese aggressive actions against Philippine vessels in the West Philippine Sea. The issuance details the designation of a National Maritime Center (NMC), which shall specify the roles of pertinent government agencies and accept local and foreign donations or aid for maritime security efforts or “purposes relevant to their mandates and functions.” Assistant Director General Jonathan Malaya of the National Security Council stated that while the Philippines seeks to strengthen its maritime security, the government remains committed to finding diplomatic solutions over issues in the West Philippine Sea. The official also mentioned that going to war is not in the interest of the Philippines, nor the United States, China, and other parties.
Known allies of former President Rodrigo Duterte – including Senator Imee Marcos, President Marcos Jr.’s sister and chair of the Senate Committee on Foreign Relations and former Presidential Spokesperson Harry Roque – have expressed their apprehension of the incumbent government’s maritime security efforts in addressing the territorial dispute with China. Nonetheless, other lawmakers have welcomed the development and have expressed their support for the initiative. A Philippine maritime law expert also believes that the new council is crucial in responding to maritime issues, as well as strengthening maritime security and maritime domain awareness.
Executive Order 57: Strengthening PH Maritime Security and Maritime Domain Awareness
President Marcos Jr. signed Executive Order 57, s. 2024 on Monday, March 25, two days after the China Coast Guard launched a water cannon assault against a Philippine supply boat en route towards Ayungin Shoal. Malacañang disclosed this development to the media on Sunday, March 31, as the country “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 fear of violence and threat.”
Through the executive order, the National Coast Watch Council (NCWC) is renamed and reorganized into the National Maritime Council (NMC), which shall oversee the implementation of the Philippines’ national maritime security policy. The council, chaired by Executive Secretary Lucas Bersamin, is primarily tasked to formulate guidelines for the implementation of the executive order, including the specific roles of each pertinent agency, within 60 days from its effective date or before the end of May.
The members of the NMC comprise executive-level officials including the secretaries of the National Security Council, Department of National Defense, Department of Foreign Affairs, Department of Finance, Department of Agriculture, Department of Energy, Department of Environment and Natural Resources, Department of the Interior and Local Government, and Department of Transportation. Meanwhile, support agencies to the council mostly include heads of security and law enforcement agencies (Philippine Coast Guard, Armed Forces of the Philippines (AFP), Philippine National Police, Bureau of Customs, Bureau of Immigration, National Bureau of Investigation, Philippine Center for Transnational Crime, and Philippine Drug Enforcement Agency), as well as other pertinent agencies (Bureau of Fisheries and Aquatic Resources and National Mapping and Resource Information Authority).
The NCWC Secretariat was also renamed as the Presidential Office for Maritime Concerns (POMC), now chaired by former AFP Chief-of-Staff Andres Centino. The office is tasked to provide consultative, research, and administrative technical services to the NMC. For his part, the POMC head must directly report critical and urgent matters and issues affecting the country’s maritime security to President Marcos Jr. Meanwhile, the existing National Task Force for the West Philippine Sea (NTF-WPS) shall be attached to the NMC and will receive policy guidance from the President through the council.
PCG Spokesperson Rear Admiral Armando Balilio stated that the PCG’s function in maintaining the government’s presence in the West Philippine Sea remains the same, although the PCG might ‘step up its operations’ amid Chinese aggression in the area. In a media interview on Sunday, Rear Admiral Balilio said that “Our job will still be the same. But because of the [latest aggression] incident, we might step up our operations, especially our maritime domain awareness, not only in the Ayungin area (Palawan) where there is always trouble, but also in other areas, including Bajo de Masinloc (Zambales).”
Former Administration Allies: Concerns Over Foreign Interference, Disregard for ‘Gentleman’s Agreement’ Trigger China’s Aggression in WPS
Known allies of former President Rodrigo Duterte have expressed their apprehension of the incumbent government’s maritime security efforts in addressing the territorial dispute with China. These include Senator Imee Marcos, President Marcos Jr.’s sister and chair of the Senate Committee on Foreign Relations and former Presidential Spokesperson Harry Roque –The former administration’s foreign policy towards China was regarded as a friendly one despite the territorial dispute in the West Philippine Sea.
In a statement on Monday, April 1, Senator Imee Marcos said that “Emotion rather than reason has prevailed in our maritime conflict with China and is leading us down a dangerous path that will cost us more than just Filipino pride.” The senator also raised concerns over the possibility of foreign interference through the NMC or National Maritime Council, as part of the NMC’s functions is to “accept donations, contributions, grants, bequests or gifts from domestic or foreign sources for purposes relevant to their mandates and functions. Senator Marcos also stated that “There is no shame in pursuing peace. Whatever action that may put any Filipino in danger is a gross irresponsibility and must be avoided at all costs.”
Prior to the issuance of the executive order, former Presidential Spokesperson Harry Roque blamed the Marcos administration for not respecting the alleged “gentleman’s agreement” between former President Duterte and Chinese President Xi Jinping, effectively triggering China’s aggressive actions in the West Philippine Sea. The alleged agreement was that the Philippine government will not make any improvements to the BRP Sierra Madre, its outpost in the Ayungin Shoal. This claim was, however, refuted by Salvador Panelo, chief presidential counsel of former President Duterte who may be considered as an ally of both administrations. In a statement issued this morning, Defense Secretary Gilberto Teodoro Jr. downplayed this alleged “gentleman’s agreement” and reiterated that the Chinese government’s illegal activities remain the “main threat to [Filipinos’] rights in the West Philippine Sea.”
Malacañang Earns Support of Lawmakers; PH Maritime Law Expert Says EO Issuance is a Crucial Effort for Maritime Security
Lawmakers welcomed the issuance of the executive order and likewise expressed their doubts over the alleged “gentleman’s agreement” between former President Duterte and Chinese President Xi. Senator Risa Hontiveros expressed her dismay over President Duterte’s friendly relations towards Beijing but stated that President Marcos Jr.’s decision to rescind any concessions is what matters. Senator Jinggoy Estrada was doubtful of the alleged agreement, as such an initiative “would have gone through a thorough policy-making process” if it indeed occurred. Additionally, Senate Majority Leader Joel Villanueva filed a resolution yesterday strongly condemning the China Coast Guard and Chinese Maritime Militia’s “unprovoked aggression, continued harassment, and illegal and dangerous actions in the West Philippine Sea” in support of the administration’s efforts.
In a media interview yesterday, Atty. Jay Batongbacal of the University of the Philippines Institute for Maritime Affairs and Law of the Sea also welcomed the issuance of the executive order. According to Professor Batongbacal, “[The EO] has been on the discussion for several months and it is good that it was finally approved. This is a crucial effort for the coordination of policies, decisions, activities, and programs of different agencies.” Professor Batongbacal further added that “It is good that the government has recognized the lapses in previous mechanisms and continuing problems of coordination and has decided to address it.”