In 2015, Zambales followed Provincial Ordinance 28 (PO28), which authorized the established order of “a coast watch surveillance and tracking system in all ports and provincial waters of the Province.” Through a memorandum of agreement signed on April thirteen, 2015, a Canadian company called Xanatos become to offer the essential equipment, set up, and operation services for the gadget.
Xanatos agreed to provide the equipment and offerings without charge to the province, with revenue to be amassed from ships “using the machine” and shared between the provincial authorities and the business enterprise.
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The opinion of the DOJ turned into sought by way of Jose Luis M. Alano, government director of the National Coast Watch Council (NCWC) secretariat.
The DOJ rejected PO28 in robust phrases, mentioning that, “it violates the 1987 Constitution, Republic Act (RA) No. 7160 (the Local Government Code), RA No. 9993 (Philippine Coast Guard Law of 2009), Presidential Decree No. 857, as amended via Executive Order (EO) No. 513, S. 1978 and EO No. 159, s. 1987 (Providing for the Creation/Reorganization of the Philippine Ports Authority), and EO No. Fifty seven, s. 2011 (Establishing a National Coast Watch System).”
The DOJ explained that the province could not usurp powers and obligations already given to the Philippine Coast Guard, Philippine Ports Authority, and the National Coast Watch Council through the various legal guidelines and executive orders cited.
In addition, the DOJ stated that via PO28, the provincial government was trying to exercise the authority of the national authorities below the United Nations Convention at the Law of the Sea (UNCLOS) with appreciate to the gathering of costs from overseas vessels passing via provincial waters. Under the UNCLOS, no kingdom may levy prices towards a overseas deliver for purpose of its definitely transiting territorial waters.
Xanatos agreed to provide the equipment and offerings without charge to the province, with revenue to be amassed from ships “using the machine” and shared between the provincial authorities and the business enterprise.
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The opinion of the DOJ turned into sought by way of Jose Luis M. Alano, government director of the National Coast Watch Council (NCWC) secretariat.
The DOJ rejected PO28 in robust phrases, mentioning that, “it violates the 1987 Constitution, Republic Act (RA) No. 7160 (the Local Government Code), RA No. 9993 (Philippine Coast Guard Law of 2009), Presidential Decree No. 857, as amended via Executive Order (EO) No. 513, S. 1978 and EO No. 159, s. 1987 (Providing for the Creation/Reorganization of the Philippine Ports Authority), and EO No. Fifty seven, s. 2011 (Establishing a National Coast Watch System).”
The DOJ explained that the province could not usurp powers and obligations already given to the Philippine Coast Guard, Philippine Ports Authority, and the National Coast Watch Council through the various legal guidelines and executive orders cited.
In addition, the DOJ stated that via PO28, the provincial government was trying to exercise the authority of the national authorities below the United Nations Convention at the Law of the Sea (UNCLOS) with appreciate to the gathering of costs from overseas vessels passing via provincial waters. Under the UNCLOS, no kingdom may levy prices towards a overseas deliver for purpose of its definitely transiting territorial waters.
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