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NATIONAL COAST WATCH SYSTEM


CORE MANUAL

2015

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Amendment Certificate
1. Proposals for amendment or additions to the text of this manual be made
through normal channels to the primary proponent, the National Coast
Watch Council Secretariat.
2. It is certified that the amendment promulgated in the under-mentioned
amendment list have been made in this manual.
Amendment List
Number
1.

Date

Amended by
(Printed Name and Initials)

2.
3.
4.
5.
6.
7.
8.
9.
10.

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Date of
Amendment

Recommendation for Amendments


___________________________________
_______________________________
(Originating Agency)
____________________
(Date)
Subject: Recommendation for Changes
To:

__________________________
__________________________

The following recommendation/s is/are submitted for improvement of


___________________________________________________
(Long Title)
____________________
(Short Title)

____________________
(Page)

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(Article Para No.)

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(Line Sentence)

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(Figure No.)
___________________________________________________
___________________________________________________
(Comment/s)
Recommendation:
____________________
(Signature)

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TABLE OF CONTENTS
Executive Order No. 57
Amendment Certificate
Recommendation for Amendments
Table of Contents

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INTRODUCTION
Introduction ............................................................................................................ 1
Mission, Vision and Mandate.................................................................................. 3
Organs of the System ............................................................................................... 4
Scope of Concerns ................................................................................................... 5
Framework of the System........................................................................................6
TITLE ONE
Implementing Guidelines Rules and Regulations (IGRR) For E.O. 57
General Provisions ................................................................................................. 8
The National Coast Watch Council ....................................................................... 12
The National Coast Watch Council Secretariat ................................................... 20
The National Coast Watch Center .........................................................................26
Allocation and Management of Resources ...........................................................32
Other Provisions ....................................................................................................34
IGRR Annex A: Maritime Security Operational Framework ...............................36
IGRR Annex B: Concept of Operations ................................................................. 37
TITLE TWO
Concept of Operations for the National Coast Watch Center
Introduction ......................................................................................................... 38
Purpose ................................................................................................................. 38
Mission and Purpose of the Center .......................................................................39
Functions. ..............................................................................................................39
Method................................................................................................................... 41
End State. .............................................................................................................. 41
Fundamental Tasks ............................................................................................... 41
Surveillance. ....................................................................................................... 41
Maritime Domain Awareness. ........................................................................... 41
Planning and Coordination................................................................................42
Detection, Response and Recovery....................................................................43
Execution. ..............................................................................................................43
Organizational Structure: Center and RCCs .....................................................43
Incident Management Concept ......................................................................... 45
Methodology for Support to Prosecution of Offenders ..................................... 47
Inter-Agency Command, Control, and/or Coordination Concept. ................... 47
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Regional and International Engagement. ......................................................... 50


Conclusion. ........................................................................................................... 52
CONOPS Annex B: Organizational Structure: Center and its RCCs. .................. 53
TITLE THREE
Unified Protocol on Maritime Actions
Purpose ................................................................................................................. 55
Applicability .......................................................................................................... 55
Responsibilities. .................................................................................................... 55
Security Classification. ......................................................................................... 55
General Considerations ........................................................................................ 56
Conduct of Surveillance, Approach, and Interrogation of Vessels. ..................... 67
Maritime Interdiction Operations. ................................................................... 67
Surveillance. ...................................................................................................... 68
Approaching the CCOI ...................................................................................... 69
Interrogation Procedures .................................................................................. 69
Diversion Procedures. ....................................................................................... 72
Stopping Procedures. ........................................................................................ 72
Distress Calls. .................................................................................................... 73
Documenting pursuit, boarding, search and seizure ........................................ 73
General Guidelines on the Use of Force ................................................................75
Tables ................................................................................................................. 86
Processing of Seized Vessels or Goods and Persons in Care or Custody .............. 91
Inspection of Vessels .......................................................................................... 91
Inspection of Personnel..................................................................................... 92
Apprehension of Vessels ................................................................................... 92
Apprehension of Personnel ............................................................................... 92
Handover ........................................................................................................... 95
Effective Date. ....................................................................................................... 96
TITLE FOUR
Maritime Information Sharing Protocol
References ............................................................................................................. 98
Background ........................................................................................................... 98
Purpose ................................................................................................................. 99
Definition of Terms............................................................................................... 99
Guiding Principle for Information Sharing ........................................................ 100
General Policies and Procedures ........................................................................ 100
Method for Reporting...................................................................................... 102
Method for Transmitting Information............................................................ 103
Roles and Responsibilities .............................................................................. 103
Security ................................................................................................................105
Rescission ........................................................................................................... 106
Effectivity ............................................................................................................ 106
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Information Sharing Annex A: Framework . ...................................................... 106


Information Sharing Annex B: Information Flow Process . ............................... 107
Information Sharing Annex C: Stakeholders Matrix . ........................................ 108
TITLE FIVE
National Plan for Maritime Capability Development
Executive Summary .............................................................................................. 111
Introduction ........................................................................................................ 112
Maritime Operating Environment ...................................................................... 113
Inter-Agency Core Capabilities ........................................................................... 118
Policy Guidance ................................................................................................... 122
Development Approaches ................................................................................... 122
Planning Requirements ....................................................................................... 129
Capability Development Endstate ...................................................................... 130
LIST OF ANNEXES
IGRR Annex A: Maritime Security Operational Framework ...............................36
IGRR Annex B: Concept of Operations ................................................................. 37
CONOPS Annex B: Organizational Structure: Center and its RCCs. ................... 53
CONOPS Annex C: Information Sharing Protocol ............................................... 97
CONOPS Annex D: Unified Protocol on Maritime Actions. ................................. 54
Information Sharing Annex A: Framework . ...................................................... 106
Information Sharing Annex B: Information Flow Process . ............................... 107
Information Sharing Annex C: Stakeholders Matrix . ........................................ 108

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INTRODUCTION
The National Coast Watch System is the central inter-agency mechanism for
a coordinated and coherent approach on national maritime issues and
maritime security operations towards enhancing governance in the countrys
maritime domain.
The System is composed of the National Coast Watch Council (Council)
which is the central inter-agency body that provides strategic direction and
formulates and promulgates policy guidelines for the National Coast Watch
Center (Center), the National Coast Watch Council Secretariat (Secretariat)
that provides technical and administrative support to the Council and the
Center, which is the principal organ that implements and coordinates
maritime security operations in the Philippines.
This manual with its five (5) titles discusses how the mechanism of the
System operates for the implementation of a whole of government approach
and address maritime concerns and issues.
Title One is the approved Implementing Guidelines Rules and Regulations
of Executive Order No. 57 as seen in its six (6) Chapters. It gives an overview
as to how each of the components of System functions in line with their
objectives towards addressing maritime issues and concerns.
Title Two provides a comprehensive view of the Concept of Operations of the
National Coast Watch Center.
Title Three talks about the Unified Protocol on Maritime Actions which
provides guidelines in establishing the general and specific considerations in
planning and conducting maritime response operations as well as prescribe
the national policy on rules security operations and for military personnel
during operations in support of maritime law enforcement
Title Four deals with the Maritime Information Sharing Protocol which aims
to promote guidelines and procedures for the conduct of information
National Coast Watch System Core Manual | 1

sharing among member and support agencies of the National Coast Watch
System.
And finally, Title Five lays down a common understanding and direction of
the Systems inter-agency capability development. It shows the capacity and
capability build-up of the Center and that of agencies supporting the Center
for the realization of a Capability that will lead toward our vision of
becoming global leading maritime nation.

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MISSION
To perform as the central inter-agency mechanism for a
coordinated and coherent approach on maritime issues and
maritime security operations in order to enhance governance of
Philippine maritime and ocean interests.

VISION
To be a Global Leading Maritime Nation

MANDATE
Central inter-agency mechanism for a coordinated and coherent
approach on maritime issues and maritime security operations
towards enhancing governance in the countrys maritime
domain
- EO 57 s. 2011, Section 1

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ORGANS OF THE SYSTEM

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SCOPE OF CONCERNS

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NCWS COORDINATED INTERAGENCY


APPROACH TO EFFECTIVE GOVERNANCE AND
DEVELOPMENT OF MARITIME AND OCEAN
INTERESTS FRAMEWORK

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TITLE ONE
IMPLEMENTING GUIDELINES,
RULES AND REGULATIONS FOR
EXECUTIVE ORDER NO. 57

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CHAPTER ONE
General Provisions

Section 1. Title. These Rules shall be known and cited as the


Implementing Guidelines, Rules and Regulations (IGRR) of Executive Order
No. 57 (Establishing a National Coast Watch System).

Section 2. Purpose. These Rules are hereby promulgated pursuant to


Section 3 of EO 57 in order to prescribe the procedures and guidelines for its
implementation, to facilitate compliance therewith, and to achieve the
objectives thereof.

Section 3. Interpretation Clause. These Rules shall be liberally


construed to promote the role of the National Coast Watch System (NCWS)
as the central inter-agency mechanism for a coordinated and coherent
approach on national maritime issues and maritime security operations
towards enhancement of the governance of the countrys maritime domain.

Section 4. Declaration of Policy. In the implementation of EO 57, the


following national policy shall be adopted:

A. It is the policy of the State to safeguard the integrity of its territory


and the well-being of its citizenry. The Philippines being an
archipelagic and maritime nation needs to exercise its sovereignty and
or sovereign rights, as well as fulfil its corresponding obligations over
each and every part of its maritime jurisdiction. Its security and
prosperity is dependent upon its ability to safely and securely use the
waters in and around the archipelago.
B. Maritime security is a key component of the national security. One of
the Government of the Philippines national security objectives is to
enable the Philippines to exercise full sovereignty over its territory
and to provide protection to its maritime interests.

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C. The mandate that governs the maritime security is shared among


various governmental agencies and best achieved by harmonizing
public and private maritime security efforts in a national scale to
address all threats in the maritime environment. The NCWS shall
harmonize efforts leading to a collaborative arrangement for the
Philippine maritime domain that will align all national government
maritime security programs and initiatives in a comprehensive and
cohesive national effort that will involve a host of concerned
governmental agencies from national, regional and local levels; the
private sector entities, and the entire Filipino nation in general.

Section 5. Guiding Principles for Implementation. These Rules


declare the following as guiding principles:

A. The National Coast Watch Council shall be responsible both in the


policy review and formulation relative to maritime domain
management, governance and security, as well as ensuring the
implementation and compliance with national marine policies, plans
and programs.
B. The Philippine response to threats to maritime security must involve a
whole of nation approach and must cover the spectrum from
diplomacy, to law enforcement, and to defense and military actions.
C. The NCWS strategies, plans and programs must address different
aspects in the full spectrum of maritime security such that they are
mutually linked and reinforcing, and would represent a
comprehensive national effort to enhance the security of the country.
All strategies, plans and programs must not be contrary to nor alter
existing constitutional and statutory authorities and responsibilities of
the government department and agency heads to carry out respective
missions and functions as well as to provide and receive information.
D. The NCWS must ensure that maritime stakeholders at all levels of
government and at all sectors of society will understand what they can
National Coast Watch System Core Manual | 9

do to help, how they can collaborate to do it, and pursue the


protection of collective national maritime interest.
E. Unity of Effort. NCWS to be effective requires coordinated effort
within and among the different stakeholders, including public and
private sector organizations, and international partners. Unity of
effort is required across all the spectrum of NCWS concerns, from
ensuring information sharing and maritime domain awareness, to
informed and shared planning and decision making, and finally to
coordinated and collaborative responses and initiatives.

Section 6. Non-Diminution of Mandates. Nothing in this IGRR shall


diminish the mandates, functions and responsibilities of the member,
support, and other concerned agencies. Within the NCWS framework,
member, support, and other concerned agencies shall discharge their
specific mandates through or in conjunction with the policy of the Council
and the action of the National Coast Watch Center.

Section 7. Definition of Terms. For purposes of these Rules, the terms


shall be defined as follows:

A. Maritime Law - or Admiralty Law refers to the body of private


international law that exclusively governs activities at sea and in
navigable waters.
B. Oceans Law- or Law of the Sea refers to a body of public
international law that concerns the principles and laws by which
States interact regarding maritime affairs.
C. Maritime Security - refers to a state wherein the countrys marine
assets, maritime practices, territorial integrity, and coastal peace and
order are protected, conserved, and enhanced. The concept of
maritime security is all encompassing to include military, economic,
environmental, and political concerns.
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D. Maritime Domain -pertains to 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. For the Philippines,
maritime domain includes the maritime zones such as internal waters,
archipelagic waters, territorial sea, Exclusive Economic Zone (EEZ)
and continental shelves.
E. Maritime Domain Awareness - is the 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.
F. National Maritime Community of Interest (NMCOI) includes,
among other interests, the national and local departments and
agencies with responsibilities in the maritime domain. Because
certain risks and interests are common to government, business, and
citizen alike, community membership also includes public, private
and commercial stakeholders, as well as foreign governments and
international stakeholders.
G. National Coast Watch System is the overall management system
for all maritime and ocean concerns from the policy development
activities of the Council and implementation at the operational and
tactical levels by the Center.
H. Maritime Intelligence (MI) is the product of existing as well as
changing intelligence capabilities, policies and operational
relationships used to integrate all available data, information and
intelligence in order to identify, locate, and track potential threats to
maritime interests. It provides accurate, relevant and collaborated
maritime threat information to operational and law enforcement
entities, supporting a variety of tactical, operational, and strategic
requirements.
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I. Maritime Situational Awareness (MSA) is the comprehensive


fusion of data from every agency to improve knowledge of the
maritime domain. MSA results from persistent monitoring of
maritime activities in such a way that trends can be identified and
anomalies detected. It is a layered picture of the current state and
trends that includes information pertaining to MDA pillars (vessels,
cargo, people, infrastructure, maritime traffic and islands) and related
economic and environmental issues.

CHAPTER TWO

The National Coast Watch Council

Section 1. National Coast Watch Council. The National Coast Watch


Council, hereinafter referred to as the Council, is the central inter-agency
body which shall provide strategic direction and formulate and promulgate
policy guidelines for the NCWS.

Section 2. Functions. The Council shall have the following functions:


A. Policy Direction and Coordination
1. Provide strategic direction and policy guidelines for NCWS
maritime domain awareness and maritime security operations,
as well as multinational and cross-border cooperation on
maritime security;
2. Recommend to the President policies and procedures in
managing and securing the countrys maritime domain, as well
as the issuance of administrative rules and regulations to
enhance maritime domain awareness and maritime security
operations in the Philippines;
3. Harmonize and coordinate the roles and relationships of
different government agencies, pursuant to their mandates,
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relative to the policy direction of maritime security and


governance framework as may be determined by the Council;
4. Exercise overall jurisdiction and direction over policyformulation, implementation and coordination with other
government agencies, experts and organizations, both foreign
and local, on all maritime issues affecting the country;
5. Provide the President and national security leaders
recommendations to update strategic-level guidance, policies
and standards to promote information and intelligence sharing
across a wide range of domestic and international maritime
stakeholders;
6. Provide the policy framework for inter-agency data
management and archiving to support fusion of information
and intelligence data on maritime and ocean concerns;
7. To formulate and recommend a national maritime policy to the
President;
8. To coordinate the implementation of such policy and
periodically evaluate and refine it as necessary;
9. To identify and develop policy options in implementing
international agreements on the oceans, as well as non-binding
instruments, to which the Philippines is a party or signatory;
10.
To recommend policies, programs, and special projects
necessary to advance the national interest and fulfil
international commitments relative to the sustainable use of
ocean resources and marine environmental protection;

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11. To formulate programs, coordinate and/or undertake activities


to promote the archipelagic consciousness in the country
especially among the coastal communities.
B. Review and Oversight
1. Harmonize capability plans and fund requirements in relation
to maritime domain awareness, maritime zones management
and maritime threat response operations;
2. Provide the oversight functions for all undertaking related to
maritime domain awareness and maritime security, and issue
clear intelligence and information sharing policies, protocols,
and standards to allow individual agencies and partners to
collaborate fully and broadly share information;
3. Establish processes and protocols for integrating capability
across organizations including trainings, exercises, and
experiments, and provide a venue for the resolution of crossjurisdictional issues, including intelligence, information sharing
and operational disputes;
4. To formulate and recommend programs, and special projects to
enhance the integrated and coordinated management of the
maritime and oceans interests of the Philippines, particularly
in:
i. Ensuring the safety and security of lives and property at
sea, promoting good order at sea, and the development of
national capabilities to protect its marine resources;
ii. The protection, conservation, and preservation of the
marine environment and ocean resources through the
proper management of human activities within its
maritime jurisdiction;
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iii. The development and promotion of Philippine interests


in shipping, seafaring, fishing, extraction of mineral and
energy resources, and other ocean-based industries.
C. Administration and Reporting
1. Conduct periodic review of maritime domain awareness and
maritime security operations and render periodic reports to the
President and the National Security Council (NSC);
2. Convene or dissolve, as the need arises, inter-agency
committees and/or working groups to assist the Council in the
performance of its functions;
3. Enlist and/or require the support and/or assistance of any
department, bureau or agency of the government in the pursuit
of its mandates and functions as it relates to maritime domain
awareness and maritime security operations;
4. Promulgate rules and regulations as may be necessary for the
Council to perform its mandate under this IGRR; and
5. 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 3. Organization of the Council


A. The Executive Secretary shall serve as the Chairperson of the
Council.
B. The following heads of government agencies shall be the regular
members of the Council:
1. Secretary of Agriculture
2. Secretary of Energy
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3.
4.
5.
6.
7.
8.
9.

Secretary of Environment and Natural Resources


Secretary of Finance
Secretary of Foreign Affairs
Secretary of Interior and Local Government
Secretary of Justice
Secretary of National Defense
Secretary of Transportation and Communications

C. The National Security Adviser may be invited by the Council to


attend its meetings and/or requested to provide technical support as
the need arises.
D. A regular member of the Council may, in his absence, appoint a
permanent representative with the rank of Undersecretary to
participate in his behalf.
E. The Council may constitute itself into such permanent or ad-hoc subcommittees as may be necessary to respond to special and specific
issues or problems, and, to this end, formulate such rules of
procedures and/or Terms of References to govern the activities of
such permanent or ad-hoc sub-committees.
F. There is hereby created an Executive Committee, hereafter referred to
as the EXECOM, consisting of permanent representatives of each of
the members of the Council with the rank of Assistant Secretary as
regular members and such other officials of the support and
concerned agencies:
1. Functions of the EXECOM. The EXECOM shall have the
following functions:
i. To oversee the implementation of the decisions and
policies set by the Council;

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ii. To formulate, deliberate, and recommend decisions,


policies, projects, and programs with respect to the
maritime and ocean affairs of the country, for
consideration of the Council;
iii. To coordinate the activities of all concerned agencies in the
implementation of international agreements on the
maritime and ocean affairs, as well as non-binding
instruments, to which the Philippines is a party or
signatory; and
iv. Formulate and recommend positions and strategies for
maritime boundary delimitation, as well as maritime
disputes management, and other international maritime
and ocean agreements.

Section 4. Meetings of the Council


A. Frequency of Meetings.
1. The Council shall meet at least twice a year, or as necessary to
discharge its functions and responsibilities.
2. The EXECOM shall meet at least once a month, or as necessary
to discharge its functions and responsibilities.
3. Any permanent or ad-hoc sub-committees shall meet in
accordance with the Council-approved Terms of Reference or as
frequently as necessary to expeditiously discharge its tasks.
B. Quorum. The presence of simple majority of all the members of the
Council or their duly authorized representatives shall constitute a
quorum, which shall be necessary for the transaction of any business.
The same procedure for determining quorum applies to the EXECOM,
permanent and ad-hoc subcommittees.
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C. Presiding Officer at Meetings


1. The Chairperson shall preside over the regular and special
meetings of the Council.
2. The Executive Director of the Secretariat of the Council shall
preside over the meetings of the EXECOM.

Section 5. Decision-Making by the Council


A. Consensus-Based Decision Making. The Council, EXECOM, and
permanent and/or ad-hoc sub-committee shall adopt a consensusbased decision making process. Consensus is understood as
agreement by a majority of the members of the Council without
objection from any of the other members. The Council, EXECOM, and
permanent and/or ad-hoc subcommittee is expected to address any
and all issues raised against a proposal through consultations.
B. Decisions During Meetings. The affirmative support of a simple
majority of the members present in a quorum shall be adequate for
the approval of any resolution, decision or order, except when the
Council shall otherwise agree that a greater vote is required. Provided,
that no objection has been raised by any other member of the Council.
C. Council Resolutions. The Council shall formulate and promulgate
resolutions on policies, rules and regulations to enhance the
governance of Philippine maritime and ocean interests.

Section 6. Reports
A. The Council shall render periodic reports or other reports as
necessary to the President and to the National Security Council
relative to maritime security situation.

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B. The Presiding Officer of the EXECOM shall render report on its


activities and recommendations during the regular Council meeting.
C. The Presiding Officer of the EXECOM shall render a report to the
members of the Council the results of its regular and other meetings.
D. The permanent and/or ad-hoc sub-committees shall render periodic
reports to the Council, through the Council Secretariat.

Section 7. Relationships with Other Agencies and Inter-Agency


Bodies

A. As prescribed under Section 3(a) of Executive Order 82 s. 2012


(Establishing the National and Local Crisis Management
Organizations), the Chairperson shall assume the role of lead Crisis
Manager or Cabinet-Officer Primarily Responsible of the National
Crisis Management Committee for human induced maritime crisis or
disasters. In the fulfilment of such mandate, the Chairperson shall
immediately convene the Council to address the situation.
B. In cases of crisis from natural calamities and disasters at sea, the
Council shall provide support to the National Disaster Risk Reduction
and Management Council (NDRRMC). It may provide guidance to the
Center to provide relevant information, situation updates, and
assessments and/or coordinate appropriate response to support the
NDRRMC.
C. As the maritime security situation escalates from law enforcement to a
defense crisis, management of the operations will be handed over to
the National Security Council in its capacity as the Executive
Committee/National
Crisis
Management
Committee
(EXECOM/NCMC), which serves as the highest policy and decisionmaking body in the management of human-induced crises at the
national level, as mandated under EO 82.
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D. The Council shall provide oversight over all bilateral border


committees established by bilateral agreements and shall issue
appropriate guidelines for the conduct of cross-border maritime
security operations.

CHAPTER THREE

The National Coast Watch Council Secretariat


Section 1. The National Coast Watch Council Secretariat, hereafter
referred to as the Secretariat, is established to provide technical and
administrative support to the Council.
Section 2. Functions of the Secretariat. The Secretariat shall have the
following functions:
A. Support to Policy Direction and Coordination

1. Provide consultative research and administrative services to the


Council;

2. Assist in the development of national capabilities and human


resources for maritime and ocean affairs;

3. Undertake, or cause to be undertaken, any of the following:


i. Consultations with the EXECOM or any of its members,
any government agency, concerned maritime and ocean
sectors, non-government organizations, academe, and/or
the general public, on any maritime related matters as may
be deemed necessary;
ii. Research programs and policy studies on any and/or all
maritime and ocean sectors as may be needed by the
Council, including those for regulatory, governmental,
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environmental,
purposes;

developmental,

strategic,

or

security

iii. Research, data gathering, information acquisition, and


preparations for any negotiation or other modes with other
countries in matters concerning the overlapping of
maritime boundaries, fisheries, energy and mineral
exploration, and exploitation in the ocean, or other
agreements relating to the conservation, exploration,
exploitation, protection, development and/or management
of marine resources within Philippine maritime zones;

4. Create and maintain, or cause to be created and maintained, a

central database and information system on maritime and


ocean affairs in support of maritime and ocean policy and
decision-making;

5. Identify, network with, enlist, and commission national and/or

international expertise and institutions in support of or to assist


the Government in maritime and ocean policy and decision
making;

B. Assistance to the Chairperson and the Council

1. Provide assistance and administrative and technical support to


the Chairperson in the management and oversight of:
i. The EXECOM
ii.Permanent and ad-hoc committees which may be
convened and established by the Council
iii. Inter-agency Technical Working Groups, and
iv. The National Coast Watch Center
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2. Assist the Council in proposing and reviewing legislative and


administrative issuances on maritime security;

3. Undertake, or cause to be undertaken, activities necessary to

raise the national archipelagic consciousness and communicate,


in a coordinated manner, publicize national maritime and
ocean interests and issues;

C. Administrative Support and Reporting to the Council

1. Assist inter-agency committees and working groups convened

and established by the Council in the performance of their


respective mandates, including the provision of administrative,
technical, and secretarial support;

2. Coordinate the participation of the appropriate agencies of

government in international fora, meetings, and conferences


that are relevant to the maritime and ocean interests of the
Philippines;

3. Render a regular report to the Council Members on all activities

undertaken by the EXECOM, permanent and ad-hoc


committees, inter-agency working groups, and the National
Coast Watch Center.

4. Avail of grants, endowments or donations from foreign or local


entities in accordance with existing laws, to be applied to
projects or studies to implement the policies or directives of the
Council;

5. Perform such other functions and tasks as the Council may


direct.

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Section 3. Organization of the Secretariat


A. The Secretariat shall be headed by an Executive Director with the rank
of Undersecretary, who shall be appointed by the Chairperson, upon
the recommendation of the Council.
B. The Chairperson is hereby authorized, upon the recommendation of
the Executive Director, to hire and determine remuneration of
consultants and other experts for the Secretariat and/or to request the
detail and secondment of personnel from other government agencies
and institutions in accordance with the Civil Service law, rules, and
regulations.
C. The Executive Director shall designate a Deputy Executive Director
with the rank of Assistant Secretary to provide overall supervision of
the substantive work flow and administrative and day-to-day
operations of the Secretariat as well as to act for and on his behalf
during his absence.
D. The Executive Director shall designate Heads for the Units of the
Secretariat to assist him/her in the performance of his functions.
E. Reorganization, realignment of functions, or creation of new units
within the Secretariat shall be authorized by the Chairperson upon the
recommendation of the Executive Director.
Section 4. National Maritime Policy Development. The various
policy issues related to the maritime and oceans affairs impacting on the
Philippines as an archipelagic State demand a dedicated body with ample
resources to address the multifaceted aspects of maritime policy, planning
and governance. In line with this overarching need, the Secretariat,
consistent with its mandate, shall serve as the center for the development,
review, updating, and monitoring of implementation of overarching national
maritime policies, such as but not limited to the following:
National Coast Watch System Core Manual | 23

A. The National Marine Policy. The National Marine Policy of 1994,


hereafter referred to as the NMP shall serve as the principal
document defining the strategic maritime interests of the Philippine.
Within sixty (60) working days from the effectivity of this IGRR, the
Secretariat shall undertake a thorough review of the NMP and
propose to the Council necessary revisions to the same.
B. The National Marine Strategy. The Secretariat shall undertake
appropriate multi-disciplinary studies and inter-agency consultations
in order to craft and submit to the Council, as soon as practicable, a
National Marine Strategy, hereafter referred to as the NMS, that
will ensure the realization of the ends and objectives of the NMP. The
NMS shall have appropriate themes, sections, and/or annexes, as the
case may be, for maritime development, safety and security, strategic
communications, and regulatory initiatives. The NMS shall likewise
include component plans and strategies such as, but not limited to:
1. The National Marine Engagement and Coordination
Strategy. The Secretariat shall ensure effective cooperation
and coordination between and among all government agencies,
bureaus and offices with maritime domain-related mandates,
duties and functions. In this regard, the NMS shall cause the
adoption of a National Maritime Engagement and Coordination
Strategy, hereafter referred to as the NMECS. This strategy
includes harmonization of all plans, projects and activities,
whether local or international, related to the maritime domain
by various government agencies, bureaus and offices with a
view of optimizing resources, preventing unnecessary
duplication of work and maximizing outcomes and results. It
shall also aim to build institutional mechanisms in order to
ensure integration and coordination of functions, plans, and
programs by government agencies and other ocean-related
sectors to complement the sectoral management approach for
effective governance regime for oceans and coastal
development.
24 | National Coast Watch System Core Manual

2. The Strategic Communications Plan for Marine and


Archipelagic Issues and Concerns. In coordination with
relevant government agencies and instrumentalities, the NMS
shall include a strategic communications plan designed to
develop and enhance the maritime and archipelagic
consciousness of maritime stakeholders and the general public
and effectively communicate the NMP and NMS to all
stakeholders.
Section 5. Inter-Agency Coordination.
A. Harmonization of Mandates. Within ninety (90) working days
from the adoption of this IGRR, the Secretariat, in coordination with
the Department of Justice (DOJ), shall review all existing national
laws, policies, and regulations to clarify and/or propose ways to
deconflict the jurisdictions and mandates of member and other
agencies.
B. Inter-Agency Working Groups. The Secretariat, with the consent
of the Chairperson, may establish permanent and/or ad-hoc interagency working groups composed of government officials, technical
experts, members of the academe, and/or private individuals to assist
it in the performance of its mandates. Consistent with existing
government rules and regulations, the Secretariat may provide
appropriate remuneration and/or other benefits to the members of
such working groups.
C. Terms of Reference of Inter-Agency Working Groups. The
Secretariat shall recommend to the Chairperson the approval of
appropriate Terms of References for the establishment of an InterAgency Working Group. The document shall outline the functions of
the working group, its members, meetings, and required outputs.

National Coast Watch System Core Manual | 25

Section 6. Records and Archives


A. The Secretariat shall keep and maintain an archive of all official
transactions, communications and minutes of the Council meetings,
to include the records of the different inter-agency committees and
working groups established by the Council;
B. The Secretariat shall keep a record of all documents it received and
released;
C. Information concerning the resolutions, decisions or activities of the
Council and the inter-agency working groups established by the
Council may be released or disclosed as authorized by the Council
and;
D. All classified information and material will be stored, handled,
transmitted and safeguarded in accordance with national security
laws and regulations. Such information and material will bear the
appropriate level of classification.

CHAPTER FOUR

The National Coast Watch Center


Section 1.National Coast Watch Center. The National Coast Watch
Center, hereafter referred to as the Center, shall be the principal organ for
implementing and coordinating maritime security operations in the
Philippines in accordance with the strategic direction and policy guidance
issued by the Council.
Section 2. Functions. The Center shall have the following functions:

A. Gather, consolidate, synthesize, and disseminate information relevant


to maritime security;

26 | National Coast Watch System Core Manual

B. Develop and maintain effective communications and information


systems to enhance inter-agency coordination in maritime security
operations;

C. Coordinate the conduct of maritime surveillance or response


operations upon the request of a member agency or when an exigency
arises;

D. Plan, coordinate, monitor, evaluate, document, and report on the


conduct of maritime security operations;

E. When so authorized by the Council, coordinate cross-border and


multinational maritime security operation;

F. Coordinate support for the prosecution of apprehended violators;


G. Conduct periodic assessments on maritime security;
H. Conduct regular activities to engage all maritime stakeholders in
various fora, seminars, workshops, and other activities;

I. Coordinate and facilitate training activities and exercises of members


and support agencies of the Council to enhance coordination and
interoperability in the NCWS;

J. Pursuant to Executive Order 82 series of 2012, perform the role of

Crisis Management Office of the Chairperson for human induced


threats within and adjacent to the Philippine maritime borders. As
such, the Center shall assist the Chairperson to implement the 5Ps of
crisis management, particularly:
1. Predict. Conduct Horizon Scanning or scanning for emerging
threats and conveying strategic warnings; and undertake
Situation Awareness processes at the strategic, operational, and
tactical levels;
National Coast Watch System Core Manual | 27

2. Prevent. Prepare or update inter-agency contingency and


crisis action plans;
3. Prepare. Systematically undertake Prepare activities
(organize, train, equip, exercise and evaluate/improve) as well
as undertake capability building and enhancement activities;
4. Perform. Systematically determine and declare an incident as
approaching crisis level, and afterwards activate an Incident
Command System (ICS) and identify an Incident Commander
to implement the crisis action plan.
5. Post-Action and Assessment. Systematically provide Post
Action and Assessment Reports to the Chairperson for
submission to the National Crisis Management Committee and
the EXECOM/National Crisis Management Committee.

K. Perform such other functions as may be directed by the Council.


Section 3. Leadership. The Center shall be headed by a Director who is
an active Philippine Coast Guard (PCG) flag-rank officer as determined by
the Council. The Director shall be appointed by the Council from among a
list of PCG officers to be submitted and/or nominated by the Secretary of
Transportation and Communications. The Director of the Center shall have
a term of at least one (1) year, but not more than three (3) years,
commencing from the effective date of his assumption.
Section 4. Organizational Structure. The Center shall be organized as
follows:
A. The Center shall be composed of a national level unit to be established
in the PCG which shall be capable of strategic environment
assessment and centralized inter-agency operational planning.

28 | National Coast Watch System Core Manual

B. Regional Coordinating Centers (RCCs), with defined area of interest


(AI), shall be established for joint and inter-agency operational and
tactical coordination. Satellite coordinating centers may be identified
to further decentralize execution of maritime actions. The RCCs and
its satellite coordinating centers shall have the following functions:
1. Gather, consolidate, synthesize, assess, and disseminate
information relevant to maritime security within its AI;
2. Develop and maintain effective communications and
information systems to enhance inter-agency coordination in
maritime security operations within its AI;
3. Coordinate the conduct of maritime surveillance or response
operations based on the operational plans of the Center;
4. Provide inter-agency operational and tactical planning,
coordination, monitoring, evaluation, documenting, and
reporting for all maritime security operations within its AI;
5. When directed by the Center, coordinate cross-border and
multinational maritime security operation;
6. Coordinate support for the prosecution of apprehended
violators;
7. Conduct periodic assessments on maritime security within its
AI; and
8. Perform the functions of the local Crisis Management Center
pursuant to EO 82.
C. The Council, upon the recommendation of the Secretariat, shall
determine the location of the RCCs and define its area of interest.
National Coast Watch System Core Manual | 29

D. Following the principle of redundancy, a back-up facility shall be


established and maintained capable of performing the functions of the
Center if it is rendered inoperable for whatever cause or reason.
Section 5. Authority to Organize Inter-Agency Task Force. As
necessary, the Director may organize member and other concerned agencies
resources assets and facilities into an Inter-Agency Task Organization
(IATO) in furtherance of a specific and urgent maritime security mission.
Such assets and facilities may be placed under the operational control of or
to otherwise provide support to the IATO for the duration of the mission.
Section 6. Inter-Agency
Maritime
Security
Operational
Framework. The operations of the Center and its span of control over
inter-agency maritime security operations shall be guided by the operational
framework in Annex A, which is made as an integral part of the IGRR.
Section 7. Concept of Operations. Within thirty (30) days from the
effectivity of this IGRR, the Technical Working Group on CONOPS shall
develop and submit to the Council, through the Secretariat, the Concept of
Operations (CONOPS) following the framework in Annex A of this IGRR.
The CONOPS shall discuss, among others, the following:
A. Vision of Center;
B. Mission of the Center;
C. Organizational Structure of the Center and its Regional Coordinating
Centers;
D. Inter-Agency Command, Control, and/or Coordination Concept;
E. Information Sharing, Situational Awareness, and Common Operating
Picture Concept;
F. Incident Management Concept;
G. Methodology for Support to Prosecution of Offenders;
H. Statement of Required Capability and Capacity; and
I. Reporting System

30 | National Coast Watch System Core Manual

Section 8. The CONOPS to be adopted by the Council shall become


Annex B1 of this IGRR and shall be constantly reviewed and updated as the
need arises.
Section 9. Facility Management. The Director of the Center shall
exercise administrative supervision and control over all the units of the
Center.
Section 10.
Inter-Agency Manning Provision. The Chairperson
is hereby authorized, upon the recommendation of the Director of the
Center, to hire and determine remuneration of employees for the Center
and/or to request the detail and secondment of personnel from other
government agencies and institutions in accordance with the Civil Service
law, rules, and regulations or defense policies in the case of military officers
and personnel.
Section 11. Relationships with Other Agencies and Inter-Agency
Centers. The Center shall be the primary inter-agency coordinating center
for maritime security operations during peacetime situations. As the
situation escalates into the following:
A. Human Induced Crises. The Center shall be the Crisis
Management Office of the Chairperson for human induced crisis in
the maritime domain. It shall perform initial Incident Management
functions until such time that the Crisis Management Committee has
been convened and a tasked organization shall have been organized to
address the crisis. Thereafter, the Center shall provide continuing
support until the crisis situation is fully addressed.
B. Natural Disaster Situations. The Center shall provide appropriate
support to the Office of Civil Defense in cases of crisis from natural
calamities.

Title Two

National Coast Watch System Core Manual | 31

C. Cross-Border Maritime Security Operations. The Center shall


act as the command and control center for all cross-border maritime
security operations directed by the Council. As such, the Center may
exercise control and/or provide support as necessary for the
accomplishment of specific missions and objectives of the operations.
D. National Defense Operations. Provide additional support to the
National Security Council and Department of National Defense as
may be directed by the Council.
E. Command, Control, and/or Coordination. The command,
control, and/or coordinating relationships between the Center,
support agencies, and other inter-agency bodies to meet specific
situations shall be prescribed in contingency plans formulated by the
Center and approved by the Council.

CHAPTER FIVE

Allocation and Management of Resources


Section 1. Operational Budget of Member and Support Agencies
for the National Coast Watch Operations and Activities. All
Member/Support Agencies of the Council shall include a line item under
their proposed annual budgets for operations and activities in support of the
NCWS. The program or fund requirement shall be monitored, reviewed, and
harmonized by the Council. The annual line item budget shall be limited to
the following expenditures:
A. Fuel costs for operations to be expressed in programmed steaming
time for ships and other sea vessels and programmed flying time in
case of aircraft;
B. Travel requirements of personnel who shall perform duties and attend
meetings prescribed under this IGRR; and
C. Such other expenditure as may be determined by the Council.
32 | National Coast Watch System Core Manual

Section 2. Operational Budget for the Secretariat. Funds to support


the maintenance and operation of the Secretariat shall be included as a line
item budget in the annual appropriations for the Office of the President. The
budget of the Secretariat shall reflect the following:
A. Annual maintenance and other operating expense for the Secretariat
including office equipment and supplies, communications,
subscription to various publications, repair and maintenance of
equipment and facilities;
B. Administrative support requirements for the conduct of all meetings
by the Council and different inter-agency working groups;
C. Funds for the conduct of studies to be directed by the Council or an
inter-agency working group;
D. Capacity-building programs and projects for maritime and oceans
concerns;
E. Personnel Services for salaries and allowances for personnel hired
and/or assigned to the Secretariat and the Center, as well as
remuneration for the members of committees and working groups;
and
F. Such other expenses as the Chairperson may determine.
Section 3. Operational Budget for the Center. The Center shall be a
unit of the Office of the President under the administrative supervision and
control of the Executive Secretary. Funds for the maintenance and
operations of the Center shall be included as a line item budget in the annual
appropriations of the Office of the President. The budget for the Center shall
reflect the following:

National Coast Watch System Core Manual | 33

A. Annual maintenance and other operating expense for the Center and
its regional offices, including electricity, water, subscription for
appropriate communications, and repair and maintenance of
equipment and facilities; and
B. Cost to support inter-agency activities, trainings/exercises and other
capacity-building and capability development programs.
Section 4. Facility Support. The Secretariat and the Center shall have an
appropriate site for its offices. For this purpose, the Chairperson is hereby
authorized to coordinate, arrange and occupy at no cost any appropriate
area under the administrative control of any agency or government-owned
and controlled corporation, subject to the approval of its governing board;
or construct/lease such building as may be necessary to house the
Secretariat, Center, Regional Coordinating Centers, and satellite centers.
Section 5. Authority to Accept Assistance and/or Donations. The
Council and the Center are hereby authorized to accept donations,
contributions, grants, bequests or gifts from domestic or foreign sources, for
purposes relevant to their mandates and functions, in accordance with
applicable laws and rules and subject to government accounting and
auditing rules and regulations.

CHAPTER SIX
Other Provisions

Section 1. Separability Clause. If for any reason any portion or


provision of the IGRR is declared unconstitutional or invalid by any court of
law, the unaffected provisions shall remain valid and subsisting.
Section 2. Repealing Clause. All issuances, rules, and regulations or
parts thereof inconsistent with EO 57 are accordingly revoked, amended, or
modified as the Council may specify in its resolutions.

34 | National Coast Watch System Core Manual

Section 3. Amendments and Revision. The Council shall regularly


review this IGRR and issue amendments or revision thereto as it deems
necessary. An amendment may be made through a resolution approved by
the members of the Council. An amendment to this IGRR shall become
effective after compliance by the Secretariat of the government rules and
regulations concerning notice and publication.
Section 4. Effectivity. This IGRR shall take effect following the
completion of its publication in the Official Gazette or a newspaper of
general circulation.
SO APPROVED.

National Coast Watch System Core Manual | 35

ANNEX A
OF THE IGRR
Maritime Security Operational Framework

36 | National Coast Watch System Core Manual

TITLE TWO
CONCEPT OF OPERATIONS FOR THE NATIONAL
COAST WATCH CENTER2

Annex B of the Implementing Guidelines Rules and Regulations (IGRR) of Executive Order No. 57

National Coast Watch System Core Manual | 37

1.

Introduction
1.1. The Philippine National Coast Watch Center (NCWC) is an
inter-agency maritime surveillance and coordinated response
mechanism established through Executive Order 57 signed by
President Benigno Simeon Aquino III last 06 September 2011.
1.2. It is established as a coordinating and implementing
mechanism in a whole-of-government approach to address current
and future maritime safety, security, and environmental protection
challenges in the Philippines.
1.3. This document was tested and validated through numerous
inter-agency table-top exercises covering scenarios from planning
inter-agency responses, information-sharing and coordinated
response operations.

2.

Purpose of this Document


2.1. The purpose of this concept of operations document is to
describe the vision, mission, coordinative operational processes, and
organizational structure of the National Coast Watch Center (NCWC)
and to outline how the center fulfills its mission.
2.2. This CONOPS is the authoritative guide for inter-agency
maritime security operations, actions and activities. This CONOPS
provides:
2.2.1. Guidance to law enforcement and defense agencies in the
conduct of inter-agency maritime security operations;
2.2.2. A framework to introduce how the National Coast Watch Center
will coordinate maritime security efforts and its relationship with
maritime agencies; and

38 | National Coast Watch System Core Manual

2.2.3. A baseline document to guide capability development and


conduct of inter-agency training events.
3.
Mission. The mission of the NCWC is to coordinate and
implement the whole of government efforts to protect the Philippine
national interests against security threats, enforce national
sovereignty and sovereign rights, and fulfill international
responsibilities and obligations throughout the maritime jurisdiction
of the country.
4.
Purpose. To promote maritime safety, enforce maritime laws,
protect the marine environment and contribute to economic
development.
5.
Functions. Pursuant to EO 57 and EO 82, the Center shall
have the following functions:
5.1. Gather, consolidate, synthesize,
information relevant to maritime security;

and

disseminate

5.2. Develop and maintain effective communications and


information systems to enhance inter-agency coordination in
maritime security operations;
5.3. Coordinate the conduct of maritime surveillance or
response operations upon the request of a member agency or
when an exigency arises;
5.4. Plan, coordinate, monitor, evaluate, document, and
report on the conduct of maritime security operations;
5.5. When so authorized by the Council, coordinate crossborder and multinational maritime security operation;

National Coast Watch System Core Manual | 39

5.6. Coordinate support for the prosecution of apprehended


violators;
5.7. Conduct periodic assessments on maritime security;
5.8. Conduct regular activities to engage all maritime
stakeholders in various fora, seminars, workshops, and other
activities;
5.9. Coordinate and facilitate training activities and exercises
of members and support agencies of the Council to enhance
coordination and interoperability in the NCWS;
5.10. Pursuant to Executive Order 82 series of 2012, perform
the role of Crisis Management Office of the Chairperson for
human induced threats within and adjacent to the Philippine
maritime borders. As such, the Center shall assist the
Chairperson to implement the 5Ps of crisis management,
including among others;
5.10.1.
Predict. Conduct Horizon Scanning or scanning for
emerging threats and conveying strategic warnings; and
undertake Situation Awareness processes at the strategic,
operational, and tactical levels;
5.10.2.
Prevent.
Prepare
or
contingency and crisis action plans;

update

inter-agency

5.10.3.
Prepare. Systematically undertake Prepare
activities
(organize,
train,
equip,
exercise
and
evaluate/improve) as well as undertake capability building and
enhancement activities;
Perform. Systematically determine and declare an
5.10.4.
incident as approaching crisis level, and afterwards activate an
40 | National Coast Watch System Core Manual

Incident Command System (ICS) and identify an Incident


Commander to implement the crisis action plan.
5.10.5.
Post-Action and Assessment. Systematically
provide Post Action and Assessment Reports to the Chairperson
for submission to the National Crisis Management Committee
and the EXECOM/National Crisis Management Committee.
5.11. Perform such other functions as may be directed by the
Council.
6.
Method. The Center fulfils its mandate by sustained and
effective inter-agency engagement in four mutually supporting
functional areas: surveillance, maritime domain awareness; planning
and coordination; and detection, response and recovery.
7.
End State. Peaceful and secured maritime environment
through sustained and effective inter-agency engagement.
8.

Fundamental Tasks
8.1. Surveillance. Surveillance is the mode or actions
undertaken to obtain an observation of the maritime activity in
a particular area. It can be done through the use of land-based,
surface, and air assets. Surveillance utilizes all wide area and
focal surveillance assets available, as well as Intelligence
capabilities to provide the most cohesive common operating
picture available. A range of platforms and sensor combinations
will undertake the surveillance process. Sensor capabilities will
be capable of providing a comprehensive surveillance outcome
that will afford detection, classification and identification of
targets of interest.
8.2. Maritime Domain Awareness. The Center develops
and maintains awareness of activities in the maritime domain
National Coast Watch System Core Manual | 41

with the intent of identifying security threats, assessing their


likelihood and estimating their potential consequences. It
fuses intelligence and information from multiple
sources to develop an awareness of the maritime
domain. A picture of this awareness is the Common Operating
Picture containing but not limited to the following information:
8.2.1.

Vessel Sightings;

8.2.2.

Critical Contact of Interest (CCOI) Track;

8.2.3.

ISR units reporting the CCOI;

8.2.4.

Location of maritime law enforcement units;

8.2.5.

Available military units in the area

8.2.6.

Government interdiction/shadow units location


and tracks (Response Plan);

8.2.7.

Center Courses of Action;

8.2.8.

Weather;

8.2.9.

Current at time/day; and

8.2.10.

Geography of operating area

8.2.11.

Security threats in area of operations

8.3. Planning and Coordination. Rather than passively


waiting for identified security threats to present themselves in
the maritime domain, the Center also participates in a whole of
government efforts to prevent and disrupt these security
threats. Inter-agency planning occurs at different levels. In
order to formulate pre-planned and agreed response plans, the
42 | National Coast Watch System Core Manual

Center convenes specific Inter-Agency Planning Clusters for


specific threats and contingencies. The Planning Clusters and
the membership shall be provided and will form part of Annex
A. For incidents requiring immediate response, the Center is
capable of rapid response planning through established
network of Liaison Officers.
8.4. Detection, Response and Recovery. The Center
coordinates whole of government efforts to respond to security
threats as they are detected in the maritime domain, and to
recover from security incidents. Operational level working
groups shall meet regularly to prioritize the application of
available surveillance and response assets, and to determine the
need for additional assets to be assigned to an area of interest.
The Center and its regional centers also conduct weekly
interagency coordination meetings to optimize the surveillance
and response plan for the following week.
9.
Execution. The Center and its Regional Coordinating Centers
will be responsible for coordinating responses as a result of its ISR
efforts. The response coordination process will rely on its linkage
with different agencies command and control structures and
coordination networks to effectively integrate capable assets from
various agencies. Interagency coordination will be from the strategic
and regional level down to the multiagency tasked forces and
organizations, which may be activated to address specific missions.
9.1. Organizational Structure of the Center and its
Regional Coordinating Centers.
9.1.1. The organizational structure of the Center is mainly
derived from the Mission Essential Tasks flowing from its
Fundamental Tasks. It is organized to accomplish these tasks
along four key functional areas, namely:
National Coast Watch System Core Manual | 43

9.1.1.1.
9.1.1.2.
9.1.1.3.
9.1.1.4.

Admin and Resource Management


Intelligence and Operations
Information, Communications, and Technology
Operational Readiness and Evaluation

This organizational structure is depicted in Annex B.


9.1.2. The periodic assessment of maritime situation is
accomplished
through
sustained
inter-agency
information sharing. This may lead to the development of
inter-agency priorities for Maritime Security Operations.
Contingency plans are also developed in this process to guide
inter-agency actions during crisis and other critical incidents.
The agreed priorities are then transmitted to the Regional
Coordinating Centers to be processed into Area Specific Plans.
Operations personnel should further develop this into a more
detailed implementation plan. The agreed plans are executed
by individual agency operations. The personnel of the center
monitor the conduct of operations through the operations
center. The Center provides key capabilities for monitoring
operations and providing decision-support for the conduct of
maritime operations.
9.1.3. Liaison Officers (LNOs). A core of officers from the
PCG, PNP-MG, AFP, and BFAR and civilian personnel regularly
man the Center. Other agencies shall provide for LNOs who
may be called to attend planning meetings and/or provide
technical support to the Center.
9.1.3.1.
The LNOs are responsible for provision of subject
matter advice to the NCWC and coordination with their own
departments and agencies. They input to all of the processes of
the Center from longer range planning to inter-agency
operations within Center. Functions include but not limited to
the following:
44 | National Coast Watch System Core Manual

a.
b.
c.
d.
e.
f.
g.
h.
i.

Act as single POC for their respective agencies especially


in updating the Centers Common Operating Picture
(COP).
Provide staff and technical advice to the Director on all
matters pertaining to information regarding their
respective agency;
Facilitate information sharing in accordance with
approved SOPs and the IGRR;
Attend routine meetings and support the development of
contingency plans based on the inter-agency outcomes
and requirements;
Provide SME advice on the specific threats indicated in
inter-agency threat and risk assessment methodology;
Where requested, attend the Center meetings to support
critical incident management and crisis action planning
within the agencies specific mandate;
Advise own agency of the Centers activities and
requirements to ensure they are aware of possible
impacts to agency operations and activities;
Liaise for the provision of assets, personnel and
prosecutions expertise where requested; and
Review these SOPs periodically to ensure they meet
individual agency needs.

9.2. Incident Management Concept. In all situations,


whether in a unilateral or inter-agency operations, information
about the incident, the action undertaken by an agency unit,
and the results of operations will be reported to the Center for
the purpose of updating the common operating picture (COP)
and the database.
9.2.1. Following the defined reporting procedure outlined in the
Information Sharing Protocol (Annex C)3 deployed assets are
required to provide surveillance information to the Center
3

Title Four

National Coast Watch System Core Manual | 45

through its Regional Coordinating Center (RCC). Once a target


of opportunity is monitored, the concerned unit immediately
reports the incident to its unit commander simultaneously to
the RCC. Continuing surveillance activities shall be conducted
in order to support the decision-making capability of the unit
monitoring the activities of the target. The situation is uploaded
to the COP and the appropriate response is coordinated.
9.2.2. If the agency who reported the incident can address the
situation, it directs its units to do the required action. The
action is then reported to the Center for purposes of updating
the COP. In such situations, the Center is expected to do the
following:
9.2.2.1.
9.2.2.2.
9.2.2.3.
9.2.2.4.
9.2.2.5.

Fill information gaps that the agency needs to


arrive at a decision to interdict or make an
apprehension;
Inform the agency who has the lead in addressing
the offence committed of the impending
apprehension;
Organize the hand-over of the apprehended vessels
and individuals ashore;
Provide documentation on the action taken and the
decisions made in the course of the operations; and
Maintain and constantly update the COP

9.2.3. If the incident warrants inter-agency action, the


information is uploaded to the COP and the Centre shall
exercise incident command for purposes of planning and
organizing the response.
Once the Centre assumes the
coordinative operational response, it is expected to do the
following:
9.2.3.1.

Plan the conduct of response operations;

46 | National Coast Watch System Core Manual

9.2.3.2.
9.2.3.3.
9.2.3.4.
9.2.3.5.

Coordinate the resources that can be pooled from


the different agencies and assume tactical control
of available units for the duration of the mission;
Inform the Liaison Officer of the agencies which
may have a role in the overall response operations;
Alert all operating units of the impending
operations; and
Continue to monitor the situation as it develops.

9.2.4. The operations shall be planned by the Center with the


Lead Agency providing the necessary advice and inputs to the
plan as well as the requirements for successful interdiction and
apprehension. These actions including the necessary support
for the prosecution of individuals shall be in accordance with
the Unified Protocol on Maritime Actions (Annex D)4.
9.3. Methodology for Support to Prosecution of
Offenders. The ultimate objective of the Centers command,
control, and coordinating processes of the Center is to
successfully prosecute apprehended individuals. A Council
approved Unified Protocol on Maritime Actions ensures that
the triad requirements for establishing jurisdiction for law
enforcement are fulfilled prior to interdiction and apprehension
of individuals. Mechanisms for ship borne law enforcement
teams will be established by agreed and approved operational
plans prior to the conduct of individual agency operations.
9.4. Inter-Agency
Command,
Control,
and/or
Coordination Concept. In the accomplishment of its
mission, the Center is guided by defined policies and priorities.
The National Coast Watch Council routinely coordinates with a
range
of
Philippine
government
Departments
and
instrumentalities, including the inter-agency working groups
convened and/or managed by the Council Secretariat. The
4

Title Three

National Coast Watch System Core Manual | 47

Council is established as the central inter-departmental body


that formulates strategic directions and policy guidance for the
Center and other concerned agencies.
9.4.1. The Center translates these policies and guidance into
concrete inter-agency actions and allocates tasks by
establishing synergized command and control relationships
with its member agencies and their respective subordinate
units.
9.4.2. Command.
9.4.2.1.
The Center does not exercise command over
forces, units, or elements of an agency; rather, it provides a
process and a conduit for multi-agency coordination and
planning to facilitate selection, coordination, and integration of
operational effort among the participating agencies for effective
mission accomplishment. There are two chains of command in
an inter-agency setting agency command and multi-agency
command. The first refers to the authority granted to a head of
an agency or a commander of a uniform force by reason of
assignment or rank. This denotes the ownership of an asset or
unit. Agency command is never relinquished to the inter-agency
chain of command. Thus, the Center establishes linkages with
national
level
offices/headquarters
and
subordinate
heads/commanders of these agencies exercising operational
command over their respective units.
9.4.2.2.
On the other hand, multi-agency command for the
Center shall be viewed on the context of its role as an incident
command system. The National Crisis Management Core
Manual defines an incident command system as a set of
personnel, policies, procedures, facilities, and equipment,
integrated into a common organizational structure designed to
improve emergency response operations of all types and
48 | National Coast Watch System Core Manual

complexities. An incident commander is the single person who


commands the incident response and is the decision
decision-maki
making
final authority on the ground. Pursuant to the functions
prescribed in EO 57 and the provisions of EO 82, the Center is
organized as the focal maritime incident command system for
maritime security operations and human induced crisis in the
Philippine maritime
aritime domain.
It must be emphasized that agency command over assets is not
relinquished to the incident commander within the incident
command system as shown in Figure 1.

9.4.3. Control. This is the authority exercised by a commander


over part of the activ
activities
ities of subordinate or other organizations.
This is the process by which commanders plan, guide, and
conduct operations. As such, it is a tasking authority that may
be delegated to other commanders within or outside an agency.
The discretion whether to al
allocate
locate or assign a unit or asset
under a specific control arrangement is resident on the
operational commander within an agency. Thus, this is decided
during joint and inter
inter-agency
agency planning conferences and
dependent on the requirements of a specific incide
incident.

National Coast Watch System Core Manual | 49

9.4.4. Coordination. This authority (not command authority)


is delegated to a commander or individual to coordinate specific
functions and activities involving units of two or more agencies,
or elements. This is an extremely valuable concept since it
carries with it authority to require consultation between
agencies involved but does not have authority to compel
agreement. This relationship entails the exchange of
information to inform, integrate, synchronize, and deconflict
operations. It does necessarily a process of gaining approval but
is often used for mutual exchange of information. The Center
exercises this authority for planning the allocation of
surveillance tasks and/or execution for a specific response
operation or function. This is the main command and control
relationship that the Center exercises with support agencies.
9.4.5. In sum, the level of participation, involvement, or
support that agencies provide to the Center rests on the
discretion of the support agencies. The Center coordinates the
pooled capability and capacity through the conduct of regular
inter-agency planning conferences.
9.4.6. As a Crisis Management Center, it is tasked with
preparing incident management plans that defines these
command and control relationships, support arrangements,
incident management structure and, and establishing the roles
of individual agencies. Contingency plans, SOPs, and planning
manuals are valuable tools for building unity of effort.
9.5. Regional and International Engagement. In
cooperation with other Philippine government agencies, the
Center liaises with a range of other national agencies to
cooperate and strengthen maritime security in the region.

50 | National Coast Watch System Core Manual

9.5.1. The Center liaises on operational matters with the


following foreign national agencies through current liaison
officers or future networking system:
9.5.1.1.
9.5.1.2.
9.5.1.3.
9.5.1.4.
9.5.1.5.
9.5.1.6.
9.5.1.7.
9.5.1.8.
9.5.1.9.
9.5.1.10.
9.5.1.11.

Brunei Marine Police


Vietnam Maritime Police
Thailand Maritime Police
Indonesian
Maritime
Security
Agency
(BAKAMLA);
Indonesian Ministry for Maritime Affairs and
Fisheries;
Malaysian
Maritime
Enforcement
Agency
(MMEA);
Cambodia Maritime Security Committee;
Japanese Coast Guard (JCG);
United States Coast Guard (USCG);
Joint Inter-Agency Task Force-West; and
Australia Border Protection Command

9.5.2. The Center also participates or has an interest in a range


of bilateral, regional and international inter-governmental fora
and activities including, but not limited to:
9.5.2.1.
9.5.2.2.
9.5.2.3.
9.5.2.4.
9.5.2.5.
9.5.2.6.
9.5.2.7.

RP-RI Joint Committee on Border Crossing;


RP-Malaysia Joint Committee Meeting;
RP-Malaysia Joint Committee on Border
Cooperation;
ASEAN Regional Forum;
International Maritime Organization;
Regional Cooperation Agreement on Combating
Piracy and Armed Robbery against Ships in Asia
(ReCAAP); and
Combined Maritime Force

National Coast Watch System Core Manual | 51

10. Conclusion. The NCWS is an innovative inter-agency


mechanism that seeks to more effectively synchronize whole of
government efforts to protect Philippine national interests against
security threats, enforce sovereignty in maritime areas, and fulfill
international responsibilities and obligations.

52 | National Coast Watch System Core Manual

ANNEX B
OF THE CONOPS
Organizational Structure of the Center in General

Organizational Structure of the Centers


Regional Coordinating Centers in General

National Coast Watch System Core Manual | 53

TITLE THREE
UNIFIED PROTOCOL ON MARITIME ACTIONS5

Annex D of the National Coast Watch Center Concept of Operations

54 | National Coast Watch System Core Manual

1.
PURPOSE: The guidelines set forth in this document
establishes the general and specific considerations in planning and
conducting maritime response operations as well as prescribe the
national policy on rules regarding the use of force by law enforcement
personnel during maritime security operations and for military
personnel during operations in support of maritime law
enforcement.
2.

APPLICABILITY
2.1. This protocol applies to all Philippine government
agencies conducting maritime security and law enforcement
operations within Philippine maritime territories and
jurisdictions.
2.2. This protocol applies to defense and military support to
law enforcement agencies conducting operations in Philippine
internal waters, territorial sea, and EEZ.
2.3. This instruction does not apply to military units or
personnel while under Operational Control (OPCON) or
Tactical Control (TACON) to an inter-agency task force in
support of crisis response. While OPCON or TACON to such
task force, such units or personnel will follow the Use of Force
Policy issued by the task force commander or by the incident
command organization of the task force.

3.
RESPONSIBILITIES. The Executive Director of the National
Coast Watch Council Secretariat is responsible for the maintenance of
this protocol. The Director, National Coast Watch Center is
responsible for the dissemination, training, compliance and
monitoring of this document.
4.
SECURITY CLASSIFICATION. This document is approved
for public release; distribution is unlimited. The public may obtain
National Coast Watch System Core Manual | 55

copies of this instruction through the Internet from the national


government website.
5.
GENERAL CONSIDERATIONS ON PLANNING AND
CONDUCTING
MARITIME
ACTIONS
FOR
LAW
ENFORCEMENT OPERATIONS
5.1. Basic in any law enforcement operation is the
establishment of jurisdiction over a vessel, its crew or cargo,
before any enforcement activity may be conducted. Jurisdiction
in the maritime domain is composed of three elements, namely,
the location, vessel or a flag of the vessel, and applicable laws
and regulations.
5.2. Location and Applicable Laws and Regulations.
National laws and international laws define the maritime
jurisdiction of the Philippines. The Philippines is a State Party
to the UN Convention on the Law of the Sea (UNCLOS) that
establishes the various maritime zones and defines the rights
and responsibilities of nations over these waters. Pursuant to
the principles laid down by UNCLOS, the Philippines enacted
Republic Act 9522 or the Philippine Baselines Law. The law
identifies 101 basepoints connecting archipelagic baselines that
enclose the main Philippine archipelago and establishes a
regime of islands in accordance with Article 121 of UNCLOS for
the Kalayaan Island Group and the Bajo de Masinloc or
Scarborough Shoal. The maritime zones in which the
Philippines exercises jurisdiction are measured from these
archipelagic baselines.
5.3. Under UNCLOS and RA 9522, the Philippines as an
archipelagic State has sovereignty over its territorial sea,
archipelagic waters, and inland waters. The Philippines likewise
exercises sovereign rights over its contiguous zone, EEZ, and
continental shelf.
56 | National Coast Watch System Core Manual

5.3.1. Waters Landward Side of the Archipelagic


Baselines. The waters landward side of the baselines
established under RA 9522 includes the inland waters and
archipelagic waters.
5.3.1.1.
Internal Waters. Internal waters for the
Philippines comprise the mouths of rivers, bays and ports
separately delimited by baselines enclosing such waters in
accordance with the relevant provisions of UNCLOS. These
waters are subject to the sovereign jurisdiction of the
Philippines. All Philippine laws are applicable and enforceable
in Philippine internal waters.
5.3.1.2.
Archipelagic Waters. The sovereignty of the
Philippines extends to the waters enclosed by the archipelagic
baselines established under RA 9522 regardless of their depth
or distance from the coast. This sovereignty extends to the
airspace over the archipelagic waters, as well as to their bed and
subsoil, and the resources contained therein.
5.3.1.3.
Applicable Domestic Laws. The following
domestic laws are applicable in the internal and archipelagic
waters:
a.
b.
c.
d.
e.
f.
g.
h.
i.

Marine Pollution Law (PD 979)


Pollution Control Law (PD 984)
Oil Pollution Compensation Act of 2007 RA 9483)
Philippine Clean Water Act of 2004 (RA 9275)
Wildlife Resources Conservation and Protection Act (RA
9157)
Code on Sanitation of the Philippines (PD 856)
Fisheries Code of the Philippines (RA 8550) as amended
by RA 10654
Forestry Reform Code of the Philippines (PD 705)
Toxic Substances and Hazardous and Nuclear Wastes
National Coast Watch System Core Manual | 57

j.
k.
l.
m.
n.
o.
p.

Control Act of 1990 (RA 6969)


Tariff and Customs Code (PD 1464)
Immigration Act of 1940 (Commonwealth Act 613)
Comprehensive Dangerous Drugs Act of 2002 (RA 9165)
Firearms Law (PD 1866 as amended by RA 8294)
Anti-Trafficking in Person Act of 2003 (RA 9208)
Human Security Act of 2007 (RA 9372)
Firecrackers Law (RA 7183)

5.3.1.4.
Rights of Passage in Archipelagic Waters.
Ships of all States enjoy the right of innocent passage through
archipelagic waters. The Philippine Congress is considering the
passage of a law designating archipelagic sea lanes and air
routes thereabove, suitable for the continuous and expeditious
passage of foreign ships and aircraft through or over its
archipelagic waters and the adjacent territorial sea. As provided
under UNCLOS and Philippine law, all ships and aircraft enjoy
the right of archipelagic sea lanes passage in such sea lanes and
air routes. Archipelagic sea lanes passage means the exercise in
accordance with this Convention of the rights of navigation and
overflight in the normal mode solely for the purpose of
continuous, expeditious and unobstructed transit between one
part of the high seas or an exclusive economic zone and another
part of the high seas or an exclusive economic zone.
5.3.2. Waters Seaward of the Archipelagic Baselines.
The waters seaward of the Philippine Baselines under RA 9522
includes the territorial sea, contiguous zone, exclusive economic
zone and the high seas.
5.3.2.1.
Territorial Sea. The breadth of the territorial sea
as may be established by law shall not exceed 12 nautical miles,
measured from baselines as drawn in accordance with RA
9522.The following national laws may be implemented in the
territorial sea of the Philippines.
58 | National Coast Watch System Core Manual

a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.

Marine Pollution Law (PD 979)


Pollution Control Law (PD 984)
Oil Pollution Compensation Act of 2007 RA 9483)
Philippine Clean Water Act of 2004 (RA 9275)
Wildlife Resources Conservation and Protection Act (RA
9157)
Code on Sanitation of the Philippines (PD 856)
Fisheries Code of the Philippines (RA 8550) as amended
by RA 10654
Forestry Reform Code of the Philippines (PD 705)
Toxic Substances and Hazardous and Nuclear Wastes
Control Act of 1990 (RA 6969)
Tariff and Customs Code (PD 1464)
Immigration Act of 1940 (Commonwealth Act 613)
Comprehensive Dangerous Drugs Act of 2002 (RA 9165)
Firearms Law (PD 1866 as amended by RA 8294)
Anti-Trafficking in Person Act of 2003 (RA 9208)
Human Security Act of 2007 (RA 9372)
Firecrackers Law (RA 7183)

5.3.2.2.
Rights of Passage in the Territorial Sea.
Ships of all States, whether coastal or land-locked, enjoy the
right of innocent passage through the Philippine territorial sea.
In the territorial sea, submarines and other underwater vehicles
are required to navigate on the surface and to show their flag.
The Philippines may adopt laws and regulations, in conformity
with the provisions of UNCLOS and other rules of international
law, relating to innocent passage through the territorial sea, in
respect of all or any of the following:
a.
b.
c.

the safety of navigation and the regulation of maritime


traffic;
the protection of navigational aids and facilities and
other facilities or installations;
the protection of cables and pipelines;
National Coast Watch System Core Manual | 59

d.
e.

the conservation of the living resources of the sea;


the prevention of infringement of the fisheries laws and
regulations of the coastal State;
the preservation of the environment of the coastal State
and the prevention, reduction and control of pollution
thereof;
marine scientific research and hydrographic surveys;
The prevention of infringement of the customs, fiscal,
immigration or sanitary laws and regulations of the
coastal State.
Such laws and regulations shall not apply to the design,
construction, manning or equipment of foreign ships
unless they are giving effect to generally accepted
international rules or standards.

f.
g.
h.
i.

5.3.2.3.
Contiguous Zone. The breadth of the contiguous
zone as may be established by Philippine law shall not extend
beyond 24 nautical miles from the baselines from which the
breadth of the territorial sea is measured. The Philippines may
exercise the control necessary to:
a.
Prevent infringement of its customs, fiscal, immigration
or sanitary laws and regulations within its territory or territorial
sea;
b.
Punish infringement of the above laws and regulations
committed within its territory or territorial sea.
c.
The following national laws may be implemented in the
contiguous zone of the Philippines.
i.
ii.
iii.
iv.

Marine Pollution Law (PD 979)


Pollution Control Law (PD 984)
Philippine Clean Water Act of 2004 (RA 9275)
Wildlife Resources Conservation and Protection

60 | National Coast Watch System Core Manual

v.
vi.
vii.
viii.
ix.
x.
xi.

Act (RA 9157)


Code on Sanitation of the Philippines (PD 856)
Fisheries Code of the Philippines (RA 8550) as
amended by RA 10654
Forestry Reform Code of the Philippines (PD 705)
Toxic Substances and Hazardous and Nuclear
Wastes Control Act of 1990 (RA 6969)
Tariff and Customs Code (PD 1464)
Immigration Act of 1940 (Commonwealth Act 613)
Anti-Trafficking in Person Act of 2003 (RA 9208)

5.3.2.4.
Exclusive
Economic
Zone
(EEZ).The
Philippine EEZ shall not extend beyond 200 nautical miles from
the baselines from which the breadth of the territorial sea is
measured. In the exclusive economic zone, the coastal State has:
a.
sovereign rights for the purpose of exploring and
exploiting, conserving and managing the natural resources,
whether living or non-living, of the waters superjacent to the
seabed and of the seabed and its subsoil, and with regard to
other activities for the economic exploitation and exploration of
the zone, such as the production of energy from the water,
currents and winds;
b.
jurisdiction as provided for in the relevant provisions of
UNCLOS with regard to:
i.
ii.
iii.
iv.

the establishment and use of artificial islands,


installations and structures;
marine scientific research;
the protection and preservation of the marine
environment;
Other rights and duties provided for in UNCLOS.

The Philippines may, in the exercise of its sovereign rights to


National Coast Watch System Core Manual | 61

explore, exploit, conserve and manage the living resources in


the exclusive economic zone, take such measures, including
boarding, inspection, arrest and judicial proceedings, as may be
necessary to ensure compliance with the laws and regulations
adopted by it in conformity with UNCLOS. The following
national laws may be implemented in the EEZ of the
Philippines.
a.
b.
c.
d.
e.
f.
g.
h.

Marine Pollution Law (PD 979)


Pollution Control Law (PD 984)
Oil Pollution Compensation Act of 2007 RA 9483)
Philippine Clean Water Act of 2004 (RA 9275)
Wildlife Resources Conservation and Protection Act (RA
9157)
Fisheries Code of the Philippines (RA 8550) as amended
by RA 10654
Toxic Substances and Hazardous and Nuclear Wastes
Philippine Mining Act of 1995 (RA 7942)

5.3.2.5.
Right of Passage. In the EEZ all nations enjoy
the right to exercise the traditional high seas freedom of
navigation and over flight, of the laying of submarine cables and
pipelines, and of all other traditional high seas uses by ships
and aircraft which are not resource-related.
5.3.3. High Seas. The high seas refer to all parts of the
that are not included in the exclusive economic zone, in
territorial sea or in the internal waters of a State, or in
archipelagic waters of an archipelagic State. The high seas
open to all States, whether coastal or land-locked.
5.3.3.1.

sea
the
the
are

Rights Of Visit And Hot Pursuit.

a.
Right of Visit (Article 110 of UNCLOS). Except where acts
of interference derive from powers conferred by treaty, a
62 | National Coast Watch System Core Manual

warship which encounters on the high seas a foreign ship, other


than a ship entitled to complete immunity in accordance with
UNCLOS articles 95 and 96, is not justified in boarding it
unless there is reasonable ground for suspecting that:
i.
ii.
iii.
iv.
v.

the ship is engaged in piracy


the ship is engaged in the slave trade;
the ship is engaged in unauthorized broadcasting
and the flag State of the warship has jurisdiction
under article 109;
the ship is without nationality; or
though flying a foreign flag or refusing to show its
flag, the ship is, in reality, of the same nationality
as the warship.

b.
In the cases provided for in the preceding paragraph, the
warship may proceed to verify the ship's right to fly its flag. To
this end, it may send a boat under the command of an officer to
the suspected ship. If suspicion remains after the documents
have been checked, it may proceed to a further examination on
board the ship, which must be carried out with all possible
consideration.
c.
If the suspicions prove to be unfounded, and provided
that the ship boarded has not committed any act justifying
them, it shall be compensated for any loss or damage that may
have been sustained.
d.
These provisions also apply to any other duly authorized
ships or aircraft clearly marked and identifiable as being on
government service.
e.
Right of Hot Pursuit (Article 111 of UNCLOS). The
hot pursuit of a foreign ship may be undertaken when the
competent authorities of the coastal State have good reason to
National Coast Watch System Core Manual | 63

believe that the ship has violated the laws and regulations of
that State. Such pursuit must be commenced when the foreign
ship or one of its boats is within the internal waters, the
archipelagic waters, the territorial sea or the contiguous zone of
the pursuing State, and may only be continued outside the
territorial sea or the contiguous zone if the pursuit has not been
interrupted. It is not necessary that, at the time when the
foreign ship within the territorial sea or the contiguous zone
receives the order to stop, the ship giving the order should
likewise be within the territorial sea or the contiguous zone. If
the foreign ship is within a contiguous zone, as defined in article
33, the pursuit may only be undertaken if there has been a
violation of the rights for the protection of which the zone was
established.
f.
The right of hot pursuit shall apply mutatis mutandis to
violations in the exclusive economic zone or on the continental
shelf, including safety zones around continental shelf
installations, of the laws and regulations of the coastal State
applicable in accordance with the Convention to the exclusive
economic zone or the continental shelf, including such safety
zones.
g.
The right of hot pursuit ceases as soon as the ship
pursued enters the territorial sea of its own State or of a third
State.
h.
Hot pursuit is not deemed to have begun unless the
pursuing ship has satisfied itself by such practicable means as
may be available that the ship pursued or one of its boats or
other craft working as a team and using the ship pursued as a
mother ship is within the limits of the territorial sea, or, as the
case may be, within the contiguous zone or the exclusive
economic zone or above the continental shelf. The pursuit may
only be commenced after a visual or auditory signal to stop has
been given at a distance which enables it to be seen or heard by
64 | National Coast Watch System Core Manual

the foreign ship.


i.
The right of hot pursuit may be exercised only by
warships or military aircraft, or other ships or aircraft clearly
marked and identifiable as being on government service and
authorized to that effect.
j.

Where hot pursuit is conducted by an aircraft:


i.

the provisions of paragraphs 1 to 4 shall apply


mutatis mutandis;

ii.

the aircraft giving the order to stop must itself


actively pursue the ship until a ship or another
aircraft of the coastal State, summoned by the
aircraft, arrives to take over the pursuit, unless the
aircraft is itself able to arrest the ship. It does not
suffice to justify an arrest outside the territorial sea
that the ship was merely sighted by the aircraft as
an offender or suspected offender, if it was not both
ordered to stop and pursued by the aircraft itself or
other aircraft or ships which continue the pursuit
without interruption.

iii.

The release of a ship arrested within the


jurisdiction of a State and escorted to a port of that
State for the purposes of an inquiry before the
competent authorities may not be claimed solely on
the ground that the ship, in the course of its voyage,
was escorted across a portion of the exclusive
economic zone or the high seas, if the
circumstances rendered this necessary.

iv.

Where a ship has been stopped or arrested outside


the territorial sea in circumstances which do not
justify the exercise of the right of hot pursuit, it
National Coast Watch System Core Manual | 65

shall be compensated for any loss or damage that


may have been thereby sustained.
5.3.4. The Continental Shelf. The Philippine continental
shelf comprises the seabed and subsoil of the submarine areas
that extend beyond its territorial sea throughout the natural
prolongation of its land territory to the outer edge of the
continental margin, or to a distance of 200 nautical miles from
the baselines from which the breadth of the territorial sea is
measured where the outer edge of the continental margin does
not extend up to that distance. In accordance UNCLOS, the
Philippines has an Extended Continental Shelf (ECS) on the
Benham Rise in North Eastern Luzon over the Pacific Ocean.
The Philippines is studying the submission of an ECS in the
West Philippine Sea in due time.
5.3.4.1.
Rights and Responsibilities of States Over
the Continental Shelf. The Philippines exercises over its
continental shelf and approved ECS sovereign rights for the
purpose of exploring it and exploiting its natural resources. The
rights referred to are exclusive in the sense that if the
Philippines does not explore the continental shelf or exploit its
natural resources, no one may undertake these activities
without the express consent of the Philippines. The rights of the
Philippines over the continental shelf do not depend on
occupation, effective or notional, or on any express
proclamation. The natural resources referred to consist of the
mineral and other non-living resources of the seabed and
subsoil together with living organisms belonging to sedentary
species, that is to say, organisms which, at the harvestable
stage, either are immobile on or under the seabed or are unable
to move except in constant physical contact with the seabed or
the subsoil. The following national laws may be implemented
on the continental shelf of the Philippines.
66 | National Coast Watch System Core Manual

a.
b.
c.
d.
e.
f.
g.
h.

Marine Pollution Law (PD 979)


Pollution Control Law (PD 984)
Oil Pollution Compensation Act of 2007 RA 9483)
Philippine Clean Water Act of 2004 (RA 9275)
Wildlife Resources Conservation and Protection Act (RA
9157)
Fisheries Code of the Philippines (RA 8550)
Toxic Substances and Hazardous and Nuclear Wastes
Philippine Mining Act of 1995 (RA 7942)

6.
Conduct of Surveillance, Approach, and Interrogation
of Vessels. This outlines the procedures governing the surveillance,
interrogation, approach and stopping of vessels identified as critical
contact of interest (CCOIs) during the conduct of maritime
operations.
6.1. Maritime Interdiction Operations. A maritime
interdiction
operation
(MIO)
encompasses
seaborne
enforcement measures to intercept the movement of certain
persons, vessels or goods into or out of a specific maritime area.
MIO are normally restricted to the interception and, if
necessary, boarding of CCOI to verify, redirect or apprehend
persons or impound vessels and/or cargoes in pursuit of the
maritime law enforcement operations. Units engaged in MIO
normally exercise the right to perform the following:
6.1.1. Interrogate vessels for reasons other than safe navigation.
6.1.2. Send boarding parties to visit vessels bound to, through,
or out of a defined area.
6.1.3. Examine each ships papers and cargo.
6.1.4. Search for evidence of prohibited items.
6.1.5. Divert vessels failing to comply with the guidelines set
National Coast Watch System Core Manual | 67

forth by national authorities or bodies.


6.1.6. Seize vessels and their cargo that refuse to divert.
6.2. For a MIO to be recognized as lawful under international
law, the provisions thereof must be applied to vessels of all
nationalities, except military and government vessels. Force
may be utilized, if required, to ensure compliance with
interdiction operations.
6.3. Surveillance. Surveillance of the CCOI is vital to the
collection of intelligence by the boarding party. As much
intelligence as possible should be collected in case the CCOI
becomes hostile. Essential elements of information (EEI) must
be collected to support the conduct of operations shall include
the following:
6.3.1. Number and type (civilian/government/military) of
personnel on board CCOI and the number;
6.3.2. Location and types of weapons carried.
6.3.3. Evidence of topside or portable weapons, such as
machine guns or shoulder fired rockets;
6.3.4. Photographs of cargo on deck, hatches that lead into ship,
bridge configuration, and unusual activity;
6.3.5. Nature of cargo and how stowed;
6.3.6. Evidence of false waterlines;
6.3.7. Unusual obstructions on deck or any evidence of
preparations to repel or impede boarding operations;
68 | National Coast Watch System Core Manual

6.3.8. Maneuvers by CCOI to evade interdiction; and


6.3.9. Evidence of old markings painted over.
6.4. Approaching the CCOI. The patrol vessel shall use all
available communication means and will make every effort to
make her intentions and orders clear, by means of voice,
international signals, or any other means available especially
when the CCOI is a smaller vessel and may not have the
standard communications kit found in bigger sea going vessels.
During this, and all phases of interdiction operations, maneuver
the patrol vessel to minimize susceptibility to a hostile act, such
as ramming or hostile fire. If operating overtly, maintain a safe
distance that minimizes the distance needed to be covered by
the patrol vessels small boat once it is decided to conduct a
boarding. Additionally, give consideration to positioning the
patrol vessel on the CCOIs port or starboard quarters within
the most effective range of the patrol vessels crew served
weapons, providing reasonable accuracy to the patrol vessels
weapons and sufficient sea room for maneuvering, if required.
If there is sufficient information and expectation that the CCOI
is to be boarded, prepare the boarding team.
6.5. Interrogation Procedures. It is imperative that the
overall tone of any hailing or interrogation be firm, yet cordial
and non-confrontational. Note that the bridge watch and crew
of the CCOI may not be proficient in English. To facilitate
communication, the boarding team may have to locate someone
who may not necessarily be the master. It is important,
however, to ensure that the master is present during hailing and
interrogation, even if the master does not speak English. Due to
accents and informal languages, the responses may not be
easily understood, with questions having to be repeated more
than once. Request that words be spelled, if necessary. A list of
ports in the area of operation should be prepared and used as a
National Coast Watch System Core Manual | 69

ready reference. While maintaining a polite attitude, remain


alert for any delaying tactics.
6.5.1. Initial Interrogation. A patrol vessel or an aircraft
may conduct the initial interrogation. The purpose of this
interrogation is to obtain the information about the CCOI to
determine whether or not a boarding will be required. Units
should make initial contact with the vessel on VHF channel 16,
having attracted attention by night by the use of appropriate
colored light. Interrogation procedures are then conducted on
an assigned VHF working channel. To gain the attention of the
CCOI, specifically if its name is unknown, refer to its
latitude/longitude position in reference to a known geographic
reference point, course, and speed. The following hail is
recommended:
Merchant vessel ____________, this is _____
ship/warship/aircraft. Request you state your port
of origin, your flag, registry, international call sign,
your cargo, your last port of call, next port of call,
and final destination, over.
If it is determined that a boarding operation will not be
necessary based on stated destination, the following may be
used to dispatch the CCOI:
Merchant vessel ___________, this is ______
ship/warship/aircraft. We do not intend to conduct
an inspection. You are instructed to proceed directly
to your destination of _______________. Thank
you for your cooperation.
6.5.2. Subsequent Interrogation Prior to Boarding. If
the decision to board is made, this should be relayed directly to
the CCOIs master. The following hail is recommended:
70 | National Coast Watch System Core Manual

Merchant vessel ___________, this is _______


ship/warship/aircraft. Intentions are to conduct a
visit and search of your vessel in accordance with
_________, and under the authority of
___________. We intend no harm to your vessel,
cargo, or crew. If the inspection team confirms that
your manifest is in order, your cargo accessible, and
you are not carrying prohibited cargo, you will be
allowed to proceed to your destination. Please stand
by to accept my boarding team. You will need to (i.e.,
rig a ladder, stop your engines, and go to a holding
point).
6.5.3. If the CCOIs master consents to being boarded, the
following additional information should be obtained:
6.5.3.1.

The total number of people on board the vessel, the


number of women, children, sick or injured.

6.5.3.2.

Whether or not animals are carried on board the


CCOI.

6.5.3.3.

Any weapons and their location on board the CCOI.

6.5.3.4.

The preferred location for placement of the pilots


ladder.

6.5.4. In addition, instruct the CCOIs master to:


6.5.4.1.

Have his crew muster in a space in open view of the


boarding ship (to facilitate counting prior to
boarding). The crewmembers not present at
muster should be clearly stated by the vessels
master.
National Coast Watch System Core Manual | 71

6.5.4.2.

Turn on all interior lights (and exterior, if at night).

6.5.4.3.

Have all unlocked spaces opened as much as


possible and keys made readily available for all
locked spaces.

6.5.4.4.

Have all the ships papers and crew identification


brought to the bridge.

6.5.4.5.

If boarding by boat, instruct vessel to slow to bare


steerageway and come to a course suitable for
boarding or to stop, depending on tactical
situation.

6.6. Diversion Procedures. Following an interrogation, it


may become apparent that a CCOI is carrying undocumented
persons, prohibited cargo and/or proceeding to a prohibited
port. Having this knowledge may present the option of simply
diverting the CCOI to another port, if inbound, or returning to
previous port, if outbound, vice conducting a boarding
operation. CCOI may also have to be diverted to an inspection
port or anchorage when weather conditions do not permit
boarding, following with a boarding when it becomes apparent
that the vessel may be carrying undocumented persons,
prohibited cargo, or when the boarding team cannot easily
check its cargo.
6.7. Stopping Procedures. The measures taken to stop a
CCOI vary and depend on several factors. Rules on the Use of
Force (RUF) and specific instructions from senior officers in the
chain of command must be taken into account. It is assumed
that the boarding ship is fully aware of the limits to the
magnitude and type of force it may employ. Stopping the CCOI
may not mean coming to a stop, but slowing to bare
steerageway or dead slow ahead (depending on engineering
72 | National Coast Watch System Core Manual

configuration and sea state) to support small boat operations.


The following should be used to inform the master that his ship
is to be boarded:
Merchant vessel ________________, this is
_______ ship/warship/aircraft. At this time,
_________ intends to exercise its right to board
and inspect under international law in accordance
with its previously published notice to mariners.
___________ intends no harm to your vessel, its
cargo, or your crew. Please stop/slow your vessel
and stand by to accept __________ boarding
team.
At this point, a compliant CCOI will comply with the request
and stop/slow. If a CCOI refuses to consent to inspection, it
must divert (if inbound), return to port of origin (if outbound),
or be considered for a non-compliant or hostile boarding.
6.8. Distress Calls. Deployed units shall give their fullest
cooperation and assistance in responding to distress pursuant
to the Safety of Life at Sea (SOLAS) Convention and other
relevant international practices.
6.9. Documenting
seizure

pursuit,

boarding,

search

and

6.9.1. Whenever available, a handheld high-resolution video


camera or the remotely operated Electro Optical Director
(EOD) camera on board the patrol vessel shall be used to obtain
video documentation of pursuit, board, search and seizure
operations. Alternatively, a photo documentation of the pursuit,
board, search and seizure operations shall be obtained
wherever available.
National Coast Watch System Core Manual | 73

6.9.2. Once commenced, video documentation should be


continuous. The date and time shall be accurately reflected in
the video footages and photos taken. Video and photo
documentation shall accurately depict the situation being
recorded. This shall include the following whenever possible:
6.9.2.1.

The Critical Contact of Interest (CCOI) on


approach

6.9.2.2.

Communications between apprehending vessel and


CCOI [e.g. Directives to CCOI and Long Range
Audio Device (LRAD) warnings]

6.9.2.3.

Sea state

6.9.2.4.

CCOI condition and characteristics (e.g. cargo,


vessel
seaworthiness,
engine,
equipment,
navigation and communications fit, vessel name
and flag)

6.9.2.5.

CCOI behavior at sea, including its passengers and


crew

6.9.2.6.

Unlawful activities being conducted (e.g. dumping


of contraband or evidence)

6.9.2.7.

Preparations for boarding of boarding party

6.9.2.8.

Actual boarding, search and seizure operations

6.9.2.9.

Identification and processing of passengers and


crew

6.9.2.10.

Inspection and investigation of apprehended vessel


and persons-in-custody or persons-in-care

74 | National Coast Watch System Core Manual

6.9.2.11.

Items seized and conduct of inventory

6.9.2.12.

Apprehended vessel escort or towing operations

6.9.2.13.

Handover of custody

6.9.3. The videographer or photographer shall execute a sworn


statement in support of the photo and video documentation for
purposes of authentication. Interruptions or breaks in the video
documentation shall be accounted for in the statement. All
photos taken shall be logged, identifying the image captured
and stating the date, time and place of the photo or video, and
explanation of the scenes depicted in the photos.
6.9.4. With due regard for operational security and other
considerations, video documentation may be included in the
Evidence Packet.
7.

GENERAL GUIDELINES ON THE USE OF FORCE


7.1. This section provides legal and policy guidance for units
involved in maritime law enforcement operations and those
operating in support thereof.
7.2. As a matter of policy, military personnel will not directly
participate in law enforcement activities and functions such as a
search, seizure, arrest, or other similar activities unless:
7.2.1. authorized under specific legislations
7.2.2. provided with deputation orders; and/or
7.2.3. no other unit or personnel is available to conduct the
activity.
7.3. All units and personnel, while conducting maritime law
National Coast Watch System Core Manual | 75

enforcement operations may use force in individual or unit selfdefense, or in defense of others within the immediate vicinity of
the law enforcement personnel.
7.4. Law enforcement personnel and military personnel
performing law enforcement functions have the primary
responsibility for protecting themselves.
7.5. Law enforcement personnel may not use force to
facilitate the accomplishment of the underlying law
enforcement operation.
7.6. Law enforcement personnel will make every effort to
avoid confrontation, armed or otherwise, with non-mission
personnel and civilians. If confrontation, armed or otherwise,
appears likely to occur, law enforcement personnel should, if
circumstances permit, take the following actions:
7.6.1. Alert all agency personnel in the units vicinity or area
and prepare to withdraw from the area if the situation is beyond
the capability of the unit to sufficiently address;
7.6.2. Notify the National Coast Watch Center of the situation;
7.6.3. Withdraw to a pre-designated position (rally point)
where confrontation with non-mission personnel and/or
civilians will be avoided.
7.7. If force other than deadly force (non-deadly force) can be
used without unreasonably increasing the danger or threat of
death or serious physical injury to law enforcement personnel
or others within the immediate vicinity of personnel or unit,
deadly force is not necessary.
7.8. If feasible, and if to do so would not increase the danger
76 | National Coast Watch System Core Manual

to law enforcement personnel or others, a verbal warning to


cease the threatening actions will be given before using deadly
force.
7.9. Warning shots are not authorized.
7.10. Law enforcement personnel may use force in individual
or unit self-defense, or in defense of other persons within the
immediate vicinity of the law enforcement personnel, or to
prevent the actual theft or sabotage of property designated as
vital to national security or inherently dangerous property.
When force is used, only the minimum force necessary to
control a situation or deter the use of force against law
enforcement personnel or others within the immediate vicinity
of threatened law enforcement personnel is authorized.
7.11. Guidance On Hostile Intent. Hostile intent is the
threat of the imminent use of force. A determination of hostile
intent is based on the existence of an identifiable threat
recognizable on the basis of both of the capability and intention.
The right to use force in self-defense arises either when forces
have been attacked and/or when there is demonstrated hostile
intent. Demonstrated hostile intent exists when there is a
reasonable belief that an attack or use of force is imminent,
based on an assessment of all the facts and circumstances
known at the time.
7.11.1. Ascertaining Hostile Intent. In determining whether
an entity is demonstrating hostile intent, forces will use their
best judgment and consider available intelligence, political and
military factors, indications and warnings, and all other
relevant information concerning the capabilities of possible
threats in the area of operations.
7.11.2. Indicators of Hostile Intent. There is no checklist of
National Coast Watch System Core Manual | 77

indicators that will conclusively determine hostile intent. The


following are examples of actions that may, depending on the
circumstances, demonstrate hostile intent:
7.11.2.1.
7.11.2.2.
7.11.2.3.
7.11.2.4.
7.11.2.5.
7.11.2.6.

Aiming or directing weapons.


Adopting an attack profile.
Closing within weapon release range.
Illuminating with radar or laser designators.
Passing targeting information.
Failing to respond to the proactive measures listed
below in Paragraph 3d.

7.11.3. Proactive Measures that may Assist in


Ascertaining Hostile Intent. In addition to the above
indicators of hostile intent, time and circumstances permitting,
forces should take proactive measures to assist in determining
the intent of an opposing entity or force, including, but not
limited to:
7.11.3.1.
7.11.3.2.
7.11.3.3.
7.11.3.4.
7.11.3.5.
7.11.3.6.
7.11.3.7.

Verbal query
Verbal warning
Visual signals
Noise signals
Physical barriers
Changing course and speed to determine if
continuing to maintain an attack profile
Firing warning shots.

7.12. Guidance on Escalation of Force (EOF) In SelfDefense. In all self-defense situations, when confronted with
circumstances in which the use of force may become necessary,
it is appropriate to exercise control over the application of force
so as to ensure that the use of force is justifiable. Consequently,
when time and circumstances permit, use of force must always
be graduated. Escalation of force (EOF) may involve sequential
78 | National Coast Watch System Core Manual

actions that begin with non-deadly force measures and may


graduate to deadly force measures. EOF procedures are
designed to avoid unjustifiable use of force.
7.12.1. Graduated use of force. Graduated use of force
requires that individuals confronted with a need to use force
should always aim to use the least harmful option available in
those circumstances. Indeed, one principal purpose of
graduated use of force is to create operational time and space in
the hope that there will be no need to escalate to use of deadly
force in self-defense.
7.12.2.

Use of force options. A variety of options for use


of force may be available in any given situation.
The options available will often include:

7.12.2.1.

Presence

7.12.2.2.

Verbal and visual warnings, including display of


weapons

7.12.2.3.

Non-lethal weapons such as water cannons

7.12.2.4.

Lethal weapons

7.12.3.
Escalation of Force. There are a number of
general considerations that should be taken into account in
relation to EOF policy options:
7.12.3.1.
EOF is concerned with employing the necessary
option. Use of force options must be read within their context
on every occasion that is, the assessment as to what the
minimum first response shall be should be made on a case-bycase basis. Use of an excessive option, where a less harmful
option could reasonably have achieved the aim of neutralizing
National Coast Watch System Core Manual | 79

or removing the threat in the circumstances encountered, may


have legal consequences for individual users of force.
7.12.3.2.
Where time and circumstances permit it is
expected that less harmful options will be exercised before more
harmful options are used.
7.12.3.3.
Use of proactive measures to determine hostile
intent and EOF measures are similar and may serve the same
purpose.
7.13. Necessity to Use Deadly Force
7.13.1. Deadly force is force likely to cause death or serious
physical injury. Use of deadly force must be objectively
reasonable under all circumstances known to law enforcement
personnel at the time. Force that is not likely to cause death or
serious physical injury, but unexpectedly results in such harm
or death, is not deadly force.
7.13.2.
Deadly force is not authorized unless it is
necessary. The necessity to use deadly force arises when:
7.13.2.1.
Law enforcement personnel have a reasonable and
honest belief that the subject of such force poses an imminent
danger of death or serious physical injury to himself or others
within their immediate vicinity; or
7.13.2.2.
When there is no safe alternative to using such
force, and without it, law enforcement personnel or others
within their immediate vicinity would face imminent danger or
threat of death or serious physical injury.
7.13.2.3.
Imminent
does
not
necessarily
mean
immediate or instantaneous. The determination of whether
80 | National Coast Watch System Core Manual

a particular threat or danger is imminent is based on an


assessment of all circumstances known to law enforcement
personnel at the time.
7.14. Allowable Actions. The following are general lists of
allowable actions depending on the type and nature of vessels
subjected to surveillance or interdiction operations.
7.14.1. Actions Against Foreign Military Vessels. Law
enforcement units will avoid confrontation with foreign military
vessel. If confrontation, armed or otherwise, appears likely to
occur, law enforcement unit should, if circumstances permit,
take the following actions:
7.14.1.1.
Alert all law enforcement personnel in the units
vicinity or area and prepare to withdraw from the area.
7.14.1.2.
Notify the appropriate higher headquarters and
nearest Philippine Navy unit in the area.
7.14.1.3.
Withdraw to a pre-designated position where
confrontation with the foreign military vessel will be avoided
until further instructions from the National Command
Authority has been issued.
7.14.1.4.

Warning shots are not authorized.

7.14.2.
Actions
Against
Foreign
Civilian
Government Vessels. Law enforcement unit will avoid
confrontation with foreign government civilian vessel. If
confrontation, armed or otherwise, appears likely to occur, law
enforcement unit should, if circumstances permit, take the
following actions:

National Coast Watch System Core Manual | 81

7.14.2.1.
Alert all LAW ENFORCEMENT personnel in the
units vicinity or area.
7.14.2.2.
Notify the appropriate higher headquarters and
nearest Philippine Navy and other friendly units in the area.
7.14.2.3.
Withdraw to a pre-designated position where
confrontation with the foreign civilian government vessel will
be avoided until further instructions from the National
Command Authority has been issued.
7.14.2.4.

Warning shots are not authorized.

7.14.3.
Actions Against Foreign Fishing Vessels.
Law enforcement units will avoid confrontation with a fishing
vessel. If confrontation, armed or otherwise, appears likely to
occur, law enforcement unit should, if circumstances permit,
take the following actions:
7.14.3.1.

Alert all law enforcement personnel and BFAR


personnel in the units vicinity or area.

7.14.3.2.

Secure authority from appropriate headquarters to


conduct vessel board, search, and seizure
operations.

7.14.3.3.

Order the foreign fishing vessel to divert and leave


Philippine waters.

7.14.4.
Actions Against Foreign Merchant Vessel.
Law enforcement personnel will avoid confrontation with a
foreign merchant vessel. Law enforcement unit should, if
circumstances permit, take the following actions:

82 | National Coast Watch System Core Manual

7.14.4.1.

Monitor the movement of the foreign merchant


vessel and ensure its safety and security when so
warrant.

7.14.4.2.

Verify the identity of the vessel and ensure that it is


not a pirated vessel.

7.14.4.3.

Ensure that the passage of the merchant vessel


remains innocent pursuant to international
maritime laws, rules, and regulations.

If the merchant vessel shows actions other than those allowed


under the regime of innocent passage, a verbal or visual
warning to cease the threatening actions will be given before
using any force against the vessel.
7.15. Actions Requiring Use of Non-Lethal Force. Law
enforcement units may use force in individual or unit selfdefense, or in defense of other persons within the immediate
vicinity of their personnel, or to prevent the actual damage to
government property. When force is used, only the minimum
force necessary to control a situation or deter the use of force
against law enforcement personnel or others within the
immediate vicinity of threatened law enforcement personnel is
authorized.
7.15.1.

Normally, force is to be used only as a last resort,


and should be the minimum necessary. The use of
force must be reasonable in intensity, duration,
and magnitude based on the totality of the
circumstances to counter the threat. If force is
required, non-lethal force is authorized and may be
used to control a situation and accomplish the
mission, or to provide self-defense of law
enforcement forces, or in defense of the ship, when
National Coast Watch System Core Manual | 83

doing so is reasonable under the circumstances.


Deadly force is authorized only when all lesser
means have failed or cannot reasonably be
employed and the circumstances otherwise justify
the use of lethal force.
7.15.2.

General direction regarding the appropriate use of


force can be divided into five broad categories
related to the goals of the units providing support
and behavior of subject audience. They are:
Intimidate/Control
Deny/Obstruct/Impede,
Disorient/Distract,
Disable/Incapacitate,
and
Cause Death/Serious Injury.

7.15.2.1.
Intimidate/Control. In most cases, the subject
audience will comply with the verbal instructions or commands.
When time and circumstances permit, the individual(s) or
group should be warned and given the opportunity to withdraw
with the goal of preventing the escalation of force. Verbal
commands used with firmness and tact should be sufficient to
control the situation. Additionally, the law enforcement units
resolve can be implied by mere presence, donning protective
gear, or forming into battle control formations.
7.15.2.2.
Deny/Obstruct/Impede. At this level, the
subject audience exhibits usually simple resistance or refusal to
obey instructions and there is no immediate danger of a
physical confrontation. The use of tactics, techniques and
procedures to deny the subject audience presence in or access
to an area or to obstruct or impede their movement is
authorized.
7.15.2.3.
Disorient/Distract. At this level, actual physical
resistance may be encountered. Resistance is commonly
manifested by continued refusal to comply with directions
84 | National Coast Watch System Core Manual

coupled with threatening behavior and open defiance. The use


of non-lethal weapons (NLWs) that cause physical
disorientation and distraction may be authorized by the
appropriate approval authority.
7.15.2.4.
Disable/Incapacitate. This is the level at which
law enforcement personnel are in imminent danger of bodily
injury. It is generally characterized by the subject audience
using physical attacks or other combative actions to prevent
apprehension or otherwise frustrate enforcement operations.
The use of Service-approved, unit-issued NLWs that cause
physical discomfort, physical incapacitation or blunt trauma are
authorized. Care should be exercised in employing such options
as they may cause painful or debilitating injuries, and in some
rare cases, death.
7.15.2.5.
Cause Death/Serious Injury. In the final level,
the subject audience behaves in a manner that is combative and
poses an imminent threat of death or serious bodily harm. In
such cases, law enforcement forces may respond with deadly
force. While deadly force is to be used only when all lesser
means have failed or cannot reasonably be employed, lethal
force is authorized under the succeeding sections.
7.16. Supplemental
Instructions.
Supplemental
instructions to these rules are provided herein. If further
instructions are necessary, the same may be recommended by
the Director, National Coast Watch Center. This compendium
provides rules that are divided into groups that deal with
different areas of operational activity. Within these groups
there are a number of series of rules, each of which regulates a
distinct activity. These are supplemental measures provided to
operating units and must be treated in such a manner as to
clarify the general rules prescribed in the preceding sections.
Spare numbers are provided for the drafting of rules not
National Coast Watch System Core Manual | 85

included in the compendium as may be determined by the


National Coast Watch Center.
GROUP 1-4
USE OF FORCE IN THE DEFENSE OF SELF AND OTHERS

Series 1

Purpose:

Use of Force in Individual Self-Defense

To regulate the right to use force in individual self-defense.


Rule
1A

Series 2

Purpose:

Use of force, up to and including deadly force, in


individual self- defense is permitted.

1B

Use of non-deadly force in individual self-defense is


permitted.

1C-Z

Spare.

Use of Force in Unit Self-Defense

To regulate the right to use force in unit self-defense.


Rule
2A
2B
2C

2D

2 E Z

Use of force, up to and including deadly force, is permitted


in unit self-defense.
Use of non-deadly force in unit self-defense is permitted.

Use of non-deadly force where there is likelihood of


damage to property that will lead to injury of persons in
own unit or other units of own nation is permitted.
Use of force, up to and including deadly force, where there
is a likelihood of damage to property that will lead to an
imminent threat to life in own unit or other units of own
nation is permitted.
Note: Defense of property in such situations is an exercise
of the right of unit self-defense in situations where the unit
or persons in the unit are in peril. See Series 40 for
measures regarding the use of force to protect property.
Spare.

86 | National Coast Watch System Core Manual

Series 3
Purpose:

Use of Force for the Protection of Others

To regulate the use of force for protection of persons who are not
members of the Force.
Rule
3A
3B
3C
3D-Z

Use of force for the protection of others is prohibited.

Use of non-deadly force for the protection of Filipino citizens


is permitted.

Use of force, up to and including deadly force, to


prevent the commission of a serious crime against a
Philippine flagged vessel is permitted.
Spare.

GROUP 4-7
USE OF FORCE FOR MISSION ACCOMPLISHMENT

Series 4

Purpose:

Protection of Freedom of Movement of Persons

To regulate the use of force in providing freedom of movement of


personnel.
Rule
4A
4B

Series 5
Purpose:

4C-Z

Use of force to prevent interference with the freedom of


movement of persons belonging to the Force is prohibited.

Use of non-deadly force, to prevent interference with the


freedom of movement of persons belonging to the Force, is
permitted.
Spare.

Prevention of Interference with Ships

To regulate the circumstances in which force may be used to


prevent unauthorized boarding or seizure of ships or aircraft.
Rule
5A
5B
5C

Use of force to prevent unauthorized boarding of


ships/aircrafts is prohibited.

Use of non-deadly force to prevent unauthorized boarding of


Philippine flagged vessels is permitted.
Use of force, up to and including deadly force to prevent
unauthorized boarding of SARV __, MCS __, AE 891, is

National Coast Watch System Core Manual | 87

Series 6

Purpose:

5D-Z

To regulate the use of warning shots other than in self-defense.


Rule
6B

Purpose:

6C-Z

Rule

7C-Z

Use of disabling fire is prohibited.

Use of disabling fire is permitted when authorized by


National Command Authorities
Spare.

Use of Force to Protect Property

To regulate the use of force to protect property.


Rule

9B

Purpose:

Spare.

GROUP 8-9
OPERATIONS RELATED TO PROPERTY

9A

Series 10

Firing of warning shots is permitted when authorized by


National Command Authorities

To regulate the use of disabling fire.

7B

Purpose:

Firing of warning shots is prohibited.

Disabling Fire

7A

Series 9

Spare.

Warning Shots

6A

Series 7

permitted.

9C-Z

Use of non-deadly force to protect property belonging to the


Force is permitted.
Use of force, up to and including deadly force, to protect
property belonging to the Force is permitted.
Spare.

Protection of Vital/Mission Essential/Specified Property

To regulate the use of force in the protection of vital property, mission


essential property, and other specified property.
Rule

88 | National Coast Watch System Core Manual

10A
10B
Series 11

Purpose:

10C-Z

Rule

11C
11D
11E-Z

Advising foreign fishing vessels to avoid fishery exclusion


areas is permitted.
Ordering of diversions to merchant ships en route to
Philippine ports for routine board and search purpose is
permitted.

Use of non-deadly force to compel compliance with diversion


instructions is permitted.
Spare.

GROUP 12
CARRYING OF WEAPONS

To regulate carrying of weapons.


Rule

12B
12C-Z

Purpose:

Ordering of diversions is prohibited.

Authority to Carry Weapons

12A

Series 13

Spare.

To regulate the use and enforcement of diversions.

11B

Purpose:

Use of force, up to and including deadly force, to protect hull


and machinery of ships is permitted.

Diversions

11A

Series 12

Use of non-deadly force to protect ship property is permitted.

Carrying of weapons by members of the Force within the ship


is prohibited.
Carrying of weapons by members of the Force during board
and search is permitted.
Spare.

GROUP 13-15
MARITIME OPERATIONS

Maritime Law Enforcement

To regulate the use of force in the conduct of maritime law


enforcement operations in own maritime territories and jurisdiction
National Coast Watch System Core Manual | 89

Rule
13A

13B

13 C
13 D
13 E
13 F
Series 14

Purpose:

13 G-Z

Use of non-deadly force to enforce resource-related legal


regimes and relevant domestic law in the exclusive
economic zone and on the outer continental shelf is
permitted.

Use of force, up to and including deadly force, to enforce


resource- related legal regimes and relevant criminal law in
the exclusive economic zone and outer continental shelf is
permitted.
Use of non-deadly force to enforce fiscal, immigration,
sanitary, and customs legal regimes and relevant domestic
law in the contiguous zone is permitted.
Use of force, up to and including deadly force to enforce
fiscal, immigration, sanitary, and customs legal regimes and
relevant domestic law in the contiguous zone is permitted.

Use of force, up to and including deadly force, to halt noninnocent passage in the territorial sea is permitted.

Use of force, up to and including deadly force, to conduct


law enforcement in national waters is permitted.
Spare.

Boarding

To regulate the boarding of ships.


Rule
14A

Boarding of ships is prohibited.

14C

Compliant boarding of foreign flagged vessels where there


are reasonable grounds for suspecting that the ship is
engaged in piracy, slave trading, ship without nationality,
ship engaged in unauthorized broadcasting, and ship engaged
in the transport of narcotic products is permitted.

14B

Compliant boarding of merchant ships is permitted.

14D

Non-compliant boarding of merchant ships and foreign


fishing vessels is permitted when authorized by National
Command Authorities.

14 E-Z

Spare.

90 | National Coast Watch System Core Manual

Series 15
Purpose:

Suppression of Piracy

To regulate the use of force to suppress piracy.


Rule
18A
18B
18C-Z

Use of force, up to and including deadly force, in suppression


of piracy is permitted.
Continued pursuit of a fleeing pirate ship or pirate aircraft
that proceeds into the territorial sea, archipelagic waters or
airspace of a coastal state is prohibited.
Spare.

8.
RULES ON PROCESSING OF SEIZED VESSELS OR
GOODS AND PERSONS IN CARE OR CUSTODY
8.1. The following rules provide general guidance on the
handling of seized vessels or goods and persons in care or
custody after apprehension and while at sea.
8.2. Inspection of Vessels
8.2.1. Identify and conduct a safety clearance of the most
appropriate area aboard the vessel or patrol unit for the safe
assessment, processing, care and transport of persons-in-care
and/or persons-in-custody (PICC).
8.2.2. Conduct a search of the vessel for weapons, evidence or
prohibited goods and its seaworthiness in the presence of the
master of the vessel or his representative who is preferably an
officer. Locate and obtain the registry of the ship, crew list,
cargo manifest, passenger manifest, clearance, logbook and
other pertinent documents in the vessel. Investigate the vessel
and its crew for possible offenses or violations of applicable
laws.

National Coast Watch System Core Manual | 91

8.2.3. All items obtained from the search of the vessel shall be
treated either as evidence or properties held in trust. The items
shall be inventoried and secured and placed under the custody
of the Evidence Custodian under the control and supervision of
the Boarding Officer. The Boarding Officer shall require the
master of the vessel, or if he refuses, any PICC, to sign the
Inventory attesting to its veracity. Should they refuse to sign the
inventory, the same shall be so indicated therein.
8.3. Inspection of Personnel
8.3.1. In a cleared area, quickly muster all PICC and conduct a
head count. Obtain identification documents from the PICC, if
any. Immediately conduct a pat down search of each person for
any potential weapons or other evidence. A listing of the items
obtained during the pat down search shall be included in an
inventory to be accomplished by the Evidence Custodian.
8.4. Apprehension of Vessels
8.4.1. In cases where a vessel requires to be relocated or
warrants further detention, the vessel shall be escorted to and
detained at any support facility designated by the supported
agency or to the nearest port.
8.4.2. Towing the apprehended vessel shall be resorted to only
if she cannot steam on her own power.
8.5. Apprehension of Personnel
8.5.1. On the basis of the search and investigation conducted, a
determination shall be made whether there is cause to place the
PICC under arrest (person-in-custody) or merely placed under
care (persons-in-care) and whether the relocation of the
apprehended vessel is required.
92 | National Coast Watch System Core Manual

8.5.2. If there is cause, an arrest is done through the taking of a


person into custody in order that he may be bound to answer
for the commission of a violation of law or an offense. An arrest
is made by the actual restraint of a person to be arrested or by
his submission to the custody of the person making the arrest.
No unnecessary force or violence shall be used in making the
arrest. The person arrested shall not be subject to a greater
restraint than is necessary for his detention.
8.5.3. A person placed under arrest shall be informed that he is
being placed under arrest, stating the authority of the
apprehending officer and the cause of the arrest, unless the
person being arrested is either engaged in the commission of an
offense or forcibly resists before the apprehending officer has
opportunity to so inform him. A person-in-custody shall be
informed of his rights under the laws of the Philippines.
8.5.4. A PICC List shall be prepared containing the following
information:
8.5.4.1.

Date, time and location (longitude and latitude) of


the apprehension;

8.5.4.2.

Names, ages, citizenship, civil status, address of


PICCs;

8.5.4.3.

Name, nationality, origin, destination and cargo of


apprehended vessel;

8.5.4.4.

An assessment of the persons demeanor and


health;

8.5.4.5.

Identifying marks or features of each PICC;

National Coast Watch System Core Manual | 93

8.5.4.6.

Factors that may require special consideration or


care;

8.5.4.7.

Photographs of the PICC corresponding to their


names in the PICC list;

8.5.4.8.

Cause of arrest of any persons-in-custody

8.5.4.9.

Cause of placing any person-in-care

8.5.4.10.

Names, rank and designation of the Boarding Party

8.5.4.11.

Name, rank and designation of apprehending


officer(s)

8.5.4.12.

Name of apprehending vessel

8.5.5. For ease of identification, the PICC shall be provided


identification tags with the following details stated:
8.5.5.1.

Name

8.5.5.2.

Date of birth or age

8.5.5.3.

Citizenship or Nationality

8.5.5.4.

If the person has been placed under arrest and the


cause of his arrest or if he is a person-in-care

8.5.5.5.

Vessel Name

8.5.6. The Commander of the patrol vessel shall report the


apprehension of persons and vessels to his Commanding Officer
simultaneously with the National Coast Watch Center or the
nearest Regional Coordinating Center. The National Coast
Watch Center shall inform the pertinent Liaison Officer of the
94 | National Coast Watch System Core Manual

supported agency of the apprehension of the vessel and PICC.


Whenever practicable, a copy of the PICC List shall be
transmitted by the Boarding Officer to the nearest immigration
post in case of aliens and other appropriate national authorities.
8.5.7. The apprehending officer shall prepare an Apprehension
Report detailing the circumstances of the apprehension and
execute an Affidavit of Arrest.
8.6. Handover
8.6.1. Upon arrival at the designated support facility or transfer
location, a briefing shall be conducted before custody of the
apprehended persons and vessels and seized goods are turned
over to the appropriate authorities. The Commander of the
patrol vessel and the Boarding Officer shall turnover custody to
the appropriate receiving officer under a Turnover Receipt
indicating their condition upon turnover of custody of the
following:
8.6.1.1.

Apprehended vessel

8.6.1.2.

PICC

8.6.1.3.

Apprehension Report

8.6.1.4.

PICC List

8.6.1.5.

Affidavit of Arrest

8.6.1.6.

Inventory of Seized Items

8.6.1.7.

Evidence and Seized Goods

8.6.2. A medical examination shall be immediately conducted of


all PICC to be turned over to determine their physical condition
National Coast Watch System Core Manual | 95

and state of health at the time of the handover. A copy of the


medical certificate issued by the examining physician shall be
provided the Commander of the patrol vessel or his duly
authorized representative.
9.
EFFECTIVE DATE. This protocol shall be adopted pursuant
to a National Coast Watch Council Resolution approving the same and
shall be effective 15 days after the publication in the Official Gazette or
at the Office of the National Register (ONAR) at the UP Law Center.

96 | National Coast Watch System Core Manual

TITLE FOUR
MARITIME INFORMATION SHARING
PROTOCOL6

Annex C of the National Coast Watch Center Concept of Operations

National Coast Watch System Core Manual | 97

1.

REFERENCES:
1.1.

Executive Order No. 57 s. 2011 (Establishing a National


Coast Watch System, Providing for its Structure and
Defining the Roles and Responsibilities of Member
Agencies in Providing Coordinated Inter-Agency
Maritime Security Operations and for Other Purposes).

1.2.

Executive Order No. 82 s. 2012 (Operationalizing the


Practical Guide for National Crisis Managers and the
National Crisis Core Manual; Establishing National and
Local Crisis Management Organization; and Providing
Funds thereof).

1.3.

Executive Order No. 608 s. 2007 (Establishing a National


Security Clearance System for government personnel
with access to classified matters and for other purposes).

1.4. Memorandum Circular No. 78 s. 1964 (Security of


Classified Matter in Government Departments and
Instrumentalities).
1.5.
2.

Memorandum Circular No. 196 s. 1968 (Communication


Security).

BACKGROUND:

The National Coast Watch System (NCWS) aims to provide a


coordinated and coherent approach on maritime issues and maritime
security operations towards enhancing governance in the countrys
maritime domain. Attaining this mandate would require an effective
coordinative and collaborative mechanism among member and
support agencies in order to facilitate situational awareness and
support decision making to address maritime related issues and
threats.
98 | National Coast Watch System Core Manual

3.

PURPOSE:

This protocol aims to promote guidelines and procedures for the


conduct of information sharing among member and support agencies
of the National Coast Watch System.
4.

DEFINITION OF TERMS:
4.1. Classification refers to the categories used to classify
official matter which requires protection in the interest of
national security.
4.2. Custodian is an individual who has possession of or is
otherwise charged with the responsibility for safeguarding and
accounting of classified material.
4.3. Document refers to any record information regardless
of its physical form or characteristics and includes but is not
limited to the following:
4.3.1.

written matter, whether hand-written, printed or


typed;

4.3.1.1.

all painted, drawn or engraved matter;

4.3.1.2.

all sounds and voice recordings;

4.3.1.3.

all diskettes, compact discs, DVD, USBs used to


save information;

4.3.1.4.

printed photographic and exposed or printed films,


still or moving; and,

4.3.1.5.

all reproductions of the foregoing by whatever


process.
National Coast Watch System Core Manual | 99

4.4. International Partners refers to countries and


foreign governments working hand in hand with the Philippine
Government to achieve the objectives of the NCWS.
4.5. Responsibility to Share ensure that information
with any potential relevance is shared with those who need
intelligence to perform their mandates.
4.6. Actionable Intelligence intelligence report that can
and should be acted upon immediately.
5.

GUIDING PRINCIPLE FOR INFORMATION SHARING:


5.1.

This protocol adopts the responsibility to share


principle. The ability for the NCWS to anticipate, detect
and deter maritime issues and threats depends on
integration and timely delivery of actionable intelligence
to decision makers. Hence, it shall be a responsibility for
every member and support agencies to make information
accessible, available, and discoverable at the earliest
point possible to concerned agencies whose mandate
requires the knowledge thereof.

5.2. This protocol does not alter established security laws and
procedures. However, concerned agencies that were
granted access to certain information shall establish
appropriate measures to ensure the security and
confidentiality of that information from unauthorized
disclosure.
6.

GENERAL POLICIES AND PROCEDURES:


6.1. Conduct of information sharing shall be guided by the
framework in Annex A, flow process in Annex B, and
Stakeholders Information Sharing Matrix in Annex C.

100 | National Coast Watch System Core Manual

6.2. The National Coast Watch Center (Center) and Regional


Coordinating Center/s (RCC) shall be the focal point for
the sharing of maritime information at the national level
and the operational areas respectively.
6.3. The Maritime information sharing shall cover but not
limited to the following:
6.3.1.

Information on territorial concerns; piracy; armed


robbery at sea, terrorism; proliferation of WMD;
human trafficking; drug trafficking; firearms
trafficking; smuggling; poaching; illegal fishing;
illegal logging; illegal entry, transport of
endangered species/marine resources and other
illegal maritime activities;

6.3.2.

Information on people and/or organization


involved in illegal maritime activities to include its
plans and activities;

6.3.3.

Information vessels and routes/transit points used


for illegal maritime activities;

6.3.4.

Information on vessels that transits the Philippine


waters to include its flag, type, cargo, tonnage,
position, speed, crew, next port of call, last port of
call, track history and other pertinent data;

6.3.5.

Information on Philippine registered vessels to


include its activities, location and other pertinent
data;

6.3.6.

Information on sea incidents/mishaps such as


sinking, collision, fire, grounding, oil spills and
other similar activities, either manmade or natural;
and
National Coast Watch System Core Manual | 101

6.3.7.

Other information relevant to the maritime


security; maritime safety; protection of marine
resources,
port
facilities,
critical
marine
infrastructures and installations; and border
management.

6.4. The method for reporting an information shall be as


follows:
6.4.1. Regular Reports:
6.4.1.1.

Daily Maritime Information Brief (DMIB)


is a daily report that contains collected maritime
information from various sources and the entries
therein are classified by threats, incidents, and
other relevant issues. This report will be submitted
not later than 1700H to the Center/RCC.

6.4.1.2.

Maritime Assessment Report (MAR) is a


monthly report that contains summary of collected
maritime information and is capped with an
assessment on the different threats, incidents and
other relevant issues. This report shall be
submitted not later than every 10th of the
succeeding month to the Center.

6.4.2.
6.4.2.1.

Other Reports:
Spot Report is a report that will have particular
implications on national security and public
welfare, and/or which would require an immediate
agency or inter-agency action or response. It
contains basic information that answers the five
Ws (who, what, when, where, and why) and other
pertinent information that are available. This

102 | National Coast Watch System Core Manual

report shall be transmitted immediately to the


Center/RCC
via
the
fastest
available
communication or collaboration facility.
6.4.2.2.

Progress Report is a report that covers an ongoing development for a particular issue or
incident. This report shall be transmitted
periodically by the lead agency to the Center/RCC
as obtained.

6.4.2.3.

Answers to Request for Information (RFI)


is a report that provides information/details
required by Higher Authority or concerned agency
regarding a specific threat or situation.

6.4.2.4.

Special Report on a Specific Maritime


Threat is an intelligence report regarding
specific maritime threat, their activities and plans,
and other incident considered to be of specific
value. This report shall be submitted to the
Center/RCC is obtained.

6.5. The method of transmitting information shall be through


any of the following modes:
6.5.1.

By the designated agency liaison officer.

6.5.2.

By the officially designated courier.

6.5.3.

By the secured communication or collaboration


facility as established by the Center.

6.6. Roles and Responsibilities:


6.6.1.

National Coast Watch Center:


National Coast Watch System Core Manual | 103

6.6.1.1.

Responsible for the proper implementation of this


protocol;

6.6.1.2.

Gather, consolidate, synthesize and disseminate


reported maritime information to concerned
agencies.

6.6.1.3.

Provide strategic assessment on reported maritime


information to the National Coast Watch Council.

6.6.1.4.

Establish and maintain database of reported


maritime information.

6.6.1.5.

Establish and maintain coordinative linkages with


International partners and other Philippine
government agencies/maritime stakeholders for
information exchange.

6.6.1.6.

Facilitate Request for


concerned agencies.

6.6.1.7.

Conduct review and provide recommendations for


the amendments of this protocol as deemed
necessary.

6.6.1.8.

Perform other functions as directed by the Council.

6.6.2.

Regional Coordinating Centers:

6.6.2.1.

Gather, consolidate, synthesize and disseminate


reported maritime information to the Center and
concerned agencies in the AOR.

6.6.2.2.

Provide Maritime Assessment Report on collected


information in the AOR to the Center.

104 | National Coast Watch System Core Manual

Information

(RFI)

to

7.

6.6.2.3.

Facilitate RFI to concerned agencies in the AOR.

6.6.2.4.

Perform others functions as directed by the


Council.

6.6.3.

NCWS Members and Support Agencies:

6.6.3.1.

Provide timely, accurate and relevant maritime


information, reports and assessments to the
Center/RCC as indicated in Par. 6c and 6d.

6.6.3.2.

Provide access to maritime related database and


monitoring system as requested.

6.6.3.3.

Provide responses to RFI as requested.

6.6.3.4.

Perform other functions as directed by the Council.

Security
7.1.

Personnel designated to be the custodian or have been


granted access to classified documents shall have
appropriate clearance as prescribed in Executive Order
No. 608.

7.2. Handling, Classification, Reproduction, Transmission,


Storage and Destruction of Documents shall be in
accordance with Memorandum Circular No. 78 s. 1964
and Memorandum Circular No. 196 s. 1968.
7.3. Transmission of classified documents via electronic
means or electronic mail shall always be encrypted using
the issued encryption software.

National Coast Watch System Core Manual | 105

8.

RECISSION

All publication inconsistent with this Protocol is hereby rescinded.


9.

EFFECTIVITY:

This Protocol shall take effect upon Publication.

ANNEX A
OF THE INFORMATION SHARING PROTOCOL
Information Sharing Framework

106 | National Coast Watch System Core Manual

ANNEX B
OF THE INFORMATION SHARING PROTOCOL
Information Flow Process

National Coast Watch System Core Manual | 107

ANNEX C
OF THE INFORMATION SHARING PROTOCOL
Stakeholders Information Sharing Matrix

108 | National Coast Watch System Core Manual

National Coast Watch System Core Manual | 109

TITLE FIVE
NATIONAL PLAN FOR
MARITIME CAPABILITY DEVELOPMENT

110 | National Coast Watch System Core Manual

1.

EXECUTIVE SUMMARY

The Philippines strategic location is a gateway of opportunities and


challenges. As it sits along the vital sea lanes of trade and
communication, it is considered as the world center of maritime
activities. Such centrality has made it also prone to various forms of
security threats coming from within its boundaries and external
thereto. Hence, the need for an enhanced Maritime Situational
Awareness (MSA) and Maritime Security Response are herein
explored.
The Philippines in general will continue to rely on maritime resources
to sustain its governance, development and security. A lack of timely
and appropriate awareness of its maritime surroundings and situation
will result to poor decision making and eventual loss of maritime
assets and resources for its own use. Unto this, the Philippine
Maritime agencies must be able to operate and maintain appropriate
maritime response forces and maritime situational awareness systems
that would ensure security among priority areas where known threats
and vulnerabilities are likely to affect overall maritime security. This
condition requires capabilities for Maritime Situational Awareness
which would persistently provide situation monitoring of Philippine
maritime domain, provide information exchange & distribution,
provide situation assessment and provide relational database
management and report generation.
NCWS capability development, in this case, is geared to achieve
Maritime Situational Awareness and Security Responses within the
whole Philippine archipelago. Specifically, the whole capability and
shall be able to achieve the following:
a.
b.
c.

Enabled Inter-Agency Secure Communications and


Information Exchange with NCWC
Enhanced Inter agency Command and Control (C2)
Enhanced Monitoring of the West Philippine Sea (WPS)
National Coast Watch System Core Manual | 111

d.
e.
f.
g.

Enhanced Monitoring of Southern Philippines


Enhanced Monitoring of Central Philippines
Enhanced Monitoring of Northern Philippines
Increased Member Agency Mandated Capacity
Capabilities for MSA & Maritime Security Responses

&

Development of the above-cited Inter-Agency capability should be


guided by the following:
a.
b.
c.
d.
e.
f.
g.

Focus on key / sole agency mandate


Identify and address the gaps
Minimize overlaps
Ensure interoperability
Pursue Unified Action for maritime security surveillance
/ response
Enhanced Capability-building program
Sustained Capability Development

In the end, realization of the Capability Development Plan will lead


toward our vision of becoming a Global Leading Maritime Nation.
2.

INTRODUCTION
2.1.

PURPOSE AND SCOPE

The purpose of this document is to lay down a common


understanding and direction of the National Coast Watch
System
(NCWS)
Maritime
Inter-Agency
Capability
Development in order to achieve effective governance of the
countrys maritime domain towards maritime security and
sustained economic development. It covers the capacity and
capability building of the NCWC (Center) and that of agencies
supporting the NCWC

112 | National Coast Watch System Core Manual

2.2. DEFINITIONS
Maritime Security (MS), as defined by 1994 National Marine
Policy is a state wherein the countrys marine assets, maritime
practices, territorial integrity, and coastal peace and order are
protected, conserved, and enhanced.
Maritime Situational Awareness (MSA) refers to the
knowledge obtained from the integrated collection, analysis and
exchange of information that relates to the maritime
environment which are all used to support decision making for
governance, development and security undertakings.
Sustained Economic Development (SED) refers to the
balance of economic growth with social and environmental
needs. In order for economic growth to be considered
sustainable,
it
must
not
compromise
resources
or environmental factors for the future.
3.

MARITIME OPERATING ENVIRONMENT


3.1.

General Characteristics

The Philippines maritime environment is characterized by


interdependency, conflicting claims, common safety concerns,
calamity, and finite maritime resources. The Philippines
maritime environment is the second-largest and one of the
naturally rich archipelagos in the globe. It comprises 30% of the
24,000 islands of the archipelagic South East Asia. The
Philippines is strategically located within the global center of
marine biodiversity and astride the busiest sea lanes in South
East Asia. Meanwhile, the defense of the territorial integrity,
enhancement of maritime security and mitigation of natural
disasters heavily rely on a timely, integrated, secured and
robust information support to decision makers that cut across
National Coast Watch System Core Manual | 113

the different levels of governance, development & security. With


the vast expanse of our coastlines and the breadth of our
maritime zones, maritime situational awareness is critical in
facilitating persistent maritime surveillance and expedient and
efficient response against a range of maritime threats.
In this situation, the security, development and protection of
the national maritime jurisdiction and entitlements relies on
achieving timely information and support to decision makers
that cut across the different levels of government and various
maritime sectors. This is to ensure that the Philippines shall
achieve freedom of action and deny this from adversaries, both
perceived and potential, through the unity of effort of users and
decision makers through the integration of inter-agency efforts,
friendly information sources and processes.

3.2. Threats and Vulnerabilities of the Maritime


Environment
3.2.1.

Threats to Maritime Security - The following


constitute the maritime threats that the National
Government must be on watch:

114 | National Coast Watch System Core Manual

3.2.1.1.

State Actors threats typically arising from foreign


government employing naval/ military capabilities
and other instrument of power against the
Philippine Government in general.

3.2.1.2.

Non-State Actors are unconventional threats


arising from individual or organized groups that do
not represent any government or state. Typical
examples of these are terrorism, organized crime,
subversion, saboteurs, and hackers.

3.2.1.3.

Natural threats generally inflicted by natural


calamities such as typhoons, tsunami, and
earthquakes.

3.2.1.4.

Accidental are threats that are generally


unpredictable incidents brought about by
operating beyond the established maritime safety
standards, human error and other unintentional
disruptions of operations or living condition
brought about by ecological and economic
interactions within the maritime environment.

3.2.2.

Vulnerabilities of Existing Capabilities - The


following constitute the vulnerabilities of the
Philippines to achieve maritime security against
the above cited threats:

3.2.2.1.

Maritime Security Operation Vulnerabilities

a.

No overarching Unified Action for Command & Control


of:
i.

Inter-Agency Port & Harbor Operations

National Coast Watch System Core Manual | 115

b.

ii.

Inter-Agency
Intelligence-SurveillanceReconnaissance Operations

iii.

Inter-Agency Patrol Operations

iv.

Regional
Security

b.

Center

for

Maritime

Lack of credible maritime force to patrol, secure &


defend:
i.

Ports & Harbor Areas

ii.

Littoral & Offshore Areas

iii.

Critical Maritime Offshore Resource Areas

3.2.2.2.
a.

Coordinating

Maritime Situational Awareness Vulnerabilities

Technical vulnerabilities brought about by:


i.

Lack of Information & Communication Technology


systems for maritime security agencies

ii.

Un-integrated
communications
agencies

system
information
&
technology among maritime

Information Security Vulnerabilities:


i.

Inadequate
Information
infrastructure

ii.

Un-encrypted communications
system network

116 | National Coast Watch System Core Manual

system
&

security
information

iii.

Limited hardening of physical security attributes of


critical information & operation centers

iv.

Limited or unmanaged information access over


existing networks

3.3. Risk Considerations In Capability Development


The Philippines in general will continue to rely on its maritime
resources to sustain its governance, development and security.
A lack of timely and appropriate awareness of its maritime
surroundings and situation will result to poor decision making
and eventual loss of maritime assets and resources for its own
use. Unto this, the Philippine maritime agencies must be able to
operate and maintain appropriate maritime response forces and
maritime situational awareness systems that would ensure
security among priority areas where known threats and
vulnerabilities are likely to affect overall maritime security.
3.4. Strategic Imperatives
In view of the risks associated with known threats and
vulnerabilities, the following strategic imperatives must be
pursued and provided with technology support to achieve MSA
and Maritime Security:
3.4.1. Persistent monitoring of vital maritime resources and
approaches
3.4.2. Information sharing of maritime environment data
3.4.3. Intelligence gathering
3.4.4. Command & Control operation requires C2 of forces for
effective and coordinated response with concerned
interagency and international cooperation
National Coast Watch System Core Manual | 117

3.4.5. Maritime Security Response Forces


4.

INTER-AGENCY CORE CAPABILITIES


4.1. Maritime Situational Awareness
Maritime Situational Awareness (MSA) refers to the knowledge
obtained from the integrated collection, analysis and exchange
of information that relates to the maritime environment which
are all used to support decision making for governance,
development and security undertakings.
MSA is generally conceived as a picture and/or a visualization
of what is happening in the maritime environment. It is a
compilation of information that links the identity, location,
known patterns, present & perceived activity of ships, things,
people, maritime resources and other political, economic,
ecological and safety issues within and adjacent to the maritime
environment. The generated picture is a product of multisource collection of information, ranging from the navy-military
classifications to other government agencies as well as
commercial information or data on environmental,
oceanographical, meteorological, ecological, geo-political and
economic to local / regional activity patterns of fishing,
shipping & exploration in the maritime environment. These
various forms of information, the user and the decision makers
which are generally geographically separated are adequately
linked by information technology support.
In terms of technology, MSA is a system-of-system. It is a
highly integrated network of communications system and
information system. It is characterized by different types of
deployed electronic sensors system which are linked by various
forms of communications system and electronic processing
system to form a picture of collected information. These are

118 | National Coast Watch System Core Manual

physically and/or logically integrated at various levels of


command or operation centers where data and information are
fused, stored, processed, analyzed and the knowledge obtained
therein are exchanged to users and decision makers across
different levels of command and partner agencies.
4.1.1. Inter-Agency Capability Requirements
4.1.1.1.

Provide IA Situation Monitoring of PH Maritime


Domain

a.

Monitor maritime entities such as ships, passengers,


cargo, ports, harbors

b.

Monitor maritime areas such as sea routes, territorial


waters, contiguous zones, continental shelf, EEZ,
archipelagic sea lanes

c.

Monitor maritime activities / industries such as fishing,


oil exploration, trades, shipping

4.1.1.2.

Provide IA Information Exchange & Distribution

a.

Communicate with member agencies thru voice, text,


data, video

b.

Collaborate & coordinate maritime information,


intelligence & operations with member agencies in real &
near-real time

4.1.1.3.
a.

Provide IA Situation Assessment

Acquire, record, store, display, share & assess geospatial


information of maritime area, things & people

National Coast Watch System Core Manual | 119

b.

Acquire, record, store, display & share still imagery & full
motion video of maritime area, things & people

c.

Integrate, analyze & display all sources of maritime


information into a relevant Common Operating Picture of
maritime area, things, people with current & future
operational information & intelligence

4.1.1.4.

Provide IA Relational Database Management &


Report Generation -Acquire, record, store, display
& print:

a.

Operational & Event Reports

b.

Intelligence Reports

c.

Vessels, Port, Harbor, Cargo, Critical Infrastructure data


/ information

d.

Maritime Business & Licensing for Health / Sanitation /


Quarantine

4.2. Maritime Security Response


To achieve successfully the maritime security response, the
NCWS shall strive to have an integrated employment of InterAgency personnel, capabilities and resources for maritime
operations. This integrated employment of resources and
capabilities shall include but not be limited to the following:
4.2.1. Port & Harbor Security & Safety Response Operations
4.2.2. Littoral Patrol / Search & Rescue Operations
4.2.3. Offshore Patrol / Search & Rescue Operations
120 | National Coast Watch System Core Manual

4.2.4. Maritime Air Patrol / Search & Rescue Operations


4.2.5. Aerial Surveillance Imagery / Video recording of
maritime areas, things & people
4.2.6. On scene evidence & site / materiel exploitation
In particular, the following should serve as a guide in allocating
and developing maritime security capabilities for inter-agency
operations:
What to monitor
/ secure
Ships/vessels,
Travelers,
workers, Cargo,
Ports, Harbors,
Critical
Maritime
Infrastructure

Who will
monitor /
secure

Capability required

PCG / PNP MG / Day & night surveillance of


PPA / MARINA / person, things, facility, ships,
BoC / BI /BoQ / cargo, port, harbor
PDEA
Ground security / safety response
force
Security,
safety
and
environmental protection

Littoral, internal PCG / PNP MG / Day & night surveillance of ships


waters / SLOCS
BFAR
& aircraft along littoral / internal
waters
Security,
safety
and
environmental protection
ECS,
EEZ, PCG, PN, PAF
SLOCS, & other
maritime zones

Day & night surveillance of ships


& aircraft along ECS / EEZ waters
Security,
safety
and
environmental protection

National Coast Watch System Core Manual | 121

5.

POLICY GUIDANCE

The NCW Council should provide strategic direction and policy


guidance towards the continuous development of maritime interagency capability. To this end, the NCWC Secretariat is tasked to
provide periodic policy recommendations on capability development
to the NCW Council through information obtained by the NCW
Center and as guided by the following:
5.1.

Focus on key / sole agency mandate

5.2. Identify and address gaps


5.3. Identify and address overlaps
5.4. Ensure interoperability
5.5. Pursue Unified Action for maritime security surveillance
/ response
5.6. Enhanced capacity building program
5.7. Capability sustainment program
6.

DEVELOPMENT APPROACHES

Development approaches guide the Inter-Agency Development of its


Capabilities. The following approaches shall be pursued:
6.1. Integrate PN LOS and PPA VTMS Track Data to NCWS7
6.1.1. NCW System & Technical Requirements:

Annex A of Maritime Capability Development

122 | National Coast Watch System Core Manual

6.1.1.1. Integrate PN LOS system track thru VPN or applicable


direct wire / wireless connection
6.1.1.2. Integrate PPA VTMS Track thru VPN or applicable
direct wire /wireless connection
6.1.1.3. Geospatial Information System
6.1.1.4. Maritime Information Fusion, Operations & Intelligence
Analysis Tool
6.2. Enhance Monitoring of Central Philippines8:
6.2.1. Establish VTMS / Coastal Radar System for Central
Philippines Major Ports, Sea Lanes
6.2.2. Establish RCC Cebu with system capabilities as follows:
6.2.2.1.

Geospatial Information System

6.2.2.2.

Maritime Information Fusion,


Intelligence Analysis Tool

Operations

&

6.2.3. Joint / IA Patrol Presence


6.2.3.1.

Joint CIQS & PNP MG Teams aboard PN / PCG


vessels in Central Philippines

6.3. Provide Member Agencies with Secure Communications


Suite and Interconnectivity with NCWC9:

8
9

Annex B of Maritime Capability Development


Annex C of Maritime Capability Development

National Coast Watch System Core Manual | 123

6.3.1. System & Technical Requirements:


6.3.1.1.

Secured IA Website portal system

6.3.1.2.

Secured Email System

6.3.1.3.

Secured Online File Collaboration system

6.3.1.4.

Secured On-line Messaging / Chat system

6.3.1.5.

Secured Shared DBMS System

6.3.1.6.

Maritime Information Fusion,


Intelligence Analysis Tool

6.3.1.7.

Enhance WPS Monitoring10:

Operations

&

6.4. System & Technical Requirements:

10

6.4.1.

NCWC

6.4.1.1.

Satellite Based Maritime Imagery of WPS /Benham


Rise

6.4.1.2.

Integrate Palawan RCC

6.4.2.

Palawan RCC

6.4.2.1.

Geospatial Information System

6.4.2.2.

Maritime Information Fusion,


Intelligence Analysis Tool

6.4.2.3.

Integrate Radar Tracks of PN / PCG patrol vessels

Annex D of Maritime Capability Development

124 | National Coast Watch System Core Manual

Operations

&

6.4.2.4.

ISR Video of PN / PCG targets

6.4.3.

PN / PCG Patrol Vessels at WPS

6.4.3.1.

Provide radar tracks to NCWC

6.4.3.2.

Provide surface ISR video of targets to NCWC

6.4.4.

Joint Maritime UAV Surveillance at WPS

6.5. Enhance Monitoring of Southern Philippines11


6.5.1.

System & Technical Requirements :

6.5.1.1.

NCWC: Integrate Davao / Zamboanga RCC

6.5.1.2.

Davao / Zamboanga RCC

a.

Geospatial Information System

b.

Maritime Information Fusion, Operations & Intelligence


Analysis Tool

c.

Integrate Radar Tracks of PN / PCG patrol vessels

d.

ISR Video of PN / PCG targets

6.5.1.3.

11

PN / PCG Patrol Vessels

a.

Provide radar tracks to NCWC

b.

Provide surface ISR video of targets to NCWC

Annex E of Maritime Capability Development

National Coast Watch System Core Manual | 125

6.5.1.4.

Joint Maritime UAV Surveillance for Border /


SLOCs

6.6. Enhance Monitoring of Northern Philippines12


6.6.1.

System & Technical Requirements:

6.6.1.1.

NCWC: Integrate Northern RCC

6.6.1.2.

Northern RCC

a.

Geospatial Information System

b.

Maritime Information Fusion,


Intelligence Analysis Tool

c.

Integrate Radar Tracks of PN / PCG patrol vessels

d.

ISR Video of PN / PCG targets

6.6.1.3.

PN / PCG Patrol Vessels

a.

Provide radar tracks to NCWC

b.

Provide surface ISR video of targets to NCWC

6.6.1.4.

Joint Maritime UAV Surveillance at WPS

Operations

&

6.7. Increase Member Agency Mandated Capacity &


Capabilities for MSA & Maritime Security Responses such as :

12

6.7.1.

Maritime Situational Awareness:

6.7.1.1.

Cargo & Baggage Scanning System

Annex F of Maritime Capability Development

126 | National Coast Watch System Core Manual

6.7.1.2.

Traveler Screening

6.7.1.3.

Radiation Detection System

6.7.1.4.

Day & Night Surveillance Camera system

6.7.1.5.

Vessel Traffic Management System

6.7.1.6.

Vessel Tracking System (Blue Force Tracking)

6.7.1.7.

Automatic Identification System

6.7.1.8.

Long Range Identification & Tracking System

6.7.1.9.

Coastal Radar system (Surface & Air Search / HF


Radar)

6.7.1.10.

Sonar / Acoustic Sensor System

6.7.1.11.

Satellite-Based Maritime Surveillance System

6.7.1.12.
6.7.1.13.

Maritime Information Fusion,


Intelligence Analysis Tool
Secure Email

6.7.1.14.

Secure Online Collaboration Tool

6.7.1.15.

Secure Website Portal

6.7.1.16.

Secure Radio Communications

6.7.1.17.

Secure Satellite Communications

6.7.1.18.

Secure Telephone & Cellular Communications

Operations

&

National Coast Watch System Core Manual | 127

6.7.1.19.

Secure Computer Networks

6.7.1.20.

Geospatial Information System

6.7.1.21.

Imagery / Video Display & Recording System

6.7.1.22.

Integrated Track / Common Operating Picture


Display

6.7.1.23.

Maritime Information Fusion,


Intelligence Analysis Tool

6.7.1.24.

Operations & Event Reporting Database System

6.7.1.25.

Intelligence Database System

6.7.1.26.

Vessel Database System

a.

Crew and passengers

b.

Port, Harbor, Critical Infrastructure Database


System

c.

Maritime Business &Licensing Database System

d.

Inbound and transit cargoes

e.

Fisheries

f.

Health / Sanitation / Quarantine

6.7.2.

Maritime Security Responses:

6.7.2.1.

Joint Port & Harbor Response Force

128 | National Coast Watch System Core Manual

Operations

&

6.7.2.2.

Littoral Patrol / Search & Rescue Vessels

6.7.2.3.

Offshore Patrol / Search & Rescue Ships

6.7.2.4.

Maritime Patrol / Search & Rescue Aircraft

6.7.2.5.

Evidence & Site / Materiel Exploitations

6.8. Capacity Building Program for Inter-agency Operation


7.

PLANNING REQUIREMENTS

Based on the strategic direction and policy guidance provided by the


Council, each agency shall recommend in their annual plans and
budget (APB), in accordance with their respective capability
development plan and mandates, the needed budgetary requirements
for its realization.
The Council, through its Secretariat and in coordination with relevant
agencies, shall identify gaps and recommend means to address/fill
those gaps in the interagency maritime capability development plan.
These gaps will serve as the guide in setting priority measures of the
inter-agency capability development of the Center in accordance with
the approved Implementing Guidelines, Rules and Regulations
(IGRR).
The Secretariat, in accordance with the IGRR, shall develop, maintain,
update and administer a master capability development plan for
interagency maritime domain awareness, maritime zones
management and maritime threat response operations.
In the development of interagency maritime domain awareness
capabilities, NCWS shall focus on key/sole agency mandates. Thus,
capabilities that are outward looking, such as capabilities supportive
to external defense and protection of external waters, shall be
National Coast Watch System Core Manual | 129

developed by the Armed Forces; capabilities that are inward looking,


such as capabilities supportive to internal security operations and
protection of internal waters, shall be developed by the Philippine
Coast Guard; while capabilities to monitor maritime activities within
or at vicinities of ports and harbors shall be developed by concerned
port authorities.
8.

NCWS CAPABILITY DEVELOPMENT ENDSTATE

NCWS capability development is geared to achieve Maritime


Situational Awareness & Security Response within the whole
Philippine archipelago. Specifically, the whole capability shall be able
to achieve the following13:
8.1. Enhanced WPS Monitoring
8.2. Enable Inter-Agency Secure Communications
Information Exchange with NCWC

and

8.3. Enhanced Monitoring of Southern Philippines


8.4. Enhanced Monitoring of Central Philippines
8.5. Enhanced Monitoring of Northern Philippines
8.6. Increased Member Agency Mandated Capacity
Capabilities for MSA & Maritime Security Responses

&

Hence, the realization of the NMCD will enable us to fulfill our vision
of becoming a global leading maritime nation.

13

Annex G of Maritime Capability Development

130 | National Coast Watch System Core Manual

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