Rules On The Use of Force For MARSLEN

DOir
OFFICE OF THE SECRETARY
JUN 2 3 2029
TANGGAPAN NG KOMANDANTE
57 rTT
(OFFICE OF THECOMMANDANT)
TANOD BAYBAYIN NG PfLIÞINAs
PAMBANSANG PUNONGHIMPILAN
Coast Guard)
(National Headquarters Philippine
139 25 Street, Port Area
1018 Manila
DEPARTMENT OF TRANSPORTATION
MEMORANDUM FOR THE SECRETARY,
COAST GUARD
COMMANDANT, PHILIPPINE
From
on the Rules on
the Use of Force
Promulgation of PCG Manual
Gúbject and Law Enforcement Operations
(RUF) for Maritime Security
(MARSLEN)
Dhe 17 JUN 2020 DOTr

and signature of the Secretary,
Action Requested: For the approval
the
formulated and recommended by
Backgrodnd: This Policy Manual was first MARSLEN
RUF for
Group (PCG-TWG) on the2012
Philippine Coast Guard-Technical Working review PCG Rules of
the need to the superseded
bperations after recognizing Unit
of equipping every Coast Guard
Engagement. It was crafted with the purpose of a PCG Commissioned and
Commander, Commanding Officer, and Officer-in-Charge tool in the
Small Craft, a clear controlling
Manned Vessel and Boat Captain of a PCG achieve the
MARSLEN operations in order to
performance of his duties during the perils of
while preventing or avoiding
objectives of the said operations, and domestic vessels that can escalate
miscalculations during interactions with foreign
into unwanted hostile incidents.
Executive Summary:
Rules
This departure from the traditional military-oriented
Policy Manual is a
Coast Guard, as a law enforcement
of Engagement, emphasizing that the Philippine
It shall be used as an
the Use of Force Protocol instead.
agency, should be adopting
situations at different maritime zones of the
essential reference in confronting different
Maritime Security and Law enforcement Operations, to
country during the conduct of
countries.
include the contested areas being claimed by other
It also delineates the limitations and circumstances under

which maritime law
enforcers will initiate and carry out engagement through the use of well-defined
crewmembers during the operation. It is
appropriate force over vessels and/or their
also the intention of this Policy Manual to develop the awareness of the MARSLEN
operators the corresponding obligation under the existing domestic laws, rules and
on
in the
regulations as well as international laws in order to be conscientious
performance of duty.
While it may appear to be comprehensive as it is, this Policy Manual has been
crafted in a simplified manner to facilitate understanding and application of same when
confronted with situations at particular maritime zones as follows:
"Serving our Nation by Ensurng Safa, Clean and Secun Maritime Bnviroment"
Encounter with Philippine-registered Non-State Actors
within any maritime zone
Encounter with Foreign State and Non-State Actors within

Internal Waters, Archipelagic Waters, and Territorial Sea

Contiguous Zone

EEZ
The best practices of the PCG as well as other law enforcement agencies are
also taken into account for purposes of efficient and effective operations.
Most importantly this Policy Manual indicates the use of force necessary in any
type of maritime law enforcement and looks at possible uses of crew-served weapons,
and the national and international legal precedents for the use of force at sea.
This Policy Manual has gone through several reviews and critique by the
National Task Force for the West Philippine Sea (NTF-WPS) member agencies as well as
the PCG-TWG members, who have painstakingly collated efforts in revising it to ensure
accuracy, reliability as well as relevance of the contents of the said manual at the time of
its publication.
This Policy manual has been initially presented to the Chairman, NTE-WPS on
November 2019 and was subsequently approved by the same on 10 June 2020.
In this connection, the undersigned recommends the approval of the attached

document in compliance with the NT-WPS requirements.
GEORGE V URSABIAB
ICE ADMIRAL
PCo
PCC
Approyed/ Disapproved:
2ARTHUR P. TUGADE
retary, DOTr R
DOT-OSEC OUTGOING 20-001229
ENCLOSURE:
Manuat on the Rules on the Use of Force for Maritime Security and Law Enforcement
Operations
of
Tran,1S
Republic of the Philippines
699
Department order No2 0 2 0F 0 19

sUBJECT: PROMULGATION OF THE PCG MANUAL ON THE RULES ON THE USE OF
FORCE FOR MARITIME SEcURITY AND LAW ENFORCEMENT OPERATIONS
DATE: 2 6 OCT 00
WHEREAS, the adoption of this Policy Manual is pursuant to Republic Act 9993
or the Philippine Coast Guard Law of 2009, the United Nations Convention on the
Laws ofthe Sea (UNCLOS), and the 12 July 2016 Tribunal's Final Award on Permanent
Court of Arbitration Case Number 2013-19;
WHEREAS, the Philippine Coast Guard shall formulate specific Standard

Operating Procedures (SOPs) as the need arises;
WHEREAS, the 12 July 2016 promulgation of the Final Award on the

Permanent Court of Arbitration Case Number 2013-19 has long called for a review
and revision of HPCG Circular Number 01-12 dated 20 January 2012 on the Rules of
Engagement in the Conduct of Maritime Law Enforcement Operations for the
Philippine Coast Guard to aid its personnel in the conduct of the said operations,
especially in the West Philippine Sea. The review and subsequent revision is
necessary to provide the element of operational law that should be consistent with
the Final Award, governing operations in areas of maritime interest especially in the
contested areas to prevent misunderstanding and unnecessary tensions with other
claimant States that may result to a diplomatic row;
WHEREAS, several attempts to merge the rules of engagement of all state

actors operating at sea in order to come up with one coordinated procedure were
conducted but questions raised on the proper context of their applicability have
hampered the progress of the integration. It is noteworthy that, in general, the
military is entitled to use deadly force to overcome "the enemy," but law enforcers do
not have "enemies" and are generally required to remain within the bounds of
reasonable and proportionate force in subduing suspects. Thus, there is a difference
between the Rules of Engagement (ROE) being used by a state actor on another
"enemy" state actor and the Rules on the Use of Force (RUF) being used by a state
actor in enforcing the law on non-state actor suspects;
WHEREAS, Rules on the Use of Force (RUF) are based on the 1979 Code of
Conduct for Law Enforcement Officials and the 1990 Basic
Principles on the Use of
Force and Firearms by Law Enforcement Officials, as both
instruments were
elaborated under the auspices of the United
other hand, are the internal rules or
Nations Crime fongress. The ROE on the
directives among mpitas firg (in¢luding
OCT 27 2020 iV
OP
REPRCUUCTO e
individuals) that define the circumstances, conditions, degree, and manner in which
the use of force, or actions which
might be construed as provocative, may be applied.
This definition is further reinforced by the San Remo Handbook on the Rules of
Engagement as issued by competent authorities and assist in the delineation of
circumstances and limitations within which military forces may be employed to
achieve their objectives;
WHEREAS, the Rules on the Use of Force take hinge on the accepted principle
that Maritime Law Enforcement Operations are not military operations. As such, in
the context oflaw enforcement,it is the RUF that should apply instead of ROE Hence
the Ruleson the Use of Force is
adopted in this Policy Manual;
WHEREAS, this Manual on the Rules on the Use of Force for Maritime Security
and Law Enforcement Operations provides guidelines and procedures to be followed
in undertaking Maritime Security and Law Enforcement (MARSLEN) operations in the
maritime jurisdictions of the Philippines. It also delineates the limitations and
ircumstances under which maritime law enforcers will initiate and carry out
engagement through the use of well-defined appropriate force over vessels and/or
their crewmembers during the operation.
WHEREAS, the purpose of this Policy Manual to develop the awareness of the
MARSLEN operators on the corresponding obligation under the existing domestic
laws, rules and regulations as well as international laws in order to be conscientious
in the performance of duty;
WHEREAS, the best practices of the PCG as well as other law enforcement
agencies are also taken into account for purposes of efficient and effective operations;
WHEREAS, this Policy Manual indicates the use of force necessary in any type
of maritime law enforcement and looks at possible uses of crew-served weapons, and
the national and intermational legal precedents for the use of force at sea;
WHEREAS, this Policy Manual consists of standard operating procedures on

the use of force in the conduct of Maritime Security and Law Enforcement
operations
in all the maritime jurisdictions of the Republic of the Philippines and shall be
implemented within maritime jurisdictions where the Philippines exercises
Sovereignty and Sovereign Rights;
WHEREAS, this shall apply to all PCG personnel performing maritime law
enforcement functions whether onboard commissioned vessels, PCG manned
ships
and small crafts on waters subject to the aforementioned maritime jurisdictions and
such other law enforcement operations that the PCG personnel may perform. This
Policy Manual is likewise being offered for the adoption and use of but not limited to
the following in their Maritime Security and Law Enforcement Operations up to the
extent applicable to them:
COTr
GSD-RECORDSSECTON
CERTIFIED COPY
OCT 27 2020
RE C
1. Armed Forces of the Philippines (AFP)
2. Philippine National Police (PNP)
3. Bureau of Fisheries and Aquatic Resources
(BFAR)
Bureau of Customs (BUCUS)
5. Bureau of Immigration (BI)
6. Other law enforcement agencies mandated by law
NOW, THEREFORE, in view of the foregoing premises, I, ARTHUR P. TUGADE,
Secretary of the DOTr, by virtue of the powers vested in me by law, do hereby
promulgate the Philippine Coast Guard Manual on the Rules on the Use of Force for
Maritime Security and Law Enforcement 0perations.
Repealing Clause. All other publications, orders, rules, regulations and
issuances or parts thereof which are inconsistent with this Order are hereby repealed,
amended or modified accordingly.
Effectivity. This Order shall take effect immediately.
HUR7wUGADE
RY
DOT-OSECUTGONG 0-001243 DOT

GSD-RECORDS SECTION
CERTIFIED COPY
OCT 27 2020
N COPY
WiTH AGO
COPY
ORIGINAL
REQUESTED BY. RDS OFC
-c02eq94
Philippine Coast Guard
Manual on the
Rules on the
Use of Force for
Maritime Security and Law
Enforcement Operations
i
Contents
PROMULGATION OF THE PCG MANUAL ON THE RULES ON THE USE OF FORCE

FOR MARITIME SECURITY AND LAW ENFORCEMENT OPERATIONS ..................... iv
FOREWORD ...................................................................................................................... vii
PREFACE ......................................................................................................................... viii
ACKNOWLEDGEMENTS .................................................................................................. ix
INTRODUCTION ................................................................................................................. 1
A. RATIONALE ......................................................................................................................... 1
B. PURPOSE ............................................................................................................................. 2
C. SCOPE AND APPLICABILITY ................................................................................................. 2
D. LEGAL BASES ....................................................................................................................... 3
E. SUPPORTING STANDARD OPERATING PROCEDURE ................................................................ 3
Part II ................................................................................................................................... 4
DEFINITION OF TERMS ..................................................................................................... 4
Part III .................................................................................................................................. 8
MARITIME JURISDICTION ................................................................................................. 8
A. STATE JURISDICTION ON MARITIME ZONES ....................................................................... 8
1. Types of Jurisdiction .................................................................................................... 8
2. Maritime Zones ............................................................................................................. 9
Part IV ................................................................................................................................ 12
GENERAL POLICIES........................................................................................................ 12
Part V ................................................................................................................................. 16
GUIDELINES ..................................................................................................................... 16
A. USE OF FORCE ........................................................................................................ 16
1. Arming of vessels and personnel ............................................................................. 16
2. Spotting Vessels of Interest ...................................................................................... 16
3. Use of peaceful means to request or compel compliance to a vessel of interest
and its crew......................................................................................................................... 17
4. Warnings prior to use of violent force ...................................................................... 17
5. Use of Force within specific maritime zones .......................................................... 18
B. RESPONSIBILITIES OF COMMANDING OFFICERS/OICS/BOAT CAPTAINS .......................... 24
Part VI ................................................................................................................................ 25
OPERATIONAL PROCEDURES ...................................................................................... 25
A. ESTABLISHMENT OF APPROPRIATE JURISDICTION ........................................................... 25
ii
1. Authority and Approval .............................................................................................. 25
2. Pre-Operational Clearance ....................................................................................... 25
3. Inter-Unit Coordination .............................................................................................. 25
4. Inter-Agency Coordination ........................................................................................ 25
5. Coordination Form ..................................................................................................... 25
6. When Coordination is not feasible ........................................................................... 26
7. Procedures after an Armed Confrontation in relation to Item A.5 of Part VI ...... 26
8. Procedures in Flagging-down or Accosting Vessels ............................................. 26
Part VII ............................................................................................................................... 28
ANNEXES .......................................................................................................................... 28
ANNEX 1 ................................................................................................................................... 28
ANNEX 2 ................................................................................................................................... 29
ANNEX 3 ................................................................................................................................... 31
ANNEX 4 ................................................................................................................................... 38
ANNEX 5 ................................................................................................................................... 39
ANNEX 6 ................................................................................................................................... 41
ANNEX 7 ................................................................................................................................... 42
ANNEX 8 ................................................................................................................................... 43
ANNEX 9 ................................................................................................................................... 44
ANNEX 10 ................................................................................................................................. 47
ANNEX 11 ................................................................................................................................. 50
ANNEX 12 ................................................................................................................................. 67
TABULAR SUMMARY OF THE RULES ON THE USE OF FORCE .................................................... 67
Part X ................................................................................................................................. 68
BIBLIOGRAPHY ............................................................................................................... 68
iii
Republic of the Philippines
Department Order No. _________________
SUBJECT: PROMULGATION OF THE PCG MANUAL ON THE RULES ON THE USE OF

FORCE FOR MARITIME SECURITY AND LAW ENFORCEMENT OPERATIONS
DATE:
WHEREAS, the adoption of this Policy Manual is pursuant to Republic Act 9993
or the Philippine Coast Guard Law of 2009, the United Nations Convention on the
Laws of the Sea UNCLOS and the Jul Tribunal s Final Award on Permanent
Court of Arbitration Case Number 2013-19;
WHEREAS, the Philippine Coast Guard shall formulate specific Standard

Operating Procedures (SOPs) as the need arises;
WHEREAS, the 12 July 2016 promulgation of the Final Award on the

Permanent Court of Arbitration Case Number 2013-19 has long called for a review
and revision of HPCG Circular Number 01-12 dated 20 January 2012 on the Rules of
Engagement in the Conduct of Maritime Law Enforcement Operations for the
Philippine Coast Guard to aid its personnel in the conduct of the said operations,
especially in the West Philippine Sea. The review and subsequent revision is
necessary to provide the element of operational law that should be consistent with
the Final Award, governing operations in areas of maritime interest especially in the
contested areas to prevent misunderstanding and unnecessary tensions with other
claimant States that may result to a diplomatic row;
WHEREAS, several attempts to merge the rules of engagement of all state

actors operating at sea in order to come up with one coordinated procedure were
military is entitled to use deadl force to overcome the enem but law enforcers do
not have enemies and are generall required to remain within the bounds of
reasonable and proportionate force in subduing suspects. Thus, there is a difference
between the Rules of Engagement (ROE) being used by a state actor on another
enem state actor and the Rules on the Use of Force RUF being used b a state
actor in enforcing the law on non-state actor suspects;
WHEREAS, Rules on the Use of Force (RUF) are based on the 1979 Code of
Conduct for Law Enforcement Officials and the 1990 Basic Principles on the Use of
Force and Firearms by Law Enforcement Officials, as both instruments were
elaborated under the auspices of the United Nations Crime Congress. The ROE on the
other hand, are the internal rules or directives among military forces (including
iv
the use of force, or actions which might be construed as provocative, may be applied.
This definition is further reinforced by the San Remo Handbook on the Rules of
Engagement as issued by competent authorities and assist in the delineation of
circumstances and limitations within which military forces may be employed to
achieve their objectives;
WHEREAS, the Rules on the Use of Force take hinge on the accepted principle
that Maritime Law Enforcement Operations are not military operations. As such, in
the context of law enforcement, it is the RUF that should apply instead of ROE. Hence,
the Rules on the Use of Force is adopted in this Policy Manual;
WHEREAS, this Manual on the Rules on the Use of Force for Maritime Security
and Law Enforcement Operations provides guidelines and procedures to be followed
in undertaking Maritime Security and Law Enforcement (MARSLEN) operations in the
maritime jurisdictions of the Philippines. It also delineates the limitations and
circumstances under which maritime law enforcers will initiate and carry out
engagement through the use of well-defined appropriate force over vessels and/or
their crewmembers during the operation.
WHEREAS, the purpose of this Policy Manual to develop the awareness of the
MARSLEN operators on the corresponding obligation under the existing domestic
laws, rules and regulations as well as international laws in order to be conscientious
in the performance of duty;
WHEREAS, the best practices of the PCG as well as other law enforcement
agencies are also taken into account for purposes of efficient and effective operations;
WHEREAS, this Policy Manual indicates the use of force necessary in any type
of maritime law enforcement and looks at possible uses of crew-served weapons, and
the national and international legal precedents for the use of force at sea;
WHEREAS, this Policy Manual consists of standard operating procedures on

the use of force in the conduct of Maritime Security and Law Enforcement operations
in all the maritime jurisdictions of the Republic of the Philippines and shall be
implemented within maritime jurisdictions where the Philippines exercises
Sovereignty and Sovereign Rights;
WHEREAS, this shall apply to all PCG personnel performing maritime law
enforcement functions whether onboard commissioned vessels, PCG manned ships
and small crafts on waters subject to the aforementioned maritime jurisdictions and
such other law enforcement operations that the PCG personnel may perform. This
Policy Manual is likewise being offered for the adoption and use of but not limited to
the following in their Maritime Security and Law Enforcement Operations up to the
v
3. Bureau of Fisheries and Aquatic Resources (BFAR)
4. Bureau of Customs (BUCUS)
NOW, THEREFORE, in view of the foregoing premises, I, ARTHUR P. TUGADE,

Secretary of the DOTr, by virtue of the powers vested in me by law, do hereby
promulgate the Philippine Coast Guard Manual on the Rules on the Use of Force for
Maritime Security and Law Enforcement Operations.
Repealing Clause. All other publications, orders, rules, regulations and

issuances or parts thereof which are inconsistent with this Order are hereby repealed,
amended or modified accordingly.
Effectivity. This Order shall take effect immediately.
ARTHUR P. TUGADE
Secretary
vi
TANGGAPAN NG KOMANDANTE
(OFFICE OF THE COMMANDANT)
PAMBANSANG PUNONGHIMPILAN TANOD BAYBAYIN NG PILIPINAS
(National Headquarters Philippine Coast Guard)
139 25th St., Port Area
1018 Manila
FO E O D
Ab da ca e a ce
Ab da ca d e a
The publication of this Manual on the Rules on the Use of Force for Maritime Security
and Law Enforcement Operations of the Philippine Coast Guard and its adoption by
the National Task Force for the West Philippine Sea has finally come into fruition. The
impetus of formulating this Policy Manual that supplanted the defense-oriented HPCG
Circular Nr. 01-12 dated 20 January 2012 is the more defined stature of the Philippine
Coast Guard now as a maritime law enforcement agency.
As maritime law enforcers, the PCG personnel must not only understand applicable
maritime-related territorial laws but should also have functional familiarity on existing
international laws and conventions and regional agreements as these are the very
bases in crafting this Policy Manual with due regard and adherence to the principle of
Pacta Sunt Servanda, the bedrock of customary international law of treaties and the
very foundation of international law. A thorough understanding and appreciation of
these international laws and agreements will prevent misunderstanding and
unnecessary tensions during encounters and interactions with foreign vessels
especially in disputed areas that may result to a diplomatic row. Additionally, a deeper
understanding of these laws will further help the Coast Guard personnel in the
performance of the Philippine Coast Guard mandate.
This Policy Manual is a departure from the traditional military-oriented Rules of

Engagement, emphasizing that the Philippine Coast Guard, as a law enforcement
agency should be adopting the Use of Force Protocol instead. It shall be used as an
essential reference in confronting different situations at different maritime zones of the
country during the conduct of Maritime Security and Law enforcement Operations. The
PCG-TWG-RUF has painstakingly collated efforts to ensure accuracy, reliability as
well as relevance of the contents of the said manual at the time of its publication.
It is accepted that improvement and updating of this Policy Manual is needed in due
time as it may later be found wanting of situations that do not exist in the present time.
As Commandant of the Philippine Coast Guard, I, therefore, encourage every
personnel of the Philippine Coast Guard to recommend improvement for subsequent
revisions thereon as deemed needed in order for it to cope with the demands and
exigencies of the changing times.
GEORGE V URSABIA JR
Vice Admiral PCG
vii
Philippine Coast Guard
Office of the Deputy Commander for Maritime Security Command
Cavite Buoy Base, Naval Base Heracleo Alano
Sangley Point, Cavite City
EFACE
The necessity of coming up with this Policy Manual came after realizing that the
superseded 2012 PCG Rules of Engagement in the conduct of Maritime Law
Enforcement Operations are found wanting of consistencies and adherence to
international laws, relevant international conventions and applicable regional
agreements. In the ardent desire to prevent the dangers of blunders within the maritime
jurisdictions of the country, the crafting of this Policy Manual has been guided by the
operating principles of transparency, non-violence, and due regard for good order at
sea. It was thoroughly reviewed and improved in accordance with the
recommendations of the National Task Force for the West Philippine Sea (NTF-WPS).
Along with the PCG Maritime Security and Law Enforcement Manual s.2011, this
Policy Manual is aimed at boosting the proficiency of MARSLEN operators in
confronting different scenarios with other vessels when applying the Rules on the Use
of Force at sea.
While it may appear to be comprehensive as it is, this Policy Manual has been crafted
in a simplified manner to facilitate understanding and application of same when
confronted with situations at particular maritime zones as follows:
Encounter with Philippine-registered Non-State Actors

within any maritime zone

Internal Waters, Archipelagic Waters, and Territorial Sea

Contiguous Zone

EEZ
This Policy Manual is considered to be a departure from the traditional defense-
oriented Rules of Engagement as the Rules on the Use of Force are law enforcement-
oriented. We encourage all PCG personnel to give comments and recommendations
as we envision future decreeing of its innovation and improvement.
RADM ALLEN T TORIBIO PCG

Chairman, PCG-TWG-RU
viii
Office of the Deputy Chief of Coast Guard Staff for Intelligence, CG-2
139 25th Street, Port Area
1018 Manila
ACKNO LEDGEMEN
After successfully defending this Manual during the 119 th Meeting of the National Task
Force for the West Philippine Sea on 09 June 2020, I was reminded of the Latin maxim
“Labor improbus omnia vincit.” Undeniably, “hard labor conquers all” but not by it alone.
This Manual includes the major and significant contribution of the former Commandant
ADMIRAL JOEL S GARCIA PCG PhD., H.D.. Al-haj whom I worked with on this document
when I was the Deputy Chief of Coast Guard Staff for Operations, CG3. The very reason
why I was very much interested to work with him on this Manual is his vast knowledge and
deep understanding of the Law of the Sea. Being a former law student has given me the
edge of further understanding and appreciating the Law of the Sea as well as understanding
the language of the good Admiral.
The efforts of RADM RONNIE GIL L GAVAN PCG should not be discounted in vetting it to
the NTF-WPS when it was finally finished and recommended by the PCG Technical Working
Group, so much so that it slowly gained the acceptance of the NTF-WPS members noting
the scenario-based exercises they required.
It is also noteworthy to mention CDR VINCENT S LACA PCG, CDR BENJAMIN G

FORMENTOS JR PCG, ENS JAN BRYLLE D BAÑARES PCG, SW1 Katherine V Filio PCG,
SW2 Mary Anne A Ferrer PCG, ASW Mary Rose Apple A Arcega PCG, ASW Mary Rose B
Brisenio PCG, ASW Mariel I Aquino PCG and MS Irene E Carandang for burning their
midnight oils painstakingly to help me conduct the research, and encode and proofread the
draft Manual.
And last but not the least, to the Commandant, VADM GEORGE V URSABIA JR PCG for
his support and for helping me defend this Manual at the NTF-WPS.
COMMO GENITO B BASILIO PCG

Head Researcher and Drafter
ix
Manual on the Rules on the Use of Force for Maritime
Security and Law Enforcement Operations
Part I
IN OD C ION
A. RATIONALE
The 12 July 2016 promulgation of the Final Award on the Permanent Court
of Arbitration Case Number 2013-19 has long called for a review and revision of
HPCG Circular Number 01-12 dated 20 January 2012 on the Rules of Engagement
in the Conduct of Maritime Law Enforcement Operations for the Philippine Coast
Guard to aid its personnel in the conduct of the said operations, especially in the
West Philippine Sea. The review and subsequent revision is necessary to provide
the element of operational law that should be consistent with the Final Award,
governing operations in areas of maritime interest especially in the contested areas
to prevent misunderstanding and unnecessary tensions with other claimant States
that may result to a diplomatic row.
Several attempts to merge the rules of engagement of all state actors

operating at sea in order to come up with one coordinated procedure were
military is entitled to use deadly force to overcome “the enemy,” but law enforcers
do not have “enemies” and are generally required to remain within the bounds of
reasonable and proportionate force in subduing suspects. 1 Thus there is a
difference between the Rules of Engagement (ROE) being used by a state actor
on another “enemy” state actor and the Rules on the Use of Force (RUF) being
used by a state actor in enforcing the law on non-state actor suspects.
Rules on the Use of Force (RUF) are based on the 1979 Code of Conduct
for Law Enforcement Officials and the 1990 Basic Principles on the Use of Force
and Firearms by Law Enforcement Officials, as both instruments were elaborated
under the auspices of the United Nations Crime Congress. The ROE on the other
hand, are the internal rules or directives among military forces (including
the use of force, or actions which might be construed as provocative, may be
applied.2 This definition is further reinforced by the San Remo Handbook on the
Rules of Engagement as issued by competent authorities and assist in the
delineation of circumstances and limitations within which military forces may be
employed to achieve their objectives.3
1
Nathan Alexander Sales, Mending Walls: Information Sharing After the USA PATRIOT Act, 88 TEXAS LAW REVIEW 1795, 1821
(2010); see also Håkan Friman & Jens Lindborg, Initiating Criminal Proceedings with Military Force: Some Legal Aspects of
Policing Somali Pirates by Navies, in MODERN PIRACY: LEGAL CHALLENGES AND RESPONSES, supra note 5, at 172.
2
NATO MC 362/1
3
San Remo Handbook on the Rules of Engagement, 2009, pp 1
1
The Rules on the Use of Force take hinge therefore on the accepted
principle that Maritime Law Enforcement Operations are not military operations. As
such, in the context of law enforcement, it is the RUF that should apply instead of
ROE. Hence, this Policy Manual adopts the Rules on the Use of Force.
B. PURPOSE
This Manual on the Rules on the Use of Force for Maritime Security and
Law Enforcement Operations provides guidelines and procedures to be followed
in undertaking Maritime Security and Law Enforcement (MARSLEN) operations in
the maritime jurisdictions of the Philippines to include the contested areas being
claimed by other countries. It also delineates the limitations and circumstances
under which maritime law enforcers will initiate and carry out engagement through
the use of well-defined appropriate force over vessels and/or their crewmembers
during the operation. It is also the intention of this Policy Manual to develop the
awareness of the MARSLEN operators on the corresponding obligation under the
existing domestic laws, rules and regulations as well as international laws in order
to be conscientious in the performance of duty.
The best practices of the PCG as well as other law enforcement agencies
are also taken into account for purposes of efficient and effective operations.
Most importantly this Policy Manual indicates the use of force necessary
in any type of maritime law enforcement and looks at possible uses of crew-served
weapons, and the national and international legal precedents for the use of force
at sea.
C. SCOPE AND APPLICABILITY
This Policy Manual consists of standard operating procedures on the use

of force in the conduct of Maritime Security and Law Enforcement operations in all
the maritime jurisdictions of the Republic of the Philippines and shall be
implemented within the Maritime Jurisdiction of the Philippines where the
Philippines exercises Sovereignty and Sovereign Rights.
It shall apply to all PCG personnel performing maritime law enforcement

functions whether onboard commissioned vessels, PCG manned ships and small
crafts on waters subject to the aforementioned maritime jurisdictions and such
other law enforcement operations that the PCG personnel may perform. This Policy
Manual is likewise being offered for the adoption and use of but not limited to the
following in their Maritime Security and Law Enforcement Operations up to the

3. Bureau of Fisheries and Aquatic Resources (BFAR)
4. Bureau of Customs (BUCUS)
2
National Headquarters Philippine Coast Guard
D. LEGAL BASES
The adoption of this Policy Manual is pursuant to Republic Act 9993 or the
Philippine Coast Guard Law of 2009, the United Nations Convention on the Laws
of the Sea (UNCLOS), and the 12 July 2016 Tribunal’s Final Award on Permanent
Court of Arbitration Case Number 2013-19.
E. SUPPORTING STANDARD OPERATING PROCEDURE
The Philippine Coast Guard shall publish specific Standard Operating Procedures
(SOPs) as the need arises.
3
II
DEFINI ION OF E M
For the purpose of this Policy Manual, the following term shall be used:
A. Constructive Presence – The doctrine of constructive presence allows a

coastal state to pursue and arrest a vessel on the high seas, even though that
vessel may have never entered the state’s jurisdiction. This is because the vessel’s
presence can be “constructed” inside the state’s jurisdiction when a connection can
be found with other craft, suspected of having committed an illegal act there. 4
B. Right of Visit – the doctrine that allows patrol vessels or warships to close
to other vessels (except other patrol vessels or warships) on the high seas in order
to determine nationality and identity and to board those vessels if there are
reasonable grounds for suspecting that a ship is engaging in piracy, slavery,
unauthorized broadcasting, stateless (not registered in any country) and of the
same nationality as the patrol vessels or warship.5
C. Exception to Right of visit – Right of visit which cannot be conducted to

warships and ships used only on government non-commercial service6 pursuant
to Article 110 in relation to Articles 95 and 96 of UNCLOS.
D. High Risk Board and Search – a method of board and search, which is,
employed when a suspected ship or watercraft is considered hostile and was
forced to stop at sea or when there is an indication or sign of hostility.
E. Hot pursuit – international doctrine which states that patrol vessel or warship
may pursue a foreign vessel suspected of violating laws in the maritime jurisdiction
onto the high seas. If you lose visual or radar contact and no other patrol vessel
can positively identify the vessel of interest, hot pursuit must cease. 7
F. Innocent passage – a concept in the law of the sea that allows a foreign
vessel to pass through the territorial waters of another state, so long as it is not
prejudicial to the peace, good order or security of the coastal State. It ceases to be
innocent if in the territorial sea the foreign vessel engages in any of the following
activities:
1. any threat or use of force against the sovereignty, territorial

integrity or political independence of the coastal State, or in any other
4
Reece Lewis (2019) The Doctrine of Constructive Presence and the Arctic Sunrise Award (2015): The Emergence of the
Scheme Theory , Ocean Development & International Law, DOI
5
Ibid., Article 110
6
Ibid
7
Ibid., Article 111
4
manner in violation of the principles of international law embodied in

the Charter of the United Nations;
2. any exercise or practice with weapons of any kind;
3. any act aimed at collecting information to the prejudice of the

defense or security of the coastal State;
4. any act of propaganda aimed at affecting the defense or security

of the coastal State;
5. the launching, landing or taking on board of any aircraft;
6. the launching, landing or taking on board of any military device;
7. the loading or unloading of any commodity, currency or person

contrary to the customs, fiscal, immigration or sanitary laws and
regulations of the coastal State;
8. any act of willful and serious pollution contrary to this Convention;
9. any fishing activities;
10. the carrying out of research or survey activities;
11. any act aimed at interfering with any systems of communication

or any other facilities or installations of the coastal State;
12. any other activity not having a direct bearing on passage. 8
F. Island – a naturally formed area of land, surrounded by water, which is

above water at high tide. Its territorial sea, contiguous zone, exclusive economic
zone and continental shelf are determined in accordance with the provisions of
UNCLOS applicable to other land territory. 9
G. Low-Tide Elevation – a naturally formed area of land which is surrounded

by and above water at low tide but submerged at high tide. Where a low-tide
elevation is situated wholly or partly at a distance not exceeding the breadth of the
territorial sea from the mainland or an island, the low-water line on that elevation
may be used as the baseline for measuring the breadth of the territorial sea. Where
a low-tide elevation is wholly situated at a distance exceeding the breadth of the
territorial sea from the mainland or an island, it has no territorial sea of its own. 10
H. Maritime Security - refers to those measures employed by maritime

administrations, flag states, vessel owners, and operators, port facilities, offshore
installations, and other maritime organizations and entities to protect against
8
Ibid., Article 19
9
Ibid., Article 121
10
Ibid., Article 13
5
unlawful acts such as piracy, armed robbery, terrorism or other forms of violence
against ships, crews, passengers, port facilities, offshore installations and other
targets at sea or in coastal areas (Hawkes, K.G., 1989. P 9). It can also be defined
as the state wherein the country’s marine resources and wealth, maritime trade
and commerce, territorial integrity, and coastal peace and order are protected,
conserved and enhanced, traversing its prior predominantly defense-oriented
concept into a more holistic perspective, espousing a broader spectrum of national
security and interest that is geared towards sustainable development and socio-
political cum economic progress of the nation. 11
I. Maritime Security and Law Enforcement (MARSLEN) Operations – pertain

to the action of deploying personnel or assets to respond or render assistance to
other government agencies in the apprehension of violators of customs,
immigration, fisheries, forestry, dangerous drugs, firearms, piracy, environmental
laws, Revised Penal Code and other applicable laws within the maritime jurisdiction
of the Philippines. 12
J. Pirate Ship – A ship is considered a pirate ship if it is intended by the persons

in dominant control to be used for the purpose of committing one of the acts
referred to in Article 101 of the UNCLOS as follows:
1. any illegal acts of violence or detention, or any act of depredation,

committed for private ends by the crew or the passengers of a private
ship or a private aircraft, and directed: (i) on the high seas, against
another ship or aircraft, or against persons or property on board such
ship or aircraft; (ii) against a ship, aircraft, persons or property in a place
outside the jurisdiction of any State;
2. any act of voluntary participation in the operation of a ship or of an

aircraft with knowledge of facts making it a pirate ship or aircraft;
3. any act of inciting or of intentionally facilitating an act described in

subparagraph 1 or 2.13
The same applies if the ship has been used to commit any such act, so long as it
remains under the control of the persons guilty of that act.14
K. Rock – cannot sustain human habitation or economic life of their own and
shall have no exclusive economic zone or continental shelf.15
L. Sovereign Rights – pertain to the limited rights of a coastal state in the

exclusive economic zone (EEZ), such as “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
11
PCG Maritime Law Enforcement Manual s.2011, pp. 17-18
12
Ibid., p 17
13
Ibid., Article 101
14
Ibid., Article 103
15
Ibid., Article 121
6
other activities for the economic exploitation and exploration of the zone, such as
the production of energy from the water, currents and winds.” 16
M. Sovereignty – The supreme, absolute, and uncontrollable power by which

an independent state is governed and from which all specific political powers are
derived; the intentional independence of a state, combined with the right and power
of regulating its internal affairs without foreign interference. It is the power of a state
to do everything necessary to govern itself, such as making, executing laws,
imposing and collecting taxes, making war and peace, and forming treaties or
engaging in commerce with foreign nations. 17
N. State Actors and Non-State Actors – for purposes of this Policy Manual,
State Actors are persons, vessels or aircrafts owned and controlled by the
Government of a State. As far as Philippines is concerned, these are persons,
vessels or aircrafts of the Philippine Coast Guard, Philippine Navy, Bureau of
Fisheries and Aquatic Resources and any of their counterparts representing the
Governments of other States. Non-State Actors, on the other hand, are those
actors’ persons or vessels not acting in behalf of the Government of a State. They
may be commercial vessels or fishing vessels, domestic or foreign.
O. Unit afloat – refers to a commissioned vessel or small craft under the

command of a commissioned or a non-commissioned officer.
P. Use of Force – described as the amount of effort required to compel

compliance by an unwilling subject. 18
Q. Vessels – includes every description of water craft, including non-

displacement craft, Wing-In-Ground (WIG) craft and seaplanes, used or capable
of being used as a means of transportation on water. 19
R. Vessels of interest (VOI) – a vessel identified by the Philippine Coast Guard,

Philippine Navy, Bureau of Fisheries and Aquatic Resources, and any of their
counterparts representing the Government seen as posing a potential security or
criminal threat.20
16
Ibid., Article 56
17
Sea Dispute: Sovereignty vs. Sovereign Rights. 28 June 2018. Retrieved 04 July 2019 from
https://www.profolus.com/topics/sovereignty-vs-sovereign-rights-difference/
18
International Association of the Chiefs of Police, Police Use of Force in America, 2001, Alexandria, Virginia, 2001
19
Rule 3 of Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREGs)
20
Oya Özçayır , Port State Control, Taylor & Francis,
7
III
MA I IME J I DIC ION
Maritime jurisdiction refers to the exercise of the state, in conformity with
international law, of legislative, executive, and judicial functions over the sea and
over persons and things on or under the sea. 21
A. STATE JURISDICTION ON MARITIME ZONES
1. Types of Jurisdiction
a. Prescriptive or legislative jurisdiction – refers to the power of a State ‘to

make its law applicable to the activities, relations, or status of persons, or
the interests of persons in things, whether by legislation, by executive act or
order, by administrative rule or regulation, or by determination by a court.’
Therefore, it empowers a State to regulate all ship activities allowed under
this jurisdiction.
b. Enforcement jurisdiction – refers to the power of a State to compel

compliance or to punish noncompliance with its laws or regulations, whether
through the courts or by use of executive, administrative, police, or other
non-judicial action.’ It therefore permits a State to prevent or punish a ship’s
violation of laws or other standards.
c. Adjudicative or adjudicatory jurisdiction – refers to a State’s jurisdiction ‘to

subject persons or things to the process of its courts or administrative
tribunals, whether in civil or in criminal proceedings, whether or not the state
is a party to the proceedings.’
d. Functional jurisdiction - refers to coastal States’ limited jurisdiction over

the activities in ‘their’ maritime zones (the territorial sea, the contiguous
zone, the exclusive economic zone, and the continental shelf), and, to a
limited extent, to any State’s jurisdiction over certain activities on the high
seas, such as piracy and the trade in slaves. It involves both a prescriptive
and an enforcement component, that is, a coastal State may adopt laws and
regulations relating to innocent passage through the territorial sea, but it
may only enforce those laws (whether criminally or civilly) in limited
circumstances.
21
Dolliver Nelson, Maritime Jurisdiction, Oxford Public International Law. Retrieved 04 July 2019 from
https://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1195
8
2. Maritime Zones
As stipulated in the UNCLOS, every state will exercise jurisdiction on the

following maritime zones, to wit:
a. Internal waters - refer to those waters lying within the landward side of the
baseline22 and forming an integral part of the State territory23 that is no
different from the land. It includes bays, estuaries and ports, mouths of
rivers, navigable rivers, and canals subject to specific rules in the
Convention.24
In principle, the coastal state enjoys full sovereignty over its internal
waters. UNCLOS provides that:
“The sovereignty of a coastal state extends, beyond its

land territory and internal waters and, in the case of an
archipelagic state, its archipelagic waters, to an
adjacent belt of sea, described as the territorial sea.”25
Unlike the territorial sea, there is no right of innocent passage through

internal waters.26
The exercise of sovereignty within internal waters implies that coastal

State jurisdiction is somewhat unlimited.27 UNCLOS provisions on
coastal state in-port enforcement essentially refer to coastal state
prescriptive jurisdiction, which refers essentially to regulatory
conventions issues.28 Basically, coastal state in-port enforcement is
provided for in Article 220(1), as follows:
“When a vessel is voluntarily within a port or at an off-

shore terminal of a state, that state may subject to
section 7, institute proceedings in respect of any violation
of its laws and regulations adopted in accordance with
this convention or applicable international rules and
standards for the prevention, reduction and control of
pollution from vessels when the violation has occurred
within the territorial seas or the exclusive economic zone
of that state.”29
22
Ibid
23
UNCLOS, Article 2(1)
24
Ibid., Articles 9-12
25
Ibid., Article 2
26
R. R. Churchill and A. V. Lowe, The Law of the Sea, 3rd ed. (Manchester: Juris Publishing, 1999) 61
27
Erik Jaap Molenaar, Coastal State Jurisdiction Over Vessel-Source Pollution (The Hague: Kluwer Law International, 1998)
186
28
Ibid
29
UNCLOS, Article 220 (1)
9
b. Territorial sea – refers to the waters from the baseline and seaward to a
distance not exceeding 12 NM. 30 It was deemed to be included in the
territory of a State and therefore also under its sovereignty31 but subject to
the Right of Innocent Passage of foreign ships. 32
c. Archipelagic Waters – are the waters enclosed within straight archipelagic

baselines33 if such were validly used. Such waters are also deemed to be
under the sovereignty of archipelagic state34 but subject to recognition of the
Right of Innocent Passage35 designation of Archipelagic Sea Lanes 36 and
recognition of traditional fishing rights and existing submarine cables subject
to international agreements. 37
The Archipelagic Baselines Law38 further defined national territory

by specifying the baselines around the Philippine archipelago and
reaffirming the country’s right to exercise dominion, sovereignty and
jurisdiction over all portions of the national territory as established under
Article 1 of the 1987 Constitution and other applicable laws.
d. Contiguous Zone – the area contiguous to and beyond the Territorial Sea to
a distance of another 12 NM in which the Coastal State exercises limited
powers to prevent infringement of customs, fiscal, immigration, or sanitary
regulations; or to punish infringements of those regulations committed within
the state’s territory or territorial sea.39 A coastal state’s rights in the
contiguous zone are a functional and protective measure. 40
e. Exclusive Economic Zone (EEZ) - extends up to 200 nautical miles from the
baselines and where the Coastal State has extensive rights and jurisdictions
essentially with respect to natural resources, structures, marine scientific
research, and marine environmental protection.41 Within the EEZ, all other
States enjoy the freedom of navigation and overflight, laying of submarine
cables and pipelines.42
The PCG Vessels shall interdict foreign vessels for the

enforcement of regulations concerning the exploration, exploitation,
conservation, and management of natural resources and violation of the
rights for the protection of which the zone was established.
30
Ibid.,, Article 3
31
Ibid., Article 2
32
Ibid., Article 17
33
Ibid., Article 49
34
Ibid., Article 2(1)
35
Ibid., Article 52
36
Ibid., Article 53
37
Ibid., Article 51
38
Republic Act 9522
39
UNLCOS, Article 33
40
Churchill and Lowe, supra note 5 at 127
41
UNLCOS, Articles 55-75
42
Ibid., Article 58, in relation to Articles 87-115
10
f. High Seas – the area beyond the 200 nautical mile exclusive economic
zone is considered high seas, which remain subject to the traditional
“freedom of the seas regime.43 The exercise freedom of the high seas
include: freedom of navigation, freedom of fishing, freedom to lay submarine
cables and pipelines and freedom of overflight, freedom to construct artificial
islands and other installations, freedom of scientific research. 44
UNCLOS provides penal jurisdiction in matters of collision or any other

incident of navigation to the judicial or administrative authorities either of the
Flag State of the vessel or of the States of which the crew are nationals. 45 It
further provides warships and other law enforcement vessels the “right of
visit” on foreign flag ships that arouse reasonable suspicions that they are
engaged in piracy, slave trade, or unauthorized broadcasting, or a ship
without a flag or the changed flag in the high seas. 46
43
Couper and Gold, eds., supra note 75 at 21
44
UNCLOS, Article 87
45
Ibid., Article 97
46
Ibid., Article 110
11
I
GENE AL OLICIE
A. Pursuant to the Constitution of the Philippines and the applicable provisions
of the United Nations Convention on the Law of the Sea (UNCLOS), the Philippines
exercises absolute sovereignty over its inland waters, territorial waters and
archipelagic waters. It also exercises control over its contiguous zone on fiscal,
immigration, sanitary and customs regulations, and sovereign rights over its
Exclusive Economic Zone (EEZ) and continental shelf.
B. Republic Act No. 9993 or the Philippine Coast Guard Law of 2009
authorizes the PCG to enforce all maritime laws, rules and regulations and other
applicable laws within the maritime jurisdiction of the Republic of the Philippines.
C. All operations of the Philippine Coast Guard (PCG) shall be conducted in

accordance with the government’s policy of adherence to human rights as
enshrined in the Constitution, other related national laws and international law.
D. The PCG operations47 shall be categorized as follows:
1. Maritime Safety (MARSAF) Operations – include deterrence or

abatement of unnecessary loss of lives and properties at sea by
issuing permit, terminating or towing hazards to navigation,
maintaining lighthouses and navigational buoys.
2. Maritime Security and Law Enforcement (MARLEN) Operations –

pertain to the act of deploying PCG personnel to respond or render
assistance to other government agencies in the apprehension of
violators of customs, immigration, fisheries, forestry, dangerous
drugs, firearms, piracy, environmental laws, Revised Penal Code
and other applicable laws within the maritime jurisdiction of the
Philippines.48
3. Maritime Search and Rescue (MARSAR) Operations – coordinating

the centers for all search and rescue operations, maintaining
constantly-manned watch centers that operate 24 hours a day, and
continuously monitoring distress frequencies and conducting coastal
foot and seaborne patrol within their area of responsibility.
47
Philippine Coast Guard Functions. Retrieved 28 February from:
http://www.coastguard.gov.ph/index.php/transparency/functions
48
PCG Maritime Law Enforcement Manual s.2011, pp. 19
12
4. Maritime Environment Protection (MARSEP) Operations –

implements the Conventions on Marine Pollution of 1973 and 1978
that operates to oil pollution, prevention, mitigation and control
through the conduct of marine pollution monitoring and control,
enhancement of PCG capability and oil spill response operations
and enforcement of all marine environmental laws and regulations.
E. All PCG operations beyond the 12 NM territorial sea and within the
Philippine EEZ shall be subject to the issuance of harmonized national regulations
on fisheries and environmental protection vis-à-vis the provisions of the UNCLOS.
F. In carrying out duties in the conduct of law enforcement and security

operations, the operatives shall apply objectively reasonable and necessary force
before resorting to the use of deadly force against threat or resistance of a person.
Peaceful and persuasive efforts to obtain obedience from vessels of interest and
persons should always take precedence over the use of force.
G. For PCG vessels or crafts conducting operations, the personnel in charge

shall employ other necessary means to force the vessel of interest to comply with
the given instructions.
H. Safety and preservation of life and property should be at all times, the
primary consideration during the conduct of Maritime Security and Law
Enforcement (MARSLEN) operations.
I. The use of force continuum must be considered by the patrol vessel and the
boarding or law enforcement team for the application of the proportionate or
necessary force when dealing with uncooperative persons or those who poses
threat to the life and limb to the operatives or to other persons. The different types
of force based on the “use of force continuum” are as follows:
1. Non-Violent Force
a. Level 1 (Officer Presence or Patrol Vessel Presence) – is the

physical appearance of the law enforcement officer manifested on
his professional attitudes towards the persons in vessels of interest
to deter crime or diffuse a situation.
b. Level 2 (Verbal Commands) – where the force is not in

officer’s presence but on the tone, choice of words and inflection that
the patrol vessel or boarding team uses to communicate with the
vessel of interest or its crew.
c. Level 3 (Soft, Empty Hand Control) – any method of physical

control which does not cause any soft or connective tissue damage,
laceration of the skin and bone fractures. For the patrol vessel, this
may be done by circling around or launching an interdiction craft to
circle around the vessel of interest.
13
2. Violent Force – only authorized when dealing foreign registered

vessels and their crew within the internal waters, archipelagic waters and
territorial sea in some extreme cases, as well as with Philippine-registered
vessels and their crew within any maritime zone.
a. Level 4 (Hard Empty Hand Control) – any method of physical

control which has the probability of creating soft/connective tissue
damage, laceration of the skin or bone fractures. For the patrol
vessel, this may be done by circling around or directing the
interdiction craft to circle around the vessel of interest in rapid
movements to create big waves that will cause the vessel of interest
to pitch, roll and yaw.
b. Level 5 (Intermediary Weapons) – any method of mechanical

control which has the probability of creating soft/connective tissue
damage, laceration of the skin or bone fractures. For the patrol
vessel, this may be done through training the water canon towards
the direction of the vessel of interest or by releasing ropes at sea to
foul its propeller thereby immobilizing it.
c. Level 6 (Deadly Force) – any force which a law enforcement

officer would likely to cause serious bodily injury or death. Under the
conditions of extreme necessity, or when all lesser means have failed
or cannot reasonably be employed, this use of force may be justified.
J. The use of violent force can be resorted for self-defense of the law
enforcement operatives and for the defense of other persons in the following
circumstances:
1. On foreign non-state actor vessels and their crew provided that the
location of the MARSLEN operations is within the internal waters,
archipelagic waters or territorial sea of the Philippines; provided that
the use of violent force is stipulated in the OPORD; provided further,
that the law enforcement operatives are being fired upon or there is
evidence of violent acts in the maritime domain.
2. On Philippine-registered vessels within any of the maritime zones of

the Philippines.
A. In Item J of Part IV, the law enforcement officer shall use reasonable
and necessary force against non-state actors and avoid the violent use of
force in any way, except in the exercise of the right to self-defense or defense
of others against a subject vessel or its crew members. Authorized law
enforcement officials shall discharge their firearms only when it is not possible
to apply less extreme measures and if it will not endanger innocent people
within the area.
14
B. In relation to Item J of Part IV, the Commanding Officer, OIC or Boat

Captain of a PCG vessel or the personnel-in-charge of the boarding or law
enforcement team should take into account the elements of self-defense and
defense of others under Article 11 of the Revised Penal Code (RPC) of the
Philippines, to wit:
1. Unlawful aggression;
2. Reasonable necessity of the means employed to prevent the
aggression;
3. Lack of sufficient provocation on the part of the person defending
himself or that the person defending another be not induced by
revenge, resentment or evil motive
C. The Philippine Coast Guard Maritime Security and Law Enforcement

Manual s. 2011 shall supplement procedures not covered by this Policy
Manual. In case of conflicting provisions, this Policy Manual shall prevail.
D. For anti-illegal fishing operations, the Fisheries Law Enforcement

Manual of Operation (FLEMO) s. 2015 issued by the Bureau of Fisheries and
Aquatic Resources (BFAR) shall supplement procedures not covered by this
Policy Manual. In case of conflicting provisions, this Policy Manual shall
prevail.
15
G IDELINE
The conduct of MARSLEN operations should always be in accordance with the rule
of law. The following guidelines must be observed:
A. USE OF FORCE
1. Arming of vessels and personnel
a. Only commissioned vessels of the PCG and vessels under the

operational control of the PCG shall be mounted with weapons for
purposes of Maritime Security and Law Enforcement (MARSLEN)
operations.
b. Only properly designated personnel of a PCG vessel and boarding

law enforcement team with certifications as to their proficiency in the
handling of firearms issued by the Commanding officer based on Watch,
Quarter, and Station Bill (WQSB).
2. Spotting Vessels of Interest
a. Only vessels, based on the existing circumstances with the probable

cause of violating applicable laws of the Philippines or acting not in
accordance with the imposed security measures in the area shall be
considered vessels of interest.
b. Security and law enforcement action on vessels of interest includes

verification, inspection, visitation, boarding, search, seizure and arrest.
Boarding a vessel of interest within the internal waters, archipelagic waters
and territorial sea shall be pursuant to Section 3 (m) of Republic Act 9993
and Rule 3(m)1 of its Implementing Rules and Regulations. Boarding a
vessel of interest beyond the 12 NM territorial sea shall be pursuant to the
patrol vessel’s right of visit with all the conditions as stipulated in Article
110 of the UNCLOS as well as to ensure compliance with the economic
and environmental laws and regulations in the EEZ adopted by the State
as stipulated in Article 73 of the said Convention.
c. As stipulated in Articles 95 and 96 of UNCLOS, foreign military

vessels or those vessels owned or operated by other States and used only
on government non-commercial service in the Territorial Sea, Contiguous
Zone, Exclusive Economic Zone and beyond, shall be immune from
16
criminal and civil jurisdiction of the Philippines. Hence, those types of

vessels cannot be subjected to law enforcement action.
3. Use of peaceful means to request or compel compliance to a vessel of
interest and its crew
a. Communication to the vessel of interest should be established in

order to request or compel to follow the given instructions. Verbal
communication can be established through radio or public address system.
Other forms of communication can be made if verbal communication is not
practicable.
b. As far as practicable, the verbal communication shall be in a dialect

known to the vessel of interest or in case of foreign national, should be in
English language. The verbal communication should be done in a loud,
clear and polite manner.
c. The verbal communication of the PCG vessels should include the

following announcements:
1) PCG personnel identifying himself/herself or the PCG Vessel;

2) Intentions
3) Instructions to the vessel of interest of what to do
4. Warnings prior to use of violent force
a. If there is a failure on the part of the vessel of interest to comply after

peaceful means of inducing compliance, the PCG vessel shall give verbal
warnings to the said vessel to comply or force will be used to it. The verbal
warnings can be through radio or public address system. The verbal
warning should be done in a loud, clear and polite manner.
b. The verbal warnings of a PCG vessel should include the following

announcements:
1) PCG personnel identifying himself/herself or the Coast Guard Vessel;

2) Intentions
3) Instructions to the vessel of interest of what to do
4) Force would be used if the vessel of interest will not comply
c. Other forms of warnings like flares, illumination or hailer can be

employed after establishing verbal warnings.
d. Warning shots shall not be fired in order to stop a fleeing vessel of

interest.
17
5. Use of Force within specific maritime zones
A. For Philippine-registered Non-State Actors within any maritime

zone
1. Document its presence using high definition video recorder.
2. Send real time video footage through SAT link equipment to NHPCG.
3. Apply non-violent force
a. Challenge the vessel.
b. If the vessel of interest is a fishing vessel, implement FLEMO

s.2015 if found to be violating fishery law. If it is other than
fishing vessel, identify and enforce applicable maritime laws
found to have been violated.
c. Enforce apprehension thru Visit, Board, Search and Seizures

(VBSS).
d. Tow/escort for proper disposition.
4. Apply violent but non-deadly force (Level 4 to 5) in order to force

compliance after the issuance of warnings, or to defend itself or other
vessels against the subject vessel that makes threatening actions, that will
not cause death or serious injury to the crew or other persons.
5. If aggressions perpetrated by the subject vessel may or actually

cause death or serious injury to the PCG operatives, deadly force may be
employed without warnings.
6. Use of Force of a Boarding or Law Enforcement Team against

persons
a. The members of the Boarding or Law Enforcement Team

while aboard, boarding or about to board a vessel may use
non-deadly force against target persons in order to force
compliance, or violent force (Level 4 to 5) to defend
themselves from threatening actions of subject person that
will not cause death or serious injury to the Boarding or Law
Enforcement Team or to other persons.
b. The members of the Boarding or Law Enforcement Team

while aboard, boarding or about to board a vessel may use
18
deadly force (Level 6) against subject persons that will cause

death or serious injury.
c. In applying force against subject persons, the boarding or law

enforcement team must take into account the proportionality
of the force to be used in accordance with the use of force
continuum.
B. Within Internal Waters, Archipelagic Waters, and Territorial Sea
1. If vessel of interest is a State Actor, apply the following:
a. Document its presence using high definition video recorder.
b. There being no right to innocent passage in internal waters,

determine if presence within internal waters has clearance from the
Department of Foreign Affairs (DFA).
c. If presence is without clearance from DFA, order subject

vessel to leave the internal waters immediately, send real time video
footage to SAT link equipment of NHPCG, and make appropriate
report for diplomatic protest.
d. If within Archipelagic Waters or Territorial Sea and it violates

the conditions of innocent passage, order subject vessel to leave
immediately, send real time video footage to SAT link equipment of
NHPCG, and make appropriate report for diplomatic protest.
e. If vessel refuses to leave, report the same to NHPCG and wait

for further instructions.
f. Lateral coordination with the Armed Forces of the Philippines

(AFP) and/or the Philippine Navy (PN) should be made for
appropriate action / response.
2. If the vessel of interest is a Foreign Non-State Actor, apply the

following:
a. Document its presence using high definition video recorder

and send real time through SAT link to NHPCG.
b. There being no right to innocent passage in internal waters,

determine if presence within internal waters has clearance from
19
proper authorities (PPA and PSC). If found without clearance, apply

non-violent force.
c. If presence within Archipelagic Waters or Territorial Sea is

without clearance or if with clearance but it violates the conditions of
innocent passage, apply non-violent force.
1. Challenge the vessel using standard challenges.

(Annex 24)
2. If the vessel of interest is a fishing vessel, implement

FLEMO s.2015 if found to be violating fishery law. If it is other
than fishing vessel, identify and enforce applicable maritime law
found to have been violated.
3. Enforce apprehension thru Visit, Board, Search and

Seizures (VBSS).
4. Tow/escort the vessel for proper disposition.
d. Apply violent force (Level 4 to 6) in the use of force continuum

in order to defend self or other vessels against the vessel of interest
that makes threatening actions, that will cause serious injury or death
to the crew or other persons; provided that, the use of violent force is
stipulated in the OPORD; provided, further, that vessel or the law
enforcement operatives are being fired upon or there is evident of the
following violent acts in the maritime domain.
e. Use of Force of a Boarding or Law Enforcement Team against

persons
1. The members of the Boarding or Law Enforcement

Team while aboard, boarding or about to board a vessel may
use non-violent force against persons in order to force
compliance, or violent force (Level 4 to 5) to defend themselves
from threatening actions of subject person that will not cause
death or serious injury to the Boarding or Law Enforcement
Team or to other persons.
2. The members of the Boarding or Law Enforcement

Team while aboard, boarding or about to board a vessel may
use deadly force (Level 6) against subject persons in order to
defend themselves or other persons from the aggression of the
latter that will cause death or serious injury; provided that the
use of deadly force is stipulated in the OPORD; provided,
further, that vessel or the law enforcement operatives are being
fired upon or there is evident of the following violent acts in the
maritime domain.
20
3. In applying force against subject persons, the boarding

or law enforcement team must take into account the
proportionality of the force to be used in accordance with the
use of force continuum.
C. Within Contiguous Zone
a. Use VHF and other Communications Protocol, Collision

Regulations and SOLAS Chapters 4 and 5.
b. Document its presence using high definition video recorder.
c. Send real time video footage through SAT link equipment to

NHPCG.
d. Make appropriate report for diplomatic protest, if vessel

violates fishery or environmental protection laws.
e. In case of aggressive maneuvers or hostile actions

perpetrated by the subject vessel, the following actions shall be
undertaken:
i. Undertake evasive maneuvers while taking high definition

video footages and transmit same on real time through SAT link
to NHPCG. Afterwards, make appropriate report.
ii. Visual and Verbal Warnings are authorized.
iii. Alert all friendly forces in the unit's vicinity or area and
desist from doing provocative actions.
iv. Proceed to a pre-designated position where

confrontation with the foreign state actor vessel will be avoided
until further instructions from the NHPCG has been issued.
f. Use of deadly force is not authorized, unless it is expressly

stipulated in the OPORD.
2. If vessel of interest is a Foreign Non-State Actor, apply the following:
b. Send real time video footage through SAT link equipment to

NHPCG.
21
c. Use of deadly force is not authorize even if the violation on

fiscal, immigration, sanitary or customs regulations has been
committed by the vessel of interest outside the territory, the use of
force at the contiguous zone shall only be limited to non-deadly force.
In case of aggressive maneuvers perpetrated by the subject vessel,
undertake evasive maneuvers while taking high definition video
footages and transmit same on real time through SAT link to NHPCG.
Operatives shall not be prevented from using deadly force in the
event of self-defense and defense of others.
d. In the event of a hot pursuit operation, the use of deadly force

at the contiguous zone is authorized provided that the violation is
committed within the internal waters, archipelagic waters or territorial
sea of the Philippines; provided, further, that the use of deadly force
is stipulated in the OPORD; provided, further, that vessel or the law
enforcement operatives are being fired upon or there is evident of the
following violent acts in the maritime domain.
D. Within Non-Contested Areas in the Exclusive Economic Zone
a. Use VHF and other Communications Protocol, Collision

Regulations and SOLAS Chapters 4 and 5.
b. Document its presence using high definition video recorder.
c. Send real time video footage through SAT link equipment to

NHPCG.
d. Make appropriate report for diplomatic protest if vessel

violates fishery and environmental protection laws.
e. If vessel is a Marine Scientific Research Vessel:
i. If it is conducting MSR activity, document same using

high definition video recorder and send on real time
through SAT link equipment to NHPCG and verify with
DFA if said vessel has clearance to conduct the said MSR
activity within the Philippine EEZ.
ii. If there is no clearance, make appropriate report for the

filing of diplomatic protest.
iii. Monitor the movement of the foreign research/

scientific vessel and ensure its safety and security as
warranted.
22
iv. Ensure that the passage of the research/ scientific

vessel remains innocent pursuant to international maritime
laws, rules, and regulations.
f. In case of aggressive maneuvers or hostile actions

perpetrated by the subject vessel, the following actions shall be
undertaken:
i. Undertake evasive maneuvers while taking high

definition video footages and transmit same on real time
through SAT link to NHPCG. Afterwards, depart from the
area of conflict and make appropriate report for the filing
of diplomatic protest.
ii. Visual and Verbal Warnings are authorized.
iii. Alert all friendly forces in the unit's vicinity or area.
iv. Proceed to a pre-designated position where

confrontation with the foreign military vessel will be
avoided until further instructions from the NHQPCG has
been issued.
g. In case of foreign vessels and aircrafts conducting military

exercise, the following actions shall be undertaken:
i. Track, monitor and document the activities

using high definition video recorder and send on
real time through SAT link equipment to NHPCG;
ii. Recommend the filing of diplomatic protest.
2. If vessel of interest is a Non-State Actor
b. Apply non-violent use of force, if vessel violates fishery and

environmental protection laws.
i. Challenge the vessel.
ii. If the vessel of interest is a fishing vessel, implement

FLEMO s.2015 if found to be violating fishery law. If it is
other than fishing vessel, identify and enforce applicable
maritime law found to have been violated.
iii. Enforce apprehension thru Visit, Board, Search and

Seizures (VBSS) in accordance with Article 73 of the
UNCLOS.
23
iv. Tow/escort for proper disposition.
v. Apply reasonable and necessary force in order to force

compliance after the issuance of warnings, or to defend
itself or other vessels against the subject vessel that
makes threatening actions, that will not cause death or
serious injury to the crew or other persons. This can be
done through the use of water canon or launching of small
interdiction boats to circle around the subject vessel.
vi. Recommend for the posting of bond in accordance with

Article 292 of the UNCLOS.
c. Use of deadly force is not allowed, unless it is expressly

stipulated in the OPORD.
B. RESPONSIBILITIES OF COMMANDING OFFICERS/OICS/BOAT CAPTAINS
1. Commanding Officers, OICs, Boat Captains and other personnel in

charge of the operation shall, at all times, exercise control over all personnel
involved in operation, and shall exhaust all possible means to apply the
necessary and reasonable force to protect lives and properties during
operations;
2. Commanding Officers, OICs, Boat Captains and other personnel in

charge of the operation must ensure that all personnel under his command
are acquainted with the provisions of this policy and other pertinent laws,
rules and regulations relating to the conduct of MARSLEN operations
including respect to human rights of persons and their properties subject of
the said operations;
3. Commanding officers, OICs, Boat Captains and other personnel in

charge of the MARSLEN operation should ensure that all personnel are
properly briefed and acquainted with the overall operational plan before the
start of operations. The levels of authority particularly the authority on the
use of force should always be clear and delegated, if appropriate, to team
leaders and subordinate units, before that start of the operation.
4. Nothing in this guideline should undermine the commander’s

responsibility and decision-making capacity to use any or all means
necessary within the bounds of law to effect mission accomplishment.
5. All Commanding Officers, OICs, and Boat Captains shall not be

appointed as such without a written certification that they have undergone
a one week seminar on this Policy Manual which includes UNCLOS and the
PCA Case Number 2013-19 Final Award.
24
I
O E A IONAL OCED E
A. ESTABLISHMENT OF APPROPRIATE JURISDICTION
Prior to any actual board and search operation, the Commanding officer or
personnel in charge should establish appropriate jurisdiction over the vessel of
interest. This is to ensure the legality of the operation to be conducted and that the
operators are cloth with authority to act in a legal manner.
The following shall be observed:
1. Authority and Approval
No Coast Guard MARSLEN operations shall be conducted without prior

approval of the Commandant as a matter of procedure. However,
District/Unit Commanders as the immediate superior in their respective units
or commands are authorized to approve the conduct of operations when the
circumstances warrant, thereafter, they should inform the Commandant.
2. Pre-Operational Clearance
Before the actual operation, there should be issuance of OPORD which

shall include the RUF to be adopted based on this Policy Manual. The Team
Leader shall secure a Pre-Operational Clearance (Annex 21) and approval
from the unit commander to ensure that the operation is officially sanctioned
by the command.
3. Inter-Unit Coordination
In cases when the operation will involve the support other unit/s, the unit
initiating the conduct of operation shall coordinate with the Coast Guard
District within whose jurisdiction the operation is to be conducted.
4. Inter-Agency Coordination
In case when the operation will involve the support of other agency/ies, the
unit initiating the conduct of operation shall coordinate with the Coast Guard
District within whose jurisdiction the operation is to be conducted. The
concerned Coast Guard District shall in-turn, coordinate with the Regional,
Provincial or City Office of the concerned agency/ies.
5. Coordination Form
25
Prior to the conduct of operation, except in cases where the filing of formal
(in writing) inter-unit/agency coordination cannot be made due to the nature
and/or urgency of the situation such as, but not limited to, cross-jurisdictional
pursuit operations, coordination should be made formally using the
prescribed Coordination Form (Annex 22), which shall be filed with the
concerned operation office of the District/Unit/agency concerned.
6. When Coordination is not feasible
In cases where formal inter-unit/agency coordination is not feasible, the unit

concerned shall endeavor to notify the District/Agency concerned in the area
of operation through any fastest practical/available means of
communication at any time during the operation and, if not possible, shall
accomplish and furnish the District/Agency in the area of operation a written
incident report immediately after the termination of the operation.
7. Procedures after an Armed Confrontation in relation to Item A.5 of Part VI
Immediately after the armed confrontation, the PCG officer in-charge of the
maritime operation shall:
a. Inform Higher Headquarters or the nearest Coast Guard

District having jurisdiction of the confrontation that transpired.
b. Account all the PCG personnel/operatives on board the

vessel.
c. Immediately evacuate the location and proceed to the nearest

port for medical attention for those who had been wounded and for
other administrative and operational procedures after an armed
confrontation.
d. Ensure that everything that transpired had been properly

documented.
e. Conduct debriefing on all involved PCG personnel/operatives.
f. Submit After-Operations Report/Spot report as the case may

be.
g. Ensure psychological stress counseling for all involved PCG

operatives.
8. Procedures in Flagging-down or Accosting Vessels
This is a general concept procedure and will not apply in hot pursuit
operations. Boarding Procedure shall be observed by the PCG operatives
in case boarding of vessels involved or suspected to be involved in
26
committing maritime offense is necessary. The PCG operatives shall

undertake the following, when applicable:
a. Call the National Headquarters (Attn: PCG Command

Center/CG-3/CG-14), the nearest CG Station or Sub-Station or the
Coast Guard District that has jurisdiction over the location of the
operation and provide information about the vessel which is the
subject of the operation including the location.
b. State the reason(s) for the planned intervention of the

suspected vessel.
c. Communicate with the vessel of interest through radio. Identify

the name of the PCG vessel.
d. Try to get alongside of the vessel (port/starboard). Determine

whether the crews are hostile or not.
e. Inform the Captain and crew of the intention to board their

vessel;
f. Follow Boarding Procedures in boarding the vessel (Annex

23)
27
II
ANNE E
ANNEX 1

1018 Manila
Name of Unit/Office
PRE-OPERATIONAL CLEARANCE
Date:______________
I. UNIT/OFFICE:____________________
II. Name of Targets:_______________________________________

________________________________________________________
III. Area of Operation:______________________________________
IV. Summary of
Information:_______________________________________________
________________________________________________________
________________________________________________________
Recommended by: Approved by:
Rank/Name/Designation Rank/name/Designation
28
ANNEX 2

1018 Manila
Name of Unit/Office
COORDINATION FORM
Date:______________
Unit/Office:______________
COORDINATION MADE BY:_________________________________________
I. TYPE OF COORDINATION
II. DURATION OF OPERATION: _____________________________

III. AREAS OF OPERATION: ________________________________
TEAM LEADER: _______________________________________
IV. PERSONNEL INVOLVED:
NAME DESIGNATION
29
V. DESCRIPTION OF VESSELS INVOLVED
NAME OF TYPE FLAG BOW NUMBER

VESSEL
Recommended by: Approved by:
Rank/Name/Designation Rank/name/Designation
30
ANNEX 3

1018 Manila
BOARDING PROCEDURES:
1. Interception of Seaborne Contact
a) As soon as a seaborne contact is acquired through visual,

electronic or any other means, identity of the suspected vessel
should be established. The Conning Officer and/or Officer of the
Watch (OOW) shall make an initial assessment of whether the
contact is hostile or non-hostile and determine if VBSS should be
conducted. In case of doubt, a contact is presumed hostile. Important
observation are as follows:
Vessel Location
Vessel Activity
Type of Vessel
Flag
Course Speed
People on board
Condition of vessel and gear
Reaction to your presence
Unusual hull markings
b) In the case that VBSS is not warranted, the PCG vessel shall
continue monitoring the movements of the contact until it is well past
and clear.
c) In the case that VBSS is warranted, the apprehending vessel

shall immediately set course to intercept the contact taking into
account the prevailing sea and weather conditions as well as the
course and speed of the suspected vessel. The apprehending vessel
shall then communicate with the suspected vessel through all
available radio and telecommunications equipment in addition to flag
and light signals if appropriate. Furthermore, the siren should be
31
sounded to signify the apprehending vessel’s intention to approach

the contact.
d) If communication is established, apprehending vessel shall

obtain all information about the suspected vessel and crew, including,
but not limited to the following:
i. Ship’s/Watercraft’s name
ii. Country registration
iii. Name of Captain/Chief Mate
iv. Number of crew/passengers aboard
v. Port of origin/call/final destination
e) In the event that the suspected vessel flees, ignores the signal
of and/or refuses to communicate with the apprehending vessel, the
latter shall endeavor to maneuver to intercept the former using all
available speed under the given circumstances maintaining safety of
the vessel and her crew. At this point, the CO/OIC/BC of the
apprehending vessel shall report the on-going pursuit operation to
his/her operational control, District Commander or NHPCG PCG
Command Center for possible reinforcement and instruction. The
apprehending vessel shall continue using all available means to
communicate with the contact all throughout the maneuver.
2. Approaching the Suspected Vessel
a) The crew of the apprehending vessel, particularly those

exposed at the weather deck, shall take precautionary measures
while approaching the suspected vessel using all available safety
equipment such as armor, Kevlar helmets bulletproof vest/life
jackets. Those detailed as member of boarding team and those
tasked to provide security shall be under arms. Caliber .50 shall be
manned and trained to the general direction of the suspected vessel.
b) The CO/OOW shall maneuver his/her vessel around the

suspected vessel maintaining the safe distance to visually inspect the
latter and assess the threat that it might pose. Lookouts shall
determine the number of crew/passengers above decks and
presence of firearms/other weapons if any. Based on information, the
CO/OIC/BC of the apprehending vessel shall determine whether to
conduct compliant, non-compliant or opposed boarding.
c) The apprehending vessel shall communicate with the

suspected vessel using voice radio and/or loud hailer/megaphone
and inform the latter about the apprehending vessel’s identity and
intention to board the said suspected vessel. The Conning
Office/Officer of the Watch shall instruct the Captain/Chief Mate to
stop the suspected vessel dead on the water and order all its crew
and passengers to proceed and assemble at the bow/forecastle or at
32
any other place where they could best be seen. Only a minimum
number of the crew shall be allowed to stay at the pilot house to
maneuver the suspected vessel if needed.
d) Prior to the final approach to the suspected vessel, the

members of Boarding Team shall conduct muster to make sure that:
all members are accounted for; each member is properly equipped
safety gears (Kevlar helmet, life jacket, bullet proof vest, night vision
goggles as appropriate) and their assigned provisions; and each
member know his/her role and responsibilities during the VBSS. The
Boarding Team shall be composed of the following:
Designation Rank Responsibilities Provision

Team Leader Officer Inspect documents, Side arm, handheld
render continuous radio, cellular phone
report to
apprehending vessel
Assistant Team Non- Inspect document, Rifle (M16) cellular
Leader Officer accomplish forms phone, boarding
documents/pen
Compartment Non- Inspect Rifle, camera (video)
Inspector Officer compartments, take
photos/videos
Compartment Non- Inspect Rifle, flash light
Inspector Officer compartments
Security Detail Non- Guard Rifle, flash light
Officer crew/passengers
Security Detail Non- Guard Rifle, flash light
Officer crew/passenger
Note: The actual number of members may vary depending on the size of
the apprehending vessel and her available personnel. Additional members
may be added in Category 2 & 3 vessels, while in small craft it may only
be composed 2 or 3 members.
e) The boarding officer should introduce himself and explain the

purpose of the boarding. Take time to ensure that the purpose is
clearly understood and explain the expected conduct of the crew
during this process. The boarding officer must, by conduct, speech
and procedure, convince the crew that he is capable of controlling
the situation. The following are the guidelines on how to introduce
oneself as a boarding officer:
Greet the master
Identify yourself
Ask about the weapons
Explain boarding process
Set positive tone
33
Always keep in mind the purpose of the boarding, and act

accordingly. If this is a compliance inspection or a visit to determine
nationality, the intensity of the search and consequently the “tone” of
the boarding will be differently that of one in which there is a high
degree of expectation that a violation of law has already occurred.
Identify potential safety hazards; and

Assess seaworthiness of vessel
f) Only after determining that the suspected vessel no longer

poses any threat to the apprehending vessel, shall the latter
commence the final approach to the former. The general rule is that,
the smaller vessel should come alongside the bigger one subject to
discretion of the CO/OOW/BC. If practicable, rubber boats/rigid hull
inflatable boats (RHIB) shall be launched with the boarding team on
board. The Boarding Team shall bring the boat alongside the
suspected vessel and conduct the VBSS. Mooring lines must be tied
to the suspected vessel in a manner as to provide for immediate
breakaway if necessity requires. The Boarding Team shall maintain
contact with the apprehending vessel using voice radio and/or
mobiles phones. The apprehending vessel shall only come alongside
the suspected vessel or order the latter to come alongside if rubber
boats/RHIB are not available or their launching is not practical under
the circumstances, and no damage to persons and properly is likely
to result.
g) When boarding and searching multiple suspected vessels, the

boarding team shall board and search each suspected vessel one at
a time never allowing other ships/watercraft to come alongside the
apprehending vessel or the suspected vessel being boarded.
3. VBSS Proper
a) The members of the Boarding Team shall board the suspected

vessel one at a time providing for security cover for each other during
the process. The Team Leader shall instruct the Captain/Chief Mate
of the suspected vessel to identify himself/herself and present all
relevant of the ship. The other members shall distribute themselves
throughout the suspected vessel in such a way that no one member
is alone at any one time.
b) During the inspection of the vessel, the two (2) members of

the Team shall conduct the inspection to the following ship data:
Master/Crew ID
Master’s Credential
Vessel Documents
Cargo Documents
34
Ship Agent Information

Navigational Data
Condition of Cargo
Configuration
Suspicious Indicators
Admin Compliance
c) At least two (2) members of the Team shall post as guard to

secure and inspect the assembled crew/passengers at the forecastle
or at the designated place.
d) At least (2) members of the Team shall conduct the search of

the suspected vessel’s compartments accompanied by the
Captain/Chief Mate or another designated crew. The search must be
systematic, investigate all spaces, even apparently dead ones.
Follow decks through bulkheads, working from stem to stern, mast to
keel. Never anticipate what one may find, expect the unexpected.
Voids especially should be entered by one person at a time, and if
the possibility of gasses or lack of oxygen, should be ventilated and
check first.
e) Three major areas the search will cover are: The Stewards’
department, the Deck department and Engineering department.
f) The Boarding Team Leader shall render through radio or

mobile phone continues reports on the progress of the VBSS to
his/her CO/OOW/BC aboard the apprehending vessel.
g) Photos and Videos on the suspected vessel, its

crew/passengers and cargoes/contrabands shall be taken by
members of the Boarding Team.
4. Conduct of PCG Personnel during VBSS
a) The Officers and Non-Officer of the apprehending vessel must

be in complete presentable uniform, authorized Battle Dress Attire
(BDU) or patrol shirt with clear PCG logo. They must bear in mind
that they are representatives of the Philippine Coast Guard and shall
conduct themselves professionally observing proper decorum.
b) Utmost courtesy must be accorded to the crew and

passengers of the suspected vessel being inspected paying
particular attention to the safety and comfort of the elderly, women
and children passengers.
c) The crew of the apprehending vessel including the members

of the Boarding Team shall remain alert and attentive all throughout
the conduct of VBSS. Members of the Boarding Team shall ensure
35
that their firearms are secured. Guns aboard the apprehending

vessel must be ready to fire in accordance with existing PCG Rules
on the Use of Force. Engines and navigational equipment must be
kept running allowing the vessel to pull-out at any time in case of
emergency.
5. Disposition of Suspected Vessel and Its Personnel
a. If after inspection all papers appear to be in order and no

violations are noted, apprehending vessel shall issue a Boarding
Certificate to the suspected vessel and allow the latter to resume its
voyage. The members of the Boarding Team shall return aboard the
apprehending vessel after making sure that all inspected documents
are properly returned to and received by the Captain/Chief Mate of
the suspected vessel.
b. In the event that violations are noted, the apprehending

vessel shall initiate apprehension of the suspected vessel and/or
seizure of its cargo. The Boarding Team shall accomplish an
Inspection/Apprehension Report (IAR) and issue a copy of the same
to the Captain/Chief Mate of the apprehended vessel. The
apprehending vessel shall retain possession of all inspected
documents until their turn-over to proper authorities. The CO/OIC/BC
shall immediately report this development to his/her District
Commander to received further advice/instruction.
c. A prize crew shall be designated (in certain cases the same

members of the Boarding Team are designated as prize crew) to
board the apprehended vessel. The apprehending vessel shall then
low or escort the apprehended vessel to the nearest PCG station/port.
If it not practicable under the circumstances and with clearance from
the District/Station Commander, an apprehended vessel may be
brought to another port upon coordination to ports authority.
d. Upon reaching the port, the apprehending vessel thru

District/Station Commander shall communicate with and turn-over the
apprehended vessel and its cargo to the concerned/appropriate
agency (without prejudice to changes in government
structure/functions) in the area for their proper disposition as follows:
Violation/s Government Agency
Maritime Law, Arms Trafficking PNP

Smuggling (Contraband, Car, Fuel and other) BoC
Piracy, Armed Robbery at Sea PNP-MARIG
Human Trafficking IACAT
Illegal Fishing BFAR
36
Smuggling of Forest Product DENR

Terrorism ATC
Drugs Smuggling/Trafficking PDEA
Weapon of Mass Destruction (components) PCTC
Marine Environment Degradation DENR
Illegal Entry/Alien BI
e. The apprehending vessel shall retain a copy of all documents

and photos/video in connection with just concluded VBSS for file and
future reference prior to their turn-over to the government agency. An
inventory of cargoes/contrabands and receipt shall be jointly signed
by the Apprehending Officer, Captain/Chief Mate of the apprehended
vessel and the representative of government agency receiving the
latter vessel and its cargoes.
37
ANNEX 4
PHILIPPINE COAST GUARD
_________________________ _ __
__________ _________________
BOARDING CERTIFICATE
_____________
Date
TO WHOM IT MAY CONCERN:
THIS IS TO CERTIFY that on the above-mention date, the Boarding Party of PCG,
_______ has boarded my boat/ vessel at the vicinity of ________________ in order to
conduct inspections.
That the inspection was conducted in an orderly manner without the use of force
upon our person(s) and property.
That after their inspection, they left my boat/boat/vessel without taking any of our
personal property which is not subjected to seizure, neither was there anything taken
without proper receipt.
That this statement was freely and voluntarily made without the use of force, threat
of intimidation.
That before I signed this statement, the contents hereof were translated to me and
I have understood the same.
___________________________
(Master/Patron)
Name of Boat/vessel: ____________________________
Name of Owner: ________________________________
Address: ______________________________________
Gross Tonnage: _________ Net Tonnage: ____________
WITNESSES: INSPECTING OFFICER

____________________________ ______________________________
____________________________ ______________________________
Remarks:
______________________________________________________________________
______________________________________________________________________
Note: Inspection is a matter of routine and for the protection of life and Property at Sea
and the enforcement of Philippine Laws, Rules and Regulations promulgated hereunder.
38
ANNEX 5
PHILIPPINE COAST GUARD
_________Name of Vessel _ __
__________ Address ________
INSPECTION/APPREHENSION REPORT
__________________
Date
_____________________
_____________________
_____________________
Sir:
Hereunder is the report on the apprehension made by the team:
Owner/Operator/Master: ___________________________________________
Address: _______________________________________________________
Name of Vessel: ___________________________Voyage Nr.: ____________
Kind of License:_______________ Nr.:_______________ Issued on:________
Issued at: ______________________________________ Expired on: _______
Kind of Special Permit (Cargoes): ___________________ Issued on: ________
Issued at: _______________________________________________________
Authorized Regular Capacity: ________________________ Option if any: ____
Actual Passenger(s) on Board:__________ Officer: ___________ Crew: _____
Gross Tonnage: __________________________ Net Tonnage: ____________
Last Port of call: __________________________ Date/Time/Departure: ______
Next Port of call:________________________________ ETA:______________
Final Destination: __________________________________ ETA: __________
VIOLATION(S)
1. _____________________________________________________
2. _____________________________________________________
3. _____________________________________________________
4. _____________________________________________________
5. _____________________________________________________
Paper/Documents/Articles Confiscated:
________________________________________________________________
________________________________________________________________
________________________________________________________________
39
Place, Date and Time of Inspected:

________________________________________________________________
_______________________ _____________________________
Inspecting Officer/Non-officer Captain/Chief Mate
Remarks:
________________________________________________________________
________________________________________________________________
________________________________________________________________
Very Truly Yours,

___________________________
(Signature Over Printed Name)
Boarding Officer/Team Leader
WITNESS (ES):
____________________________ ____________________________
40
ANNEX 6

1018 Manila
RIGHTS OF APPRAISAL STATEMENT
_________________ ________________
Date: Time:
THIS IS TO CATEGORICALLY STATE that the undersigned were

appraised of our rights under custodial investigation as follows:
1. Right to remain silent;

2. Right to counsel of our own choice;
3. Right to be furnished an independent counsel of State if we
cannot afford one;
4. Right to be informed of these rights.
We further certify that this statement was made freely and voluntarily without the
use of force or intimidation upon us and that before we signed this statement, the
contents hereof were explained to us in a language or dialect understood by us
and we have understood the same.
_____________________________________
Captain/Chief Mate of Vessel
Crew members/Passenger(s): (Signature over printed name)
_____________________________ ________________________________
_____________________________ ________________________________
_____________________________ ________________________________
_____________________________ ________________________________
_____________________________ ________________________________
_____________________________ ________________________________
41
ANNEX 7

1018 Manila
RECEIT OF OTHER SEIZED ITEMS
_________________ ________________
Date: Time:
Received the following items in the possession of_______________________

Owner/ Possessor/ Person-In-Charge
at___________________________________________________________
(Place, Date and Time)
Description of Each Items/ Articles On Board:
ITEMS/ARTICLES QUANTITY UNIT REMARKS
______________________ ___________ ______ __________

______________________ ___________ ______ __________
______________________ ___________ ______ __________
______________________ ___________ ______ __________
_____________________________________
Boarding Officer/Team Leader
WITNESSES:
________________________
________________________
42
ANNEX 8

1018 Manila
FLOW OF GENERAL BOARDING OPERATIONS
43
ANNEX 9
STANDARD RADIO CHALLENGES RESPONSES FOR PCG VESSELS

A. WITHIN THE PHILIPPINE TERRITORIAL SEA
1) CHALLENGES FROM PCG VESSEL TO FOREIGN VESSEL (WITHIN

TERRITORIAL SEA)
VESSEL RESPONDS Thank you for your cooperation, have a safe voyage.
Calling unidentified foreign
vessel, this is Philippine
Coast Guard (Name of Repeat Challenge
Vessel). You are within the NO RESPONSE
(Failure to respond to 2nd Challenge)
Philippine Territorial Sea. Calling unidentified foreign vessel at (location). This
In accordance with is Philippine Coast Guard (Name of Vessel).
International and In accordance with International and Philippine
national laws, you are within the Philippine
Philippine national laws,
Territorial Sea. You are not responding. Your failure
you are requested to to respond will be dealt with accordingly.
provide the following (Repeat)
information:
a) Name of Vessel
(Foreign Vessel Identity) This is Philippine Coast
b) Intention Foreign Vessel response is a
Guard (Vessel Identity). In accordance with
c) Last and next port of call counter-Challenge
International and the Philippine national laws. You
Over.
are within the Philippine Territorial Sea. You are
If passage is not innocent violating international and Philippine National Laws.
You are advised to leave the area immediately. Your
actions will affect Philippines-(Flagged-Vessel)
relations, and will be dealt with accordingly. (repeat)
Apply necessary
actions in accordance
with RUF Manual
2) RESPONSE FROM PCG VESSEL TO FOREIGN STATE VESSEL

CHALLENGE (WITHIN TERRITORIAL SEA)
(Foreign Vessel Identity)

This is (Vessel Identity)
conducting routine
maritime patrol within
CHALLENGE OF the Philippine territorial
FOREIGN STATE sea. In accordance with Apply necessary actions in
VESSEL TO International and accordance with RUF Manual
PHILIPPINE Philippine national laws,
VESSEL we are conducting lawful
maritime operations. You
are advised to leave
immediately. Over.
44
B. WITHIN THE PHILIPPINE EXCLUSIVE ECONOMIC ZONE
1) CHALLENGES FROM PCG VESSEL TO FOREIGN VESSEL (WITHIN

EXCLUSIVE ECONOMIC ZONE)
To unidentified VESSEL RESPONDS Thank you for your cooperation, have a safe voyage.
foreign vessel at
(location). This is
Philippine Coast NO RESPONSE Monitor to ensure that no violation of applicable
Guard (name of laws is committed. Philippine
vessel). You are Coast Guard
sailing within vessel may
To (identity of foreign vessel) at (location). This is
Philippine proceed to
Philippine Coast Guard (Name of vessel). In
Exclusive Economic its mission
Zone. You are accordance with International and Philippine
requested to national laws you are within Philippines Exclusive
provide the Foreign Vessel response is a Economic Zone. Your actions will affect Philippines –
following: (Flagged Vessel) relations, and will be reported to
counter-Challenge
a) Name of Vessel; concerned authorities. (repeat)
b) Intention;
c) Last and next If in violation of applicable laws
port of call Apply necessary actions in accordance with
Over. RUF Manual
2) RESPONSE FOR PCG VESSELS TO FOREIGN STATE VESSEL

CHALLENGE (WITHIN EXCLUSIVE ECONOMIC ZONE)

This is Philippine Coast
Guard (Vessel Name)
conducting lawful routine
maritime patrol within the Philippine Coast Guard vessel
Philippine Exclusive may proceed to its mission
Economic Zone.
CHALLENGE OF In accordance with
FOREIGN STATE International and Philippine
national laws, We are Apply necessary actions in
VESSEL TO PHILIPPINE
proceeding according to accordance with RUF Manual
COAST GUARD our planned route. Request
VESSEL to stay clear from our
passage in accordance with
the Collision Regulations
over. (repeat)
45
C. OUTSIDE EXCLUSIVE ECONOMIC ZONE PROCEEDING TO PHILIPPINE

OCCUPIED FEATURES
1) RESPONSE FOR PCG VESSEL TO FOREIGN STATE VESSEL CHALLENGE

(OUTSIDE EXCLUSIVE ECONOMIC ZONE)

This is Philippine Coast
Guard (Vessel Identity), Philippine Coast Guard vessel
CHALLENGE OF We will be heading at
may proceed to its mission
FOREIGN STATE (Location). We are
VESSEL TO proceeding to our
PHILIPPINE COAST planned route. Request to
GUARD VESSEL stay clear from our
passage in accordance Apply necessary actions in
with the Collision accordance with RUF Manual
Regulations.
46
ANNEX 10
FOREIGN STATES’ RIGHTS IN ARCHIPELAGIC WATERS
Activity Rights
Navigation Foreign vessels’ enjoy right of innocent

passage through archipelagic waters, but
these may be suspended temporarily for
security reasons (Articles 52, 54. LOSC)
- Designated sea lanes (GPH has not
yet designated its archipelagic sea lanes) are
to be respected (Article 53, Paragraph 11); in
such sea lanes vessels have right of
“archipelagic sea lane passage” (Article 53,
Paragraph 2, LOSC)
- Sea lane passage may not be hampered
or suspended (Articles 54, 55)
- Traffic separation schemes (GPH has
not yet designated) are to be respected
(Articles 54, Paragraph 11, LOSC)
Overflight Foreign aircraft have no right of

overflight, but must follow designated
corridors (Articles 3, Paragraph 2, LOSC);
must observe Rules of the Air and monitor the
assigned radio frequency (Articles 54; 39,
subparagraph 3)
Fishing Can be obtained by agreement ; also

archipelagic state must respect traditional
fishing rights (Article 51, LOSC)
GPH-China entered into a Memorandum of

Understanding on Fisheries Cooperation
effective as of 25 Feb. 2005. An inventory and
review of this and all other relevant agreements
should be conducted in order to better protect
GPH’s rights. Plus, GPH should determine for its
waters including its Exclusive Economic Zone
(EEZ), among others, the allowable
47
catch/quotas, which species/fish, areas for

fishing, and require fishing vessels to report
their catch statistics and vessel positions.
Although foreign vessels’ enjoy rights of innocent

passage through archipelagic waters, their transit
must be “continuous” and expeditious”. They do
not have fishing rights. China as well as other
States have been encroaching on areas
considered archipelagic internal and territorial
waters for fishing activities, contrary to
international law (exception: if GPH-foreign
agreements exist).
Scientific Research Consent of GPH, as archipelagic state, is

required (Articles, 54, 40, 246(3)(5), LOSC)
Submarine Cables Foreign states have rights only with regard to

existing cables (Article 51, LOSC)
Mining Foreign states have no rights, and in the EZZ,

GPH has exclusive right to authorize and regulate
drilling (Article 81, LOSC)
GPH-China entered into a Joint Marine Seismic

Undertaking in Certain Area in the South China
Sea signed on 1 September 2004, and only valid
for three (3) years. However, this was amended
in 2005 to include Vietnam. An inventory and
review of this and all other relevant agreements
should be conducted in order to better protect
GPH’s rights. The DFA has indicated that there
are over 105 agreements with China, most signed
under the previous Arroyo administration and
many of which DFA was not aware of.
48
Environmental GPH, as archipelagic state, may adopt laws and

Legislation and regulations to give effect to international
Enforcement regulations to prevent, reduce and control
pollution in sea lanes, but restricted to
“discharge” (Article 54, Article 42,
Subparagraph 1 (b), LOSC). Passage outside
sea lanes is passage through territorial sea
(Article 52, LOSC).
49
ANNEX 11
SALIENT POINTS ON MARITIME ZONES OF ARCHIPELAGIC STATES
COASTAL STATES FOREIGN SHIPS (Civilian)
A. Full sovereignty of the Right of “innocent

ARCHIPELAGIC coastal state passage”
WATERS
Shall not hamper There shall be no
transit passage suspension of transit and
Comprises innocent passage except:
all the maritime Shall give appropriate
waters within publicity to any danger to - For security reasons;
archipelagic navigation or overflight - After due notice;
baselines which they have knowledge. - Without discrimination
(Churchill, R, R, (Art. 52, (2), Art. 44
and Lowe, A.V. LOSC)
The Law of the
Designate sea lanes Enjoy the right of
Sea (3rd ed,)
and air routes (Art. 53 (1) archipelagic sea lanes (ASL)
Juris Publishing,
LOSC) passage (Art. 53 (1) LOSC)
Manchester),
pg. 125)
Prescribe traffic Respect ASL and
separation schemes (Art. 53 traffic separation schemes
Sovereignty
(6) LOSC) (Art. 53 (11) LOSC)
extends to the ff:
Lane and routes must In the exercise of

- Waters
be designated in transit and innocent
within or
consultation with the IMO passage, shall:
enclosed by the
(Art. 53 (9), LOSC)
archipelagic
- Proceed without delay;
straight
- Refrain from any threat
baselines
or use of force against the
regardless of
sovereignty of states;
their depth of
- Refrain from any
distance from
activities other than those
the coast.
incident to their normal
- Air space
modes of continuous and
- Bed and
expeditious transit unless
subsoil; and
rendered necessary by
- Its
resources (Art.
50
49, (1&2) force majeure or by

LOSC) distress;
- Comply with the
The regime International Regulations
of archipelagic for Preventing Collisions at
sea lanes (ASL) Sea;
passage shall - Comply MARPOL
not in other Convention and other
respects affect policies relating to pollution
the status of the: control;
- Archipelagi Aircraft in transit and

c waters; innocent passage shall:
- The sea
lanes; or - Observe the Rules of
- The the Air;
exercise by the - Monitor the radio
archipelagic distress frequency (Art. 54,
state of its Art. 39 (3), LOSC)
sovereignty as
discussed If no sea lanes is
above. (Art. 49, designated:
(4) LOSC,) - Passage can be made
through routes normally
Delimitation used for international
of internal navigation
waters by - Submarines can transit
drawing closing submerged (Art. 53 (12)
lines within LOSC).
archipelagic
lines within
archipelagic
waters. (Art. 50,
LOSC)
Must respect right
enjoyed by third States
deriving from:
- Existing agreements;
- Traditional fishing
rights;
51
- Existing submarine
cables; and
- Other legitimate
activities (Art. 51, Art. 47
(6) LOSC)
Adopt laws and Should not carry out

regulations on the ff: any research or survey
activities without the prior
authorization, during transit
- Safety of navigation and innocent passage.
and the regulation of (Article 40, LOSC)
maritime traffic;
- Prevention, reduction Shall comply with all
and control of pollution to laws and regulations. (Art.
include discharge of oil, oily 54, Art. 42 (5) LOSC)
wastes and other noxious
substances; State of a ship or the
- With respect to fishing State of registry of an aircraft
vessels, the prevention of shall bear international
fishing, including the responsibility for any loss or
stowage of fishing gear; damage (Art. 54, Art. 42 (5),
- Loading or unloading of LOSC)
any commodity, currency or
person in contravention of
the customs, fiscal,
immigration or sanitary laws
and regulations (Art. 54,
Art. 42 (1), LOSC)
Shall published all laws

and regulations (Art. 54, Art.
42 (3), LOSC)
52
COASTAL STATE FOREIGN SHIP (Civilian)
B. TERRITORIAL Full Sovereignty Allowed transit and

SEA (TS) innocent passage.
- Explore resources
- Enforce domestic laws Passage must be
12 nautical continuous and expeditious
miles, measured (Art. 18 (2), LOSC)
from baseline Prevent passage which
(Art. 3, LOSC) is not innocent (Art. 25 (1), Not allowed to “hover”
LOSC) or cross around the TS (Art.
Sovereignty 18 (2), LOSC)
extend to the air It has the right to
space over the suspend such passage Stopping and
territorial sea as when the passage would anchoring is allowed in the ff
well as to its bed prejudice the following: cases:
and
- Peace; - Incidental to ordinary
Subsoil. (Art. 2, - Good order; and navigation;
LOSC) - Security - Force majeure or
distress;
Adopt laws and - Seek to assist another
regulations relating to ship, person or aircraft in
innocent Passage in danger or distress (Art.
respect of the following: 18 (2), LOSC)
- Safety of Shall comply with all
navigation; such laws and regulations
- Regulation of on the prevention of
navigational aids and collisions at sea (Art. 21 (4),
facilities; LOSC)
- Protection of
cable and pipelines; During transit and
- Conservation of innocent passage should
the living resources of not:
the sea;
- Prevention of - Threat or use force
infringement of the against the sovereignty,
fisheries laws and territorial integrity of
regulations; political independence of
the coastal State;
53
- Preservation, - Exercise of practice

reduction and control of with weapons of any kind;
pollution; - Collect information to
- Marine scientific the prejudice of the
research and defence or security;
hydrographic survey; - Provide propaganda
- Prevention of aimed at affecting the
infringement of defense or security of the
customs, fiscal, coast State;
immigration or sanitary - Launch, land or take on
laws and regulation board any aircraft or any
- Other laws in military device;
conformity with other - Load or unload any
rules of international commodity, currency or
law, relating to the person contrary to the
aforementioned customs, fiscal,
(Art.21 (1), LOSC) immigration or sanitary
laws and regulations;
Shall give due - Conduct any fishing
publication to all such activities;
laws and regulations (Art. - Carry out of search or
21 (3), LOSC survey activities;
- Interfere with any
Shall not impose systems of
requirements having communication or any
practical effect of denying other facilities or
or impairing the right of installations of the
innocent passage; (Art. coastal State;
24, LOSC) - Conduct any activity
not having a direct
Shall not discriminate bearing on passage. (Art.
any State or against ship 19, LOSC)
carrying cargoes to, from
or on behalf of any Stage Submarines and other
(Art. 21 (3), LOSC) under water vehicles
must:
- Navigate on the
surface; and
- Show their flag
passage (Art. 20,
LOSC)
54
MARITIME
POLLUTION- adopt laws Should not violate any
and regulation for: maritime pollution control
- Prevention; regulations
- Reduction; and
Control (Art. 211 (4),
LOSC)
Has the right to permit,

regulate and control
dumping (Art.210 (5) ,
LOSC).
Require foreign ships Nuclear-powered ship
in transit and passage to: and shops carrying nuclear
- Use designates or other inherently
sea lanes; and dangerous or noxious
- Prescribed substances or materials
traffic separation may be required to:
schemes (Art. 22(1) .
LOSC)
- Confine their passage
In designating sea
to designated sea lanes
lanes and traffic
(tankers included)
separation scheme, the ff (Art.22 (22) , LOSC);
must be taken into - Shall carry documents;
account: and
- IMO - Observe special
recommendation; precautionary measures
- Any Channels established for such ship
customarily used for by international
international agreement (Art. 23,
navigation; LOSC).
- Special
characteristics of No charge by reason or
particular ships and passage except for
channels; and specific services rendered
- Density of (Art. 26, LOSC)
traffic. (Art. 22 (3) ,
LOSC)
Shall clearly indicate
such sea lanes and traffic
separation schemes on
55
charts and publish the

same (Art.22 (4) , LOSC)
Must give notice of
known navigational
hazards (Art. 24 (2)
LOSC)
Regulate, authorize
and conduct marine
scientific research (Art.
245, LOSC)
Should not stop or Not subject to the
divert a foreign ship jurisdiction of the coastal
passing in exercising civil state expert:
jurisdiction in relation to a
person on board the ship. - When peace or
tranquility is disturbed
May levy execution - When ship captain or
against or arrest the ship: consul request for
intervention;
For obligations; or - When non-crew
liabilities assumed or member is involved
incurred in the course or (Art.27, LOSC)
for the purpose of its
voyage. (Art.28, LOSC)
Require warship to Flag State shall bear
leave TS immediately for: responsibility for any loss
or damage from the non-
compliance by a warship or
-Not complying with the other government ship
laws and regulations; or operated for non-
commercial purposes.
-Disregarding any (Art. 31, LOSC).
request for compliance
therewith (Art. 30,
LOSC)
Must provide
navigational services such
as lighthouse and rescue
facilities
56
COASTAL STATE FOREIGN SHIPS (Civilian)
C. Contiguous Fiscal Authority (Art. Transit and Innocent

Zone: 33, LOSC) Passage
- Anti-illegal - Not allowed to

25 NM from drugs explore resources
Baseline - Anti-human - Should not
trafficking violate the laws
(TS+12NM) - Taxation pertaining those
mentioned in the
(Art. 33 (2), opposite
LOSC) Custom (Art. 33,
LOSC)
- Anti-Smuggling
Immigration (Art. 33,

LOSC)
Sanitation (Health)
(Art. 33, LOSC)
Marine Environmental
Protection
Punish infringement of
the above laws and
regulations (Art. 33,
LOSC)
Authority over removal

of archaeological and
historical objects from the
seabed in the contiguous
zone (LOSC 82, A .
303(2))
57
Exercises sovereign
D. Continental
rights for exploring and
Shelf
exploiting its natural
(Art. 76, LOSC) resources (Art. 77, LOSC)
The establishment of
offshore installations
Compromis
(artificial islands,
es the sea bed;
structures, and
and
installations) is expressly
permitted (Arts. 60 and 80
Subsoil of
LOSC)
the submarine
areas;
Adopt laws, regulations
and other measure to
Extend
beyond its
- Prevent, reduce and
territorial sea
control pollution;
- A rising from seabed
Throughout
activities from artificial
the natural
islands;
prolongation of
Installations and
its land territory
structures (art, 208,
to the outer
LOSC)
edge of the
continent
Must permit, other
margin, or
states to lay down and
maintain submarine cable
and pipelines subject to
To a measures necessary to
distance of 200 protect right of exploration
nautical miles and other condition (e.g
from baseline pollution prevention)., (Art.
79; CSc, Art. 4 LOSC)
58
- Shall deposit with the

Secretary-General of the
united nations charts
and relevant
information, including
geodetic data,
permanently describing
outer limits of its
continental shelf. (Art.
76 (9), LOSC)
Charts and list of

geographical coordinates
shall be deposited to Sec.
Gen U.N (Art 84, LOSC)
Shall have the

exclusive right over:
- Artificial islands;
- Installations and
structures for economic
purposes;
- Installations and
structures which may
interfere with the
exercise of the rights of
the coastal state in the
zone. (Art. 60 (1)
LOSC)
- Establish
reasonable safety
zones not exceed 500
meters around such
artificial islands,
installations and
structures (Art. 60
(4&5) LOSC)
59
Take appropriate
measures to ensure the
safety both of navigation
and of the artificial islands,
installations and
structures. (Arts. 80 & 60
(4) LOSC
Have exclusive right to

authorize and regulate
drilling (Art. 81, LOSC)
Have right to exploit the

subsoil by means of
tunneling (Art. 85, LOSC)
Has the right to permit,

regulate and control
dumping (Art. 210 (5),
LOSC)
Shall deposit with Sec

Gen U.N relevant info into
describing outer limit Art
76(9)
Sovereign rights for Art 58 in relation

E. Exclusive
the purpose of: to Art 87 Freedom of
Economic Zone
Navigation
(EEZ): 200NM
from baselines
- Exploring and Unhampered
exploiting; navigation guaranteed
- Conserving and
Exploration Freedom of over
managing the natural
of resources flight (aircraft)
60
The specific resources, whether

or sui generis living or non-living Laying of
(Art. 55, LOSC) - Other activities submarine cable and
for the economic pipelines
exploitation and
exploration such as the
production of energy
from the water,
currents and winds
(Art. 56 (1) (a), LOSC)
Jurisdiction with Can be affected by the
regard to: presence of artificial
island and installations
- The establishment and
use of artificial islands, All ship must respect
installations and these safety zones
structures;
- right establish safety Shall comply with
zones (not to exceed generally accepted
500m in breath) around international standards
them regarding navigation in
- the protection and the vicinity of artificial
preservation of the islands, installations
marine environment; structures and safety
(Art. 56 (1) (b), LOSC) zones.
Not allowed to explore

May board, inspect, resources nor conduct
arrest and conduct scientific research unless
judicial proceedings to allowed by coastal state
ensure compliance with
the laws (Art. 73 (1) Must respect safety
LOSC) zones; and
Release arrested Shall comply with

vessels and crews upon generally accepted
the posting of reasonable international standards
bond of other security regarding navigation in
(Art. 73 (2) LOSC) the vicinity of artificial
islands, installations
Notify the Flag State of structures and safety
the action taken and of
61
any penalties zones. (Art. 60 (6)

subsequently imposed in LOSC)
cases of arrest or
detention of foreign - Conduct
vessels (Art.73 (72) fisheries research
LOSC) programmes (under
the authorization and
Shall have exclusive control of the coastal
right over: state), including the
sampling of catches,
- Artificial islands; disposition of samples
- Installations and and reporting of
structures for associated scientific
economic data; (Art. 62 (4f))
purposes;
- Installations and - Transfer of
structures which fisheries technology,
may interfere with including enhancement
the exercise of the of the coastal State’s
rights of the coastal capability of
State in the zone. undertaking fisheries
(Art. 60 (1) LOSC) research; (Art 62 (),
- Establish LOSC)
reasonable safety
zones not to exceed
500 meters around
such artificial
islands,
installations and
structures (Art. 6
4&5) LOSC)
Take
appropriate measures
to ensure the safety
both of navigation and
of the artificial islands,
installations and
structures. (Art. 60 (4)
LOSC)
62
MARINE
SCIENTIFIC
RESEARCH
- Right to
regulates,
authorize, and
conduct scientific
research by other
states
But with hold its consent
to resources oriented
research (Art. 426 (3) (5)
MARINE Subject to the

POLLUTION coastal State’s powers
CONTROL: of pollution control
- Dumpling of
waste; (Arts. 210
(5), 216)
- Other forms of
pollution from
vessels (Arts. 211,
220,234); and
- Pollution from
sea-bed activities.
(Arts. 208, 214)
After consulting
the IMO, shall
designate special
areas and identify
Particularly Sensitive
Sea Areas (PPSA)
(IMO Res A. 720 (17)
Measures to be
taken in designating
special areas and
PPSA:
63
- Designation as
a special area under
MARPOL;
- The adoption of
routing measures
including designation
as an area to be
avoided;
- Compulsory
pilotage;
- The adoption of
a traffic management
system;
- Special
construction
requirements; and
- Speed
restrictions
(IMO Res A. 720 (17), Article

2116, LOSC)
CONSERVATI - Compliance with the

ON OF LIVING conversation measures
RESOURCES: (LOSC and other terms and
ART 62) conditions relating to:
- Determine the - Licensing of

allowance catch; fishermen, fishing
- Ensure that no vessels and
over- exploitation; equipment;
- Design - Payment of fees
measures to production and other forms of
on the maximum remuneration;
sustainable yield; - Adequate
- Maintaining or compensation in the
restoring that their field of financing,
reproduction may not equipment and
seriously threatened. technology relating to
- Exchange the fishing industry;
information through - Determining the
IMO and other states species which may be
caught;
64
concerned on the - Fixing quotas of

following: catch (particular
Available stocks or groups,
scientific stocks or catch per
information; vessel over a period of
Catch and time or to the catch by
fishing statistic; nationals of any State
And during a specified
Other data period);
- Promote - Regulating
optimum utilization; seasons;
- Determine its - Areas of fishing,
capacity to harvest, the types, sizes and
otherwise it shall give amount of gear, and
other States access to the types, sizes and
the surplus of the number of fishing
allowance catch vessels that may be
through an agreement used;
or other allowance - Fixing the age
arrangements; and size of fish and
other species that
Shall give due may be caught;
notice of conversation - Specifying
and management laws information required
and regulations (Art 62 of fishing vessels,
(5), LOSC) including catch and
effort statistics and
vessel position
reports;
- Placing of
observers of trainees
on board by the
coastal State;
- Landing of catch
in the ports of the
coastal State;
- Subject to terms
and conditions
relating to joint
ventures or other
cooperative
arrangement;
65
- Requirements
for the training of
personnel; (Art, 62
(4), LOSC)
STRADDING They are

STOCKS, allowed to fish in case
MIGRATORY of overlapping on
SPECIES, boundary e.g. EEZ
CATADROMOUS when no overlapping
SPECIES (Arts. 63, boundary, they are
64, 67) allowed to fish subject
- Shall to rules and regulations
coordinate, established by the
cooperative and coastal state (Art. 62
ensure the (2)) subject to Art. 62
conversation and (4). LOSC)
development of such
stocks / species
Lay down Freedom of
conditions and laying submarine
establish jurisdiction cables and pipelines
over submarine cables (LOSC Art 58)
and pipelines
66
RULES ON THE USE OF FORCE
TERRITORIAL SEA CONTINENTAL SHELF EXCLUSIVE ECONOMIC ZONE
• Document its presence.

• Determine If presence is within internal waters has
clearance (If none, order subject vessel to leave the
IW immediately)
• Send real-time video footage to SAT link equipment
STATE
of NHPCG, and make appropriate. Report for
diplomatic protest.
• Alert the nearest AFP units
ANNEX 12
FOREIGN
TABULAR SUMMARY OF THE RULES ON THE USE OF FORCE
NON-STATE
67
BIBLIOG A H
A.O. 29, Section 1 of 2012. The maritime areas on the western side of the
Philippine archipelago are hereby named as the West Philippine Sea.
Dolliver Nelson, Maritime Jurisdiction, Oxford Public International Law. Retrieved

04 July 2019 from
https://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-
9780199231690-e1195.
Erik Jaap Molenaar, Coastal State Jurisdiction Over Vessel-Source Pollution (The
Hague: Kluwer Law International, 1998) 186
International Institute of Humanitarian Law, 2009. San Remo Handbook on the

Rules of Engagement,
International Association of the Chiefs of Police, Police Use of Force in America,

2001, Alexandria, Virginia, 2001
Moyn, S. 2016. Restatement (Third) of U.S. Foreign Relations Law, § 401 (a)
Nathan Alexander Sales, Mending Walls: Information Sharing After the USA
PATRIOT Act, 88 TEXAS LAW REVIEW 1795, 1821 (2010)
NATO MC 362 1999. Description of Acquisition Part 1 Bidding Instructions.

Retrieved from http://www.act.nato.int/images/stories/budfin/rfp016046.pdf.
Oya Özçay r 2018, Port State Control, Taylor & Francis, 2018.
PCG Maritime Law Enforcement Manual s.2011, pp. 17-18
Reece Lewis (2019). The Doctrine of Constructive Presence and the Arctic Sunrise
Award (2015): The Emergence of the “Scheme Theory”, Ocean Development
& International Law, DOI: 010.1080/00908320.2019.1617927
Republic Act 9522 2009. AN ACT TO AMEND CERTAIN PROVISIONS OF

REPUBLIC ACT NO. 3046, AS AMENDED BY REPUBLIC ACT NO. 5446,
TO DEFINE THE ARCHIPELAGIC BASELINE OF THE PHILIPPINES AND
FOR OTHER PURPOSES.
R. R. Churchill and A. V. Lowe, The Law of the Sea, 3rd ed. (Manchester: Juris
Publishing, 1999) 61
68
Rule 3 of Convention on the International Regulations for Preventing Collisions at

Sea, 1972 (COLREGs)
Sea Dispute: Sovereignty vs. Sovereign Rights. 28 June 2018. Retrieved 04 July
2019 from https://www.profolus.com/topics/sovereignty-vs-sovereign-rights-
difference/
The South China Sea Arbitration Award of 12 July 2016, para 120-574.
The Marine Environment and Sustainable Development: Law, Policy, and Science
(Honolulu: University of Hawaii Law of the Sea Institute, 1993) 20.
United Nations on Law of the Sea, 1970, Arts. 2-220
69
The PCG Technical Working Group on

Rules on the Use of Force
for Maritime Security and Law Enforcement Operations
Chairman RADM ALLEN T TORIBIO PCG

Deputy Commander, Maritime Security
Command
Vice Chairman RADM RONNIE GIL L GAVAN PCG

Commander, Coast Guard Logistics
Command
Members COMMO ALLAN VICTOR T DELA VEGA PCG

DCS for Operations, CG-3
COMMO ALLAN O CORPUZ PCG

Commander, Coast Guard District Palawan
COMMO CHARLIE Q RANCES PCG

Commander, Coast Guard District North
Western Luzon
COMMO GENITO B BASILIO PCG

DCS for Intelligence, CG-2
CAPT DONETTE D DOLINA PCG

Commander, Coast Guard Legal Service
CAPT RONALD D PANCIPANE PCG

Deputy Commander, Coast Guard Legal Service
Secretariat CDR VINCENT S LACA PCG

Chief, Counter Intelligence Division
CDR BENJAMIN G FORMENTOS JR PCG

Assistant DCS for Intelligence, CG-2
LT ALLAN ENRICO ALANO PCG

Legal Officer, DCS for Maritime Security
Services, CG-14
SW2 MARY ANNE A FERRER PCG

Intelligence Analyst, Coast Guard Intelligence
Force
MS. IRENE E. CARANDANG CE

Chief Intelligence Analyst, DCS for Intelligence,
CG2
70

Rules On The Use of Force For MARSLEN

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DOir

OFFICE OF THE SECRETARY

Dhe 17 JUN 2020 DOTr

It also delineates the limitations and circumstances under

Encounter with Foreign State and Non-State Actors within

Encounter with Foreign State and Non-State Actors within

Encounter with Foreign State and Non-State Actors within

In this connection, the undersigned recommends the approval of the attached

DOT-OSEC OUTGOING 20-001229

Republic of the Philippines

Department order No2 0 2 0F 0 19

WHEREAS, the Philippine Coast Guard shall formulate specific Standard

WHEREAS, the 12 July 2016 promulgation of the Final Award on the

WHEREAS, several attempts to merge the rules of engagement of all state

WHEREAS, this Policy Manual consists of standard operating procedures on

DOT-OSECUTGONG 0-001243 DOT

PROMULGATION OF THE PCG MANUAL ON THE RULES ON THE USE OF FORCE

Department Order No. _________________

SUBJECT: PROMULGATION OF THE PCG MANUAL ON THE RULES ON THE USE OF

WHEREAS, the Philippine Coast Guard shall formulate specific Standard

WHEREAS, the 12 July 2016 promulgation of the Final Award on the

WHEREAS, several attempts to merge the rules of engagement of all state

WHEREAS, this Policy Manual consists of standard operating procedures on

NOW, THEREFORE, in view of the foregoing premises, I, ARTHUR P. TUGADE,

Repealing Clause. All other publications, orders, rules, regulations and

Effectivity. This Order shall take effect immediately.

This Policy Manual is a departure from the traditional military-oriented Rules of

Encounter with Philippine-registered Non-State Actors

Encounter with Foreign State and Non-State Actors within

Encounter with Foreign State and Non-State Actors within

Encounter with Foreign State and Non-State Actors within

RADM ALLEN T TORIBIO PCG

It is also noteworthy to mention CDR VINCENT S LACA PCG, CDR BENJAMIN G

COMMO GENITO B BASILIO PCG

Several attempts to merge the rules of engagement of all state actors

C. SCOPE AND APPLICABILITY

This Policy Manual consists of standard operating procedures on the use

It shall apply to all PCG personnel performing maritime law enforcement

1. Armed Forces of the Philippines (AFP)

E. SUPPORTING STANDARD OPERATING PROCEDURE

A. Constructive Presence – The doctrine of constructive presence allows a

C. Exception to Right of visit – Right of visit which cannot be conducted to

1. any threat or use of force against the sovereignty, territorial

manner in violation of the principles of international law embodied in

2. any exercise or practice with weapons of any kind;

3. any act aimed at collecting information to the prejudice of the

4. any act of propaganda aimed at affecting the defense or security

5. the launching, landing or taking on board of any aircraft;

6. the launching, landing or taking on board of any military device;

7. the loading or unloading of any commodity, currency or person

8. any act of willful and serious pollution contrary to this Convention;

9. any fishing activities;

10. the carrying out of research or survey activities;

11. any act aimed at interfering with any systems of communication

12. any other activity not having a direct bearing on passage. 8

F. Island – a naturally formed area of land, surrounded by water, which is

G. Low-Tide Elevation – a naturally formed area of land which is surrounded