Layug (2020) Philippine Defense Development and Industrialization Analyzing The Political Economy of Defense Self-Reliance

NDCP MNSA RC55 Journal A
NATIONAL DEFENSE COLLEGE OF THE PHILIPPINES
Master in National Security Administration

Regular Class 55 Journal
Philippine Center of Excellence in Defense, Development and Security

(PCEDS)
NDCP MNSA RC55 Journal i

EDITORIAL BOARD
BGEN ARCHIMEDES H VIAJE AFP (Ret) PhD MNSA CESE

President
CAPT ALDRIN C CUÑA PN (Res) MNSA

Executive Vice President
PROF DR JOSE SANTOS R CARANDANG IV MNSA

Vice President for Academic Affairs
MR REJ C TORRECAMPO
Director, PCEDS
EDITORIAL STAFF
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MR MAR JENSEN ARINTO
MS REGINA YVETTE ROMERO
MS MICHAELLA GONZALES
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Defense Research Analysts
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Administrative Officer
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MNSA RC55 Journal

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ii
CONTENTS
1
Preventing Water Conflicts: Developing the Armed
Forces of the Philippines Water Security Strategy
FRANCIS ANTHONY M CORONEL
17
The Implication of United States’ Indo Pacific Strategy
Towards Malaysia’s Strategic Environment
VIGNESWARI VISWANATHAN
31
Theory and Practice: Examining the Implementation of
the Philippine National Crisis Management Policy
RANULFO A SEVILLA
59
Philippine Offshore Gaming Operations: An Economic
Driver or a Security Threat?
SHEILLAH GRACE ESTRERA-VICENTE
83
Philippine Defense Development and Industrialization:
Analyzing The Political Economy Of Defense Self-
Reliance
JAMES A LAYUG
103
The ImPOSSIBLE Dream: Bridging the Gap in the
Access to Justice Mechanism Towards the Realization of
the Transitional Justice and Reconciliation Framework
of the Bangsamoro Autonomous Region of Muslim
Mindanao (BARMM)
MARIA JOSEFINA G. SAN JUAN-TORRES
123
Humps in the Sea: Understanding the Importance
of Sibutu Passage/Strait: Constraints and Challenges in
Securing a Strategic Chokepoint
RODERICK A BALBANERO
NDCP MNSA RC55 Journal iii

BRONZE
Preventing Water Conflicts:

Developing the Armed Forces of the
Philippines Water Security Strategy
FRANCIS ANTHONY M CORONEL

ABSTRACT
Water is a resource essential to human survival, and as such is inextricably linked with
national, regional, and global security. However, despite its irrefutable importance, it is a
resource that is increasingly becoming scarce. On the other hand, the military has an inherent
role to safeguard the people and the state, including those which ensure the welfare of those it
protects. To become a capable responder at a national level, the Armed Forces of the Philippines
(AFP) must assure its capabilities. To this end, a holistic water security strategy for the AFP
has been developed which will assure the security of water resources of the institution as well
as its` surrounding communities.
Keywords: Water Shortage, Water Conflict, Water Security, Water Security Strategy
INTRODUCTION
In 2019, the Philippines was seemingly of the virus, the World Health Organization
on the brink of experiencing a national water (2020) has advised people to maintain their
crisis after experiencing disruptions in water health and ensure their protection from a
supply and services on separate occasions. possible infection through frequent hand-
In Metro Manila, water services were cut washing and sanitation, which require a
off after water service companies admitted steady supply of water. A study by World
that they can no longer support the demand Resources Institute (WRI) projected the
of the population in the area resulting in Philippines to experience a “high degree” of
the disruption of everyday routines and water shortage by 2040, roughly less than 20
services (Rivas, 2019). Similarly, low water years from now (Ranada, 2015). Despite this
production by the Mananga River, Buhisam projection, several cities such as Zamboanga,
Dam, and other water facilities led to a water Iloilo, Cebu, including Metro Manila
shortage in Metro Cebu, which was further are already experiencing recurring water
exacerbated by the political divide between shortages, especially during the dry months.
the Metro Cebu Water District (MCWD) These shortages significantly worsen during
and the local government (Newman, 2019). El Nino years when dry spells or droughts
The availability of accessible, safe, and bring water sources down to critically low
potable supply of water is also increasingly levels, resulting in the disruption of water
becoming a pressing necessity given the services.
increasing occurrence of calamitous events
While in other parts of the world with
and disasters. In 2019 in the region of
the same shortage problem, South Africa,
Mindanao, problems in water supply and
Brazil, and Spain successfully resumed
distribution aggravate the devastation left
water provisioning in the near term.
by the occurrence of several earthquakes
However, long-term water security highly
(Cayon, 2019). Just recently, the outbreak
remains their concern. As populations rise
of the 2019 strain of the Corona Virus
and economies expand, many countries,
from Wuhan, China has plunged the world
the Philippines included, are hard-pressed
into an ensuing pandemic (World Health
to meet an increasing demand for water,
Organization, 2020). To curtail the spread
NDCP MNSA RC55 Journal 2

while clean freshwater supplies become to water, “increasing populations impose
even more scarce. Sadly, freshwater supplies increasing demands of water supplies, often
have become limited due to environmental leading to unsustainable withdrawals and
degradation, agricultural and industrial thus conflict over the increasingly scarce
pollution, over-extraction, and poor resources” (Hanasz, 2013).
governance and management. Drought,
shifting rainfall patterns, extreme weather Persistent water shortages leading to long-
events, and sea-level rise as a result of term water insecurity can have far-reaching
climate change have directly altered water consequences on the country’s economy,
quality and quantity. An update of the World agricultural production, health sector, and
Resources Institute (WRI) 2015 study energy security. In areas and communities
has indicated that 17 out 189 countries where water resources are shared, water
are facing “extremely high” water stress” scarcity could height competition and lead
by 2040 (Schiefer & Hough, 2019). The to disputes of either local or national scale.
World Economic Forum’s 2020 Global Risk A prime example is the Kaliwa Dam project,
Report identified water crises as one of the which remains a contentious issue between
top global risks in terms of impact (Franco, the government that regards it as the solution
2020). for Metro Manila’s worsening water crisis,
and indigenous people and environmental
A few analyses have framed water groups who depend on the Kaliwa watershed
security as an emerging national, if not for its cultural and ecological values.
global, security issue. This is because the Tensions between citizens and authorities
water in many parts of the world is a shared over water issues may initially manifest
resource, and “water stress increases the themselves in the form of civil disobedience.
likelihood of disputes over water, as people They may, however, also escalate into acts
and countries compete for scarce resources” of sabotage and violent protest if adequate
(Iceland & Otto, 2017). With limited water political participation is not possible.
supplies, upstream nations are driven to
“reserve water for themselves to satisfy their The Armed Forces of the Philippines
increasing needs, even at the expense of (AFP), being the protector of the people,
downstream partners.” WRI also highlights plays a crucial role in preserving peace and
water security as an important element for harmony, by defending the country against
“state stability and safety in many regions.” any form of threats, whether of civilian or
This is largely due to the direct and indirect military nature needs to have the capacity to
effects of water stress such as migration, anticipate, prepare for, and prevent conflicts
food shortages, and general destabilization arising from a lack of water security within
– issues that are transboundary in nature. and outside its organization. This article
Therefore, water stress would cause the examined more deeply how water insecurity
possibility of a water conflict. The literature affects the AFP’s immediate and external
on conflict and natural resources can be environment, identified current programs
traced back to Malthus, “who argued that of the AFP and assessed how it promoted
conflict over natural resources would arise water security and contributed to preventing
as a consequence of population growth and conflicts, and recommended water security
environmental degradation.” In regards strategies that may be undertaken by the AFP
to prevent conflicts over water.
3 Preventing Water Conflicts: Developing the Armed Forces of the Philippines Water Security Strategy
Lack of Water Security resources of the Philippines is currently a
cause of concern considering how population
Water scarcity is the condition that occurs growth, change in climate, depletion of
when the currently available water supply is groundwater, pollution, the vulnerability of
unable to meet the collective demand. It is forests, and institutional overlaps (Alikpala
mainly characterized by the unavailability & Ilagan, 2018).
of physical water to fulfill the current need
thereof, capacity to provide water services, In 2015, the UN developed seventeen
and the state of the infrastructure in relation (17) goals which will serve as the design
to the storage and distribution of water. As upon which a call-to-action can be made
populations rise and saturate urban areas, the to ensure the attainment of a more peaceful
demand for potable water also surges which and prosperous world. Included in these
the current supply is unable to adequately goals is the “availability and sustainable
satisfy. As such, the water supply is severely management of water and sanitation for
overtaxed in order to meet the demand, while all” (United Nations, 2015). While not a
the current water system remains unchanged direct result of the Sustainable Development
with little investments made towards Goal (SDG), the National Security Policy
technologies and infrastructure that can help (NSP) constructed under the instruction of
address the problems which the boom in the President Rodrigo Roa Duterte, aims for
demand presents. This problem is further a similar path of advancement and takes
exacerbated by the ongoing challenge that note of the aforementioned goals in its
Climate Change poses. The rise in global determination. The NSP lays out the twelve-
temperatures paints a picture with two point security agenda, which includes Food
extremes: little to no rainfall causing severe and Water Security. While Water Security
droughts, and torrential rains which cause is not expressly discussed or delved into
intense and perilous flooding. When left beyond this portion, the concepts and ideas
unprepared to face all of these scenarios, it discussed in the NSP all contribute towards
will result in massive and significant losses the attainment of this goal (National Security
in terms of resources, properties, and life Council, 2017). In line with the management
(US Geological Survey, 2010). and protection of water resources, the
AFP has included in its National Military
In the Philippines, the current Objectives assistance in a period of calamity
consumption of water is divided among the through assisting in the restoration of basic
following sectors: hydropower, irrigation services such as access to clean water
and agriculture, industrial, municipal, and (Armed Forces of the Philippines, 2019).
others. Of these, a large percentage of the While it is not directly connected with the
allocation goes to hydropower, while the efforts towards water resource management,
biggest percentage of consumption goes to this effort of the military is nonetheless
agriculture. Not included in this estimation contributory to it, considering that assurance
is unauthorized water use which may or of accessible potable water is part of water
may not have bearing on the overall water security.
consumption patterns in the country,
however, it is difficult to accurately tell Impacts: Water Conflict
considering the non-availability of data on
this particular sector. The state of the water Conflicts over a limited supply of
resources are not unique to water, but it is

something that sounds ludicrous on the on- In fact, according to another article in The
set. Water is a life-giving force; it is used Guardian called “Water Wars: early warning
to nourish, clean, and sustain and therefore tool uses climate data to predict conflict
should be readily accessible and available. hotspots,” the Dutch government has funded
However, this kind of naïve perception a global early-warning tool called Water,
obscures the reality that conflicts involving Peace and Security (WP & S) that will help
water have existed throughout time, and in the prediction of possible water-related
have been rising in the past decade. This conflicts. This tool considers environmental
is better illustrated in the Pacific Institute data, alongside socio-economic variables
initiated a project called the Water Conflict in order to make its prediction and claims
Chronology which compiles all conflicts an 86% success rate in identifying conflict
that can be linked to water resources, water zones. This kind of data-driven, forecast of
systems, and international security. However, possible water-related issues is helpful in dry
not all conflicts that can be attributed to places where there is extreme heat and/or
water are included; parameters have been drought which is suffering from an uneven
limited to incidents where there is violence water distribution due to poverty and lack of
or threat of violence and does not include infrastructure (Dehgahn, 2020).
events with incidental hostile impacts such
as displacement of communities due to dam Still, others are not too quick to take a
construction or extreme events like drought similar perspective and assure that water
or flooding. The list is comprehensive with conflict is rarely the cause for violence over
926 entries, and the timeline ranging from water. In the article Water Rights and Water
3000 BC to the present (Gleick, 2008). The Fights: Preventing and Resolving Conflicts
types of conflict observed are classified as Before the Boil Over, doctors Barry S. Levy,
either trigger, where water is the root cause of MD and Victor W. Sidel, MD (2010) have
conflict; weapon, where water is used as a tool pointed out that, “Although few conflicts over
in violent conflict; and casualty, where water water have become violent, most have arisen
is a target of violence. This is also observed in areas in which violence is widespread, and
by Peter Gleick in his article Water, Conflict, most of these conflicts could have become
and Peace, which states that “Violence violent.” Hence, the article makes the case
over water through history takes three that it may be difficult to firmly establish a
forms: water as a trigger of violence, water clear correlation between water scarcity and
resources and water systems as weapons of violence, and considers that there could be
conflict, and water infrastructure as targets other reasons which are contributory to the
or casualties of conflicts”. A recent article tense atmosphere of regions where there
published in The Guardian entitled Water- are steady examples of armed conflict and
related Violence rises globally in the past coincidental occurrence of extreme water
decade adds further substantiation to the shortages.
overwhelming empirical evidence that has
While both perspectives have made
already been provided, by reporting how
compelling points and offered solid pieces
water-related violence has been on the rise in
of evidence that are difficult to ignore, they
the Middle Eastern Region and in the country
are both true in stating that the lack of a
of India due to extreme weather conditions
basic necessity such as water aggravates an
and diminishing water supplies (Safi, 2019).
already difficult situation and that the past
decade has been fraught with examples of improper use of and mismanagement of
these. The Water Global Practice report water infrastructures and systems has been
entitled Turbulent Waters: Pursuing Water pointed out to aggravate the fragile state of
Security in Fragile Contexts pays attention freshwater resources, it is only fitting that
to the said observation made, by delving into proper management on the level of Sub-units
the relationship between water scarcity and such as Barangays (with the civilian) and
fragility. In line with this, Sadoff, Borgomeo, Subordinate Units (with the case of AFP) is
& de Waal (2017) point out that “Fragile encouraged and most importantly, assured.
contexts have a heightened sense of conflict,
violence, protracted by political crises, and On the other hand, other approaches
chronic underdevelopment – combined with deal with the issue on practical and deeper
insufficient capacity by the state, system, levels and necessitate the involvement
and/or communities to manage, absorb, of bigger unit actors such as provinces,
and mitigate these risks.” This is best municipalities (at the external level), and
characterized by unequal access especially AFP major units (at the internal level).
to basic services, low employment, social One approach requires the insurance of
exclusion, and migration. proper funding for the advancement of
infrastructures, systems, and technologies
Approaches toward Water Security in connection with water production and
supply. By directing investment towards
One approach that is often suggested these, water is more effectively managed
when it comes to problems of water and its wastage can be more assured. Proper
shortage and management is focused on the infrastructure for the storage and distribution
individual effort of conserving water and of water can also ensure that the quality of
being more circumspect in the utilization of water being supplied is up-to-standard and
water resources in order to avoid wastage is readily available which is especially
and subsequently ease the demand for beneficial to poor communities with regards
freshwater on a micro-level. The simple to the improvement of their quality of life.
act of minding the amount of water being Alternative sources for water can also be
utilized in a single activity as well as explored by Units through technological
something unassuming as switching off the advancement and investment. An executive
tap when not in use, go a long way in forming summary made by the United Nations
a particular discipline and attitude towards World Water Assessment Programme
the consumption and utilization of water on Wastewater (2017) presents that water
resources. However, it is also acknowledged produced by human activities – what is
that water management and water shortage considered as wastewater – is an available,
is a complex issue that requires more than yet untapped resource that could supplement
just mere fastidiousness. While individual water supply and alleviate the pressures in
efforts can certainly encourage others to water production.
follow suit and create a domino-like effect
in households, municipalities, businesses, Meanwhile, another approach to water
firms, and institutions, which in total can scarcity can also be multi-disciplinary in
fairly contribute towards the preservation nature and relies upon the engagement of
of water resources, it is still necessary to various sectors of society in order to provide
undertake other measures. Considering that a clear direction as to how water sources can

be best managed and equitably distributed. framework conceptualized by James
This approach seems to be most suitable, Anderson, David Brady, and Charles Bullock
considering how multi-dimensional of an in their book Public Policy and Politics in
issue water scarcity is. But one approach is America. (1978), which identified six (6)
more strategic and calls for an increasing stages for the policy process: 1) problem
level of contextualization – the alignment identification, 2) agenda setting, 3) policy
of policies, frameworks, strategies, and formulation, 4) policy implementation and 6)
guidelines through the practice of good policy evaluation. However, considering that
governance (WaterAid, 2012). This ensures the intention of the analysis is to achieve a
that measures to be undertaken concerning particular goal in line with water security, the
water scarcity and towards water security framework was modified to show the linear
is guided and rooted to the prevailing status causality among the problem and goals. In
quo; and thus, is able to virtually attend to doing so, the impacts are highlighted while
other matters surrounding and compounding allowing for the strategies to be defined
water scarcity. and developed accordingly, ensuring its
responsiveness.
Conceptual Framework
The first component of the framework
The conceptual framework created provided the water security context in which
to frame the analysis for this paper is a the AFP finds itself. It examined the situation
linear approach where one component of based on the kind of water supply present,
the framework affects and influences the what presently threatens the said water
condition of another component until the supply, and the kind of attitude that members
desired end-state is achieved. The framework from the AFP institution and its communities
was adopted from the policy formulation have adopted towards the water in general.
Figure 1. Conceptual Framework for the Armed Forces of the Philippines Water Security Strategy
The second component of the framework responsive strategies to each of the contexts
focused on the factors that bring about that are impacted by water conflict as shown
conflict due to a lack of water security in the in the second level of the framework. In
AFP and external communities surrounding the political context, strategies to prevent
AFP bases and installations which are the upsurge of civil unrest and government
considered possible water conflict hotspots. hostility could be the engagement of water
It broke down the context into dimensional stakeholders in participatory governance
aspects spanning political, economic, socio- through water security development support.
cultural, techno-scientific, environmental, For the economic and technology context,
and military, and then looked at how each of competition can be helped by forming
these is affected by the problem presented. In partnerships for water resource management
the Political context, an effect of the lack of and protection and investment towards water
water security could be government distrust security development. Social inequality
and civil unrest. In the Economic and brought about by uneven distribution and in
Environment context, competition because a water insecure context can be alleviated
of lack of water resources and uneven through advocacy programs for water
distribution is a glaring effect to include security and emergency response plans.
fighting over the source of water. In a Social For the Techno-Scientific context, the water
context, lack of water security brings about demand of the AFP must be reduced and its
social inequality with frequent local disputes. water infrastructures must be maintained.
Poor water resource infrastructures and low- Meanwhile, the preservation of water
level technology can bring about conflict. resources works for the environmental
Likewise, it can also impact the health of context. For the military context, an increase
the personnel. And finally, in the Military of self-sufficiency through the preservation
context, water scarcity affects the mission of resources and maintenance of facilities
capability and operations of the armed forces. can allow for mission capability. The last
The component examined the collected data part of the framework outlines what can be
based on the presence of the aforementioned achieved after strategies are brought about
examples of water conflicts as well as the and realized. These goals can be the end-state
causes and effects of water conflict in the after the problem has been processed which
AFP and in the external communities. can be used to check the current state versus
Meanwhile, the third component of the the context that the problem had developed
framework allowed for the examination of in. The first goal that the study hoped to
intervening programs and practices which achieve through the implementation of the
are currently being employed by the AFP to aforementioned strategies was to be able
avoid the rehashing of available and already to help its supported external communities
implemented strategies. It examined the achieve water security. Through this, the
presence of these programs and practices second goal of improved peace and stability
and likewise evaluated their sufficiency. can likewise be achieved. Lastly, these are
The fourth component of the framework is all encapsulated by the third goal which is to
more analytical in nature and scrutinized finally achieve a more water-secure AFP that
the effects brought about by the first and is able to promote and uphold the principles
second components in order to come up with and tenets of water security.

DATA AND METHODS relevant information on the organization’s
water security program and approaches,
The study used a systematic review as well as possible recommendations in
research design considering that systematic enhancing water strategies. Likewise,
approaches were used in order to critically selected subordinate commanders, senior
assess previous research and studies made AFP officers, and MNSA RC55 students were
on the subject, as well as synthesized the also interviewed in order to evaluate how
gathered qualitative data. This design was current and future water security programs
utilized primarily because the analytical can augment and improve current operations
approach is two-fold: previous data is and to complement the information that was
collated and analyzed, while secondary data gathered from the review of the document
that is more subjective and conditional is so as to add to the credibility of the study.
also collected and assessed in order to arrive Perspectives, feelings, and opinions of Local
at an astute recommendation (University of Government officials like Governor, Mayor
Southern California, 2020). and Barangay Captains including residents
Sampling and Instruments of the local communities surrounding AFP
camps and bases were also collected through
In carrying out this study in this discussions, in order to better understand
design, document analysis on significant their priorities and concerns regarding water
sources related to water security and water consumption, shortage, as well as current
scarcity such as books, articles, periodicals, and future policies. Representatives from the
journals, publications, documents, policies, different firms (MWSS, NWRB) in charge
and similar studies were used. The of the distribution of water in the country
information from these document analyses as well as subject matter experts such as
was complemented and verified through water specialists, scientists, professors, and
the conduct of Key Informant Interviews climate change adaptation advocates were
(KII) of subject matter experts (SME) and, also interviewed in order to help grasp what
Focus Group Discussions (FGD) of relevant exacerbates the water security problem in the
stakeholders for the AFP and its supported Philippines. Their expertise was utilized to
communities including other experts on the corroborate data that has been extrapolated
water resources of the Philippines. Purposive from different media and sources.
sampling was used in order to capture ideas
on water security. Relevant data and statistics were noted,
which were determined and verified during
Description of Respondents and Data the conduct of the KIIs and FGDs. As already
Gathering established, the data gathered from the
Documents Analysis was verified through
Given the time and resources that will be
the conduct of interviews. The interviewees
available to gather information, the research
shall comprise of AFP senior officers, SMEs,
was primarily conducted at the selected
Scientists, Engineers, and other experts on
offices of the Armed Forces of the Philippines
the water resources of the Philippines were
to include its major services (Philippine
interviewed with the questions formed from
Army, Philippine Navy, Philippine Air
the analysis of previously gathered data in
Force) and selected subordinate units. There
order to appraise the current information and
were interviews made with the service
help situate the Philippines in line with the
commanders or their representatives to obtain
subject of the study. Meanwhile, interviews AFP, what programs and practices are being
with policymakers helped assess the current employed to promote water security, how
strategies being employed and considered these contribute to the prevention of water
towards the water resources of the conflicts, and what water security strategies
Philippines vis-à-vis the situation at present. can be implemented by the AFP in order to
On the other hand, FGDs were conducted prevent water conflicts.
among notable and relevant personnel of
the AFP in order to garner their opinions A Lack of Water Security for the AFP
and thoughts towards the AFP’s water The information collected, reviewed,
security and its water resources. Likewise, and analyzed points to a context wherein
interviews were conducted for stakeholders there is a clear lack of Water Security. From
in the communities being supported by AFP the interviews conducted, responses will fall
in order to assess their feelings towards the under themes such as Water Supply, Threats
situation and the institution in question. to Water Supply, and Attitudes Towards
Data Interpretation and Analysis Water concretely illustrate this context and
provide more insight into the actual water
The qualitative data gathered through situation in and around the AFP. While the
the aforementioned methodologies were majority of the respondents from the external
assessed, analyzed, and interpreted through communities vouch for the sufficiency
thematic and comparative analysis. Both of water supply for their daily needs, the
methods of qualitative analysis helped same could not be said for the respondents
examine, break down, and sort data which from the AFP which revealed how water
allowed for the interrelation and interpretation supply within camps is not potable and
among them. Though the thematic method have to be sustained through supplies from
of analysis, ideas, and thoughts about and/ outside water concessionaires. Moreover,
or relating to water scarcity, water conflict, information gleaned from existing literature
and water security that came out of the on Philippine water reveals that while water
Document Analysis, KIIs and the FGDs were resources across the Philippines are plentiful,
combed through and framed into themes. these are challenged by obstacles in access
From there on, a comparative analysis was and distribution. To add to this, complications
used in order to compare and contrast the brought about by the rapidly changing
said themes with each other, in order to climate, increasing populations, inadequate
synthesize and eliminate data into a more water infrastructures, poor governance
cohesive and concise form. This then served over water, and an agriculturally-centered
as the building blocks for the development economy and culture compound the problem
of effective strategies responsive to the further. As such, the water resources of the
problem originally confronted by this study Philippines have become water-stressed,
(Maguire & Delahunt, 2017). with current projections showing how the
Philippines will experience a high level of
Research Analysis water shortage by the year 2040. However,
Throughout the course of the study’s while predictions provide a sufficient amount
inquiry, it has sought to answer four questions: of time before the effects of water insecurity
how a lack of water security affects the became prevalent, the responses gathered to
immediate and external environment of the show how these are already being felt today.

Respondents from external communities which can potentially be revisited for future
which have responded positively towards development towards the achievement of
the adequacy of their water supply also water security for the AFP.
recount instances of encountering problems
with water such as interruption in services Effectivity of Existing Programs and
Practices in Preventing Conflicts over
and poor water quality. As such, most
Water
respondents have understandably imparted
that they believe that a water crisis in the As previously discussed, current
Philippines is a likely possibility. programs and practices are insufficient to
aid in the achievement of water security
Current Programs and Practices that
Promote Water Security of the AFP. Enforcement of conservation
measures about water resources may help in
Given the current context of the country’s the achievement of a more disciplined and
water resources, recent events, and the circumspect consumption of water, but it is
prevalent attitudes towards Water Security as only a stop-gap solution that does not ensure
determined through the responses gathered long-term security and sustainability. In
and literature perused, it is necessary to look this regard, if the current context continues
into existing programs and projects of the unabated and unaddressed, information
AFP as well as the external communities on gathered from the study has pointed towards
water resources and management to properly a likely scenario that is rife with competition
assess the water security of the AFP or the and conflict. From the responses gathered,
lack thereof. From the responses gathered, several respondents believe that water conflict
both the external communities and the AFP is likely; however, respondents who have
employ conservation practices to preserve clear expertise in the matter have clarified
their resources. These are complemented that conflict is already occurring. Among
with occasional environmental activities such the conflicts highlighted are the struggles of
as tree planting, recycling, sanitation, and the indigenous community living in the area
cloud seeding operations. However, while where the Kaliwa Dam (which purportedly
conservation and environmental activities is supposed to alleviate the water demand of
are encouraged, they are not necessarily Metro Manila) is to be built and the plight of
mandated. Moreover, the responses also the farmers who have very little water supply
show that these activities are not necessarily that can be used for irrigation. The presence
responsive to water insecurity and do very of these conflicts impacts the external
little to assure its achievement. Nonetheless, environment and the internal capability
responses gathered have revealed that efforts of the AFP. The responses show how
have been recently made to consider the insufficient water supply, mismanagement
water security of AFP camps and bases. of water sources, difficulties in water access
This is evidenced by how the funds in and distribution, as well perceived threats to
the forthcoming budget of the AFP have well-being and survival lead to social unrest,
been allocated towards the procurement of discontentment, and competition. If these are
materials and technologies which assure the not responded to urgently and effectively it
availability and potability of water supplies. could result in a chaotic atmosphere wherein
Meanwhile, proposals for sustainable lawless elements could take over precious
sources have also been made in the past commodities as a means of destabilization.
Moreover, current difficulties over water involves a holistic approach which involves
could be aggravated further by how interests considerations touching the dimensional
in other pertinent national security issues aspects of Political, Economic, Socio-
challenge the urgency of water issues. Cultural, Techno-Scientific, Environmental,
and Military. On a political level, the AFP
Contribution on Preventing Water must be able to act as a mediator and a
Conflict
collaborator. Economically, it must be able
Given the situation of the water security to assure sustainable consumption for and
of the AFP which is grounded in a water outside of the institution. Meanwhile, in line
insecure context, with few intervening with being a mediator, the AFP must also
programs to address the mounting problems, become a water security advocate that is also
and further complicated by conflicts on concerned for the socio-cultural significance
the horizon, it is necessary to put a clear of water. On a Techno-Scientific aspect,
and actionable strategy in place. While a the AFP must reduce its water footprint and
number of responses believe that a solution assure the quality of its water resources and
to the impending water crisis is beyond systems. Environmentally, the AFP must
the AFP’s capabilities and mandate, there become more actively involved especially
are nonetheless applicable measures that when it comes to Climate Change adaptation
can be adapted by the AFP in the interest and mitigation. And lastly, on a military
of its own water security. However, a aspect, the AFP must be prepared to respond
likely effective water security strategy and avert disasters and crises.
CONCLUSION
Water Security is clearly a complex topic the future of the organization and those that
that is mired with so many issues which have rely upon it. In line with this, the information
far-reaching consequences. However, given gathered from various resources as well as
that there are many other national concerns the responses gathered clearly reflect a water
that require immediate attention, these issues security context that is already insecure and
relating to water are unfortunately often is increasingly in danger of becoming fragile.
overlooked and disregarded. Nonetheless, Hence, if these mounting concerns are
the implications that the current state of allowed to continue without being properly
water resources that the country has to addressed, the problems will only escalate
overall National Security are unmistakable. and coalesce into a chaotic quagmire full of
Moreover, the military is in a prime position interlinked security problems.
to prepare for all contingencies and respond
to national threats given its mandate and As reflected from the responses
role as protector of people and the state. gathered, the lack of mitigating action taken
Hence, it is with this consideration in mind towards the development of a water insecure
that this study aimed to bring focus to Water context within and outside the AFP has led to
Security especially in the context of the AFP, emerging concerns that will impact the AFP
with an end-in-view of coming up with an and possibly lead to conflict. Considering
implementable strategy that could impact how water is such a vital resource, the

responses have shown that a lack of it will achieving water security, the AFP can
be perceived as a threat to survivability. improve its capabilities and therefore can
Moreover, as water is necessary for many become a more effective institution for
other systems, processes, and operations, national security. Thus, it can begin to
competition would undoubtedly become move beyond its own confines and provide
aggressive. This will lead to a mistrust of assistance to the people and subsequently the
institutions that are mandated to provide state, expanding on how it can best serve and
and protect such as the Government, and protect the two while contributing to overall
by extension, the AFP. Additionally, by nation-building and progress.
RECOMMENDATIONS
In line with the conclusions of this study, On an economic level, the AFP can form
the recommended Water Security strategy partnerships for water resource management
that can be adapted by the AFP is one that and protection. It can help secure water
is aggregated, comprehensive, and holistic. resources which can be used for irrigation.
This is because water security is a problem It can likewise secure dams and waterways
that goes beyond mere logistical concerns including waterways and stations. Through
and involves several inter-connected facets the protection of these resources, a
which are important in the assurance competition that can lead to conflicts can be
of human progress and development. effectively assuaged. Furthermore, securing
Therefore, the approaches determined these resources will allow for the industries
touch on all aspects of human security such and businesses which are dependent on
as the political, economic, socio-cultural, these to flourish which will help empower
technological, environmental, and military economic growth.
aspects.
In line with the political aspect which
On the aspect of the political, the AFP encourages the AFP to be a more proactive
needs to take on a proactive development advocate of the environment, the institution
support mission through undertaking a can serve as a mediator for communities
consensus-building and mediation role. It who are susceptible to conflict. It can also
must form a water security development utilize its units to carry out information and
support system where it collaborates with advocacy drives that highlight the importance
stakeholders from private institutions and of water security. This may be shared with
the government which are concerned with military personnel as well as the residents
the management of water resources. Through within and outside of its camps and bases.
this collaboration, the AFP can assure that it For Indigenous People who are vulnerable
will enact initiatives that are aligned with to violent struggle and may be disposed to
national policies and interests. Moreover, manipulation by disingenuous groups, the
the AFP can lend its resources and expertise AFP can live up to its mandate by protecting
to these agencies and institutions in the their community and way of life.
pursuit of sustainable initiatives and the
safeguarding of the environment. To secure its own water resources, the
AFP can reduce its water footprint by actively awareness. Furthermore, it must continue its
managing its water systems. It must also cloud seeding operations and tree-planting
look into its sewage and disposal systems as initiatives inside its own bases as well as in the
these can potentially be sources of wastage surrounding communities.
and water contamination. It can also invest
in infrastructures and technologies which Contingency and strategic planning are
help conserve water supply such as water crucial to the military aspect. In this regard,
treatment for wastewater so that it can be the AFP can bolster its disaster response
re-used, catch basins for rainwater which capabilities by including provisions for water
can be stored and used as water supply, and and other basic necessities which may be
desalination plants which can provide fresh utilized and dispensed during times of disasters
and clean water supply. The AFP should and crises not only to its units but to its partner
increase self-sufficiency by utilizing existing communities as well. Additionally, the AFP can
technologies such as water treatments to also invest in the development or acquisition
assure sustainable consumption. Moreover, of a program/system which acts as an early-
the AFP should assure the quality of its water warning tool by identifying water vulnerable
supply by conducting periodic water quality areas in the surrounding communities. By
tests in partnership with a regional office of doing so, the AFP can accurately address and
the DOH or a local city or municipal health respond to these areas thereby effectively
office. avoiding the possibility of further issues or
conflict.
In line with approaches already
previously mentioned, the AFP can also Considering the many intricacies
become more actively involved on an surrounding the issue of Water Security, the
environmental level by presenting itself as researcher recommends the following for
available manpower which can be utilized to further study: a study on the technologies
protect and preserve watershed, river basins, involved with water conservation and
rainforests/mangroves, and dams from providing water supply that can be utilized by
informal settlers by physically securing areas the AFP and its communities; a concept paper
which are crucial to the existence of a well- on the water security advocacy which the AFP
balanced and healthy ecological system. can undertake; and a policy brief on the internal
The AFP can likewise do this by joining measures which the AFP can institutionalize
in on information campaigns about proper to conserve its resources to include basic
conservation measures and climate change commodities such as food and water.
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BRONZE
The Implication of United States’

Indo Pacific Strategy Towards
Malaysia’s Strategic Environment
VIGNESWARI VISWANATHAN
ABSTRACT
The Indo Pacific Strategy (IPS) was reignited in 2017 when President Trump announced it
at Danang, Vietnam, during the Asia Pacific Economic Cooperation (APEC). It has become
vital for the United States (US) primarily due to its strategic value as an economic domain that
connects the littorals of the two oceans. Soon after the unveiling, the Quadrilateral Cooperation
or Quad was also revived between the US, Japan, India, and Australia. At this juncture, it
cannot be denied that its primary aim is to prevent China’s hegemony in the Indo-Pacific
region. This strategy has put the Southeast Asian nations and the South China Sea dispute
in the spotlight. Thus far. Malaysia's response towards IPS has been lukewarm, Malaysia
neither welcome nor rejected it. Malaysia's response simply questions the implication of IPS
to its strategic environment. Questions like is Malaysia benefiting from the IPS or stands to
lose out from the IPS remain unanswered. Therefore, this study was conducted to find out the
implication of the IPS on Malaysia’s Strategic Environment. Although this study is focused
on Malaysia, the research may benefit other SCS claimant countries in Southeast Asia as the
mechanism of IPS implementation are similar.
Keywords: Indo Pacific Strategy, Quadrilateral Cooperation, Quad, Defense Cooperation
INTRODUCTION
After an absence of almost 11 years, the US, Japan, Australia, and India. The Quad
Indo-Pacific Strategy (IPS) returned in 2017 was also revived soon after the unveiling
when President Trump unveiled it during of IPS. Although fundamentally, the US’s
the Asia Pacific Economic Cooperation IPS appears to be driven by economic need,
(APEC) summit in Da Nang, Vietnam. The it cannot be denied that it is also to contain
Indo-Pacific geographical expanse is said to China's rise and dominance. For Malaysia, the
range from the coast of East Africa across response to the strategy has been lukewarm.
the Indian Ocean to the Western Pacific. Malaysia neither rejected nor welcome it.
This new rebalancing agenda of the United Malaysia's silence over the strategy raises
States (US) is widely seen as a reprisal, from the question of what the implications of the
President Obama's pivot to Asia. To further strategy to Malaysia are. It questions whether
strengthen the strategy, the US introduced Malaysia is reaping benefits or instead losing
the Indo Pacific Strategy Report (IPSR) in out from this strategy.
June 2019. The IPSR showed a focused and
coherent strategy with an implementation Background of Indo-Pacific Strategy
mechanism. Still, considering its
The Indo-pacific concept recasts the
geographical expanse, the materialization
mental map of some of the most strategically
of the IPS cannot be done unilaterally by
valuable parts of the globe. It recognizes
the US and can only be materialized by a
that the accelerating economic and security
series of cohesive multilateral approaches.
connections between the Western Pacific and
Thus, explaining the role and tasks of the
the Indian Ocean by creating a single strategic
Quadrilateral Security Dialogue or otherwise
system. The Free and Open Indo-Pacific
known as Quad Nations comprising of the

(FOIP) is an extension of the Asia-Pacific in Singapore, the then Acting Secretary of
security concept to the Indian Ocean region, Defense Patrick Shanahan echoed the IPSR
which includes US values and principles. document stressing that the US is committed
Following the revealing of FOIP, the US to the Indo-Pacific Strategy and highlighted
announced that it would allocate a total of the United States concerns over China's
USD 113 million to fund new initiatives troubling activities in the region. The IPSR
in this region, which includes investments and Shanahan address demonstrates that
in the digital economy, infrastructure, and the IPS, although propagates an economic
energy (Pitakdumrongkit, 2019). In 2019 interest it cannot be denied that is driven
the US further pledged USD 300 million by China's rise as a threat to the existing
in funding for security cooperation in the Western-dominated international order.
Indo-Pacific region (Hermesauto, 2018). However, the regional acceptance of all
In June 2018, to reaffirms this strategy, the states and successful implementation of
Department of Defense (DoD), published this US agenda will determine its success to
the IPSR. This document touches on the the geopolitical order of the region. It is the
FOIP by highlighting four core principles: fundamental reason for the US to engage its
respect for sovereignty and independence, allies, notably the Quad Nation, to push the
peaceful resolution of disputes, free, fair, Indo-Pacific agenda on its behalf because
and reciprocal trade, and adherence to a collaborative effort might bring in more
international rules and norms (DoD, 2019). results.
Additionally, the IPSR also layout The Revival of Quad Security Dialogue
three lines of effort that are preparedness,
partnership, and promoting a networked The Quad was revived following the
region demonstrating the need for robust announcement of the IPS after a hiatus
collaboration with its allies and the ASEAN for almost ten years. Emphasizing on
states. At the 2019 Shangri-La Dialogue held principles of FOIP, Quad is based on a
Figure 1. Old Alliance and New Alliances Networked System (Nagao, 2015)
19 The Implication of United States’ Indo Pacific Strategy Towards Malaysia’s Strategic Environment
complex network of bilateral and trilateral Strategic Opportunities and Analysis
partnerships between the nations and other
Defense Cooperation with the US
states. Its networked system differs from
the traditional ‘Hub and Spoke’ to a new On Defense Cooperation between
multiconnected networked system as shown Malaysia and the US, Bilateral Training and
in Figure 1. This new alliance system offers Consultation Group Agreement (BITACG),
a narrative for an emerging regional order was established in 1984. BITACG is the
incorporating other nations through various ambit for training, courses and exercise,
cooperation initiatives. The first meeting and other initiatives between both countries.
between the existing Quad members was Additionally, the US introduced the
held in the side-lines of the East Asia Summit Maritime Security Initiatives (MSI). The
(EAS) in Manila in 2017 (Hanada, 2019). MSI, with massive funding, has delivered
Subsequently, the members have had two some critical assets to the MAF. In 2019,
meetings in 2018 and 2019, respectively. the MAF received a networked intelligence
The latest meeting was in Bangkok on 4 Nov system, and in 2019 it was reported that the
2019 for consultation talks on a collective Royal Malaysian Navy received a total of
effort for the advancement of FOIP. 12 Scan Eagle Unmanned Aerial Vehicle
(UAV). These assets are primarily to increase
Both Australia and India have been
Maritime Domain Awareness (MDA) in the
progressing slowly and cautiously. Australia
SCS within Malaysian territorial waters
has been engaging other Southeast Asian
and EEZ. Additionally, according to
countries to garner their support for IPS.
David Henley, Acting Assistant Secretary
Australia has also explicitly identified the
for Defense, Indo Pacific Security Affairs,
IPS as its maritime outlook strategy in its
during a Webinar by Asia Pacific Centre
2017 Defense White Paper while promoting
for Strategic Studies (APCSS)-MIDAS
the FOIP concepts. Taking the same agenda
titled ‘The Increasing Value of a Free and
in its outlook, India, Prime Minister
Open Indo Pacific’, for FY2021, the US
Narendra Modi, has put the Indo Pacific in
Department of Defense have allocated USD
line with his Act East policy. Meanwhile,
100 million for the IPS countries within the
Japan, whom many believe propagated the
Indo Pacific Region. These countries stand
FOIP concept since 2012 has now adopted
to receive assets to increase MDA and to
it as its foreign policy. One look at Japan's
develop a deeper partnership with the US.
foreign ministry website, one can see an
extensive explanation of Japan’s agenda Moving onto bilateral exercises, it
and diplomatic bluebook on achieving too saw improvements. In 2017, Malaysia
FOIP in this region. Therefore, it is clear – US Exercise Bersama Warrior was
that all the Quad Nations are already enhanced with the Washington National
playing their part in materializing the IPS, Guard's entrance. There were also attempts
some progressively and some cautiously. to incorporate the National Washington
As this is still the early years of their Guard into other platforms such as the
revitalization, their successes remain early existing intelligence networked system for
to be evaluated however there are already information sharing. Additionally, other
a few mechanisms in place which can be defense cooperation such as courses, port
used as a yardstick. calls, high-level visits, all saw a significant
increase in the last three years.

To summarize, the IPS by the US Furthermore, in 2019, the Malaysian
towards Malaysia is a catalyst for the Ministry of Defense and the Australian
improvement of US - Malaysia relations. Ministry of Defense had a series of high-
The total interaction between both countries level Committee meetings that paved the
for the last three years increased. At the top way for enhanced strategic cooperation,
level in the defense portfolio, including all including the establishment of the Defense
arms of the MAF, mutual frequent visits and Industry and Innovation Working Group.
correspondence have shown an increment. Additionally, there is also an increase in
Malaysia has also received assets, aid, and engagement within the Australian Defense
courses through the IPS. On the Intelligence Force (ADF) and Malaysian Armed Forces
side, Intelligence Exchange between both (MAF). Regional forums, symposiums,
countries also saw an increase through the intelligence exchange, and analyst to
intelligence network system. All this progress analyst exchange also saw an increment.
suggests that the increase of bilateral defense The Australian Intelligence arms and the
relationships with the US is a subset of the Malaysian Intelligence Division agreed
IPS concerning Malaysia. to increase training courses and several
participations with Malaysia. The increase
The Role of Other Quad Nations in bilateral relations between Malaysia and
From the research done, there is a Australia in the last three years suggests that
theme emerging among the respondents this is a subset of the IPS.
that the role of Quad Nation in support Moving on to Japan, its relations
of the IPS has been uncertain as a group. with Malaysia has always been healthy. In
However unilaterally the Quad Nation has 2016, Japan gave Malaysia two patrol boats,
been engaging the Southeast Asian countries which presently are used by the Malaysian
actively. To begin with, Australia was the Maritime Enforcement Agency (MMEA) to
reason where the first Quad to fail under conduct patrolling at the SCS.
the Kevin Rudd Administration in 2007 due
to its relationship with China. However, According to the Focus Group
at present, the Australian government Discussion (FGD) conducted, they are an
has been playing an essential role in IPS. acknowledgment that Japan was keen to
First, Australia and Malaysia have a long- be part of Maritime Strait Patrol and the
standing relationship with the formation Trilateral Sulu Sea Patrol, but Japan's offer
of the Malaysian Australia Joint Defense is not welcomed as the participating nations
Program (MAJDP), serving as a platform for prefer to conduct the patrol within the littoral
the exchange of officers, courses, training, states. Additionally, the FGD also agreed that
and exercises. However, there was a trend Japan had been interested in FOIP at SCS
of an increase in engagement between both and Taiwan Strait. This notion is supported
countries beginning in 2018. In 2018, the by Japan's Defense Minister when he stated
Australian replaced its aging AP-3C Orion that Japan would play its part for FONOP
with Boeing P-8A Poseidon as part of through training exercises with the US and
Operation Gateway, a Maritime Surveillance other allies (Choong, 2020). In India, the
Operation in the SCS and the Indian Ocean. research found that India's role through IPS
This deployment marks a significant bilateral cannot be felt in the SEA region particularly
development between both countries.
in Malaysia. India has been sensible with its Freedom of Navigation Operation
approach towards IPS. This is largely due (FONOP)
to the fact India may refrain from upsetting
FONOP has been the catalyst for the
China when it comes to SCS territorial
IPS strategy. Trump's Administration saw
disputes.
more FONOP than Obama's Administration.
Multilateral Exercise with The Quad Na- Under President Trump's administration, up
tions to March 2019, the US has conducted a total
of nine FONOP in the Spratly islands (Panda,
Malaysia has always been opened 2020). US's FONOP's are usually carried
to engaging with other nations through out at the Paracel, and Spratly Island chain,
multilateral exercises. For the first time in 12 nm from the Chinese occupied Mischief
2018, Malaysia sent a warship to participate Reef, Fiery Cross, and Scarborough Shoal.
in the Rim of Pacific (RIMPAC) exercise The duration for this FONOP various from
fully. Malaysia has been participating as an the shortest 39 days to the longest 99 days.
observer before this and never attempted During the FGD, the respondents agreed that
to send a warship as full participation. most US FONOP were mostly conducted
According to then RMN Chief Admiral Tan under 'Innocent Passage.' However, it is
Sri Ahmad Kamarulzaman, Malaysia sent the essential to note that the FONOPs have never
warship and whole crew of 27 people for three gotten any positive responses supporting it
months of participation and disclosed that from other claimant countries. When then
Malaysia's participation is a manifestation Prime Minister Tun Mahathir Mohammed
of its commitment to Defense Diplomacy took the helm of the 7th Premiership, he subtly
(Fauzi, 2018). Malaysia's involvement as has spoken that the presence of warships can
a full participant in the RIMPAC was also lead to unnecessary conflict in the region
fully supported by the US under the notion (Prime Minister Office, 2019). Ultimately,
of enhanced cooperation. the Chinese are also reported to maintain
The RIMPAC was not the only the continuous presence of the China Coast
exercise that saw Malaysia involving fully. Guard (CCG) at the disputed waters, and
The Cobra Gold exercise debuted in 1982 is Malaysia RMN and MMEA also patrol in
spearheaded by the US and held annually in the same waters (Jennings, 2019). However,
Thailand. Malaysia first joined Cobra Gold every time the US conducts the FONOPs, the
as an observer in 2011 and became a fully presence of CCG is indicated to be increased
participating nation in 2016. It is reported in numbers at the disputed area.
that initially, the Cobra Gold exercise in West Capella Incident
2020 was supposed to be put on hold due to
the COVID 19 outbreak, but the exercise was Despite challenges in the FONOPs,
continued in February 2020 over the worry there is one incident that highlights the
that the vacuum present will be replaced benefits of the FONOPs in the SCS. This
by the Dragon Gold exercise. Dragon gold, incident ironically also tested Malaysia's
which is led by China with Cambodia, was neutral policy at the SCS. As early as
held in April 2020 in Tesco Sen Chumkiri, October 2019, Malaysian state-owned oil
Kampot, Cambodia. company Petronas began oil exploration
at the Malaysian ND1, and ND2 block

claimed by China and Vietnam. West At this juncture, Malaysia's foreign
Capella, a Panama registered drilling ship, minister released a statement calling for
managed by a London-based company, calming measures and stability in SCS (Tang,
Seadrill conducted this oil exploration. The 2020). Putting the incident as a problem
operation of West Capella from October between big power, totally isolates Malaysia
2019 was continuously harassed by the from the incident, although it happened in
presence of the CCG Haijing 5203 and Malaysia's backyard. This act is used over
5205. Both the Haijing 5203 and 5204 were and over as an escaping measure by the
reported to be well-armed (Asia Maritime Malaysian government. However, it cannot be
Transparency Initiative, 2020). Within the denied that there were signs of relief by West
next two months, both CCG alternated Capella on the FONOPs conducted by the
between harassing the West Cappella and US and Australia. Subsequently, the Chinese
areas near Luconia Shoals, where Petronas CCG left the area, and West Capella finished
were also conducting oil exploration (Asia its exploration activities. At this juncture,
Maritime Transparency Initiative, 2020). At during the research conducted, there was the
times the CCG presence was reported to be observation of approval of Malaysia's action
close enough to the rig to cause a collision, to stay put until the oil exploration was
an act that can be considered intimidation finished despite the intimidation from China.
to prevent Petronas from continuing the oil One point to consider is that this is only the
exploration activity. exploration activity, and subsequently, there
will be drilling activities in the area. There is
During the standoff, The RMN inevitably a possibility that the Chinese CCG
deployed two patrol vessels KD Jebat and might again harass the drilling activities,
KD Kelantan while the MMEA deployed an act that simply challenges Malaysia’s
KM Bagan Datuk to protect the West sovereignty rights.
Capella, and other oil exploration activity
in the surrounding areas (Asia Maritime
Transparency Initiative, 2020). The issue
was handled in a very subtle manner by the
Malaysian politician, although there was
an indication of concern by Petronas and
West Capella over intimidation by the CCG
Haijing 5203 and 5205. In April 2020, the
US Secretary of State reiterated that China
is taking advantage of current pandemic
situations to engage in assertive behavior
(Wong & Crowley, 2020). Subsequently,
on April 13, US Navy and Australian Navy
both conducted FONOP at the ND1 and
ND2 block while doing force integration
training and maneuvering exercise. The
US sent USS America, a small carrier, USS
Bunker Hill, and USS Barry as an escort Figure 2. Location of West Capella Oil
Exploration (AMTI, 2020)
while the Australians send to frigate HMAS
Parramatta (Graham, 2020).
Malaysia as the Linchpin for IPS February 27, 2020, where he mentioned
that Japan sees Malaysia as a lynchpin
From the research conducted, there is connecting the Indian and Pacific region.
a theme that suggests that Malaysia has the Additionally, Japan is also is supportive
opportunity as a hub or playing a primary of enhancing connectivity through
role in IPS. Malaysia's current prime minister infrastructure development (David, 2020).
mentioned in the Centre for Strategic and Japan's commitment to ensuring Malaysia
International Studies (CSIS) in September connectivity or a lynchpin can be seen from
2019 that he envisaged that Malaysia would Japan's effort to make Malaysian Port Klang
play a crucial role in bridging the Indian as ASEAN regional training center for vessel
Ocean and Pacific regions (Parameswaran, traffic (David, 2020).
2020). Additionally, the Malaysian Defence
White Paper also points out that Malaysia is Strategic Implication - Challenges and
a bridging linchpin between the Asia Pacific Analysis
and the Indian Ocean. According to Dr. Kuik,
China’s Growing Assertiveness
Malaysia is the only country that is part
of mainland Asia and is connected via the If the US continues to increase its
Borneo States to the vast island archipelago presence at the SCS and with the additional
stretching from Jawa to the Philippines to support from countries such as Australia,
Papua New Guinea. Hence strategically, Britain, or even France in its FONOP,
Malaysia is also a gateway connecting the there is a general wariness that China will
Indian Ocean and the SCS (Kuik, 2020). continue to grow more assertive the SCS.
China's military and paramilitary activities
First Admiral Rashid bin Hussain also
moved south Malaysian waters surrounding
mentioned the importance of Malaysia as a
areas of James Shoal and South Luconia
connecter between both US and China. He
Shoal since September 2013. At present,
stated that there is a perception that Malaysia
People Liberation Army-Navy (PLA-N)
is the best connecter to China among the
survey ships were often spotted at James
SEA nation (First Admiral Rashid bin
and South Luconia Shoal. The location of
Hussain, personal communication June 4,
James and South Luconia Shoal is shown
2020). This is due to Malaysia's historically
in Figure 3. Furthermore, a CCG was
good relations with China. Furthermore,
placed continuously at the disputed water to
in his opinion, based on interaction with
monitor Malaysian activities. This frequent
the US, they are more comfortable with
presence of PLA-N and CCG paved the way
Malaysia as the middlemen to China as
for Chinese fishing vessels to begin illegal
compared to other SEA nations or even
fishing activities in the Malaysian EEZ at
ASEAN as an organization. He states that
South Luconia Shoal.
Malaysia has become a front liner in the
dynamics of US and China relations in this These Chinese intrusions and
region (First Admiral Rashid bin Hussain, intimidation tactics to drive away Malaysian
personal communication June 4, 2020). On fishing vessels from Luconia Shoals will
another note, the potential role of Malaysia make it difficult for Malaysia to turn a blind
as a hub was also mentioned by the Japanese eye. Moreover, there are many productive
Ambassador to Malaysia, Hiroshi Oka, on Malaysian oil and gas platforms in the

Figure 3. Location of James and South Luconia Shoal (US State Department, 2010)
vicinity of Luconia Shoals, which mainly agreed China might be using this vulnerable
benefits East Malaysia's state in terms of situation to make its claim stronger in the
continuous electrical/power energy. What is SCS dispute. Ying Hui Lee also expressed
alarming is that with the increase of FONOP, this notion of wariness over that, China might
the Chinese may increase their presence in use the Bihai 2020 to increase the presence
SCS through their CCG and their fishing of law enforcement in the SCS (Hing Hui,
vessels. 2020). The FGD also responded that only the
US could mitigate the Bihai 2020 initiatives
Besides, the regular presence in the through its FONOPs if it is found to threatens
disputed area, the FGD respondents also other nations' national interests.
highlighted the Chinese Blue Sea 2020
or Bihai 2020 initiative. Bihai 2020 was In another scenario, According
recently launched for Marine Environmental to First Admiral Rashid, the worrying
Protection beginning from April 1, 2020, scenario would be China, and US action
until November 2020. From the FGD, the in the SCS escalates until China declared
respondents agreed that this project, although Air Defence Identification Zone (ADIZ)
may appear innocent for environmental in SCS (First Admiral Rashid Hussain,
purposes but sounded suspicious as they personnel communication, June 4, 2020).
corresponded with the Covid-19 Pandemic, This is a scenario that might not be in
at a time other claimants were fighting the favor of Malaysia. Previously, China’s
pandemic in their own country. The FGD declaration of ADIZ in the East China Sea
(EAS) received criticism from many parties. the Early 21st Century' during the Webinar
The notion of ADIZ was supported by the session with National Defence College
FGD, which described that the Declaration Philippines (NDCP) on June 10, 2020,
of ADIZ would be the worst-case scenario. China's plan to conduct ADIZ in SCS may
Additionally, in the first quarter of 2020, take place in a year or two. He further added
several media reported that China was that if the tense situation between the US and
planning to declare ADIZ at the SCS, quoting China in the SCS escalates, both countries
an official statement from Taiwan's Ministry will make bold moves one after another like
of National Defense (MND) (Chen, 2020). a game of chicken until there is a division
of power or a comprise by both parties. This
According to Dr. Alex Vuving from would allow an opening for one hegemony
Daniel K Inouye Asia Pacific Center for power in this region, which will be equally
Strategic Studies (DKI-APCSS), who spoke unhealthy for small state strategic interests
about ‘Geopolitics of the Indo Pacific in and national interests like Malaysia.
CONCLUSION
From the research, it can be concluded an opportunity for economic enhancement.

that IPS is being implemented in Southeast
However, not all is positive for
Asia Region and Malaysia exclusively.
Malaysia. The IPS has created some sort of
Although IPS is a strategy implemented
power struggle between the US and China.
for the whole region, its implication may
As the IPS progressed, it was found that
be wary from country to country depending
China also stepped up its political game. The
on a country’s need. The implementation of
recent development of Chinese harassment
IPS is not focused only on FOIP, but it is a
in the SCS on Malaysia’s oil exploration
multifaceted strategy raging from traditional
activities is an eye-opener for Malaysia. It
security concerns, nontraditional security
indicates that things can get complicated
threats to many more.
in the disputed area. It is undeniable that
Additionally, the IPS is also carried out Malaysia relies on the oil reserve as one of its
by the Quad country at present. The research primary sources of income. Any disruption in
found that bilateral relations between its drilling activity will disrupt the country’s
Malaysia and the Quad country improved economy. Furthermore, without US presence
significantly. This improved relationship in the SCS, China will have the hegemony
has benefitted Malaysia in many ways. to be more assertive with its militarization
Additionally, since the IPS is a work in in the SCS.
progress, Malaysia will continue to gain an
Thus, the IPS is a balancing act for
advantage when the IPS when it ventures into
Malaysia that it crucially needs. Malaysia
new areas. Malaysia also has the potential of
stands to benefit more from the IPS.
being an economic hub connecting the Indian
Therefore, perhaps one policy to manage
and Pacific nations. This will give Malaysia

the IPS might not fit the entire IPS since Therefore, Malaysia may wish to pick a
IPS is a multifaceted work in progress suitable policy case by case or in another
ranging from economy to traditional and term ‘pick your battle’. The suitable case by
traditional threats. Malaysia adherently also case recommendation is given in the next
wishes to protect its relationship with China. part.
RECOMMENDATION
From the research findings, the 2) Including the term IPS in official
following are recommended for Malaysia to documents. Malaysia may also wish
manage the IPS more effectively. to include the term IPS in its official
document such as Foreign Policy and
a. Stronger Hedging for Malaysia. Defense White Paper.
From the research, it was found that
Malaysia is a light hedger against China. 3) The Role of Academician and
This mechanism has worked well so far mass media. Top academician from
for Malaysia. Malaysia has successfully various universities could advocate for
increased its comprehensive partnership FOIP and Rule of Law. Besides the local
with the US, and concurrently enhanced mass media could also highlight FOIP
its relations with China. However, in the and IPS simultaneously to create a new
wake of China’s growing assertiveness awareness.
and uncertainties in SCS, Malaysia may
choose to become a heavy Hedger to protect b. Other claimant to take a
its sovereignty. Many other countries in multilateral approach by supporting
this region have taken this path to hedge FOIP. The smaller states who are also
heavier namely the Philippines and claimants may create a platform for a
Vietnam. However, to protect Malaysia- multilateral approach to support the FOIP
China relations, Malaysia may choose to against Chinese assertiveness. Such
hedge heavier only in the maritime issue. platforms are nothing new. Malaysia and
The notable actions to hedge stronger in the other Southeast Asian states have created
maritime issues are: many platforms in dealing with terrorism
and maritime issues. The notable platform
1) Becoming vocal against China includes Maritime Strait Patrol (MSP), 365
on SCS issues or in support of FOIP. terrorism initiatives, Sulu, and the Celebes
In adapting a heavier hedge strategy, Seas Trilateral Cooperative Arrangement
Malaysia has the choice to become more (TCA). Furthermore, under the progression
vocal against China or more vocal in of Quad plus, Vietnam was acknowledged as
support of US FOIP in the SCS issue. a possible player among the SEA countries.
Malaysia may choose this opportunity Vietnam, as the next, ASEAN chairman, may
to establish a new norm or new stand take the opportunity to step up its support
to protect its sovereignty and territorial for the FOIP. In such case, other claimant
integrity. countries may also seek this opportunity to
support the FOIP. Being united and showing Nations. Similarly, increasing defense
the same response when it comes to SCS relationships with this country with enhanced
issue may be counterproductive to Malaysia participation in joint exercises, procurement
or other claimant countries. of assets, high-level visits, port calls, and
many more may also be a sign of balancing
Additionally, all claimants could also be more heavier with the Quad Nations.
vocal in condemning any assertive action
towards another claimant. Prior to this there d. Adherence to International Law.
were no response from Malaysia or Vietnam Malaysia should emphasize and become
regarding the Scarborough Shoal spat more rhetoric on adherence to International
between China and Philippines. Similarly, law, including UNCLOS. These rules apply
there were no response from Philippines or to not only the small states but also the big
Vietnam regards to West Capella Incident. power. Setting precedence and continuously
Setting a precedent that is supportive one being rhetoric can serve as a reminder to big
another against Chinese assertiveness could states that international law applies to all
be helpful when similar situation arises for parties.
another claimant country.
e. Relevancy of US Presence in this
c. Balancing with the Quad Nations. Region. In the wake of the West Capella
Besides hedging heavier with China, incident, it is essential for Malaysia to
Malaysia could also balance heavier with acknowledge that the US presence is still
the Quad Nations. Supporting fundamental relevant in this region. Without the presence
aspects such as Rule of Law and FOIP is of the US here, there is a vacuum that could
a sign of balancing heavier with the Quad lead to hegemony for China.
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BRONZE
Theory and Practice: Examining the

Implementation of the Philippine
National Crisis Management Policy
RANULFO A SEVILLA
31 Theory and Practice: Examining the Implementation of the Philippine National Crisis Management Policy
ABSTRACT
Unpredictability is one of the dangers in human-induced crisis. To mitigate risks and

avoid being caught by surprise, it is imperative to: (1) Look beyond the horizon; (2) Identify
and assess what is currently happening and what will transpire in the months or years to come;
(3) Prepare for the worst to come; (4) Quickly prevent imminent dangers; and by all means
necessary, (5) Perform prudent actions to immediately terminate ongoing crisis. The succeeding
years, after the Philippine National Crisis Management (NCM) Policy was operationalized in
2012, provided several crisis situations that appeared to have been resolved with resounding
success. However, a closer look showed significant oversight resulting in massive losses of
lives and irreparable damage to properties, both private and public. Where does failure really
lie? In this light, the study examines how the Philippine NCM Policy has been applied at the
different levels of the bureaucracy. Along this line, this study also provided recommendations
on how to enhance the implementation effectiveness of the Philippine NCM Policy. Likewise,
it underlined reasons of the failures in the implementation of the Philippine NCM Policy, as
well as, the identified recurring challenges and gaps interconnected and intertwined with the
deeply-rooted oversight in cascading the policy to the implementors.
Keywords: Human-induced crisis, Philippine National Crisis Management Policy, Crisis

Management
INTRODUCTION
The 21st century threat environment environment. In most cases, these threats
has become increasingly complex and the transcend borders and cause significant
uncertainty profound because of multiple economic knock-on effects (Ross, 2019).
sources that are rapidly evolving and
interlinked with each other (Smith & Brooks, The 23 August 2010 Luneta incident
2013). Regional and global threats, such as: brought the need to improve handling of
terrorism, transnational organized crimes, human-induced crises to the attention of
human smuggling, human trafficking, Philippine Government. The effect of the
cybersecurity, and militant extremism, incident was devastating which warranted the
magnify anxieties of world governments crafting of the National Crisis Management
towards weapons of mass destruction. (NCM) Core Manual and the creation of
These threats, however, are not all the same. the Crisis Management Support Secretariat
They require differing policy responses. under the Office of the National Security
Hence, the central issues of threats must Adviser (NSA). This Manual strictly adheres
be explicitly defined to draw appropriate to the Memorandum Order issued on 22
and timely response or action. Moreover, March 2011 by President Benigno Simeon
with its strategic landscape, the Philippines Aquino III. The Memo intends to establish
is confronted with an increasing number protocols and a framework on how to address
of crises, often consisting of new threats, human-induced crisis to institutionalize the
aside from the natural hazards of its physical Incident Command System and the levels of

authority, responsibility and accountability, NCMCM, 2012). In general, this policy has
and identify the functions of the different also mandated to undertake responses to
crisis management organizations focusing emerging crises through Policy Formulation
on human-induced incidents (Aquino, 2011). and Inter-agency Contingency Planning,
and Crisis Action Planning in times of crisis
More than a year after, the Manual (Philippines, E.O. No. 82 s. 2012, 2012).
was approved by members of the Cabinet
Cluster on Security, Justice, and Peace, The succeeding years (after the NCM
and was promulgated by then President Policy’s operationalization) have provided
Aquino on 04 September 2012 through the several test cases for the Core Manual. From
issuance of Executive Order No. 82. This Lahad Datu Incursion and the Zamboanga
EO operationalized the “Practical Guide for Siege in 2013; to the Crisis in the Middle
National Crisis Managers and the National East and North Africa that put the OFWs in
Crisis Management Core Manual and harm’s way, also in 2013; the Mamasapano
established the National and Local Crisis Massacre in 2015; the Cybersecurity
Management Organizations, and providing Attack on COMELEC in 2016; the Bohol
funds therefore. Thus, born the Philippine Clashes and Marawi Siege in 2017; the
National Crisis Management Policy US-Iran Conflict in 2019 that affected
(Philippines, E.O. No. 82 s. 2012, 2012) tens of thousands of OFWs in the Middle
hereafter referred to as the NCM Policy. The East; and most recently, the COVID-19
NCM operationalizes the National Crisis pandemic. While the Government has
Management Framework that “provides a claimed resounding successes in resolving
comprehensive approach to understanding those incidents, it failed to consider that
the components of a crisis, otherwise most of them have resulted to massive losses
referred to as the 5Ps of crisis management: of lives and incurred irreparable damage
(1) Predict; (2) Prepare; (3) Prevent; to properties – both private and public
(4) Perform; and, (5) Post-Action and (Sadang, 2018). Looking into the past and
Assessment.” The 5Ps in the framework “are recent Government responses to the different
interrelated crucial components of effective types of human-induced incidents, there is a
crisis management, but these components do pressing need for the Philippine Government
not happen in phases, whether sequential or to examine the status of the implementation
consequential.” of the NCM Policy so that it can rationalize
or correct the defects, gaps, and lapses of its
Significantly, the Core Manual, with its responses, especially to the national security
accompanying Executive Order, has shaped threats that may devastatingly impact on the
the highly desired conditions of harmonizing country’s national interests and security and
“all crisis management functions of the state of its international relations.
government agencies/departments and
stakeholders toward thinking and moving Thus, this study focused on enhancing
coherently and strategically over any types the Philippine NCM Policy. The study
of crisis,” because it “recognizes that analyzed the extent of understanding that
threats, hazards, vulnerabilities, and risks decision-makers have on how to manage
in the 21st century security environment are human-induced crises at the national,
interconnected with one crisis resulting into regional and global levels and the extent of
another crisis of varying proportions”(PMT its implementation. Specifically, it sought to
answer the following questions: 1) What is National Crisis Management Policy?; and, 3)
the extent of understanding and appreciation What policy and strategic thrusts can be drawn
of the 5Ps Framework as observed in the out so as to apply the approaches successfully
implementation of the National Crisis in the National Crisis Management
Management Policy?; 2) What are the Framework and optimize the gains of the
challenges in the implementation of the National Crisis Management Policy?
REVIEW OF RELATED LITERATURE

As mentioned previously, the Philippines of democracy. Likewise, Article III of the
have been confronted by several types of 1987 Philippine Constitution, also called the
human-induced crises in both local and Bill of Rights, enumerates the fundamental
international settings. Because of these rights of a person “with the primary purpose
various experiences, the country has clearly of safeguarding the person from violations
differentiated the events occurring within by the Government, as well as by individuals
the crisis spectrum and distinctly defined and group of individuals”(Tamayao, 2014).
each of these events in its National Crisis It includes 22 sections which declare a
Management Core Manual of 2012. The Filipino citizen’s civil, political, socio-
succeeding part identifies the gaps in the economic rights and rights of the accused
implementation of the general statement – that the Constitution has to protect, no matter
the National Crisis Management Policy as what.
can be perceived through several scholarly
works and literature. The National Security Policy (NSP)
2011-2016. With the title “Securing the
Legal Foundation of the Philippine Gains of Democracy”, NSP presents four (4)
NCM Policy focal areas of concern, as follows: (1) good
governance; (2) delivery of basic services;
The Philippine Constitution. The
(3) reconstruction of the economy; and (4)
National Crisis Management Policy is
reforms in the security sector. The NSP
anchored in the Preamble of the 1987
2011-2016 places its focus on the people,
Philippine Constitution. Further, its
which are substantiated through the plethora
principles and fundamentals are guided by
of objectives that include job generation,
Section 3, Article II of the Constitution.
reproductive health care, capacity-building
This states that the Armed Forces of the
for the poor, and protection for OFWs, among
Philippines (AFP) is the protector of the
many others (Domingo-Almase, 2013).
people and the State. Its goal is to secure the
Following these ideological foundations of
sovereignty of the State and the integrity of
national security, the NSP 2011-2016 also
the national territory. Additionally, Section 5,
scans the security landscape and identifies
Article II states that one of the prime duties
the external and internal threats to the
of the Government shall be the maintenance
country.
of peace and order, the protection of life,
liberty, and property, and the promotion The National Security Policy 2017-
of the general welfare as essential for the 2022. Thereafter, the formulation of NSP
enjoyment by all the people of the blessings 2017-2022 embodies the nation’s efforts

to address all threats that endanger the Ensure Maritime and Airspace Security;
nation’s survival and way of life (Ramos, Strengthen International Relations; Provide
National Security Policy 2017-2022, Strong Cyber Infrastructure and Cyber
2018). The primary objective of this NSP Security; and, Improve Vital Transportation
is to safeguard the interests of the nation, Infrastructure and Port Security.
which include the protection of the people,
strengthening of democratic institutions, The following relevant Philippines
laws complement the National Crisis
protecting the territorial rights, and
Management Policy as well:
enhancing the country’s image as partners
in the larger international community. The The Human Security Act of 2007 or
NSP 2017-2022 contains the following Republic Act 9372. RA9372 aims “to
12-point National Security Agenda: Human secure the state and protect our people from
and Political Security; Health Security; terrorism” and “recognizes that the fight
Economic, Infrastructure and Financial against terrorism requires a comprehensive
Security; Food and Water Security; Military approach comprising political, economic,
and Border Security; Socio-cultural diplomatic, military, and legal means duly
Security; Environmental and Disaster taking into account the root causes of
Security; Energy Security; Maritime and terrorism without acknowledging these as
Airspace Security; International Security; justifications for terrorist and/or criminal
Information and Cyber Security; and, activities” (Philippines, Human Security
Transportation and Port Security Act of 2007, 2007).
The National Security Strategy R.A. 10121, or the Philippine Disaster

(NSS) 2018. The NSS 2018 integrates Risk Reduction and Management Act of
the country’s security policies, courses of 2010. This is an act signed on 27 May
action, and responsibilities into a roadmap 2010 that aims to strengthen disaster
that will help fulfill the national security management in the country. It endeavors
vision. It implements the NSP 2017- to create and develop a framework and
2022’s underlying principle that national provide resources that will enable the
security and economic development national and local governments, as well as
are closely intertwined and mutually other key stakeholders to build communities
reinforcing concepts. NSS 2018 mandates that can survive disasters. R.A. 10121
the fulfillment of the following specific repealed the Presidential Decree 1566 that
action areas: Guarantee Public Safety created the National Disaster Coordinating
and Achieve Good Governance; Mitigate Council (NDCC) and changed it to the
the Impact of Health-Related Threats; National Disaster Risk Reduction and
Develop a Dynamic, Inclusive, and Management Council (NDRRMC). Aside
Sustainable Economy; Achieve Food and from this, the act highlights the importance
Water Security; Safeguard and Preserve of strengthening the local government
National Sovereignty and Territorial and local communities, wherein it
Integrity; Heighten Consciousness and institutionalizes the involvement of civil
Pride on Filipino Heritage, Culture, and society organizations (CSOs) as well as the
Values; Promote Human and Ecological private sector (Rey, 2015).
Security; Achieve Energy Security;
Figure 1. NDRRM Framework
R.A. 10121, or the Philippine Disaster of the various aspects of DRRM, as well as
Risk Reduction and Management Act the related factors that need to be looked
of 2010. This is an act signed on 27 May into in creating national and local plans
2010 that aims to strengthen disaster and programs. It is through the framework
management in the country. It endeavors to that crisis managers in all levels will have
create and develop a framework and provide the same understanding about “lessening
resources that will enable the national and the vulnerability and increasing capacities
local governments, as well as other key of men and women in communities and
stakeholders to build communities that can governments; mainstreaming efforts in
survive disasters. R.A. 10121 repealed the national and local development plans;
Presidential Decree 1566 that created the achieving through multi-stakeholder
National Disaster Coordinating Council partnerships; and, linking to climate change
(NDCC) and changed it to the National adaptation” (NDRRMC, 2011).
Disaster Risk Reduction and Management
Council (NDRRMC). Aside from this, the act Other pertinent laws. The Data Privacy
highlights the importance of strengthening Act of 2012 or R.A. 10173; Cybercrime
the local government and local communities, Prevention Act of 2012 or R.A. 10175;
wherein it institutionalizes the involvement Executive Order No. 189 s. 2015; Department
of civil society organizations (CSOs) as well of Information and Communications
as the private sector (Rey, 2015). Technology Act of 2016 or RA 10844; and,
Executive Order No. 70 s. 2018 creating NTF-
The NDRRMC Framework was formed ELCAC were also found to have contributed
in order to develop a common understanding to the formulation of the NCM Policy.
The Philippine National Crisis
Management Policy for Human-induced relation to their respective implications and
Threats impacts. The spectrum illustrates how an
ordinary incident may end up into a disaster
In an extensive study conducted by the if Crisis Managers do not understand the
Project Management Team (PMT) organized entire spectrum and are unable to anticipate
by the former National Security Adviser, activities before the turning point (PMT
Secretary Cesar P. Garcia Jr, the Team was NCMCM, 2012). The Team was also able to
able to conclusively differentiate Incident recognize the so-called “growth stage” and
from Critical Incident; Critical Incident “turning points” of crises in relation to time,
from Crisis; and, Crisis from Disaster, in as illustrated below:
Figure 2. Crisis Spectrum Diagram
The spectrum illustrates how an Readiness to Act; and, 8) Intensified Public

ordinary incident may end up into a disaster Information Campaign.
if Crisis Managers do not understand the
entire spectrum and are unable to anticipate Specifically, E.O. 82 directs all crisis
activities before the turning point (PMT management organizations from national to
NCMCM, 2012). local level to adopt the concepts, processes,
and procedures under the 5P’s of crisis
Generally, there are eight (8) Key management, namely: Predict, Prevent,
Principles in Crisis Management being Prepare, Perform, and Post Action and
espoused in the NCM Policy, founded on Assessment (Philippines, E.O. No. 82 s. 2012,
best practices and perfected through years of 2012). The 5P’s of crisis management was
governance. These are: 1)Whole-of-Nation illustrated in the National Crisis Management
Approach (WONA); 2) Strengthened Inter- Framework, as shown in Figure 3.
agency Collaboration; 3) Efficient Situation
Awareness; 4) Tiered Response to Incidents;5) As explained in the Core Manual, “the
Adaptable Operational Capabilities; 6) Unity National Crisis Management Framework
of Effort Through Unity of Command; 7) shows the escalation of crisis – from
Figure 3. The 5 P’s of Crisis Management,
convergence of indicators to the occurrence Security Threats and Hazards

of an incident, critical incident and a full-
blown crisis – and the interaction of the 5Ps Human-induced threats are events caused
of crisis management. Although the 5Ps are by humans and occur in or close to human
interrelated crucial components of effective settlements. The events leading up to these
crisis management, these components do man-made threats are the result of deliberate
not happen in phases, whether sequential human actions, the impact of which is truly
or consequential. Addressing complex or devastating (Community Emergency, n.d.).
multi-dimensional crises require activities Unlike hazards, which are objects, events, and
under ‘Predict’, ‘Prepare’ and ‘Prevent’ to phenomena, a threat could be a thinking human
happen simultaneously and in a continuous being. That, even if one is not expose to the
manner even while executing activities under threat, there still is the so-called risk (CMSS,
‘Perform’ or responding to an ongoing crisis 2013). These threats include: terrorism;
or conducting ‘Post-Action and Assessment transnational Organized Crime; Human
activities’”(PMT NCMCM, 2012). Within smuggling; human trafficking; cybersecurity
this context, crisis management involves threat; and, Proliferation of Weapons of Mass
plans and institutional arrangement to engage Destruction. On the other hand, hazards may
and guide the efforts of Government, non- be categorized into: natural hazards; and,
government, voluntary and private agencies Chemical, Biological, Radiological, Nuclear,
in comprehensive and coordinated ways to and high yield Explosives (CBRNE) hazards
respond to the entire spectrum of crisis needs (CEEP, n.d.).
(CMSS, 2013).

National Security: Philippine Context from Sulu, Philippines infiltrated a town in
Lahad Datu in Sabah, Malaysia. The group
The National Security Policy (NSP) identified itself as belonging to the Royal
2017-2022 and the National Security Security Forces of the Sultanate of Sulu and
Strategy (NSS) of 2018 of the Philippines North Borneo. The Sulu Sultan, Jamalul
have identified and categorized the national Kiram III, confirmed that the invasion was
security challenges in the following manner: led by his brother, Crown Prince Abgimuddin
1) internal environment; 2) external Kiram, and had instructions to proclaim
environment; and, 3) other strategic issues their ancestral right over the disputed Sabah
and challenges. Specifically under internal (Poling, DePadua, & Frentasia, 2013). One
environment concerns are: law and order of the main lapses that led to the Lahad Datu
and administration of justice; illegal drugs; invasion was the serious lack of security in
internal armed conflict; terrorism and the eastern coastal areas of Sabah (Hassan,
transnational threats; and, economic and 2013). Apparently, Philippine authorities
social threats. on the other hand, under were caught off-guard in resolving the
external environment are: overlapping crisis. Aside from the fact that the incident
territorial claims and maritime domain happened outside the country in which
issues; global security issues and the welfare diplomatic ties between Malaysia and the
of OFWs; and, proliferation of weapons of Philippines were at stake, there was also an
mass destruction (WMD). Finally, other issue of mishandling of official documents
strategic issues and challenges include: and a failure on intelligence.
rising threat of cybercrime; climate change;
and, institutional concerns Zamboanga Siege. Fighting between
the AFP and a faction of the MNLF erupted
Philippine Responses to Various National on 09 September 2013. President Aquino
Crises: The Practices had to use force against a band of rebels from
the MNLF under the wing of Nur Misuari,
To understand crisis, one must recognize
the revolutionary leader who fomented an
its adverse effects to society and the
uprising in the 1970s for separatism. By and
environment – that, crisis can “significantly
large, the Zamboanga siege was a unique
deplete scarce government financial and
war. It was an urban warfare in a different
material resources” (PMT NCMCM, 2012),
and unfamiliar terrain. It was a densely
and it can interrupt delivery of basic services.
populated residential neighborhood. Aside
If crisis is not duly responded to, or if the
from taking the residents as hostages, the
responses are inadequate, it could escalate to
MNLF used the houses as hiding places
disasters, resulting to massive loss of lives
(Fonbuena, Zambo Crisis: The Fog of War,
and damage to properties (CMSS, 2013).
2019). The incident dragged for 20 days
The succeeding brief narrative of events
due to the fact that the military couldn’t
illustrates how the Philippine Government
utilize their full arsenal to ensure the safety
responded to various national crises that
of hostages. The civil authorities were also
happened from the time the NCM Policy has
at the forefront instead of the military.
been put into practice, up to the most recent
Moreover, the Office of the Presidential
incident:
Adviser on the Peace Process (OPAPP)
2013 Lahad Datu Standoff. On 11 was criticized for its failure to properly
February 2013, about 100 to 300 armed men communicate with the MNLF. Lastly, the
crisis worsened due to numerous incidents program of the Core Manual; and, (2)
of misinformation from text messages and Perspective of local-level Key Informants,
sightings being circulated, mostly through which is about operationalizing the concepts
social media which affected the conduct of and principles of the Core Manual. To
military operations (Fonbuena, 2019). summarize, his findings revealed that the
Crisis managers in Bohol were observed to
The Mamasapano Clash. On 25 be more familiar with the DRRMC’s Incident
January 2015, Filipinos in service died in Command System during crisis management
Mamasapano, Maguindanao as a result of (which was utilized for natural calamities).
an encounter that was triggered by OPLAN There was also a shortage of resources
“Exodus” which aims to neutralize Zulkifli in terms of personnel and logistics. The
Bin Hir (Marwan), AhamadAkmadAtabl Security Sector had insufficient information
Usman (Usman), and Amin Baco (Jihad), on the identities and profiles of suspected
who were considered High-Value Targets ASG support cells in the Visayas Region
(HVT) (GMA News, 2015). In this incident, as well. The government was also unable to
44 members of the Special Action Force disseminate the desired Public Information
(SAF) – who were considered the elite unit Protocol that should have been followed by
of the Philippine National Police (PNP) local and national media personalities whose
against threats of local and foreign terrorists, actions hampered the timely resolution of
were killed. According to the investigation, the incident.
the following findings surfaced: 1) The
Chain of Command in the PNP was violated; Marawi Siege. Marawi, which is the
2) there was lack of proper coordination largest Muslim city in the predominantly
with the AFP; 3) inputs from his subordinate Catholic Philippines, became the battlefield
commanders on how the operation should between ISIL fighters (Abu Sayyaf and the
be executed were disregarded; 4) Troop Maute) and government forces in May 2017.
movement was mismanaged; 5) failures of In the aftermath of the siege, the government
command and control; 6) defective arsenal; admitted that there were lapses in advance
and, 7) the participation of other armed intelligence about the massing of Maute
elements hampered the resolution of the and Abu Sayyaf militants which could have
incident. provided the military with the necessary
time to prepare better and avoid more
2017 Bohol Clashes. On 06 April 2017, casualties (Beech & Gutierrez, 2019). Also,
the AFP monitored a group of Abu Sayyaf one of the reasons why the siege lasted for
in Indanan, Sulu. The group left Sulu bound some time before it was finally under control
for central Visayas, prompting the AFP to by the military was because of the high
alert its intelligence community nationwide. density of buildings in the area, combined
Relatedly, in a study conducted by COL by the military’s lack of knowledge in urban
ARIEL M REYES PA (MNSA), he identified warfare. The international community also
challenges that were encountered by the voiced their concern on how the region was
crisis managers and responders during the unprepared for the current and emerging
Bohol Clashes and classified them into two wave of terrorism. It also demonstrated the
(2) which are: (1) Perspective of national- need for new security architecture in the
level Key Informants, which is about ASEAN region (Yusof, 2018). The conflict
administering awareness and advocacy further highlighted the unique challenges in

governing human-induced disasters which “Bayanihan to Heal as One Act”. They also
involve a dynamic process of collaboration set up the National Task Force for Covid-19
among multiple actors and agencies in which is characterized by a strategic design,
different levels and in a variety of scales line of operations, an organizational structure
(Trias & Gong, 2017). at the national, regional and local level and
13 defined critical tasks. The concept of
Cybersecurity Attack on COMELEC. operations of the national strategy is “detect-
On March 27, 2016, hackers under isolate-treat-reintegrate” (D-I-T-R). This
the banner, “Anonymous Philippines” strategy was supplemented with plans of
hacked into the website of the Philippine local chief executives (LCEs) who remain
Commission on Elections (COMELEC) to be proactive in putting in place their own
and defaced it. The hackers left a message mitigation and containment protocols (Tiquia
calling for tighter security measures on M. , 2020). Aside from this, the government
the vote counting machines (VCM) to be has sought the cooperation of the private
used during the 2016 Philippine General sector and the international community.
Elections. Within the day, a separate group
of hackers, “LulzSecPilipinas” posted an Conceptual Framework
online link to what it claims to be the entire
database of COMELEC. The small circle of To logically attain the desired end-
cybersecurity experts in the Philippines is state of this study, which is to enhance the
problematic, considering the rising number Philippine National Crisis Management
of cyberattacks several institutions have been Policy and is anchored on securing and
facing in recent years. The Philippines has a protecting the state and its people, and the
number of laws addressing cyberattacks such National Security Policy 2017-2022, the
as the Cybercrime Prevention Act. However, framework illustrates a linear configuration
these laws only deal with the aftermath of an on the step-by-step actions (i.e. the Current
attack and not so much with the prevention State, to Analysis, then to the Desired End-
of these type of incidents (Gavilan, 2016). State) that will be undertaken to attain the
Moreover, government budget constraints objectives of the Study.
have often led to cybersecurity not being a Through strategic evaluation using
priority (Tiquia M. , 2020). The Philippine policy analysis, this Study was able to
Government should tap its technology sector determine that the Philippine National Crisis
to assess vulnerabilities and design strong Management Policy aims to: 1) Provide a
IT systems with corresponding appropriate general framework of courses of actions that
funding (Gavilan, 2016). will guide government agencies in dealing
Novel Corona Virus 2019 (CoViD-19). with existing and emerging threats and crises
The Novel Corona Virus or COVID-19 has of varying characteristics and potencies; 2)
affected world economy and global politics. Harmonize all crisis management functions
It has caused so much disruption to humans of government agencies/departments and
and even claimed lives (Neuman, 2020). stakeholders toward thinking and moving
Just like numerous countries in the world, coherently and strategically over any types
the Philippines have not been spared by the of crisis; and, 3) Undertake responses to
coronavirus pandemic. The country imposed emerging crises through Policy Formulation
community quarantines and promulgated the and Inter-agency Contingency Planning, and
Crisis Action Planning in times of crisis. The
NCM will serve as the subject of analysis. The on whether or not they are in accordance
evaluation of the current state commenced with the established parameters. The outputs
with obtaining records, testimonies, of the process were challenges and gaps
reports, and documents of the past and which thereafter, were analyzed using the
present undertakings of crisis managers and 5Ps NCM Framework. This resulted to the
responders which were subjected to a test identification and recommendation of new
strategies on how to enhance the Policy.
Figure 4. 5 P’s NCM Framework.
METHODOLOGY
or authorities directly involved in the crises;
This Study employed a descriptive- archival study covering literatures searches;
qualitative research design. This mixture modified focus group discussion done
of research types allowed the Researcher virtually with application of the mini-Delphi
to acquire relevant data for analysis based Method wherein the data gathered were
on the identified research problem and the triangulated with the data analyzed from
corresponding research questions. Likewise, the review of related literatures and those
the mixed approaches helped improve gathered from the Key Informant Interviews
the quality of research because they have (KII), so as to arrive at sensible and credible
different strengths and weaknesses, so that, set of standards for participants’ knowledge
one set of results complements the other; and skills; and, survey among trained First
hence, achieving corroborative outcomes. Responders. The Researcher gave primary
(Gummert, 2019).Research instruments focus on the areas of the Bangsamoro
and tools utilized in the study included a Autonomous Region of Muslim Mindanao
descriptive-qualitative research approach (BARMM) and Region IX, specifically
employing a combination of various research in Marawi City and Zamboanga City. The
instruments, such as: virtual and face-to- researcher applied document analysis;
face interviews with credible personalities; coding; Stakeholder’s analysis; and, SWOC
observations accounted by personalities and/ analysis to all gathered information.

RESULT AND DISCUSSION impending and evolving crisis and in
orchestrating collaborative efforts.
Hereafter presented are the findings of
this study which is anchored on the research The “Prepare” component was geared
framework in examining the implementa- on soliciting the respondents’ perspectives
tion of the Philippine NCM Policy and the on what should have been done to prepare
analysis of selected documents, collected for crisis based on their personal knowledge
data, interview results, and discussions with and experiences. The foregoing facts have
the Crisis Management actors. The findings pointed out that, to a large extent, there were
are presented in accordance to the research failures in the preparation for managing
questions posted: crises that happened within the period being
studied. These failures were attributed to
Extent of Implementation of the the following: (1) The absence of some of
NCM Policy the activities that should have been done
to predict the occurrence of crisis largely
The researcher classified the information
because of the failures of some government
gathered according to the 5Ps Framework
officials to appreciate intelligence; (2) As
in Crisis Management, namely: Predict,
repercussion, no contingency plan was
Prepare, Prevent, Perform, and Post-Action
envisioned, which brought to fore the lack
and Assessment:
of much needed capability and logistics to
The intention of Predict is to develop a respond to urgent situations; (3) The absence
diverse and collaborative prediction through of systems and mechanisms for coordination
processes so that everyone is given scenarios and collaboration among Crisis Management
of prospective consequences, bring them to Actors; and, (4) The lack of knowledge on
an appropriate level of readiness, and thus, how to manage crises of varying degrees
prevent them from being caught by surprise, because of the failure in cascading the NCM
was never been, to some extent, realized Policy.
for some reasons. It was found out that:
The “Prevent” component was
1) there existed a lack of sense of national
geared toward imploring the respondents’
security because of a poor understanding of
knowledge and experiences on what were the
the essence of doing a Situation Awareness.
contributory factors to why the occurrences
As a consequence, there was failure in
of the studied incidents and crises were not
cascading timely information and promoting
prevented. Avoiding future security threats
the advocacy of the NCM Policy; 2) there
by aggressively addressing its causes, as
was a dearth of individual and collective
espoused in the NCM Policy, is the intent
capabilities among the intelligence units
of the “Prevent” component in the 5Ps
to perform activities stipulated in the said
Framework. Seemingly, the Government’s
Policy so as to foresee the future through
actions did not manifest compliance to this
scenarios; 3) there was a shortfall of
intent due to the following: 1) The lack
collaborative mechanisms (i.e. facilities and
of capacities and capabilities, including
systems) among relevant agencies to attain
poor appreciation of technology and skills
unity of effort through unified command;
training and development among of the
and 4) there was poor political leadership
Crisis Management actors, which were
due to lack of knowledge and skills among
pervasive causes of failures attributed to
elected and appointed officials in addressing
corruption of funds intended to develop and intentionally included in the Philippine
enhanced capabilities; 2) the lack of inter- NCM Policy. It is also for the purpose of
agency coordination and collaboration, coming up with an institutional system of
to include weak local and international handling complex crisis to capacitate crisis
partnerships; 3) the poor political leadership, managers and policy-makers in undertaking
which was aggravated by parochialism, a comprehensive and synchronized inter-
turfing, and legacy syndrome of leaders; 4) agency crisis response. Apparently, results
the poor appreciation of the importance of in the review of related literature and data
Situation Awareness processes; 5) the lack of collected indicated that there is an unwitting
knowledge of available crisis management disregard and neglect on the importance of
protocols and tools to deal with threats due the PAA in the 5Ps Framework. This was
to the inefficiency of the office mandated to also reflected in the responses of respondents
mainstream the Policy; and, 6: the lack of during the conduct of interviews and
foresight due to complacency. modified FGDs. Moreover, results from the
opinion survey indicated the absence or lack
For the “Perform” component, of collating and promulgating mechanisms
Literatures reviewed and data gathered from for best practices and lessons learned in the
respondents, and the survey, pointed out to PAA. Consequently, these are the activities
the following observations: 1) There was lack emphasized in the NCM Policy for the PAA.
of awareness, capacity-building, simulation,
and other inter-operability exercises and Overall, one of the insights that were
the unfamiliarity of majority of the senior consistently mentioned was the lack of
members of the crisis management decision- awareness and preparation during a crisis,
making body on how to integrate systems. particularly in the local government level.
Because there was failure in cascading the A number of students revealed that during a
NCM Policy, there was limited knowledge crisis they personally experienced, the local
on this which resulted to the confusion of the chief executives who are mandated with the
Responders on the ground; 2) there was lack most duties and responsibilities in managing
of preparation, especially on training and a situation, were either not fully aware or
exercises; thus, there were no contingency had lukewarm responses and reactions on
plans; 3) there was failure to disseminate situations. A few mentioned that the lack of
intelligence in a timely manner; 4) there was penal clause and stiffer penalties for omission
no sense of responsibility and accountability has become a disadvantage, given the fact
among the agencies involved; 5) there that some government agencies and officials
was lack of coordination between LGUs did not perform as mandated. Relatedly,
and the security sector; and, 6) there were the lack of awareness and preparation
fragmented intelligence efforts as an effect also stemmed from the fact that the Crisis
of no intelligence fusion at the operational Management Framework was not totally
and tactical levels. cascaded down to the lower unit, which
caused a lack of appreciation of the entire
For the 5th and last component – the process. One student opined that there is a
Post-Action Assessment component, it need for a bridging mechanism supported
was found out that to ensure recovery and by other agencies so that there is alignment
determine the strengths and weaknesses in of stakeholders’ roles and responsibilities in
crisis management procedures; PAA was every level. Another interesting revelation

was that despite the importance of strategic agencies are well-versed on their respective
planning, it’s useless unless it is understood in roles in the inter-agency crisis management.
the tactical level. This means that it is crucial Lastly, some of the respondents mentioned
for the team on the ground to understand that there is an absence or lack of collating
what the plan is to avoid committing the and promulgating mechanisms for Best
same mistakes all over again. Another useful Practices and Lessons Learned in the post-
observation from the students was the lack action assessment phase.
of training of the responders and crisis
managers. Multiple people mentioned how The Challenges in the
Implementation of the NCM Policy
they witnessed leaders on the ground caused
more confusion because they lacked the skills In Crisis Management, challenges
to handle the situation properly. One student happen at three (3) different levels: strategic
said that the capabilities of the responders or crisis managers level; operational or
have to be improved through continuous crisis planners’ level; and, tactical or crisis
training and practice so that their knowledge management responders’ level. The table
and skills are improved. Another student below shows the identified challenges that the
said that recurring and new problems may be Crisis Management actors have encountered
avoided if plans and protocols are in place while applying the 5Ps Framework in Crisis
and are constantly reviewed, revalidated Management:
and rehearsed; thereby, ensuring member-
Component Type Challenges

• NCM Policy has inherent issues on sources of logistics, on
functions, and on the needs of the current times, and needs
Policy dissemination;
• Lack of penal clause that would punish the implementors.
• Failure in intelligence gathering, analysis, dissemination and
response;
• Lack of appreciation and understanding of the Crisis Manage-
ment process and on the policy’s principles and concepts;
Predict
• Lack of coordination and communication among all stakehold-
ers involved.
Implementation
• Lack of threat assessment, environmental or horizon scanning,
and situation awareness;
• Lack of national security culture;
• Lack of sense of responsibility and accountability;
• Lack of preparation and prior contingency planning;
response;
• Poor leadership, management and decision-making;
Prepare • Lack of coordination and communication among all stakehold-
ers involved.
Implementation
• Lack of capacity and capabilities, including technology ap-
preciation, and skills training and development;
• Lack of preparation and prior contingency planning
response;
• Lack of coordination and communication among all the stake-
holders involved.
Prevent
Implementation preciation, and skills training and development;
• Volatile and unstable socio-political context, as well as, the
presence of terrorism and violent extremism are realities in the
Philippines.

response;
• Lack of coordination and communication among all the stake-
holders involved.
Perform
Implementation preciation, and skills training and development;
• Volatile and unstable socio-political context as well as the
Philippines.
response;
Post-Action • Lack of coordination and communication among all the stake-

& Assess- holders involved;
ment
Implementation and situation awareness;
• Volatile and unstable socio-political context as well as the
Philippines.
Examining the table presented above, bureaucracy. In other words, they required
one would readily understand that these were a whole-of-nation approach. Finally, the
challenges that generally caused issues in table illustrates and explains that challenges
the implementation of the Philippine NCM or issues relative to the NCM Policy itself
Policy because they affected the strategic, and its implementation were intertwined and
operational, and tactical levels of Crisis inter-linked to each other across the entire
Management. Notably, eight out of the ten spectrum of Crisis Management. Therefore,
(8/10) implementation challenges cut across absence or failure in the execution of any
the entire spectrum of Crisis Management, of the five (5) components of the NCM
while the other two (2) only affected Framework could affect the entire spectrum
“Prepare”, “Prevent”, and “Perform” of Crisis Management.
components. Since the two implementation
challenges were more of individual and Policy and Strategic Options
organizational issues, they could be The table below depicts the suggest-
addressed internally or within a particular ed solutions on how to address said chal-
organization. On the other hand, the eight lenges previously presented, and apply
(8) implementation challenges indicated the approaches in the NCM Framework.
and required an inter-agency solution that The solutions are also ranked in order of
should be supported by all levels of the the most recommended:
Rank Key Ideas Rationale
Increase number of seminars and

Regular training, capacity-building, assessment
trainings, equipping and capacity-
and sustainment helps crisis responders and
1 building interventions, evaluation
other key stakeholders become more equipped in
and assessment, and sustainment for
preparing, handling, and evaluating crises.
stakeholders
The whole-of-nation approach is necessary to
Incorporate whole-of-nation approach to address nationwide crises/threats, including
2 address crises and transform culture in intelligence gathering, building a national
the government and society security culture, and fostering cooperation in all
sectors of government and society.
More open communication,
Communication and coordination are key,
collaboration, and coordination between
3 especially when cascading information to all
the national and local government, as
levels of government.
well as strong involvement of the LGUs
Conduct adequate and accurate Performing contingency plans and other related
contingency planning, threat assessment, activities will help crisis responders in preparing
4
awareness and/or scenario building with for these events, as well as, creating their own
stakeholders crisis management plans.
Having accurate intelligence information and a
Ensure timely and accurate intelligence
reliable intel network are imperative in forming
5 and counter-intelligence information,
the right strategy to address the crisis/threat
and strong intel structures and networks
beforehand.

Rank Key Ideas Rationale
Having Crisis Management as a career ensures

Incentivize making crisis management a
6 sustainability of efforts and a steady pool of
career
subject matter experts.
Integrating the existing frameworks into one
Integrate different frameworks and
7 will create efficiencies and cohesiveness in the
systems to complement efforts
response to the crises/threats.
The concerned agency and the
These are the current agencies that have been
EXECOM, National Crisis Management
8 tasked and have within their purview the
Committee, NICA and the NSC should
responsibility in addressing these lapses.
be responsible in correcting the lapses.
Leadership plays a crucial role in the entire
Electing and selecting the right persons process of crisis management because it is on
9 with competency, good morals and the leader’s shoulders that the heaviest burden
maturity of responsibility is placed in responding to the
crisis.
Reward and punishment system.
This is necessary in order to encourage correct
Reward/recognition for full compliance
10 behavior for all stakeholders and penalize those
and punishment/accountability system
who violate or neglect the set protocols.
for negligence and failures
Legislation is needed and necessary to integrate
Issue an EO or an AO to help integrate the frameworks and to clearly define the function
11
the different frameworks and the roles of the new approach, which also
include a penal clause.
Given that the conditions on the ground differ
Create common Crisis Management
when dealing with crisis/threat such as insurgency
12 Operations Center in support of the
or terrorism, creating a common center could
National Command Authority
provide that middle ground.
The OCD should take the lead in It is within the mandate of the OCD to handle
13
implementing the integrated approach. such integration.
The DILG to take the lead in This is a smart move because in doing so, it will
14
implementing the integrated approach. harmonize undertakings in one cohesive effort.
Enhance capabilities by forging strong Alliances and partnerships within different

partnership to our stakeholders and sectors of society, as well as within the Asia
15
building alliance in the region as well as Pacific region will help foster a strong security
with the private sector culture.
Figure 5.Roles and Interest Policy Map
Figure 5 describes the Researcher’s and councils created by law, are the main
mapping of stakeholders in accordance proponents of these strategies or solutions;
to their level of roles and interests in the hence, they belong to this quadrant. They
implementation of the recommended policy have high interest and have the approving
from this Study. As shown in the diagram, authority to implement the recommended
stakeholders with high roles and interests policy.
(i.e. upper right quadrant) to the strategies
or solutions are the institutions with Meanwhile, stakeholders in the lower
management functions on crises and disasters right quadrant are those with low roles, but
and the individuals that have approving are direct participants for the successful
authority and support. Their interests are implementation of the recommended policy.
high as these are directly concerned with Stakeholders with high roles, but low
the recommended solution’s impact on the interests (i.e. upper left quadrant) are the
country’s security in general. The President internal beneficiaries with significant support
of Philippines, members of the EXECOM roles and functions in making the decisions
of the National Security Council (which is of EXECOM-NCMC a reality, while the
also the EXECOM of the National Crisis stakeholders with low roles and interests
Management Committee whose members (i.e. lower left quadrant) are the external
are the designated Cabinet-Officers Primarily beneficiaries. They are classified as such
Responsible for a particular threat) who are since their only interest is not necessarily on
also members of the National Disaster Risk the direct activities of the implementation,
Reduction and Management Council, and but more on the outputs or outcomes of the
the different crisis management committees recommended policy.

To validate the suitability, feasibility, 5. Avail of foreign aids and grants
and acceptability of the suggested solutions to improve Crisis and Disaster Resiliency
that this Study has generated and identify Programs;
strategic options that address said challenges
scientifically, SWOC analysis was 6. Intensify advocacy and cascading
conducted. Based on the SWOC Analysis, program for the NCM Policy’s framework
the following are the strategic options for the and principles;
enhancement the NCM Policy: 7. Encourage establishment of local
1. Seek legislative sponsorship for intel fusion centers to be spearheaded by
possible integration of NCM Policy and NICA of intel units on the ground employing
NDRRM Law into one; support from POCs;
2. Local POCs, through a resolution 8. Enhance Stakeholders Engagement

forwarded to Congress via NDRRMC and through the local POCs;
NSC, to lobby for the inclusion of criminal 9. Through the LDRRMO, enhance
and administrative punishments for erring training and exercises for Contingency
implementors and non-compliance of NCM Planning;
Policy;
10. In cooperation with NGOs,
3. Integrate NCM and NDRRM institutionalize training and education on crisis
Frameworks and systems for a more coherent and disaster preparedness and management
and comprehensive approach on Crisis and programs for crisis managers, planners, and
Disaster Management; responders in all government training and
4. Seek legislative sponsorship for an learning institutions to capacitate and develop
enabling law for the systematic integration of their capabilities;
Crisis and Disaster management. 11. Through the government training
Likewise, the implementation strategy and learning institutions, evaluate CMSS
options to effectively cascade the NCM Policy functions, reorganize and reorient its
were proposed as follows: personnel, and replace inefficient and
ineffective personnel and staff;
1. Exercise strong political will to
implement policies, plans, and programs; 12. Review and examine operational
concepts and principles of the NCM Policy
2. Engage international and local NGOs and develop strategies to effectively cascade
in the implementation of plans and programs the policy down to the lowest government
on crisis and disaster management; unit;
3. Involve all training and learning 13. Institutionalize training and education
government institutions in teaching Crisis for crisis managers, planners, and responders
and Disaster management tapping SMEs and in both private and public sectors, on the
utilize OCD platforms; principles and concepts, including Situation
Awareness processes stipulated in the NCM
4. Engage private and business sectors Policy.
in collaborative Risk Communication plans
and programs;
CONCLUSION The challenges and gaps that the Crisis
Management actors encountered while
It is important to note that the Philippine applying the 5Ps Framework in the NCM
NCM Policy was highly desired to shape Policy were identified, as follows:
the conditions of harmonizing “all crisis
management functions of government For Policy Challenges and Gaps:
agencies/ departments and stakeholders
1. NCM Policy has inherent issues
toward thinking and moving coherently
on sources of logistics, functions and on
and strategically over any types of crisis,”
the needs of the current times, and needs
because it “recognizes that threats, hazards,
dissemination; and,
vulnerabilities, and risks in the 21st century
security environment are interconnected 2. Lack of penal clause that would
with one crisis resulting into another crisis punish the implementors.
of varying proportions” (PMT NCMCM,
2012). Certainly, the Policy serves as a For Implementation Challenges and
major instrument to manage emerging and Gaps:
evolving crises, and operationalizes the
1. Failure in intelligence gathering,
National Crisis Management Framework
analysis, dissemination and response;
that “provides a comprehensive approach
to understanding the components of a 2. Poor leadership, management and
crisis, otherwise referred to as the 5Ps of decision-making;
crisis management: (1) Predict; (2) Prevent;
(3) Prepare; (4) Perform; and, (5) Post- 3. Lack of appreciation and
Action and Assessment.” These 5Ps “are understanding of the Crisis Management
interrelated crucial components of effective process and on the policy’s principles and
crisis management, but these components concepts;
do not happen in phases, whether sequential
or consequential”(PMT NCMCM, 2012). 4. Lack of coordination and
Presented findings on the extent of communication among all the stakeholders
understanding that decision-makers had on involved;
how to manage human-induced crises at 5. Lack of capacity and capabilities,
the national, regional and global levels and including technology appreciation, and skills
the extent of its implementation, is found training and development;
to be, in its entirety, a failure because of
insufficient cascading of the NCM Policy 6. Lack of threat assessment,
and to some extent, the lack of champions in environmental or horizon scanning, and
every sector of the society on best practices situation awareness;
that the Policy has made. Also, finally, the
results in the review of related literatures 7. Lack of national security culture;
and data collected indicated that there was
8. Lack of sense of responsibility and
an unwitting disregard and neglect on the
accountability;
importance of the PAA in the 5Ps Framework;
thus, the absence or lack of collating and 9. Lack of preparation and prior
promulgating mechanisms for best practices contingency planning; and,
and lessons learned in the PAA.

10. Volatile and unstable socio-political are four levels of operations: (1) National;
context as well as the presence of terrorism (2) Regional; (3) Provincial; and (4) City/
and violent extremism as realities in the Municipality/Barangay-wide. At all levels,
Philippines. there are crisis managers or decision-makers,
planners, and responders.
By examining the above-listed challenges
and gaps, it could be deduced that, while the On the other hand, political boundaries
results identified two challenges and gaps in have their own political jurisdiction –that,
the NCM Policy per se, these do not constitute even the President of the Republic could not
a revision of the Policy because they are just interfere with the political affairs of a city
seen as outcomes on the profound failure to or a province unless it affects national security.
cascade and advocate the concepts, principles, This is a reality on the ground which is founded
processes, and procedures contained in the on the Local Government Code of 1991.
Policy. Therefore, the issue was more on the
implementation of the Policy as projected While this Study was focused on the
in the gathered data of this Study. A minor strategic level of crisis management, the
amendment might be necessary to adjust the Researcher realized that it is necessary to
Policy to the needs of the times.By and large, consider all levels of political jurisdiction
the Philippine National Crisis Management because: (1) A national policy, no matter how
Policy is still effective and responsive to good the intention is, might become useless if
address National Security threats and hazards. not supported by the local government units in
Lastly, as one of the objectives of this Study its implementation unless in times of national
was to gather insights on how to cascade the emergency or crisis; (2) Local government
consciousness of national security to various programs or policies for crisis and disaster
stakeholders and the Filipino citizens at large. management may not be effective if national
The results had guided this Researcher in government does not provide the necessary
coming up with policy and strategic options resources; and, (3) Command and control
so as to apply successfully the approaches in relationship in crisis management is paramount
the NCM Framework and optimize the gains however, with the Local Government Code of
of the NCM Policy. The respondents during 1991, issues relative to this is a big possibility.
the interviews and modified FGDs provided
Moreover, the Researcher wished to
several options and through Stakeholders and
convey that there are strategic options for
SWOC Analyses, the suggested options or
long-term implementation and strategic
solutions were validated and two more options
options for medium-term and still others, for
were added. As a result, the analyses pointed
short-term. In Crisis Management, strategic
out four Policy Options and 13 Implementation
options for short-term implementation provide
Strategy Options.
the foundation for long-term strategic goals. In
Upon further examination of the available the same manner, there are long-term strategic
options, it turned out that they were interrelated. options that are necessary to create a condition
Meaning, they were interconnected and that will pave way toward accomplishing
support each other – that is, one option could medium- and short-term strategic goals.
not accomplish the overall purpose of this
Also, it has to be emphasized that
Study without accomplishing the other options.
reviewed literature pointed out that Crisis
This is because, in crisis management, there
and Disaster Managements are two multi-
disciplinary, but interrelated methods that one big, whole synchronized system.
require mutually-reinforcing strategies at all
levels so as to effectively address the threats, While there was a suggestion from
hazards, and their associated risks. This respondents (which was also indicated in the
means, there must be a Unity of Effort through SWOC Analysis) that integrating NCM and
a Unified Command in managing crises and NDRRM Frameworks into one coherent and
disasters. Likewise, past experiences would responsive standard in managing human-
tell us that the ones taking actions to a human- induced crises and naturally-caused disasters
induced crisis were also the ones responding is logical as an initial step toward attaining a
to emergencies and disasters of natural-causes. Unity of Effort through Unified Command,
it appeared to the Researcher that this should
Given these accounts, the Researcher be a subject for further study and validation
believed that it is more compelling and as there were no sufficient data to make this
responsive to adopt a holistic strategy all strategic option conclusive since this finding
throughout the process. Thus, the Researcher needed concurrence from all stakeholders.
concluded that a sequential and consequential Nonetheless, the integrated framework could
whole-of-nation approachutilizing all be a medium-term goal because it could be
available options and engaging all Crisis the basis for amending R.A. 10121 and E.O.
Management actors at all levels of crisis No. 82 s. 2012. However, it could not be an
management, is necessary to achieve the immediate solution to address the challenges
overall intent of this Study, and that was, to and gaps in enhancing the implementation
enhance the implementation of the Philippine of the NCM Policy. Still, its significance and
NCM Policy. This comprehensive strategy relevance to this Study is considered as one
will ensure that all systems in crisis and strategic solution for a mid-term goal that
disaster management will work together as warrants further study.
Figure 6.Holistic Approach in the Implementation of the Philippine NCM Policy

Implications and Recommendations 1. In line with the cascading and
advocacy of the enhanced NCM Policy, an
To enhance the implementation of the Executive Order or an Administrative Order
Philippine National Crisis Management shall be issued requiring all newly elected
Policy, the Researcher recommends that Local Chief Executives and their assistants
a holistic strategy using sequential and (Vice-Governors and Vice-Mayors) to
consequential whole-of-nation approach undergo a five-day seminar and training
be observed. This utilizes all available upon their assumption of office on Crisis and
options and employs all Crisis Management Disaster Management. Said seminar/training
actors at all levels of crisis management is shall be conducted by any of the following:
necessary to achieve the overall intent of this
Study. To note, the intent was to enhance a. National Defense College of the
the implementation of the Philippine Philippines;
NCM Policy. Generally, the desired end-
b. Philippine Public Safety College;
state (condition) of this Holistic Approach
on Enhancing the Implementation of the c. Development Academy of the
Philippine National Crisis Management Philippines; and,
Policy is to attain safer, secured, adaptive,
and resilient Filipino communities toward d. Local Government Academy.
sustainable development. In this light, Must be included in the said E.O. is an
the immediate goal is to enhance the administrative sanction clause that would
implementation of the Philippine NCM punish officials who fail to comply.
Policy using a holistic strategy. This will be
done through a sequential and consequential 2. In connection with the above,
whole-of-nation approach, utilizing all should be an issuance of an Executive Order
available options and employing all Crisis or through a Republic Act that incorporates
Management actors at all levels of crisis a subject on Crisis and Disaster Management
management. The Crisis Management to the curriculum of all college graduating
actors being referred to here are: The Crisis students. To include this as a subject in
Managers who are the decision- and policy- ROTC is also an option.
makers; the Crisis Management Planners and
3. Conduct audit/review and rationalize
Academe who execute the decisions made
the functions of the Crisis Management
through MOAs and MOUs for interagency
Office of the Office of the National Security
collaboration; and, the Crisis Management
Adviser. In line with this, operationalize
Responders who implement the MOAs and
the Situation Awareness Division of CMO,
MOUs through Contingency, Training and
ONSA to make it responsive to current crisis
Exercise Plans. The strategy is summarized
needs.
as shown in the illustration above.
4. A Policy allowing Secondment
To ensure the successful implementation
of military officers with a rank of Colonel
of the recommended strategy for the
or its equivalent in the Philippine Navy to
enhancement of the Philippine NCM
the Crisis Management Office, ONSA to
Policy, the following additional policy
augment its personnel.
recommendations are proposed:
Finally, integrating NCM and NDRRM The integrated framework serves as the
Frameworks into one coherent and responsive foundation supporting the functions of crisis
standard in managing human-induced crises and disaster management and provides the
and naturally-caused disasters as an initial rationale behind why things have to be done
step towards attaining a Unity of Effort to attain the ultimate purpose of enhancing
through Unified Command, the Researcher the implementation of the Philippine NCM
hereby proposes the illustrated Integrated Policy. It also guides all actions that pave
National Crisis and Disaster Management way toward accomplishing more challenging
Framework: tasks addressing both human-induced and
naturally-caused crises and disasters.
Figure 7. Integrated National Crisis and Disaster Management Framework
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Office of the President, RP.

SILVER
Philippine Offshore Gaming Operations:

An Economic Driver or a Security Threat?
SHEILLAH GRACE ESTRERA-VICENTE

ABSTRACT
The existence of the Philippine Offshore Gaming Operations (POGO) is marred with
controversy – on one hand, it is regarded as an economic opportunity mainly of its revenues
and taxes; but on the other, speculative reports on Chinese espionage, among others, spread
fear that the new industry poses a threat to Philippine security. This study intends to explore
the impacts of POGO on National Security. More specifically, it evaluated POGO as either an
economic driver or a security threat from secondary data available and through the parastatal
point of view. It utilized qualitative case study design involving twelve concerned Philippine
offices that mostly are stipulated in the Executive Order (EO) 13, series of 2017, known to
have strengthened the government's fight on illegal gambling and clarified the jurisdiction
and authority of agencies in the regulation, issuance of gambling licenses, and online gaming
facilities, and for other purposes. The findings indicate that POGO industry is recognized
to spring opportunities (mainly economic), but more importantly, issues that affect National
Security. Issues identified range from political, economic, social, technological, and military
aspects. The POGO industry’s potential is not limited to economy and security, but the
whole National Security. An Online Gaming Act and a Whole-of-Government approach are
recommended for the country to continuously enjoy the benefits while addressing its risks.
Otherwise, the POGO will remain an always be a threat not only to the military/public order
and safety aspect of the National Security but as a whole if the very agencies that supposed to
regulate them cannot and would not address their experienced challenges.
Keywords: POGO, Offshore Gaming Operations, Online Gambling, Online Gaming
INTRODUCTION
The Philippine Offshore Gaming Executive Order (EO) No. 13, signed by
Operations (POGO) is said to have started President Rodrigo Duterte in February 2017,
in 2003 and was illegally employing has clarified the jurisdiction of government
approximately 80,000 overseas workers agencies such as Philippine Amusement and
(PAGCOR, 2020). Then in 2004, the Cagayan Gaming Corporation (PAGCOR) and three
Economic Zone and Authority (CEZA) (3) other economic zones in regulating and
issued licensees to interactive/online gaming licensing of gambling and online gaming
operators. It is an example of an economic and strengthened the government efforts
venture that took the country by storm. in curbing illegal gambling (EO No. 13,
Some argue that the gaming industry in the 2017). The revenues the POGO bring to
Philippines will soon overtake the business the national coffers were boasted by no less
outsource processing (BPO) in the echelon of than the President during his 2019 report to
industries that have been synonymous with the nation (Corrales, 2019). In his speech,
dynamic revenue for the country (Ichimura, he commended the PAGCOR for earning
2019). In her report, Katrina Domingo billions of pesos collected from the state-
(2019) said that the POGO mushroomed regulated gambling enterprise.
in the Philippines when China prohibited
all electronic casinos from operating in the Taking a cue from the President
mainland. himself who openly endorsed POGO to

thrive under PAGCOR, some sectors are military is looking at the security risks the
praising POGO for its contribution to dollar POGO poses aside from the fact that some
flows and the country’s Gross Domestic gambling centers are very near military
Product (GDP), to local employment, and in installations, it is the potential use of the
generating economic activities (Sy, 2019). facilities for espionage (Mangosing, 2019.
Despite the observation that Filipino jobs
are being taken away, these Chinese have The absence of clear control measures
been hiring Filipinos for their drivers/ that would ensure POGO centers and hubs
security details and restaurant crew, among are utilized only according to its purpose
others. With these opportunities, it will be an sends a red light. Converting the facilities
understatement not to regard the potential for other purposes detrimental to the State's
of POGO in contributing to the achievement security is possible, considering China’s
of the Philippine society’s long-term vision National Intelligence Law. Girard (2019),
and aspirations to enjoy a strongly-rooted, writing about the real danger of Chinese
comfortable, and secured life by 2040, also Intelligence Law, points to Article 7, which
known as the Ambisyon Natin 2040 (NEDA, requires any organization or nationals to
2016). support and assist with State’s intelligence
efforts and keep such secret work known to
However, the revenue coming from the public. Therefore, any Chinese citizen
POGO may very well be balanced out by the in another country is obliged to send any
risks it brings. The idea that while POGO information to China.
is on the rise but the local employment
it is supposed to generate is acutely The POGO industry has also been
disproportionate significantly contributes credited to have caused an increase in crime
to the ongoing debate about whether this rates and petty violations of ordinances
venture should stay in the country (Santos, and existing laws and policies (Rey, 2020).
2019). In December 2019, it has employed Economic concerns are also put into question.
around 118,000 workers, where 82% are The July 2019 statement of the BIR to start
foreign nationals (FN). Moreover, the collecting withholding taxes from POGO
Chinese national are about 64% (Medenilla, confirmed the common concern of citizens
2020) and allegedly skewed the share of that POGO has not been paying correct taxes
Filipino workers in the said industry to a (Ichimura, 2019) chagrin of legitimate small
“small number” (Flores et al., 2020). Some businesses.
quarters are arguing that the country is not
With all the common criticisms of
benefiting from the POGO since it is not
POGO from various sectors and considering
appropriately taxed (Ramos, 2020).
the Cambodian experience, does the mainly
Moreover, the prevalent sentiment is economic promises of POGO brings benefit
that the throng of Chinese has necessarily to the country or is it rather a threat to
brought to question the issue of security. Philippine security that, in the long run, may
Some senators even warned that the planned hamper our progress in achieving the holistic
setting up of POGO in various areas growth of a strongly-rooted, comfortable,
adjacent to military installations could be and secured life by 2040? Thus, the primary
a sort of creeping invasion (Ramos, 2020). purpose of the study is to determine how
Additionally, Defense Secretary Delfin the Philippines can take advantage of the
Lorenzana commented that the Philippine opportunities while addressing the growing
61 Philippine Offshore Gaming Operations:An Economic Driver or a Security Threat?

POGO industry's challenges. Specifically, of POGO?, (3) how do these challenges
it answers the following questions: (1) impact National Security?, and (4) what
what are the opportunities brought about policy recommendations could be drawn to
by the rise of POGO?, (2) what are the take advantage of the benefits and address
challenges encountered by the concerned National Security issues that arise out of the
government agencies in the implementation POGO industry?
Offshore Gaming Operations (OGO) but costly and requires integrity. Ellie
(2018), mentioned that prior to having one,
Technology advancement and the familiarity with local and international laws,
internet have made access to gambling as well as the specific requirements of the
easier and into many forms using different Gambling Regulatory Board, are essential.
platforms. Gambling has taken a leap through Requirements, processing fees, and tax differ
two terms, which are used interchangeably from one country to another. Once an initial
and synonymously, Online Gambling or permit is obtained, the licensee has to have
Online Gaming (Deverensky and Griffiths, their casino providers like Microgaming and
2019). Not much is being published or NetEnt that could provide a variety of games
researched about “Offshore Gaming” in that meet the standards of the Regulatory
books and even on the internet, but the Board. This set up is similar to the cases
Empire Global Partner, a Professional of some Association of Southeast Asian
Consultancy Service defined it as a private Nations (ASEAN) countries, including the
individual or corporation from a foreign Philippines.
jurisdiction given the Gaming Licenses and
companies to operate from a country where Offshore Gaming in some Southeast Asian
gambling is regulated. Countries
The laws legislated purposely Cambodia. David Hutt (2019) reported

for offshore gaming industry finds the the Cambodian government willingly
legitimacy of its existence through it. The “turned over” the tourism sector to Chinese
most economically stable countries like the visitors arriving for Gambling, boxing out
U.S, Canada, France, and UK have adopted the traditional tourist market of Western
laws which regulates the operations of backpackers, and downplayed concern about
Online gambling specially those which are the tension between the Chinese community
conducted by offshore companies. Relatedly, and the local population. The influx of
it also settles some gaming jurisdiction and Chinese in Cambodia was seen as part of
taxation issues (OGS, 2020) Beijing’s global ambition. The enormous
Chinese investment in Cambodia could turn
Offshore Gaming Sector includes other Sihanoukville, a sleepy city of Cambodia,
sectors like online casinos, sports betting, and into a business district. Fast forward to 2019,
multiplayer online gaming, and these require Murg (2019) reported an occurrence that was
the internet to attract potential customers. dubbed as “Great Chinese Exodus of 2019.”
Setting up a heavily regulated business- It was said that an estimated 10,000 Chinese
like Offshore Gaming License is procedural citizens left Sihanoukville immediately after

Phnom Penh announced the banning of while the number indeed rose, crimes also
Online Gambling. It is noted by Hutt (2019) increased. Solana (2017) discussed that the
that the reason for the U-turn was to “help Vietnamese police busting a $13 million
reduce the number of crimes because some worth online gambling ring. It is noted that
Chinese nationals get involved in crimes gambling is illegal in Vietnam outside of a
such as kidnapping and extorting money.” state-run lottery and a few foreigner-only
He emphasized that Cambodian Prime casinos. In 2018, the Agence France-Presse
Minister Hun Sen announced neither issuing posted news about Vietnamese police busting
new licenses nor renewing the current grants a $26 million-worth online gambling ring.
of online gaming operators, saying that Then, in 2019, Khanh Vu of Reuters reported
“Cambodia needed to develop the country that 380 Chinese were arrested in Vietnam for
based on her natural and cultural heritage running an illegal online gambling operation.
tourism but not based on income from online Heeding the Vietnamese government's call,
gambling.” Apple was reported to have taken down
gambling apps (Nguyen, 2019). Vietnam had
On the political side, Nikkei Asian sought to remove 29 apps from the App Store
Review (2019) looks at the possibility of between July and December last 2018. Said
politicians receiving largesse and bribes apps were predominantly related to illegal
from operators of online gaming in order gambling. Like the case of Cambodia, the
to be allowed to continue operating in recent developments in Vietnam indicate the
the country (Venzon, 2019). Moreover, general sentiment of the leadership, if not the
Silverstein (2019) suspects that this could entire government, of the perils of the online
be a show, a “lay low and regroup period,” gaming industry.
implying that Cambodian politicians are
very much susceptible to bribery. Whatever Philippines. Offshore gaming refers to
the case may be, whether the politicians in the games of chance or sporting events via
Cambodia shall succumb to bribery or not, the internet using a network and software or
and whether or not the top leadership shall program exclusively to offshore authorized
back down from its decision to ban the players (OGRM, 2018). It is locally known
online gaming industry, it has been made as Philippine Offshore Gaming Operations
apparent to everybody already that Phnom (POGO). The existence of POGO in the
Penh has weighed the pros and cons of the Philippines is anchored from Executive
online gaming and has reached a verdict Order No. 13, signed by President Duterte
already. However, cliché, as it may sound, to last 2017, which strives to fight Illegal
reach a verdict, is one thing; implementing Gambling and clarifies the jurisdiction and
such verdict is another thing. authority of respective agencies involved
in the regulation and licensing of gambling
Vietnam. Vietnam is a small Asian and online facilities, and for other purposes.
agricultural country that is now slowly This is the offshoot to the widespread clamor
adapting to technological advancements to curb illegal gambling in the country and
including online gaming. It was projected to maximize and secure revenue from legal
last 2016 that Vietnam’s revenue from online gambling.
gambling would reach 200 million dollars
by 2021 annually, to reach 200 million US The PAGCOR’s authority as the sole
dollars by 2021 (Le, 2019). Nevertheless, government corporation authorized to

conduct and establish gambling activities • House Resolution No.
in the country is stipulated through the 136, introduced by Rep. Bernadette
Presidential Decree (PD) 1869. It makes Herrera-Dy – directing the appropriate
PAGCOR as the blanket regulatory agency House Committee of the House
overall domestically-based gambling; thus, of Representatives to conduct an
technically, it does not have any control investigation, in aid of legislation on
over offshore gaming operations beyond the inflow of foreign workers in the
its jurisdiction. This further suggests that Philippines and for concerned agencies
the Philippines does not have any existing to expedite their joint memorandum
Internet Gambling law that controls the that imposes additional working visa
players and gamblers outside the Philippine requirements on foreign workers
territory (Vitangcol, 2017). Currently,
there are bill proposals in the House of • House Resolution No. 292,
Representatives. introduced by Rep. Virgilio S. Lacson
– directing the committee on Labor
The Philippine Government and POGO and Employment and the Committee
on Games and Amusement, and other
EO No. 13 has called government concerned committees to conduct an
agencies’ attention to cooperate and work investigation, in aid of legislation, on
together in the implementation of the the alleged violations of our country’s
mentioned EO. This is government’s most immigration and labor laws by POGO
of straightforward way of encouraging the operators
whole of government (WOG) approach.
Some of the government agencies mandated Regulators
to support EO 13 includes: Bureau of
Immigration (BI), Department of Labor and The EO No. 13 clearly
Employment (DOLE), Philippine National stated the government’s efforts to fight
Police (PNP), Department of National against illegal gambling and defined the
Defense (DND), and Bureau of Internal jurisdiction and authority of PAGCOR,
Revenue (BIR), CEZA, APECO, and AFAP in the
regulation and issuance of licensees for
On-Going Legislative Efforts gambling and online gaming facilities.
The Congress actively passed Economic Drivers

bills that best protect the interest of the
country and its citizens. The sensitivity The study of Williams and Rehm (2011)
of the POGO industry’s operations suggests that the most consistent impact
has been acknowledged that Congress of gambling is an increase in government
moved to address identified concerns revenue, public services or social benefits,
through the passage of the following property values. On the other hand, Basham
bills: and White (2002) focused the economic
benefits of gambling from the revenues and
• House Bill 5267, filed by taxes the government has collected, its effect
Albay Representative Joey Salceda – on employment and tourism and the social
seeks to clarify whether taxes should be benefits it has supported to the community.
imposed on POGO employees

Revenue, Taxes, and Gross public services and socio-civic projects,
Domestic Product Contribution. In a including anti-poverty programs, sports
report by PAGCOR (2020), the country development, health, education, peace,
has earned high revenues from POGO and others.
licenses and fees since it started in the
last quarter of 2016. Moreover, an email Property Values. Ibarra (2018)
received from Atty. Sixto Dy Jr. of the argues that POGO is contributing to the
BIR showed that the agency collected a government's nation-building program.
total of 8.408 billion pesos for the last two The most observable of which is seen
(2) years—PhP 2.38 billion in 2018 and in the property sector. Gregorio (2019)
PhP 6.42 billion in 2019. The revenues reported that the offshore gaming had
and taxes collected have shown a huge been the fastest growing industry in
contribution to the national coffers, the local office market since President
but the overall impact of POGO to the Rodrigo Duterte took office in 2016.
economy is reflected in its contribution By third quarter last year, POGO has
to the Gross Domestic Product (GDP). A taken over BPO as the biggest market
document obtained from the Philippine for demands of office spaces (Abadilla,
Statistics Authority (PSA) showed that 2019). The increase in demand for office
POGO has contributed to the GDP as spaces in Metro Manila soared in the past
follows: 2017- 0.06%, 2018 – 1.1%, and three years, from a mere nine percent
for 2019, it is 1.0%. (9%) share to thirty-six percent (36%)
in the first half of 2019. A similar trend
Public Services. The 2018 is seen in the residential condominium
PAGCOR annual report stated that it industry, with rates skyrocketing by
made ₱32.23 billion contributions for eighty percent (80%) in Bay City in
socio-civic programs. The report further the last three years. David Leechiu,
mentioned that the Philippine gaming President and CEO of Leechiu Property
industry's Gross Gaming Revenues Consultants, mentioned that the POGO
(GGR) reached ₱216.26 billion – a industry currently occupied an office
22.52% leap or ₱39.76 billion higher space of 1.7 million sqm and 2 million
than the ₱176.50 billion GGR in sqm of residential space. (Gonzales,
2017. In April 2020, while the nation 2020). Indeed, this is a boon for the
was grappling with the pandemic, the economy.
PAGCOR released a total of ₱14.5
billion for the Socio-Civic Funds Project Employment. The Department
(SCFP) of the President. The POGO also of Labor and Employment (DOLE) in
donated ₱150 million for the country's December 2019 has reported that POGO
relief efforts and the personal protective currently employed 118,239 employees
equipment and food packs for front liners of which, 97,283 are FNs while 20,956
(PAGCOR, 2020). With such revenue, are Filipinos. About 77% of the FNs
the PAGCOR seems to be poised to are Chinese nationals (Medenilla,
finance well its public services. The 2019). Lawmakers voiced concerns
PAGCOR website claims that the agency that Chinese employment in the POGO
is a significant benefactor to several is depriving Filipinos of jobs (Santos,

2019). Operators prefer native speakers, often associated with the increase in crime
rather than those who just learned the rates of the National Capital Region.
language from school. However, the
perception that they are taking what is Crimes. Domingo (2020) reported that
supposed to be for the Filipinos cannot the influx of Chinese workers was allegedly
be reasoned out with technicalities. The linked to the increase in Metro Manila
pedestrian knowledge is that companies crimes. Sen Sherwin Gatchalian was quoted
that are set-up in this country should hire as saying, “Criminalities go where POGOs
the locals. In the second quarter of 2019, are” (Romero, 2020). Sy (2019) provided a
the DOLE in coordination with other list of the non-economic consequences of
government Agencies like came up with welcoming the POGO industry. Indeed, with
a Joint Guidelines No. 01. It is a policy one vice, comes many others. Thus, he says,
that covers the issuance of work and we can all expect an uptick in prostitution
employment permits to FNs. Section 5 and trafficking of women, both local and
of the document explained that AEP is foreign; alcoholism; smoking bans rendered
issued to a FN only after determining ineffective; criminality; organized crimes;
that no person in the Philippines who is money laundering; harassment of borrowers;
competent, able and willing during the kidnapping for ransom; beatings; knifings;
duration of application, can perform the killings; ambushes; and many others.
services that the FN desired.
Money Laundering. The Risk
Perceived Challenges and Impact to the Assessment on the Philippine Internet-Based
National Security Casino Sector conducted by the Anti Money
Laundering Council (AMLC) in March
Military. The Philippine Military is 2020 showed that Internet-Based casinos
mandated to uphold the State’s sovereignty, are classified as highly vulnerable to Money
protect and support the Constitution, and Laundering (ML) due to the very nature of
defend its territory from all enemies. It the industry (AMLC Report, 2020). In March
is bound to ensure that its citizens enjoy a 2020, the Philippine Senate has investigated
peaceful environment and free from any allegations that POGOs are linked to ML
forms of threat. The recent proliferation transactions. In the mentioned Senate
of POGO in the country raised questions Committee hearing, the AMLC reported that
and also resulted in challenges that caused from 2017 to 2019, POGOs have suspicious
animosity in the security sector due to the transactions amounting to P14 billion pesos
following: perception on the implementation and 138 million, linked to drug trafficking.
on China’s National Intelligence Law of The AMLC requested that the conduct of
2017, the threat of a possible Chinese Trojan POGO licenses be reviewed to prevent the
Horse, and weaponizing technology. rise of money laundering cases (CNN Phil
Staff, 2020).
Public Order and Safety. One of the
significant foundations for a growing, trusting Economic Threats. POGO is an
and resilient society that competes globally economic contributor, yet much dependency
is Peace, Public Order and Safety (PDP, harms the economy, especially if a sudden
2017). It ensures the internal security of the pullout happens. Although, this was
State, whereby its people and their property downplayed by BSP Governor, Benjamin
are protected. The activities of POGOs are

Diokno, who was quoted saying that it has Filipino dream. And for this, the Filipinos
little impact on the economy (Cordero, may actually end up hating the Chinese
2020). AMLC also disclosed before the who caused the skyrocketing housing
lawmakers the result of their study on the rental. The report of Santos (2019) that
possible economic impact if the POGO income taxes were not being collected from
industry suddenly disappeared in terms of POGO workers is a grievous wrong that the
the country’s financial flow (Medenilla, Filipinos will not take sitting down. Reports
2020). abound this issue has become the focal point
of emotional discussions in the social media
Revenues and Taxes. Last July 2019, that even borders on racism.
Finance Secretary Dominquez admitted
that the government foregoes revenue Techno-Specific
of about P2 billion a month for every
100,000 unregistered illegal offshore There is a close relationship between
gaming operations workers that do not pay gambling and technology that has snowballed
withholding tax on their earnings, or about over the years. Owners of casinos and online
P24 billion a year (Vera, 2019). In addition gambling operators continuously find ways
to avoiding taxes, the Chinese are also to improve their systems in order to be in
reported to be dodging immigration laws. pace with the development of technology.
Santos (2019) reported that government One of the industries that benefitted the
officials acknowledged the influx of Chinese techno-scientific of technology is online
POGO workers, who are working illegaly or gaming or online gambling. One advantage
without proper documentation. of the online casino or online gambling
is its accessibility wherever they are
Employment. Lawmakers have (Upgrade, 2019). One of the challenges
articulated concerns that the employment of among governments of countries which
Chinese nationals in POGOs are depriving accommodated online casino as an industry
Filipinos of jobs (Santos, 2019). But, Herrera- is to keep pace with technology or else
Lim (2019) claimed that, technically, POGO they could not protect their State from the
workers did not take jobs from Filipinos different crimes it brings. In the Philippines,
because of the language requirement. Online it took steps to fight cybercrime, considering
gaming operations need Chinese-speaking that 37 of every 100 Filipinos are using
employees. Operators prefer native speakers the internet. In 2012, the Cybercrime
rather those who just learned the language Prevention Act of the Philippines (Republic
from school. But the perception that they Act 10175) took effect and aimed to prevent
are taking what are supposed to be for cybercrimes, protecting and safeguarding
the Filipinos cannot be reasoned out with computers and other communication
technicalities. The pedestrian knowledge is systems and networks from being exploited,
that companies that are set-up in this country abused and illegally accessed. Despite this
should hire the locals. legal basis, cybercrimes attained a high rate.
Additionally, the availability of its human
High Rental Rates of Office. In the resources remains a challenge; in 2017, the
analysis of Herrera-Lim (2019), he said country only has 84 Certified Information
that the demand for housing has jacked Systems Security Professionals (Parcon,
up rental prices. Affordable housing is a 2017).

With the mentioned premise, our Philippine Sea dispute. He correctly noted
country's capability to protect, deter, and that most of the pundits suspect the timing,
deny access to those launching cyberattacks considering that the Philippines has just
through the internet and even to utilize the won a monumental victory in the Permanent
POGO as the platform is posing a huge Court of Arbitration.
question. The DICT Chief, former Senator
Honasan in an interview, mentioned that the On the South China Sea issue, as
country is capable, but it requires an inter- reported by Tiezzi (2019), “Xi called for
agency effort to address it. both Beijing and Manila to push forward
on a Code of Conduct currently under
Philippine-China relations negotiation between China and the 10
ASEAN member states. Calling the Code
Pivot to China of Conduct (COC) a “pioneering work” for
establishing rules and order in the South
The so-called “Pivot to China” has
China Sea, Xi said the two sides should aim
been noticeable when President Duterte
to see the agreement concluded by 2021
came into power. In an article written by
or earlier.” Moreover, same news article
Ibarra (2017), it is chronicled that in October
mentioned that China announced that its
2016, Duterte, during his State visit to China
agreement with the Philippines to establish
announced that he has “separated” from the
the inter-governmental steering committee
US to be “dependent” on China “for a long
to push for joint exploitation/exploration
time.” He argues that the act of the president,
in the disputed waters and pursue long-
being the highest foreign affairs office of the
term bilateral cooperation. Such long-term
land, shows that he is a realist and one who
bilateral cooperation is manifesting in the
understands realism and geo-strategy. He
recent surge of the POGO in the country.
pointed out that moving distance from the
US “would allow the Philippines to establish A boon or bane
security partnerships with other powerful
countries in a multipolar world.” Said At the end of 2018, Manhit (2018) have
article puts, in a nutshell, the move of the summarized the Filipinos' general sentiments
president. He said that “China’s economical over the growing Philippines-China
offerings present an acceptable alternative relations. He asked whether the Filipinos are
to US reluctance in both security and benefiting from the strength of the revitalized
economic matters and ASEAN’s fragmented Philippine-China relations. He argued that
support, thus prompting the “pivot.” The many political observers agree that the
Philippines would simply be mirroring “the Duterte "administration's soft stance on the
careful balancing the other Southeast Asian issue of militarization in the West Philippine
countries have long been doing with the two Sea generated more gains for Beijing than
great powers.” Manila." The actions (or inactions) are
said to be losing any country's leverage
However, he warned that there is coming from the victory in the arbitration.
no consensus on the Philippines’ foreign He also observed that some legislators also
policy shift to China. He pointed out that expressed their weariness over the influx of
analysts disagree on whether the “pivot,” Chinese workers in the country, which may
essentially a revitalization of relations with rival the local workforce. Relatedly, more
China, is the correct way to manage the West than 119,000 Chinese "tourists" have found

Figure 1. Conceptual Framework
a way to shy away from labor regulations to and government agencies enabled issues to
gain temporary employment in the country. emerge. This accumulated knowledge was
The author warned that the Philippines' then utilized to investigate how Philippine
foreign policy "is not a mere tactical move, agencies regulate, enforce, and coordinate
and it has more meaning to it, and it carries among themselves in the implementation
strategic implications in the fields of politics, of OGO. For the licensing part, PAGCOR
economy, and security. The Philippine was engaged to provide a window on the
government should have taken conditions experience and issues of offshore gaming
and factors into consideration as it makes its regulator in the country. Meanwhile, the
pivot to China” (Manhit, 2018). Leadership and Executives of the different
Agencies and Bureaus shared their views
Conceptual Framework and accounts of the OGO. Moreover, the
different national government agencies that
The conceptual framework above
directly and indirectly affect POGO and vice
illustrates the process of how the study sees
versa were also involved in eliciting insights
the link between POGO and the Philippine
and discovering entry points used as a guide
National Security through the parastatal
in crafting policy recommendations.
point-of-view. The related literature above
depicts the relation and experience of selected These insights were sifted on whether it
Southeast Asian countries in terms of OGO, falls as part of opportunities or challenges, or
specifically Cambodia and Vietnam. The outside and between these two factors. The
previous analysis of their experience in terms collated and perceived regulatory issues that
of licensing body (regulator) and leadership surfaced were brought back to the concerned

agencies for their action or conduct of the Philippines can optimize the POGO to enjoy
further study. On the other hand, those its opportunities. In contrast, its challenges
challenges that fall under National Security, and perceived threats to National Security
the study deliberately solicited the NSC are at least mitigated, if not adequately
position on this. It was utilized to enrich the addressed. It is hoped that the provided policy
data and explore possible synapses on these recommendations and interventions would
pieces of information. These challenges, mitigate risks of continued accommodation
with the identified opportunities, were of the POGO while the State fully enjoys the
scrutinized to develop insights into how the benefits of its hosting.
METHODOLOGY
The study deemed it to be among the update to investigate development on the topic
pioneering scientific investigation of POGO of interest is highly recommendable. As in
to the Philippine National Security. Launching any case study design, various data collection
from this context, it is only apt to attempt methods are necessary to gather relevant data
to provide a comprehensive descriptive from different sources. Such methods include
analysis of how POGO works in the country, document analysis, key informant interviews
at least from the lens of concerned agencies (KIIs), and modified focus group discussion
and offices. Utilizing a qualitative research (FGD).
design enabled the researcher to achieve
One subject matter expert (SME) and
the mentioned overarching objective. The
one technical expert (TE) were targeted to
success of this study in its attempt to provide
represent the participating offices through
a comprehensive background on the subject
a semi-structured interview, a written
matter is also due to the application of a case
questionnaire, and a modified focus group
study design. It enabled the researcher to
discussion. The seven (7) participants
understand the impacts of POGO on National
that were both SME and TE represented
Security through information sources such as
were the following: Atty. Victor Padilla of
peoples and their interactions, which naturally
the Philippine Amusement and Gaming
exist, making it context-specific (Hyett, Kenny
Corporation (PAGCOR-Padilla); Ms.
& Dickson-Swift, 2014). As Gerring (2007)
Rosalinda Pineda of the Department of
pointed out, there are certain cases that an “in-
Labor and Employment (DOLE-Pineda);
depth knowledge of an individual example is
Atty. Kristoffer Laidan of the Department
more helpful than a fleeting knowledge about
of Information and Communications
a larger number of examples”. When applied
Technology (DICT-Laidan); Atty. Allan
to the subject matter context, the case study
Julius Azcueta of the Anti-Money Laundering
design comprised the narratives from study
Council (AMLC-Azcueta); Undersecretary
participants of agencies that complemented
Cesar B. Yano of the Department of National
the knowledge from existing secondary data.
Defense (DND-Yano); PCol Arnold Thomas
It is also worth stressing that since case study
C Ibay of the Philippine National Police
is bounded by time and place, it means that
(PNP-Ibay) and a municipal mayor who
replication of the study is impossible, but an

requested not to be identified (LGU-Mayor). (BSP-Hernandez); Director Cyril P. Cusi of
the National Security Council (NSC-Cusi);
Other involved participants as either Representative Manuel E. Zamora (Rep-
SME or TE were as follows: Atty. Sixto Zamora); and a representative from the
Dy Jr. of Bureau of Internal Revenue Department of Justice (DOJ). As a guide for
(BIR-Dy); Atty. Tobias Javier of Bureau data collection and analysis, it employed the
of Immigration (BI-Javier); Mr. Roy R. Thematic analysis.
Hernandez of Bangko Sentral ng Pilipinas
RESULTS AND DISCUSSION
Opportunities brought by the Rise of agencies’ understanding of POGO fitted

POGO its official description available for general
consumption. The in-depth knowledge of
The participating agencies understood three KIs are attributable to the role of their
POGO as online gaming or online agencies of DOLE and PAGCOR while
gambling. According to Deverensky and DICT’s exposure in technology which is
Griffiths (2019), these two terms are the very nature of POGO. The common and
used interchangeably and synonymously, general idea of other participants could be
which fitted how they understand POGO. attributed to the novelty of the industry. This
Moreover, some representatives of is further assumed that for most participants,
participating agencies exhibited a more in- PAGCOR is known, or the only known,
depth knowledge on the stakeholders and regulator of POGO.
processes of POGO like that of PAGCOR-
Padilla, DICT-Laidan, and DOLE-Pineda In terms of its benefits, many
specifically mentioned Generalao’s participating recognized that POGO is a
(2019) POGO’s reported definition which source of revenues and taxes as PAGCOR,
mentioned electronic means as its platform. BIR, and PSA (2020) reported. According
Moreover, BI-Javier and PAGCOR-Padilla to the foremost agency mentioned, POGO
stressed the prohibition of Filipinos as its shared PhP 193 billion or 1% of the
clients that supported PAGCOR, OGRM Philippine GDP for 2019 which exceeded
(2018) account. AMLC-Azcueta specifically the DND’s budget for the same year. The
stated physical casinos, table games, slots, GDP contribution of the industry do not only
and sports-betting as its component, which reflect the revenue and taxes the government
is often not stated in literatures available. has collected but more what NSC-Cusi
It has also been observed that only NSC- described as a windfall effect to contaminant
Cusi stated about PAGCOR as its regulator, industries which provide jobs in food
which means that three other regulators – the services, transport, real estate, housekeeping
CEZA, APECO, and AFAB – did not surface and even tourism to name a few. In terms of
in their discussion. Moreover, the EO 13 that real estate, this becomes also beneficial for
legalized POGO and the number of licensees owners as demand for office spaces in Metro
and SPs were also put into hindsight. Manila have steadily increased in the past
This is indicative that the participating three years (Gonzales, 2020).

Moreover, its contribution and potential said data showed that out of 1,726 CIC, only
to improving social services and nation- 29 are POGO-related from 2017 to February
building, as Ibarra (2018) mentioned, were 2020. The 1.6% cases involving POGO
acknowledged. According to PAGCOR- workers versus the narratives from the media
Padilla, his agency can generate more are overwhelming. It could be inferred
revenues for its various nation-building that CICs were taken as POGO related
projects – such as provision of better health cases and that created a social construct
services for indigent Filipinos, relief response that anything that is Chinese, whose jobs
to communities in times of calamities, among involved computers (without knowing it as
other notable endeavors that will help uplift legal or illegal) and involved in crimes are
the lives of marginalized Filipinos. While that of POGO. This is suggestive that CIC
for BSP-Hernandez, revenues can be used to may be regarded as POGO cases even at
fund socially beneficial government projects the parastatal point of view. DND-AFP and
and advocacies which relates to BI-Javier’s LGU also stressed that we have something
statement: it really gives us more taxes to lose… on the security aspect (DND-
and income for the government that could Yano) and it is disadvantageous in terms of
go to better benefit for the projects of our National Security knowing the crucial hot
President. This is indicative that POGOs are issue on West Philippine Sea (LGU Mayor)
generally perceived beneficial in terms of which relates to Mangosing’s (2019) report
its potential to contribute in economy that that some gambling centers are very near
can be used to improve social services for military installations which can be used for
the Filipinos. In contrast, two participating espionage. This is further aggravated by 2017
agencies did not see any benefits from China’s National Intelligence Law which
POGO at all which reflects the level of stressed the Chinese citizens’ obligations
appreciation at some agencies may be low to support and assist national intelligence
and could be attributed to their roles as LGU works. Though it is good to know from
and as a Prosecutor. Meanwhile, POGOs FGD-AFP who works at OJ2, AFP that until
were not seen as beneficial in terms of now, they have not received and drafted any
security sector which is indicative of a gap in official report related to espionage activities
linking POGO’s contribution to the national of the Chinese, this should not also be the
coffers, yet the potential of the security basis to let the AFPs guards down since the
sector as a beneficiary of its economic absence of reports would not necessarily
benefits is a possible strategy to address the deny their presence. The Intelligence Service
disadvantages that will be mentioned in the AFP and the AFP CyberCrime Group must
next paragraphs. take a pro-active stance on its intelligence
gathering that would safeguard the territorial
In terms of its disadvantages, primary integrity and sovereignty of the country.
and secondary sources mentioned and Additionally, doing so, would support the
confirmed a number of security-related Military and Border Security, which is one of
issues. POGO as contributing to the the government’s National Security Agenda.
rise of crime rates was verified from the
participating agencies’ statements as Rey Moreover, economic disadvantages
(2020) reported. However, data gathered surfaced as well. AMLC-Azcueta and Rep.
from the PNP-DIDM disproves this. The Zamora raised issues on non-payment of

taxes which Ichimura (2019) reported. The thus regarded themselves performing roles
participating agencies, along with lawmakers on regulating, enforcing and collaborating
as Santos (2019) wrote, that POGO as agencies. Specifically, DOLE confirmed
depriving the Filipinos from employment. Medenilla’s (2019) report on their role on
In contrast to this, the Section 5 of Joint the issuance of AEPs which is suggestive
Guidelines No. 01, s. 2019 among DOLE, that they regarded their agency as having
DOJ, BI and BIR stated that FNs can only a regulating role along with AMLC for
take the job after determination of the non- AML-CFT purposes, and BIR-Dy for tax
availability of a person in the Philippines who regulations. Other participating agencies that
is competent, able, and willing at the time understood their role other than regulating
of application, to perform the services for and enforcing were Rep. Zamora who saw
which the FN is desired. This indicated that the legislative having an oversight function,
the said agreement is yet to be mainstreamed and the LGU as accommodating POGO.
among the concerned agencies – more Meanwhile, the NSC said that it serves as
worrisome is that even the FGD-DOLE, an overarching body who collaborates with
who worked in the very institution that is different agencies on different aspects of
mandated to implement and provide updates National Security. It is this author’s opinion
to clarify misconceptions, raised this issue. that the provisions of EO 13 is not enough
In addition to this, participating agencies to address the complications of a POGO
had identified the following disadvantages industry especially that it involves fast-
that were not present in available literatures: changing technology. An implementing
enforcement issues (AMLC-Azcueta), Guideline (IG) or an Implementing Rules
systemic risk in banking (BSP-Hernandez), and Regulations (IRR) should have been
public animosity (LGU), corruption (FGD- published. In a wider perspective, a proposed
DOJ), and congestion of wireless networks Online Gaming Act has the potential to
(DICT-Laidan). settle the issues concerning industry and
the concerned agencies involved. The law
Challenges encountered in POGO is perceived to resolve issues on taxation,
cybercrime, and money laundering among
According to EO 13, PAGCOR and
others. It is worth noting that the DICT did
three other ecozones hold regulatory powers
not see themselves having a role in POGO
over POGO in their respective jurisdictions.
affairs, which is clearly stated in the EO. A
PAGCOR-Padilla confirmed this mandate,
legislation of an Online Gaming Act similar
except that all order participating agencies
to that of other countries like Singapore
did not mention any of these bodies. This
and Vietnam would likely resolve various
may show that they only associate POGO
interrelated issues of the government
with PAGCOR – and ecozones are out of the
agencies.
picture.
The participating agencies also
Moreover, the EO 13 also mentioned
identified economic and security issues on
that all government agencies and authorities
POGO which, some were already identified
such as PAGCOR, CEZA, AFAB, APECO,
from the secondary data. For its economic
BIR, BI, BOC, ALMC, DILG, DICT, and
issues, the presence of illegal workers,
PEZA are concerned agencies on POGO.
the non-payment of tax, and wasting of
These agencies have different mandates
government resources were identified. The

perceived challenges on the economic issues Laidan’s respective statements on the limited
could be addressed through enforcement capability of AFP Cyber Command and
of stringent measures of the concerned National Privacy Commission’s compliance
agencies. On the other hand, the reports with the Privacy Impact Assessment should
of Domingo (2020) and Romero (2020) be monitored. The DICT plays a significant
that cited Senator Gatchalian’s position in role in the existence of POGO considering
linking POGO to the increasing number of that the nature of the industry is more on
criminalities is contestable considering that technology. The current capability of the
data gathered showed very low percentage agency must be more advance if not at par
of the “POGO related cases” within the data with the generally accepted technology and
of CICs. infrastructure that the other countries used
in controlling their Gaming industries. The
It is worth highlighting that there are lessons learned from the experiences of
no literatures available that mentioned any Cambodia where it closed the industry due
security concerns within the agencies. In to their incapability to cope with the new
contrast to this, primary data discovered a technology (Sopheakpanha, 2019) must be
number of security issues on public order and taken into serious considerations.
safety that focus on crimes and its military
aspects. For its military aspect, Rep. Zamora From the challenges gathered both from
alarmed that POGO hubs are even established primary and secondary data, it is noteworthy
near military or naval installations, such as that all identified challenges were sparse
the resort formerly known as Island Cove in and it is not determine which among these
Cavite. This concern along that of other issues challenges are the most pressing. This
like China’s interest in the West Philippine research is an attempt to consolidate these
Sea, silent invasion and the probability of issues and identify which among them do the
espionage are all relevant considering that the agencies mostly relate and put greater weight.
country’s territorial integrity and sovereignty Data shows that the most pressing issues are
are stake. It is good to note that according to lumped as others and not economic- nor
DND-Yano, “It is something we try to guard security-related. Among these non-economic
against. Pero parang wala pa naman akong and non-security challenges, it is interagency
naencounter na report that ties POGO with gap that surfaced as the most pressing.
espionage.” According to participants from Meanwhile, the public misconception
AFP, despite absence of official reports on was raised as almost at the similar level as
espionage activities, they have been taking security-related issues as what PAGCOR-
measures in addressing this issue especially Padilla stressed in public misconception.
that some provisions (Sections 7 and 14) DOLE-Pineda also raised that this had
of China National Intelligence Law really negatively affected the morale of public
stirred a concern. servants like her as she felt that her work is
unappreciated. The misconceptions about
Systemic issues were brought up which POGO is attributable to the complexity on
is suggestive that their issues are internal and the nature of its operations as well as being
that their concerns are more focused on their a new industry in the country. This could be
limited capability that hinder them from addressed by the concern agency through
effectively performing their mandate. Such use of an effective strategic communication.
case is reflective of DND-Yano’s and DICT- PAGCOR has initially started this with their

primer on “The Truth about POGO”. Though, sudden withdrawal of the industry from the
its content had some flaws and must have country would create a negative effect to
been presented with evidences, however, it the economy aside from the current labor
was a good starting point to address POGO employment it has created. This claim,
misconceptions. however, was downplayed by BSP Governor
Diokno that sudden pull out of POGOs could
Also, the coping mechanism found in be managed since most office and residential
the gathered literatures is the DOLE, DOJ, space renter were covered with a one year
BI, and BIR Joint Guidelines (JG) Number advance payment (Cordero,2020).
1, 2019 wherein one of the salient provisions
explicitly stated that only when there’s no Meanwhile, the issue on the proper
available person in the Philippines who is taxation raised has implications to National
competent, able, and willing that a foreign Security considering that it is the lifeblood
worker secure the job. This is part of one of the country. There should be clear
of the four mechanisms that they adhered identification on the status of POGO as an
which is coordination between and among industry and its taxation. The author opines
agencies. Ironically, this coping mechanism that this concern could be addressed through
is also identified as among the pressing an Online Gaming Act which would set
issues that agencies face. We can deduce the guidelines, control, and enforcement of
that the existence of interagency cooperation Offshore Gaming Operations.
and collaboration is existing, but may not be
effective and requires improvement. Other On the other hand, the security-related
mechanisms surface include improvement issues, Yamsuan (2019) positioned that the
of agency’s service delivery, personal influx of Chinese nationals impacts the
influence, and legal initiative. The DICT country’s peace and order situation which
professed that having a coping mechanism related to the views of DICT, Rep. Zamora,
is not applicable for their agency as it does DND-Yano, and PNP-Ibay, among others.
implement any coping mechanism as POGO In another hand, Gotinga (2019) raised that
does not fall under the mandate of the DICT POGO workers can shift to espionage. Rep.
under RA 10844, although they are willing Zamora and BSP-Hernandez also believed
to extend technical assistance to agencies this. It is a fact that some provisions of
charged to regulate POGO. This is similar the China National Intelligence Law is
to Rep. Zamora’s reasoning in the case of creating a doubt if not strengthening the
Congress as deliberations on laws affecting probability of any Chinese citizen in our
POGO have yet to be threshed out. country to commit espionage when obliged
by its country. Considering that DND-AFP
Impact to National Security confirmed that the no report on espionage
has been rendered yet, this should not be the
A significant challenge that the POGO basis for the security sector to let its guard
may threaten to the country’s economy down. They should continuously remain
is on the economic bubble especially on vigilant especially in intelligence gathering
the real estate sector. The current high and intelligence related activities that
demand of office and residential spaces would protect the territorial integrity and
have positive impact on the real estate sovereignty of the country.
and property development; however, the
Additionally, it is worthy to note that

some participants did not see any security lacks transparency. These perception, public
threats or implications on POGO especially animosity and public misconception when
that it has resulted to influx of FNs to the exploited would create divisiveness that
country. BIR-Dy commented that it would be could shake the government’s stability.
better to just leave this matter to the military,
police and other government enforcement Policy Recommendations
agencies, who are the experts in the field
This study also let the participants
of National Security; while BI-Javier said
identify possible means to take advantage
attributed this to the business culture of the
of POGO in economic and security
Chinese. He expounded that, “they are not
aspects. In terms of economic advantage,
terrorist. Talagang even workers they're
employment of more Filipino workers,
just working and do business pero yung
imposition of stringent immigration laws
maging terorista... is not their direction I
would ensure that POGOs do not serve as
think.” To reiterate, the author agrees with
conduit of money laundering activities,
this statement. This however brought her to
and strict implementation of regulations.
question the level of appreciation and security
Moreover, POGO revenues can be used to
awareness of the executives in government
augment government financial capacity
bureaus that DOLE-Pineda instigated when
such as in the case of COVID-19 response
she mentioned about the lack of awareness
and the possibility of using them for the
of the impacts of POGO to the National
implementation and improvement of the
Security even at the executive level which
National ICT Ecosystem. Also, it is seen
validates Belloga Jr. (2019)’s proposal on
that improving laws and executive issuances
the need for enhancing the strategic culture
to take advantage of economic benefits
in the Philippine bureaucracy. With the
from POGO industry can be advantageous
foregoing, the author perceived that one
to the country. In terms of security issues,
relevant government agency challenge is the
security orientation seminar for government
strategic culture of government agencies.
employees must be crafted to provide a more
Moreover, the issue on public order holistic understanding of POGO and stricter
and safety where some participants argued regulation of Chinese nationals before
that POGO has contributed to the surge of travelling to Philippines were raised. It is
crime rates is contestable as the argument worth noting that synergizing interagency
conflicts with the PNP-DIDM’s data that relations is also found beneficial. This
illustrated the growth of CIC within three- suggestion supports the WOG approach
years span. It will be a misattribution if the which is vital in achieving the Ambisyon
said KIs equates POGO-related crimes to 2040 and the SDGs.
CIC. But it would be safe to say that the
The participating agencies
increasing CICs is requiring, and must be
recommended that in order to take advantage
given an appropriate attention by the PNP
of the benefits from POGO, the concerned
considering that it could be perceived that
agencies must observe strict implementation,
these cases have created the public animosity
monitoring and enforcement of its regulations
and to some extent Sinophobia.
and policies. Moreover, they suggested for
These challenges were perceived to have the continuous utilization of revenues for
impact on political dimension. The agencies socio-civic programs and for the regulating
observed it as political accommodation and

agencies to benefit from the revenues for measures, proper regulation, strict screening
their capability build up. In addition to this, of POGO workers; criminalizing POGO;
the participating agencies suggested that security orientation, and additional funding to
strict enforcement of regulations depending DICT to improve the Cyber Security Bureau
on the agency’s mandate addresses the in order to better monitor possible cyber
national issues brought about by POGO. It security threats. They suggested observation
would help also if executive or personnel of of strict implementation, monitoring and
government agencies will undergo security enforcement of its regulations and policies.
orientation. Apart from the Ambisyon 2040 and the SDGs,
these suggestions would also help achieving
Specifically on addressing the raised the vision set in the National Secuirty Policy
National Security issues, it is only through (2017). Closing its operation, meanwhile,
the collection of primary data that enabled was the most extreme suggestion to take.
the following measures to surface: safety nets It will surely eliminate the benefits and
while providing jobs, strengthening banking opportunities but would not surely eradicate
sector, and conduct studies on economic the associated risks.
impacts of POGO; and review of normative
CONCLUSION
POGO is considered as a new platform As an economic opportunity, POGO

in the fields of games and amusements. This is recognized as an income-generating
springs opportunities, but more importantly industry, yet it serves as a double-edged
issues that affect the National Security. sword due to its perceived negative effects
Issues include surface-level understanding to security, and even economy. While it is
of POGO even at the parastatal point- true that it has economic benefits from the
of-view. This harbors, among others, revenue it contributes to the national coffers,
misunderstanding on the disadvantages of the said industry has also posed risks on
POGO, such as its relation to the increasing security and public order and safety from the
number of crimes. This is indicative that lens of participating agencies.
POGO could be likened to something that
everyone knows yet remained unknown The public order and safety and military
to many. To emphasize PNP-DICT’s data, challenges are pressing concerns that must
POGO-related crimes remain miniscule at be addressed and handled well. This could
29 reports for the recent years (2017), but be anchored to the government’s goals and
the record for the CIC has been increasing. objectives in the National Security Policy
The researcher got the impression that the (2017-2022) specifically on Strengthening
participating agencies understood CIC and the Territorial Integrity and Sovereignty
POGO-related crimes as synonymous to each and Public Safety, Law and Order. From
other that stems to public misconception. the lenses of the concerned agencies,
This has created a social construct that links collaboration and inter-agency cooperation
POGO to risks, which is a mis association. is seen as imperative. The situation, however,

is ironic in the sense that they perceive this industry when look at the perspective that
as both a coping mechanism and a most it still at its infancy stage. This means that
pressing challenge. It is suggestive that there entry-points to develop mechanisms and
is a need to strengthen their interagency to enhance measures in certain challenges
relations and also delineate their tasks and (collecting taxes, agency capacitation,
points for collaborations clearly. In terms technological safeguards, deterrence of
of economic challenges, it is non-payment criminalities, and systemic challenges)
of tax that was recognized as its pertinent could be addressed. On the other hand, the
indicator. Exacerbating this challenge is suggestion to terminate POGO as an industry
BIR’s admission that it is yet to settle its is also given appropriate attention. The
conflicting tax regulations for POGO. In author opined that banning it would surely
terms of security challenges, the possibility eliminate the benefits but not the risks. It
of espionage is raised despite having no must be highlighted that the crimes being
official reports. While baseless, it can be associated with POGO are CIC. Banning
noted that the mandate of China National POGO would only exhume those who can
Intelligence Law (2017) obligates its citizens comply with the laws and retain, if not turn
to support and assist national intelligence blind eye to, those who illegally operates.
works. As raised, POGO hubs are often near
the military bases of the Philippines that It is also worth discussing that the
make these camps vulnerable for spying impacts of POGO stretch beyond economic
activities. The researcher believes that the and security aspects. Political, Technological,
security sector must counter any probability and Socio-Cultural issues were identified
that undermines our National Security and which suggests that the POGO discourse
sovereignty, and threatens the interests of is a matter of National Security. As it is
our country. This can only be done through multidimensional, POGO-related issues
developing the government’s security require a higher balancing act of the
strategic culture that anticipates and prevents concerned government agencies. A whole of
threats, than a reactive mechanism that only government approach should be adopted in
take action whenever needed. ensuring that the country will continuously
enjoy the benefits while addressing the
While seemingly a magnet of problems, potential National Security risks.
the government can take advantage of the
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SILVER
Philippine Defense Development and

Industrialization: Analyzing The Political
Economy Of Defense Self-Reliance
JAMES A LAYUG
ABSTRACT
Today, the Philippines is at the crossroads of the changing tide of human history.
We are at the nexus of the emerging global struggle for dominance in the region. We are
also confronted with security challenges such as terrorism, internal conflict, illegal drugs,
transnational crimes, and cyber-attacks that existentially threaten our people’s well-being,
territorial integrity, and national sovereignty. Under these multifaceted threats to our national
security, President Rodrigo Duterte reiterated the need for a capable self-reliant defense
force as the country pursues an “Independent Foreign Policy” that seeks both security and
prosperity in an anarchic international environment. Developing a self-reliant defense posture
is an intrinsic goal of the AFP Modernization Program and a cornerstone of our national
security strategy. This study determines how the Philippines can enhance its capability to
produce, create, and innovate defense materiel, equipment, and technology in support of the
AFP Modernization Program. This work analyzed and examined the seemingly disconnected
strands of the country’s defense capability development in relation to the national security
objective of defense self-reliance to determine an enabling strategy that would institutionalize
the Philippines’ capability to produce, create, and innovate defense materiel, equipment, and
technology in support of the AFP Modernization Program towards the establishment of a self-
reliant defense posture.
Keywords: AFP Modernization Program, Self-Reliant Defense Posture, Defense Economics,

Political Economy, Defense Development, and Industrialization
INTRODUCTION
Today, the Philippines is at the is the aspiration of President Quezon for

crossroads of the changing tide of human the country, to be like the Molave tree,
history. We are living in an era of volatility, confident of its strength, standing on the
uncertainty, complexity, and ambiguity hillside. The National Security Policy 2017
(VUCA World). The balance of power in explicitly stated that developing a credible
Asia is a tug of war between the west and defense and law enforcement capability is a
the east where regional actors play as either crucial cornerstone of national security and
a balancing or reinforcing variable in this an intrinsic goal of the Armed Forces of the
struggle for dominance. By virtue of strategic Philippines (AFP) modernization program.
geography, our country is in the nexus of the This is supported by Article 3.6 of the
dynamic global power shift. Along with the Revised AFP Modernization Program RA
emerging global interest in the region we 10349 which declares that “A self-reliance
are confronted with security challenges that policy shall as much as possible, be pursued
existentially threatens our territorial integrity in materiel and technology development for
and national sovereignty. the country’s defense requirements in order
to reduce dependence on foreign sources
A credible defense posture is the and at the same time boost the local defense
showcase of the country’s degree of self- industry.”
reliance, capability, and independence. It

In line with this policy direction, States must seek both security and
President Rodrigo Duterte reiterated the prosperity in an anarchic international
need for a capable self-reliant defense force environment (Kapstein, 1992). We must be
as the country pursues an “Independent able to achieve a degree of autarky or level
Foreign Policy” as enshrined in the 1987 of self-reliance in our defense capability
Constitution under Article II Section 7. as we constantly seek to gain wealth and
These provisions provide for the opportunity power in the international system. The role
to review, revive, and reactivate our pursuit and relationship between the state (politics
of a self-reliant defense posture. and policy) and market (economic interests
and actors) in promoting defense industrial
In the 1970’s, the US abandoned development is the political economy of
support for our military to protect their defense self-sufficiency, where the duty
national interests from reprisal of Arab of the state is to provide subsistence for
Countries. Also, the 1997 Asian Financial the people or enable them to provide for
Crisis and 2007 Global Financial Crisis themselves and in turn supply the state with
ceased the implementation of the AFP the revenue sufficient for national defense.
Modernization Program. The issue of our It proposes to enrich both the people and
Sabah claim was abandoned because of the sovereign (Robbins, 1977). The mission
Malaysia’s pacifying role in the Bangsamoro of the government is to assure the nation
secessionist movement in Mindanao. In of its well-being through systematic use
1995, China took possession of Mischief of its political power to allocate economic
Reef in the West Philippine Sea. This resources for the development of defense
was followed by control over Panatag capability and ensure national security.
Shoal in 2012, after which from 2013 to
2015, they built artificial islands on seven This work analyzed and examined
other coral reefs and militarized the West the seemingly disconnected strands of the
Philippine Sea. The country took the issue country’s defense capability development
to the Hague-based Permanent Court of in relation to the national security objective
Arbitration who unanimously awarded of Defense Self-Reliance. The study
in favor of the Philippines, the maritime determines how the Philippines can enhance
entitlements at the West Philippine Sea and its capability to produce, create, and innovate
ruled that China’s nine-dash line claim have defense materiel, equipment, and technology
no validity under international law and that in support of the AFP Modernization
the behavior of Chinese ships physically Program towards a self-reliant defense
obstructing Philippine vessels is unlawful posture. More specifically, it sought answers
(Panda, 2016). Though we were granted to the following questions: 1) What are the
the mandate, we were not able to enforce state policies and legal frameworks that
the ruling and our defense partners do not mandate the pursuit of defense self-reliance
want to get involve with the issue because of in the country? 2) What are the structures
their country’s varying interests with China. of defense economics in the country and its
Lessons from the past has taught us that we relevant actors that can facilitate defense
cannot rely on foreign relations alone for our development and industrialization? and 3)
national security. What development strategy can help the
country achieve defense self-reliance?
85 Philippine Defense Development and Industrialization: Analyzing The Political Economy Of Defense Self-Reliance
Related Policies, Programs, and Legal defense posture as a policy was stipulated
Framework in the National Security Policy 2017-2022.
This was reinforced as a strategic goal
In 1974, our country embarked on a and line of action in the National Security
serious effort to pursue self-reliance and Strategy 2018 and National Defense Strategy
an independent foreign policy by enacting 2018-2022. National Defense Strategy
the Presidential Decree (PD No. 415), or 2018-2022 states that strategic environment
the Self-Reliant Defense Posture law. The demands the Philippine defense apparatus
decree states that the objective of the State to utilize its modest resources efficiently
is to achieve a self-reliant defense posture and effectively. The AFP Modernization
(SRDP), it was intended to immediate the Program or Republic Act 7898 and revised
prosecution of national defense projects for RA 10349 provides for the appropriation to
the acquisition of military material. The support capability, materiel, and technology
implementation of projects under the Self- development of the AFP. Under Section
Reliant Defense Program will generate labor, 10, Self-Reliant Defense Posture was
spur industrial and commercial activities, stipulated as a policy for sustainability of the
and conserve foreign exchange resources. modernization program.
This decree was coupled with its The Defense Planning Guidance
implementing directive General Headquarters 2020-2025 is a department memorandum
Armed Forces of the Philippines Circular that provides directions for conducting
No. 24 or SRDP program. In Section 1, the Defense Programs and the Budget
purpose of the circular was stated to serve Development Process. It incorporates
as reference in the prosecution of the SRDP the four major components of Defense
program. In Section 3, defined mission was System of Management which are strategic
to establish a self-reliant defense posture planning, capability assessment, acquisition,
through the development and acquisition and resource management. It defined the
of the materiel requirement of the AFP DND and AFP defense missions, strategic
maximizing the utilization of indigenous and operational concepts, and the role of
materials and production capability of the innovative technologies. It emphasized
country. Under Section 5, the concept of the strategic priority of maintaining a truly
SRDP program was to produce in-country “lean and fully-capable active force backed
what we can for our defense needs essentially by a large ready reserve force that are able
through the partnership between the military to respond and address a variety of, and
and the civilian establishments, while for the multiple missions, sustained by a self-reliant
meantime, procuring from foreign sources defense industrial base.”
those defense items which we cannot yet
produce. It also recognizes that assistance The Department Circular No. 11, dated
from the military or the government to July 1, 2011, states that the Defense System
develop civilian defense industries is an of Management (DSOM) is the planning,
essential ingredient of the SRDP program. financial, and resource management process
being implemented by DND and AFP
An explicit declaration of our defense to provide a systematic, strategy-driven,
capability development and self-reliant capability-based basis for decision making

of the DND and AFP senior officials. It activities such as counter purchase, direct
is composed of four mutually supporting and indirect offsets, buy-back arrangements,
components (Strategic Planning, Capability debt for goods, and Built-Operate-Transfer
Assessment, Acquisition, and Resource schemes.
Management) designed to aid medium- and
long-term strategic actions and policies of Republic Act No. 9184 or the
the department. Government Procurement Reform Act was
enacted in 2002, it is the governing instrument
In 1957, the Government Arsenal as a for all defense procurement activities of the
Strategic Resource was established through DND and AFP with its governing principles
Republic Act No. 1884. It aims to achieve of Transparency, Competition, Streamlined
sufficiency in weapons and munitions for the Process, Systems of Accountability, and
use of the AFP. It was mandated to design, Public Monitoring. It applies to procurement
develop, manufacture, procure, stockpile, of goods, infrastructure, or services
and allocate small arms and munitions. immaterial whatever is the source of funds.
It was designed to be the center of local One of the distinguishable provisions of the
defense industries in the country to support law is the provision of preferential treatment
the Self-Reliant Defense Posture program in to local companies as stated in Section 43
the 1970’s. “the Procuring Entity may give preference
to the purchase of domestically-produced
The Republic Act No. 7227 or the Bases and manufacturer of goods, supplies, and
Conversion and Development Act (BCDA) materials that meet the specified or desired
of 1992 is mandated to provide financial quality”. This provision provides an avenue
support to defense capability development for our defense acquisitions to support the
by allocating 32.5% of its earnings from the local industries.
sale and lease of military camps in Metro
Manila covered by the conversion to finance The Self-Reliant Defense Posture
the transfer of the AFP military camps and the Program
construction of new camps, the self-reliance
and modernization program of the AFP, the In 1974, the Self-Reliant Defense
concessional and long-term housing loan Posture (SRDP) Program was born in
assistance and livelihood assistance to AFP line with the effort of redirecting defense
officers and enlisted men and their families, planning from seeming reliance to outright
and the rehabilitation and expansion of the independence on allies and other foreign
AFP’s medical facilities. support. The authors noted that the rationale
of SRDP was the country’s experience
In 1993, Executive Order No. 120 with the ill effects of foreign intervention,
was implemented as the legal framework increasing the need for an independent
that leverages government of imported foreign policy. They took note that the
equipment with reciprocal benefits to primary problem encountered by the SRDP
be provided by foreign suppliers and program was that it was viewed by others
contractors. It creates opportunities to fast- as a business enterprise and overlooking its
track inflow of investments, technology, political necessity in as much as it involves
industrial cooperation, and specialized skills private contractors and was concerned with
training with the following countertrade the competition with imported equivalents.
The SRDP program was caught in a quagmire Studies on Defense Industrialization
of existing bureaucratic procedures. This Models of Other Countries
bureaucratic set up, often, tends to result
in lengthy delays in the accomplishment The Asian defense industry is
of a task, which does not go well with the confronted with the challenge of balancing the
business environment. Wherein reactions to demand for self-reliance in arms production
supply, demand, cost increases of materials, and the growing technological requirements
equipment and supplies and reorder points of the next-generation weapons systems
must be fast to reduce cost. The element that suits to address the needs of a network-
of time in the business community proves centric warfare and future wars. Most Asian
to be a very expensive element and had defense industry has adopted the techno-
a strong influence in the viability of the nationalist approach in the development of
SRDP program. Second was the problem of their respective defense capability. Techno-
strategic culture and colonial mentality. The nationalism refers to the course of moving
unconscious preference of the military and from imitating technology to innovating and
public sector for imported items over local advancing technology for the creation and
products was the reason that SRDP Projects promotion of a national defense industry
were treated as low priority. (Bitzinger, 2011).
The study took note of some successes South Korea. The country started
of the program like the objective on gradual their defense industrialization program in
elimination of the country's dependence on the mid 1970’s, with the long-term goal
basic suppliers for basic defense requirements of establishing a solid foundation for self-
of the country, it can be said that SRDP was defense. They adopted the parallel strategy
able to achieve this goal in so far as the of ‘security and development’, wherein
basic requirements of the AFP were met. In they focused on building up the heavy
so far as the items manufactured in-country industry and high-technology sectors while
under the SRDP program is concerned, at the same time they strove for self-reliance
it has contributed an average of 99% in in arms production. At present, South
filling up the AFP small arms/ammunition Korea’s defense requirements are procured
requirements, 44 % in communications and domestically, including combat aircraft, main
44% percent also in mobility requirements. battle tanks, armored vehicles, warships, and
The study listed down the economic benefits submarines, and an increasingly independent
derived through the implementation of the missile system. South Korea’s policy was to
SRDP program. Most items manufactured rely on partnership with private industries
locally are found to be about 35% cheaper particularly the country’s large “chaebol” or
than the imported items. Local manufacturers industrial conglomerates (such as Samsung,
have attained a high sense of local content Hyundai, and LG) rather than state-owned
utilization averaging at about 75%. In closing corporations to carry out the production of
the authors reminded the Filipinos that the their defense requirements. The government
SRDP program is only a tip of the iceberg, participates in the process by providing
whereby the objective of all these efforts and subsidies to manufacturers, supporting
future similar undertakings should be the defense research and development planning,
capability to pursue an independent foreign and designating firms as monopolistic
policy. suppliers of critical military equipment.

South Korea is only self-reliant in small in aerospace and weapon production in the
arms, ammunition, and platform vehicles 1970s. This changed in the early 1980s when
but in most cases, a considerable proportion several of the government-owned companies
of the value of ‘indigenous production’ were corporatized or privatized in-line with
are particularly dependent on foreign national privatization policy initiatives and
technologies and systems (Bitzinger, 2011). eventually became fully private firms in the
South Korea is still bullish about its defense 1990s.
industry and continues to plow money into
new indigenous programs but with the goal Singapore. The growth of the Singapore
of pursuing an overseas arms sales strategy. Armed Forces (SAF) against the backdrop
of Singapore’s economic success suggests a
Malaysia. The country adopted the positive and symbiotic relationship between
policy of defense industrialization for both defense and economic growth. Broad
economic and military reasons. Malaysia economic growth fuels the development of
considered domestic defense industry an the SAF, which in turn underpins the stability
essential element of a sustainable self- and security provided by sound defense
reliance policy (Balakrishnan, 2008). capabilities (Kuah, 2004). The case of
Defense industrialization of the country Singapore’s defense industrialization shows
was undertaken through public-private that defense spending leads to a secured
partnership. Government initiatives to state, wherein it creates an environment
increase local defense industry capabilities conducive to foreign investments and
at various levels includes the increase of private economic activity, thus, provides
local content requirements and industrial the foundation for socio-economic
participation through defense procurement development. The emergence of Singapore’s
and offsets, the promotion of defense defense industrial base can best be explained
industrial collaboration through bilateral by a combination of political and economic
defense industry and defense science and factors, rather than solely economic ones
technology cooperation and the award of long- (Kuah, 2004). Singapore has evolved from
term contracts to deserving local industries. a broadly mercantilist perspective towards
The government has also leveraged defense a more liberal approach, especially in the
acquisition to develop in country human skills areas of procurement and exports of its own
of both the MAF and the defense industry defense products and the civilianization of
particularly in Maintenance, Repair and the defense firms. The Singapore experience
Overhaul (MRO), upgrades, retrofits, basic of defense industrialization is significant in
assembly, systems integration, and logistics that it occurred alongside a highly successful
systems (Balakrishnan, 2008). Malaysian economic development strategy, one based
government has strong interventionist on interventionist industrial policy and
policy, nurturing and supporting the industry export-oriented industrialization. It is more
up to the point of which local companies can the case of defense spending providing a
support themselves. After more than four stable and secure platform for broader socio-
decades of defense industrial ventures, the economic development, rather than defense
number of Malaysian defense companies has being a direct and significant growth driver
quadrupled. The defense industry started off of the economy (Kuah, 2004).
as a pure government-based initiative with
the formation of a few companies, mainly
Political Economy and Security Theories In the literature “Rich Nation, Strong
Army” written by Samuels, Japan has
The Theory of Securitization is about a achieved global superiority through the
securitizing act with the use of extra ordinary development of dual-use technologies than
measure to securitize a referent object that focusing solely on military investments.
is existentially threatened (Buzan, et. Al, Samuels discussed that Japan believed that
1998). From the narrow perspective of ideology and institutions are linked shaping
security, it is about survival and the pursuit strategic choices based on defined national
of freedom from threats which mainly security threats, such as the advancement
involves the Military and Political sectors. in technology that is stimulated by inter-
In recent years, it has widened to include diffusion of civilian and military applications
Societal, Environmental, and the Economic and embedding the military production in the
sectors. Understanding when an issue is non- economy. The book also discussed Friedrich
political, political, or a security concern and List’s theory that the productive power
at what level of analysis the issue should be of manufacturing is important to national
examined will help in the study of defense security wherein strong armies and national
development and industrialization using the defense is contingent on national wealth.
lens of political and economic dimensions of The constant danger of war requires that a
security. On a wider perspective of security, nation should strengthen its military and
defense self-reliance can be analyzed using civilian productive capacity. The national
Political Economy theoretical approach. aim of public policy therefore should be to
advance wealth and power. Samuels also
According to Kapstein in his book “The
discussed that military spending stimulates
Political Economy of National Security: A
demand for capital goods, promote regional
Global Perspective”, the State must seek
development, and enhance the skills of local
both security and prosperity in an anarchic
labor force, thus, it is important to foster
international environment. There has to be a
an industrial policy by using technology,
balance between pursuit of self-sufficiency
industry and innovation to enhance defense
and collaboration in the world economy to
capabilities and address existential threats.
provide the money and materiel needed for
The book also discussed that Defense
defense and war. Defense economics as an
Industrialization has two possible impact
oldest branch of political economy have
on socio-economic development—Spin-off
been considerably complex for statesmen of
and Spin-on. Wherein, Spin-off is the view
which it is an interplay of microeconomics,
that military spending has a positive impact
macroeconomics, and international
on the economy. Defense industrial base
economics. In the book of Robbins (1977),
enhances product development, processes,
he stated that political economy is a branch
and organizational innovations that can
of science of statesmen that proposes two
transform and enhance economy. On the
distinct objects: first to provide a plentiful
other hand, Spin-On refers to the transfer of
revenue and subsistence for the people, or
products and process technologies “off the
enable the people to provide for themselves;
shelf” from civilian to military applications,
and second to supply the state with the
these are dual-use products and processes.
revenue sufficient for public goods and
services. In the book “Political Economy of

Defense” as edited and compiled by Ron Lessons from literatures and studies
Matthews (2019) discussed that defense narrate those nations seeking to industrialize
development and industrialization is subject should create their own comparative
to the central interplay between the polity advantage by addressing handicap on
of government policies and the structural noncompetitive industries, shortage of skills,
linkages of defense economics. Defense lack of technology, and underdeveloped
capability development is always dependent capital markets. One should understand
on funding wherein it is a constant battle for that economic development does not come
resources between the military stakeholders naturally, the state should promote industries
and the public social needs. Matthews on which to build the foundation for
pointed out that the meagre budget for industrial and technological power. Defense
defense capability development normally development involves cluster of institutions
results in favoring affordability of overseas and ideas about how the economy and
procurement which will toll against a self- politics interrelate and about how to
reliant defense posture. He noted that there innovate to achieve self-reliance. It is shaped
are 3 politico-economy concerns for the by strategies as determined by the mission,
government: 1) Establish fundamental selection process, available resources, and
defense budget ceiling, 2) Balance between level of stakeholders’ participation. We
local and foreign acquisition, and 3) Manage can develop our defense capability and
taxpayer’s money efficiently. The book cites achieve self-reliance through the right
that 40% of defense budget is normally amount of policy, political will, and public-
allocated to defense acquisition that is why it private cooperation. In a volatile, uncertain,
is important that cost effective procurement complex, ambiguous global environment
options should be selected taking nto we need to develop a Self-Reliant Defense
consideration the variables of time, quality, Posture that would “securitize” the well-
and budget. being of our people, national sovereignty,
and territorial integrity.
In “Nationalist Economics” by
Lichauco (1988), he stated that nation Conceptual Framework
building is about the formulation of the
appropriate solutions that cannot be left to Figure 1 shows the balance of
the economist alone because the crisis affects interplay between the Polity of “AFP
the life and well-being of everyone. The Modernization/SRDP” and “Structures
Philippine development policy should center of Defense Economics” linked by Public-
on the capacity of the country to innovate, Private Partnership as the independent
make, create, and produce which should variables, that are determinants to the level
be tailored to meet the strategic needs and of growth and transformation of “Defense
interests of the country. We need industries Development and Industrialization” which
to cope up with the challenge of engineering is the dependent variable, as shaped by the
our industrial revolution, the state has no Strategic Environment. The resulting synergy
choice except to assume the initiative and would lead to sustainable defense capability
primary responsibility for the nations socio- development and commercialization Spin-
economic development. In light of this Off/Spin-On impact on socio-economic
theory is the techno-nationalist model of development. This framework was based
defense industrialization. on the theory of political economy where
Figure 1. Conceptual Framework Political Economy of Defense Self-Reliance (Layug, 2020)
the State (government policies and politics) state of readiness and availability of national
and their level of interaction with the Market resources defines the rationale for defense
Forces (defense economic structures and capability development. On the other hand,
stakeholder linkages) will define the degree Polity of Defense Capability Development
of defense capability development of the refers to the various political and legal
country subject to its environment. instruments which prescribes the direction
for defense capability development. Lastly,
In the conceptual framework, Defense Structures of Defense Economics sets the
Development and Industrialization refers foundation for the creation of local defense
to the development of defense industrial industries. Defense capability development
base with the aggregate ability to provide involves strong structural linkages between
the manufacturing, production, technology, the resource structure, techno-scientific
research and development, and the resources structure, and production structure of
necessary to produce, create and innovate defense economics. Wherein, the resource
defense materiel, equipment, and technology structure pertains to defense budget, raw
for the AFP. While the National Security materials, human capital, and land available
Continuum is the top-to-bottom security for capability development. The techno-
principle of the government from National scientific structure refers to the scientific
Security Policy – National Security Strategy know-how, technological power, and
– National Defense Strategy and down to innovative capacity of the country to support
the National Military Strategy as a strategic industrial growth. And production structure
response to the strategic environment shaped that refers to the country’s industrial base,
by the existing and perceived internal and which provides the productive power of
external threats to the country’s national manufacturing for defense materiel, supplies,
security interests. The degree of responsive and equipment. The implementation of

strategy to tasks for defense development practitioners, and local defense industry
and industrialization is linked by heavy proponents. Public-private partnership
collaboration and cooperation of key actors builds institutions, values, and ideals that
from the government, academe/R&D promotes national development.
METHODOLOGY
This study utilized qualitative method sourced from interviews and focused
of research to analyze and assess the state group discussions (FGD) of selected
of the country’s capability to produce, officials and subject matter experts on
create, and innovate defense materiel, AFP Modernization Program, Self-Reliant
equipment, and technology in support of Defense Posture, Research & Development,
the AFP Modernization Program towards and Defense Industries. The study also used
the establishment of a self-reliant defense thematic, discourse, and content analysis to
posture. Qualitative data from statutes, analyze findings and draw up a conclusion.
policies, programs, studies, publications, Moreover, the study employed the action
and open-source articles related to the Self- research approach of qualitative research
Reliant Defense Posture, AFP Modernization using the theory of political economy to find
Program, and defense industrialization were a collaborative framework together with
examined to determine opportunities and the stakeholders (government, academe/
challenges of developing and indigenizing R&D practitioner, and industry) of defense
our defense capability. The findings were industrialization to formulate policy
triangulated through primary source data recommendation for defense self-reliance.
to validate results. Primary data was
State policies and legal frameworks that through the DSOM management system
mandate the pursuit of defense self- of the DND and AFP. Wherein our defense
reliance in the country capability gaps are identified and filled up to
deter, deny, and neutralize national security
Research findings indicates that there are threats. To address the gaps, the AFP and
policies and legal frameworks that mandates DND will identify the mode that will be
the pursuit of defense self-reliance in the used based on the available resources,
country. The enabling law for this national either through acquisition or SRDP. The
security policy is the AFP Modernization FGD and key interview respondents have
Law or RA 7898 as revised by RA 10349 acknowledged that the driver for defense
with its explicit provisions for SRDP capability development is partnership
under Section 10. The defense capability between the government, science and
development of the AFP Modernization technology sector, and local industry players.
Program is managed and implemented The AFP Modernization Program was
designed to strengthen military and civilian strategic culture and colonial mentality in
collaboration and recognizes the fact that the DND and AFP.
defense development and industrialization
can only take off through a whole-of-nation • The defense establishment does
approach. not place premium on research and
development.
Despite the presence of instruments
and policies for the pursuit of defense self- The objective of the AFP Modernization
reliance, it was a general observation that law is the transformational development of
we are nowhere near our national security the AFP when it reaches its sunset period
objective of a self-reliant defense posture. by 2028. The first cycle of modernization
The following barriers were noted: (1995-2010) was merely cosmetic. The
second cycle (2013-2028) was tied up with
• The implementation of the acquisition shopping list. Based on the
modernization program is focused on findings, the third cycle of modernization
acquisition and shopping list of materiel should be focused towards establishing a
and equipment. We go for commercial self-reliant defense posture, specially, since
solution in filling up our capability gap the country is in a late industrialization
even though SRDP was stipulated in RA stage. It is the mission of the government to
7898. SRDP is treated as an optional mode protect the nation from losing skills, wealth,
by the procuring entities and end-users. and opportunity through systematic creation
of indigenous industries. Defense self-
• AFP Modernization projects are reliance should be developed as a long-term
mainly tied up with foreign acquisitions investment for the country.
based on middleman system with minimal
local participation and no flowback Structures of defense economics in the
parameter such as counter trade, “offsets” country and its relevant actors that
and other innovative arrangements as can facilitate defense development and
provided for in RA 7898. industrialization
• There is no policy instrument or Qualitative data gathered from primary

guidelines to implement Section 10 of and secondary sources shows that pursuit of
RA 7898. SRDP remained an implied defense development and industrialization
tasks in the implementation of the AFP would entail a balance of collaboration
Modernization Law. The obsolescence and partnership between the military and
of PD 415 which was supposed to be the civilian sector in a whole-of-nation of
implementing statute for SRDP placed the approach towards development. The defense
program in limbo. economics in the country is an ecosystem of
Resources, Techno-Scientific Structure, and
• The failure to develop SRDP as Industrial Base influenced by stakeholders
provided for in RA 7898 can be attributed from the Government, academe/R&D
to the lukewarm mindset in pursuing practitioners, and Industry in a symbiotic
defense self-reliance in the defense sector. interdependence.
Part of this problem is due to fragmented
policies influenced by the revolving Resource Structure. Good collaboration
leadership or commanders and prevailing and partnership among stakeholders can

provide the catalyst to jumpstart old industries Production Structure. Defense
or create new ones. Defense spending can industrial base enhances product
stimulate demand for capital goods, promote development, processes, and organizational
national development, and enhance the innovations, including advancement in
skills of local labor force. Currently, defense national technological infrastructures,
capability development is beset with the human capital, equipment, and firms that
issue of budget cap and ballooning pension can transform and enhance the economy.
of retirees. Lack of instrumentality for The Marcos era SRDP model is historical
innovative arrangements and co-production proof that we can industrialize. The
impedes the implementation of EO 120 existence of industrial infrastructures and
for countertrade system. Provisions from instrumentalities such as the Government
RA 7898, RA 9184, and Taxation schemes Arsenal, Philippine Aerospace Development
restricts growth and competitiveness of Corporation (PADC), and Industrial
local proponents in the defense acquisition Collaboration Program could spur
projects. Lack of strategic direction, development of local defense industrial
political interventions, lack of political will, base. Some defense projects that are ready
and strategic culture hampers the defense for rollout are textile, uniforms and sewn
capability development. items; manufacturing of propellant and
igniter; maintenance, repair and overhaul of
Techno-Specific Structure. It is aircrafts; shipbuilding; and ICT innovations.
important for the state to foster an industrial It was noted that items manufactured in
policy by using technology, industry, and country are 35% cheaper than the counterpart
innovation to enhance defense capabilities product. The Danao production of home-
and address existential threats. The country brewed guns can be explored for SRDP as a
has sufficient pool of talented and gifted socio-economic development model. Depot
scientists, engineers, and innovators. It would level maintenance at PADC would enhance
help push the growth of the sector if funds from our aerospace industry. The AFP skilled
BCDA remittances and AFP Modernization retirees could be utilized for the MRO
fund will be committed for defense research industry. Manufacturers’ list will strengthen
and development projects such as patent the collaboration of defense industries. Some
ownership, license manufacturing and ICT barriers to the production structure are weak
innovations as a start. The data suggests manufacturing capability, obsolescence of
that Defense and AFP technology research products, and lack of implementing policy
and development should be professionalized instrument on countertrade.
and institutionalized. Scientists, technicians,
engineers, and innovators should be The research yielded that Defense
integrated to the reserve force to encourage Economics in the country is an ecosystem of
collaboration. Barriers for growth are lack of Resource, Techno-Scientific Structure, and
defense research agenda and defense related Industrial Base influenced by stakeholders
research and development projects, lack of from the government, academe/R&D
experts, scientists and qualified personnel in practitioners, and industry proponents in a
the AFP research centers, and lack of current symbiotic interdependence. Lessons from
science and technology capability. findings narrate those nations seeking
to industrialize should create their own
comparative advantage by addressing reduction schemes such as countertrade, in
handicap on noncompetitive industries, country manufacture, co-production, or other
shortage of skills, lack of technology, and innovative arrangements or combinations
underdeveloped capital markets. One should thereof.” These provisions provide the
understand that economic development authority for the utilization, mobilization,
does not come naturally, the state should and collaboration of all instruments of
promote industries on which to build the government and defense economic structures
foundation for industrial and technological in pursuit of a self-reliant defense posture.
power. The defense economic structure and
its relevant actors in the country are engaged The Ways. According to data gathered,
in a purposeful synergy that provides rich there are various approach and development
opportunities for defense development and strategies to enhance defense capability
industrialization. But for this to take off the development and industrialization.
respondents agreed that we should start with From comparative analysis of defense
the mindset of all stakeholders. industrialization experiences of Singapore,
South Korea, Malaysia and the Philippines,
Development strategy that can help the results showed that predominantly an Imitate
country achieve defense self-reliance Technology - Innovate - Advance Technology
model is the framework for techno-nationalist
In order to find the development approach in the development of military and
strategies that can help the country achieve defense capability of the subject countries.
defense self-reliance, the study used the It varies in application depending on the
Ends-Ways-Means framework. The Ends prevailing political economy of defense for
is the strategic outcome, the Ways are the each country.
methods, tactics, and strategies to achieve
the ends, and the Means are the resources In Malaysia, the approach was
required to achieve the ends. establishment of defense industrial base in
order to create high technology employment,
The Ends. Defense Self-Reliance is an value-added work and backward linkages in
intrinsic goal and integral part of the AFP support of small and medium scale industries,
Modernization Program. especially in heavy manufacturing and
dual-use technology. They promoted dual-
The Means. It was provided for by law
use technology for industrial growth and
to pursue defense self-reliance as a national
to develop their human capital thru skills
security objective under state policies of the
enhancement from MRO, upgrades, retrofits,
1987 Constitution of the Republic of the
basic assembly, systems projects. The
PhilippinesArticle II Section 7, “the State shall
Defence Industry Blueprint (DIB) published
pursue an independent foreign policy” and in
by the Ministry of Defense is Malaysia’s
Section 19, “the State shall develop a self-
guidebook for self-reliance.
reliant and independent national economy
effectively controlled by the Filipinos” and Singapore believed in the dictum “Start
reinforced explicitly by RA 7898 Section 10 small based on current industries already
(b) “that the Secretary of National Defense available then militarize them”. The infusion
shall, as far as feasible, incorporate in each of foreign capital, talent and technology
contract/agreement special foreign exchange and the steady advance up the value-chain;

from low-technology textiles to the high- Some strategic actions recommended by
technology manufacture of semiconductors the respondents.
to re-engineering of the economy towards
greater knowledge-intensive technology is For legislative action:
their industrial framework. Their economic
• Establishment of Defense Economic
formula for sustainability is Diversification/
Zone
Civilianization - Leverage Dual Use
technology - Arms Exports - Globalization • Pension Bill for uniformed personnel
and International Collaboration. • Amend of the National Security Act
South Korea focused on building up • Legislate a Defense Development and

the heavy industry and high-technology Industrialization Law
sectors while at the same time they strove • Convene the Congressional Oversight
for self-reliance in arms production. Their Committee to review RA 10349
strategic approach for industrialization is
• Resolve the taxation schemes and
Government-led R&D focused on 4 phases:
procurement restrictions under RA
(1) offset programs that would lead to
9184.
transfer of technology, (2) license production
and collaboration with foreign defense For executive action:
industries’ R&D (3) local indigenous R&D
(4) shift to local indigenous industries. • Strengthen military-civilian
collaboration
Noticeably, the Philippines has
• Adopt strategy on Manufactured
no Industrialization Strategy. Defense
Defense Capability - (technical
capability development is solely dependent
assistance and technology transfer,
on foreign acquisition as per the DSOM
patent ownership and license
management system and provided for by the
manufacturing, assembly production,
AFP Modernization Program (Horizon 1,2,
co-production arrangements, in-
3).
country manufacture),
The appropriate development • Bolster special foreign
strategy to enhance defense capability exchange reduction schemes
towards self-reliance of the country through countertrade in foreign
would be the Introduce-Imitate-Innovate- acquisitionsStartup Industry
Advance approach through Politically Collaboration Program by
Possible and Technically Sound strategic concentrating on doable SRDP
actions in Incremental - Evolutionary - projects such as Textile Resource
Transformational development stages in Development, Propellant and Igniter
a spread of 3-5-10 years respectively that Manufacturing, Aircraft Depot Level
would overlap the sunset period of the AFP Maintenance, Shipbuilding, and ICT
Modernization Program by 2028 as provided Innovations.
for by RA 10349.
• Adoption of an IGRR for Section 10
of RA 7898.
• Build-up the Modernization Trust choices based on defined national security
Fund through Public-Private interests. Ideology provides a national
Partnership ventures of revenue purpose as a constructed resource for
generating. mobilizing the people towards a collective
• Utilize DND-AFP land holdings and agenda that will transform the nation.
real estates to generate funds for AFP Defense self-reliance is an ideology, and like
modernization and SRDP through all ideologies it is a force that pave the way
public-private partnership ventures. for institutional development of indigenized
defense capability as well as strategies for
It is also important to note that ideology national security.
and institutions are linked shaping strategic
CONCLUSION
We have the policies and legal development is solely dependent on foreign

framework that mandates the pursuit of acquisition as per the DSOM management
defense self-reliance such as Section 10 system and the AFP Modernization Program.
of RA 7898 as revised by RA 10349, the The challenge of implementing a successful
NSP-NSS-NDS-NMS National Security SRDP program is beset with policy gaps,
Continuum, and the Defense Planning sustainability issues and strategic culture.
Guidance. Despite having these legal and The Adoption of an 18-year plan “Defense
executive mandates, SRDP remained an Development and Industrialization
implied tasks in the implementation of the Blueprint” would enhance defense capability
AFP Modernization Law. The DND and development of the country towards a self-
AFP adoption of an SRDP Implementing reliant defense posture.
Guidelines, Rules and Regulation of Section
10 RA 7898 would help address the strategy- In a volatile, uncertain, complex,
to-tasks policy gaps. ambiguous global environment we need to
develop our defense capability that would
The political economy assessment and “securitize” our national sovereignty,
analysis of Defense Economic Structures territorial integrity, and well-being of the
and Stakeholders for defense development people. This study established that the
and industrialization resulted in low and Philippines could achieve a “modern,
weak rating due to lack of comprehensive credible, self-reliant defense posture” by
strategic direction. Implementation of adopting and implementing a Defense
harmonizing and integrating Legislative and Development and Industrialization
Executive actions would tackle the cited Blueprint. The Marcos era SRDP is historical
issues on defense economic structures and proof that the country can industrialize, but
stakeholder linkages. for this to take off, we should begin with the
ethos, “Defense Self-Reliance as a national
Lastly, Philippines has no
ideology and Self-Reliant Defense Posture
industrialization strategy. Defense capability
as a national security strategy”.

Implications and Recommendations Promote Legislative and Executive actions
that would foster defense development and
The objective of the AFP Modernization industrialization.
law is the transformational development of
the AFP when it reaches its sunset period For Legislative Action – Convene
by 2028. The first cycle of modernization the Congressional Oversight Committee
(1995-2010) was merely cosmetic. The to review policy gaps in RA 7898 and
second cycle (2013-2028) was tied up with SRDP. Legislate legal and political enablers
acquisition shopping lists. Based on the that would strengthen defense capability
foregoing findings and conclusions, the third development such as Amendment of the
cycle of modernization should be focused National Security Act; Pension Bill for
towards establishing a self-reliant defense Military and Uniformed Personnel; Special
posture. It is the mission of the government Acquisition Law for Defense and AFP
to protect the nation from losing skills, related procurements; Modernization Bill for
wealth, and opportunity through systematic Government Arsenal; Creation of a Defense
creation of indigenous industries. Defense Science, Technology and Innovation
self-reliance should be embraced as an Center; and Defense Development and
ideology that would provide a national Industrialization Act. Resolve the taxation
purpose and mobilize the people towards a schemes and procurement restrictions
collective agenda that will pave the way for that disadvantages local defense industry
institutional development and transform the proponents through legislative and legal
nation. remedy.
In this regard, the study recommends For Executive Action – Institutionalize

that the national security structure adopt the defense and AFP technology research and
following policy actions: development capability. Adopt a strategy
on Manufactured Defense Capability
Creation and adoption of SRDP through EO120 and jump start Industry
Implementing Guidelines, Rules and Collaboration Program by concentrating on
Regulation of Section 10 RA 7898. The doable (politically possible and technically
IGRR in the form a Department Circular sound) SRDP projects. Explore Danao
would address policy gaps in Strategy-To- production of home-brewed guns. Utilize
Tasks of RA 7898 Section 10 mandating DND-AFP land holdings and real estates to
the pursuit of Self-Reliant Defense Posture generate funds.
and incorporate it as a component of the
Defense System of Management (DSOM) Adopt and implement “Defense Develop-
process. It will include policy provisions ment and Industrialization Blueprint 2020-
on the implementation of foreign exchange 2038” that would enhance defense capa-
reduction schemes or trade “offsets”. The bility development of the country towards a
SRDP IGRR will provide the provision for self-reliant defense posture.
the organization, mechanism, and adequate
funding to ensure that the objectives of The Blueprint is an ends-ways-means
SRDP are accomplished. framework where the ends, is the enhanced
capability for defense self-reliance. The
means is the political and economic interplay
between AFP Modernization – SRDP
nexus and the country’s defense economic Horizon 2. Evolutionary Development –
structures. The ways is the 18 year defense High Technology (2023 – 2028). The second
development and industrialization strategy. phase will cover a period of 5 years through
an evolutionary development approach
The development strategy would capitalizing on supply chain SME clusters.
be an Introduce-Imitate-Innovate- Defense industrial development on this
Advance approach through Politically phase will imitate high technology military
Possible and Technically Sound strategic through-life support for foreign acquisitions
actions in Incremental – Evolutionary – that would lead to local innovative skills and
Transformational development stages in technology development.
a spread of 3-5-10 years respectively that
would overlap the sunset period of the AFP Horizon 3. Transformational
Modernization Program by 2028 as provided Development – Knowledge Intensive (2028
for by RA 10349. The proposed Blueprint – 2038). The third phase will be a period of
will be implemented in 3 Phases as shown 10 years through a knowledge intensive –
in figure 2. transformational development approach that
will focus on institutional and ideological
Horizon 1. Incremental Development development of indigenizing local defense
– Low Technology (2020 – 2023). The first capability. This phase will cover defense
phase will cover a period of 3 years through industrial development that will innovate
an incremental development approach that “new combinations” to cater the diffusion
would capitalize on trade “offsets”. Defense of civilian and military heavy industries for
industrial development will start small sustainable defense capability development
based on local industries already available and socio-economic benefits through
and introduce low technology military industrial “spin-on and spin-offs”.
productions.
Figure 2. Defense Development and Industrialization Blueprint (Layug 2020)

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GOLD
The ImPOSSIBLE Dream: Bridging the

Gap in the Access to Justice Mechanism
Towards the Realization of the Transitional
Justice and Reconciliation Framework of
the Bangsamoro Autonomous Region of
Muslim Mindanao (BARMM)
MARIA JOSEFINA G. SAN JUAN-TORRES

ABSTRACT
The protracted war and conflict in Mindanao is one of the country’s national security
issues that dates back with disputes over ancestral land and religion. The peace pact between
the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF)
consists of a package of comprehensive agreements on wealth sharing, political power sharing,
and normalization known as the Comprehensive Agreement on the Bangsamoro and the Annex
on Normalization. This peace accord is seen as the healing balm for the longstanding rebellion
resulting in economic hardships and suffering to the people of Mindanao through the introduction
of Transitional Justice and Reconciliation (TJR) mechanism within the normalization process.
However, the current TJR component of the CAB and its Annex on Normalization falls short
of addressing the land-related disputes that are mainly founded on historical injustices and
legitimate grievances that trigger the longstanding conflict in the region.
Keywords: Bangsamoro Autonomous Region of Muslim Mindanao, BARMM, Transitional

Justice and Reconciliation, Comprehensive Agreement, Peace
INTRODUCTION
The differences in principles or even security issues that dates back with disputes
in ideologies amongst people give rise to over ancestral land and religion. For over five
conflicts within the localities, which every (5) decades, peace in the region remained
so often result to abuses and atrocities that elusive. Past administrations attempted to
dig deep into the abyss of darkness – so forge peace negotiations with rebel groups
deep that they could bring out the monster such as then Moro National Liberation Front
in a person with the gentlest of hearts. These and the Moro Islamic Liberation Front who
gross injustices can range from violation of resorted to violence and demanded for a
human rights, destruction of livelihoods, separate state, yet none have succeeded.
loss of lands, loss of families, relatives and The Bangsamoro Organic Law (BOL) was
friends. These grievances bring about great ratified on January 25, 2019 which ratification
mistrust and suspicion among people and paved the current administration’s way to
communities and destroy the social fabric attain peace in Mindanao and put an end to
that link people together. To rebuild this trust the long-drawn-out violent struggle for the
is imperative, both for sustainable peace region’s independence.
and to create an environment for sustainable
development. Justice for the victims is a Normalization: Definition and Concepts
condition sine qua non for renewed TRUST,
On 25 January 2014, the Annex on
and in turn depends on a functioning rule
Normalization under the Comprehensive
of law. As Justice Leonen enunciated in his
Agreement on the Bangsamoro (CAB) was
speech, “The rule of law is always the rule of
signed by both the GPH and the MILF.
just law”. (Panaligan, 2020)
Normalization as defined therein is an
The protracted war and conflict in undertaking wherein communities can attain
Mindanao is one of the country’s national their desired quality of life, which involves

the pursuit of sustainable livelihood and full implementation as the governing body
political participation within a peaceful and and shall serve until the next election in
deliberative society.” It further states that the Comelec Year (CY) 2022. The BTA exercise
aim of normalization is to “ensure human among other powers, the administration
security in the Bangsamoro.” This will help of its own justice system, fund raising,
“build a society that is committed to basic alteration of boundaries of municipalities
rights where individuals are free from fear and barangays, and development of culture
of violence or crime and long-held traditions and education. BTA Interim Chief Minister
and values continue to be honored”. (Needs Ahod Balawag Ibrahim, aka Al Hadj Murad
and Skills Assessment of the Bangsamoro Ebrahim organized an interim Bangsamoro
Islamic Armed Forces (BIAF) Members, Parliament to help ease the transition. During
December 2018) this transition, a parallel initiative was taken
to help pave for the smooth transition and the
Transitional Justice and Reconciliation normalization of the BARMM framework.
Philippine society is presently facing The Normalization process is
a unique, historic opportunity to help put a implemented in four (4) phases: security;
close on a decades-long chapter that has socio-economic development; confidence
left several thousands dead and a significant building measures; and transitional justice
population displaced from their territories in and reconciliation.
Mindanao.
Dealing with the Past: Marginalization
While writing this study, the GPH and through land dispossession
the MILF are in the midst of completing the
normalization or desecuritization process, “Now that we have no lands, who are
focused on the terms that might prevent we?” (Bleeker, 2016).
the recurrence of armed conflict and set the
foundations for a just and lasting peace in the From the perspective of the Bangsamoro
Bangsamoro region. and indigenous peoples, land dispossession
and the consequential marginalization of
However, this author is aware that their communities is a historical injustice so
while there are promising prospects towards serious that would legitimize their ultimate
sustainable peace, the most challenging part secession from the Philippines (Bleeker,
is just beginning. This study insinuates the 2016). The resettlement programs involving
complexity of this challenge – on how we migrants from the Visayas and Luzon were
are to map a future that is peaceful from the deemed to be “ethnic flooding” which caused
standpoint of a volatile past, and a present the minoritization of the original inhabitants,
which is still in the process of normalizing the native population.
towards peace or in other words, de-
normalizing conflict and violence. Narratives reveal that land dispossession
has become the contemporary “flashpoint”
The Transition towards Normalization of conflict in the Mindanao region. Land
(Desecuritization Process) dispossession not only resulted in political
and economic marginalization. It likewise
Pursuant to the BOL mandate, the BTA brought about the loss of social and cultural
was established to prepare the region for its identity, land being the source of livelihood
The ImPOSSIBLE Dream: Bridging the Gap in the Access to Justice Mechanism Towards the Realization of the Transitional
105 Justice and Reconciliation Framework of the Bangsamoro Autonomous Region of Muslim Mindanao (BARMM)
of the community and the basis for their fair, even-handed and accountable use of
collective identity (Bleeker, 2016). public power is central to renewing shattered
trust in law enforcement .Withal, security
Land dispossession is regarded as reforms should thus be given high priority.
a complex phenomenon characterized by Building strong, effective and trustworthy
policies such as enforced privatization and judicial and security institutions are integral
titling including government-sponsored to peacebuilding and are a crucial part of
settlement and enforced colonization through transitional justice and reconciliation.
the imposition of land laws. The resulting
marginalization due to land dispossession Transitional justice mechanisms must
means impact of such policies on cultural be considered legitimate, inclusive and based
ancestral domain claims and on migration. on local ownership if they are to gain people’s
trust. In addressing conflicts, stakeholders
The policies resulting to marginalization should draw upon the principle of inclusivity
due to land dispossession are reportedly to be to build meaningful partnerships among
State-led dating back since the late colonial all actors. This will help guarantee the
period in order to unite a largely culturally formulation of durable transitional justice
and ethnically diverse Mindanao into a referral pathways towards sustainable peace
single monolithic State of the Republic of the and sustainable development not only of the
Philippines. region but of our nation.
Implications to National Security The Transitional Justice and
Reconciliation mechanism of the BARMM
Transitional justice process is
normalization phase serves as a renaissance
forward-looking. It is not just addressing
of what would have been a stagnated and
past grievances. The process must lay the
protracted road map to peace. It is a very potent
foundation for reconciliation and to rebuild
force in the enhancement of national security
trust in society.
by ensuring sustainable peace in a conflict-
Trust builds a peaceful society. A driven environment undergoing transition
conflict draws out the trauma and fear thereby towards normalization or desecuritization.
destroying the foundation of trust. A human While the Judiciary is forging significant
security approach through the transitional steps towards judicial reforms especially in
justice framework is imperative in supporting promoting social justice, a more proactive
societal transformation of a once VUCA stance in the transition process in settling
environment where people can live free land disputes within the BARMM is part
from fear. Peace does not automatically of that judicial transformation. As the late
set in when we silence the gun or when the Justice Pound would say, “to create rather
fighting ceases. To rebuild lives without merely to order, to systematize and to
fear of recurrence of violence, suffering reconcile, to build rather than to improve”.
must be acknowledged, confidence in State (Pound, 2018).
institutions restored and justice done. It is
Restitution versus Compensation/
particularly crucial for our security forces,
Reparation
and more expansively, all Government
institutions to regain the confidence of The return of properties abandoned,
traumatized and abused communities. A confiscated, or “forcibly” occupied during

a conflict is recognized as an essential possessory or tenancy rights) within the realm
pathway to peacebuilding. This involves of restitution is particularly relevant where
a two-pronged approach: return by the informal land tenure is prevalent and where
“marginalized or vulnerable” actors (e.g., very few property title deeds are owned by
displaced) and the recognition of the right to the displaced. While customary land rights
a remedy. Restitution of property being the are subject to restitution but this may be
key element to sustainable return, it becomes difficult especially for those who do not have
an integral component of the right to a return. titles or deeds. In this case, alternative types
In turn, the concept of restorable justice of evidence have to be utilized to confirm
comes into play at its aims to restore the possessory or access rights to the land.
victims to the former situation before their
rights were violated. Property restitution Convergence To Address Legal Pluralism:
provides a solution to both dispossessed and
Legal pluralism exists where diverse
forcibly displaced, it opens an opportunity
sources of authority (traditional (i.e.IPs,
for them to return to their land they call
religious (i.e.,Muslims and non-Muslims),
home. Restitution of homes and land do not
or statutory ( Formal Law) are recognized as
only cover shelter but improves the ability
legitimate by social actors exist, and regulate
of the displaced to be self-reliant especially
and solve disputes on similar matters. In
in rural areas where land is the main
most developing countries, traditional
source of livelihood. The provisions for the
dispute resolutions mechanisms depict legal
resolution of land and property disputes are
pluralism and represent the only access to
illustrated in the Housing, Land and Property
justice for some 80 percent of the population,
restitution programs applied in Bosnia and
who may be unaware of the formal justice
Herzegovina, Timor-Leste, Kosovo, Iraq
system or who, owing to historical injustices
and Turkey. (Internal Displacement:Global
and legitimate grievances, are reluctant or
Overview of Trends and Developments in
refuse to use it.
2006, 2007). The Philippines can very well
build on the transitional justice model and A source of tension that cuts across
the peace agreement in Aceh. (Wandita, the data of this study is “the lack of clarity
2014). In Colombia, Peru and Kenya, of existing state policies on the role and
transitional justice polices examined legacies regulation of customary justice systems. Such
of marginalization, internal displacement and clarity is essential to mitigate arbitrariness
violations rooted in access to land. (Carranza, and curb predatory forum shopping, while
2014) providing for innovation and flexibility on
the ground. “This tension needs to be treaded
The Pinheiro Principles (Pinheiro,
on carefully so that clarity of policy does not
2005) provides for restitution as a better
come at the expense of social relevance”.
option to compensation. Property restitution
(Isser, 2011).
allows the victim to be restored to the situation
it was in before the violation (displacement) It is imperative that transitional
occurred, which compensation does not. justice mechanisms promoting restitution or
Restitution provides for a wide scope of reparation (compensation) and the reform
durable solutions (housing, livelihood, of the rule of law institutions to consider
etc.) which compensation does not. The how they can relate to customary norms.
inclusion of non-landowners (those only with Customary justice is an essential component
of people’s access to justice and recognizes is solid analysis on the impact of policies and
the need to build on national capacity and projects on the ground.
culture when (re)designing the rule of law
and transitional justice programs. (Secretary Critical in strengthening the pillars of
General, 2004) transitional justice is an informed, inclusive,
and gender-sensitive civil society entity.
For instance, restitution of property or (Rallonza, 2020). The civil society landscape
the application of the Pinheiro Principles in Mindanao has been evolving with a
may not be effective for the displaced who mushrooming of CSOs and CSO networks.
do not have titles or deeds. The longer the In the Bangsamoro Civil Society Summit
dispossession, the more challenging it is to on Transitional Justice, a general consensus
establish land rights and obtain restitution acknowledged the essential role of civil
as memory disappears into oblivion through society, particularly women’s groups and
time and potential witnesses may have victim communities, to lend their voices in
died or could no longer be traced. To prove advancing transitional justice not only at the
possessory or access rights to the land may grassroots level but to involve all stakeholders
thus be impervious as traditional or customary /actors that make up the DWP Framework.
land rights are usually not recorded nor Civil society is a key component to the
recognized by statutory institutions. This democratic functioning of the state especially
seriously impacts not only on the viability of in conflict prevention and social cohesion. A
restitution but on equal access to justice, the dynamic civil society will be imperative in
elements at the heart of transitional justice. building up the new Bangsamoro, with a view
to reinforce participatory and representative
In this case, compensation may be a democracy, transparency and accountability.
better option. But compensation requires
funding and it does not restore the displaced On a broader scale, civil society is
to the land they call home. Will compensation creating ripples to push for the passage
instead of restitution pave the way for of House Bill No. 4003 (Establishing a
healing? Transitional Justice and Reconciliation
program for the Bangsamoro and creating
This scenario presents the challenges for that purpose the National Transitional
posed by various justice mechanisms on land Justice and Reconciliation Commission).
tenure that exist within a region. It is currently pending before the
Special Committee on Peace, Unity, and
Transitional Justice and Reconciliation
Reconciliation. While it has been approved
serves as a referral pathway, vertical and
and endorsed for the plenary, it has not as yet
lateral, to reinstate or reinforce the rule
been acted upon since then due to changes
of law by way of access to justice as a
in the composition of the members of the
durable solution to conflict transformation
Committee.
by establishing a criteria and modalities
of COOPERATION and ENGAGEMENT Interestingly, a question is raised as
between the State and customary institutions, to whether the proposed TJR Commission
to facilitate a CONSTRUCTIVE dialectic would only be limited to the Bangsamoro
between locally driven initiatives and or will its mandate cover other peace
nationally determined policy. Room for negotiations.
experimentation and innovation is critical as

There are two schools of thought : 1. FILLING IN THE GAPS :
Then GPH Chair, Undersecretary Peace is finally coming to Muslim

Nabil Tan, posits that this only applies to Mindanao, but unless the POLICY on land is
the Bangsamoro as the “listening” process clear and succinct, peace may just as well be
( commissioned through the TJRC) was so fragile, ready to break anew into scattered
specifically conducted for and in the pockets of conflict.
Bangsamoro. Ergo, other peace processes
would have to conduct their own listening The Organic Law on the Bangsamoro
processes before they can be covered within Region in Muslim Mindanao does guarantee
the mandate of the proposed Commission. that (vested) property rights will be respected.
For those unjustly dispossessed of their
Upon the other hand, others propound territorial and proprietary rights, “customary
that the proposed Commission can already land tenure will be recognized”. And, where
incorporate TJR for other peace tables and the property can no longer be restored, there
IRR (Implementing Rules and Regulations) will be “adequate reparation collectively
can just identify the specific sub-commissions beneficial to the Bangsamoro people”.
that would cater to the other peace processes. Indigenous peoples rights shall be respected.
Likewise, civil society, on a regional While these are motherhood statements

scale, is also mobilizing influence drivers to on how to deal with land issues as sources
push for the passage of Resolution No. 56 of sustained livelihood and yet the root
and Resolution No. 58, pending before the of historical grievances, the overarching
Bangsamoro Transition Authority. These development strategy remains to be a gray
are counterpart proposed local legislation area.
creating for the National Transitional
Justice and Reconciliation Commission for The CAB and its Annex to
the Bangsamoro and the formulation and Normalization are devoid of any strategic
national implementation of the TJR program mechanism that tackles land issues in all
for the Bangsamoro). aspects of normalization. To address the land
tenure claims within the Transitional Justice
It is worth noting that House Bill No. and Reconciliation framework, TJR should
4003 includes a specific provision on land cut across all phases of normalization in order
dispossession while the BTA counterpart to prevent a clash of already dysfunctional
bills do not. institutional arrangements. The lofty and
dramatic language used in the framework
With the NAMRIA and LARA bills agreement poses a clear and potential danger
certified as urgent by the President, it – when rhetoric does not match actual
is imperative that the pending TJR bills practice. The agreement becomes a jumping
(Congress/HOR and BTA) be likewise board for high expectations that fall flat on
prioritized if the issue on land dispossession the ground, and another rupture of conflict(s)
/land marginalization , particularly in will thus be imminent.
the BARMM, is to be adequately and
cohesively addressed. Another jurassic challenge is the
maze of multi-layered, conflicting and
inconsistent policies in land management
and land administration of different land- 2014)
related executive agencies, the overlapping
jurisdictions and authorities of judicial and Respect and Recognition:
quasi-judicial bodies involved in resolving
TJR as a framework transcends
land disputes as provided under various laws
boundaries dictated by cultural and societal
through time.
norms. Molding the mindset in the local
Our current formal justice system context implies an inclusive process of
(statutory law) recognizes individualized participation and consultation of those
property rights regime. Not much priority marginalized due to gender, tradition/culture,
is given to utilizing customary justice or economic and social circumstances.
mechanisms even while there are existing Initiatives to address specific needs of local
enabling laws to which they can be anchored communities and victims based on the
to. Customary laws may be acknowledged participation of women and the vulnerable
and accommodated in settling land-related sectors as all as indigenous (tribal) and
disputes within the realm of the IPRA (.e.g, religious (e.g., Islam) values of justice and
for indigenous peoples) and the property conflict resolution can be a healing balm
rights regime under Shari’a law (e.g., for to treat the wounds of injustices and lead
Muslims). towards reconciliation.
Raising the Bar of TJR Consciousness Re-establishing Relations:

(ARRT)
Localizing transitional justice
Acknowledgment and Accountability: mechanisms also involves affirming
communities’ distinctive concepts of memory,
Accountability within the TJR trust, forgetting, forgiving and healing as
concept does not only mean dealing with concrete steps towards reconciliation in
the past; it equally relates to ensuring that Mindanao.
“truth prevails in the present and that justice
can still happen in the future”. This means Trust. It cannot be gainsaid that the
that assessing how grievances over land government’s commitment towards an
distribution and access to natural resources effective implementation of transitional
in the peripheries triggered armed conflict justice policies heightens stakeholders’ trust
is as relevant as pursuing accountability towards the state and reinforces the rule of
for human rights and humanitarian law law. In contrast, implementation drawbacks
violations occurring during these periods may threaten the government’s legitimacy,
of conflict. This involves mapping the creating barriers towards normalization, with
assertions of Moro identity and the justice the potential threat of destabilization looming
claims of indigenous peoples in Mindanao and the recurrence of victimization of those
and understanding the crux within which affected by the conflict. Transitional justice
violence committed by State and non-state provides some space for truth-seeking as part
actors converge. Transitional justice means of the healing process.
ensuring that victims ought to have a seat
Conceptual Framework
at the table, in all aspects of normalization
so that their experiences of injustices are Given however the vast expanse and
“acknowledged and repaired“. (Carranza, interweaving issues arising out of the decades-

Figure 1. Modified DWP Framework with focus on access to justice.
long armed conflict in Mindanao, the author This diagram illustrates the conceptual
focused on the Access to Justice mechanism framework of this research. The gaps and
and the Role of the Judiciary in its mandate challenges on the land dispute resolution
on the administration of justice in the region. justice systems in the BARMM and the
The author submits that the access to justice impact in relation to the Judiciary under
mechanism covers two (2) quadrants of the its access to justice shall be analyzed. By
DwP Framework as the delivery of justice using relevant literature, studies, the effects
impacts on the non-recurrence or recurrence on the normalization phase structure in the
of a conflict-affected region. Unarguably, BARMM shall be examined in consonance
peace and order as part of normalization with the opinions of selected participants
or conflict transformation can only be who are experts in these related fields through
guaranteed when the rule of law prevails interviews and focus group discussions shall
in a just and humane environment. Culled be determined. Implications to national
from the Access to Justice mechanism, the security will also be discussed using the data
study goes into a more specific yet complex available. Proposed mechanisms or structural
issue of land dispossession as one of the root reforms on coordination and governance will
causes of legitimate grievance and historical be verified based on interviews and FGDs.
injustice that triggered the protracted armed
struggle in Mindanao. From the analysis of the available
literature and other information culled initiative in the country, the Judiciary should
in the course of gathering data on the not only be a passive observer or a final
ground, the author propounds that with the arbiter in the administration of justice. Rather,
institutionalization of the transitional justice the Judiciary should step up to the plate and be
and reconciliation principles as part of the more proactive if it is to address deep-seated
normalization phase, which to the author’s causes of long-standing conflicts and contribute
mind, is a novel conflict transformation to a more durable peace in the region.
METHODOLOGY
This study’s conceptual definition This research determined and analyzed

of transitional justice and reconciliation is the challenges of normalization particularly
based on the Joinet-Orentlicher framework on the transitional justice mechanism in
(see Figure 10) as adopted by the Transitional relation to land disputes as one major conflict
Justice and Reconciliation Mission for the affected area like the BARMM. Thus, this
Bangsamoro region (Bleeker, 2016). descriptive research method was utilized
as part of the environmental scanning of
The research involved document the BARMM coupled with the analysis
analyses through the review of available of available results of the key informant
literature. The initial assessment of the interviews and focus group discussion.
author was tested by further data gathering The findings thus served as a platform
and validation by conducting interviews for crafting recommendations or policies
of experts, based on their academic and within the access to justice framework of
experiential contributions, and small focus the transitional justice paradigm to better
group discussions of identified stakeholders address the political, socio-economic and
thus gaining the perspectives from the ground. security challenges in the implementation of
The results served as personal insights to the normalization process in the BARMM.
support or critique the comparative analysis
of this study. Instruments and Methods of Research
Available data from agencies This research determined and analyzed

(administrative and judicial) involved in the challenges of normalization particularly
land management within the BARMM were on the transitional justice mechanism in
likewise examined within the context of relation to land disputes as one major conflict
access to justice. This research utilized a affected area like the BARMM. Thus, this
qualitative method because the findings of descriptive research method was utilized
this study were interpreted using the available as part of the environmental scanning of
summary of interviews gathered and analysis the BARMM coupled with the analysis
as supported by other relevant literature of available results of the key informant
in order to determine the implications of interviews and focus group discussion.
the Judiciary’s role in the administration The findings thus served as a platform
of justice involving land disputes within for crafting recommendations or policies
the context of national security under the within the access to justice framework of
BARMM’s normalization phase. the transitional justice paradigm to better

address the political, socio-economic and Interviews, written interrogatories
security challenges in the implementation of and focus group discussions of the key
the normalization process in the BARMM. informants, academic experts and other
stakeholders (civil society) were undertaken.
Description of Respondents
Data Analysis
The target participants for this study
were local representatives and high-ranking The information and insights gathered
officials assigned in the Bangsamoro regions from various sources were collated,
as well as individuals who are in close processed and analyzed. Results were
relation or has knowledge and functions tabulated and validated using the appropriate
of the Bangsamoro Transition Authority. qualitative method that provided the answers
Academic experts on Mindanao, particularly to the research problem. The results of the
on the BARMM, and officials from the document analyses, interviews and focus
justice and legal sector, the BARMM group discussion were then compared and
Transition Cabinet, Office of the Presidential analyzed to come up with substantial data
Adviser on the Peace Process who have findings and recommendations.
relevant information on the administration of
justice in the region were consulted . Other Research Analysis
representatives from the security sector, and
This qualitative research sought
a representation from the Muslims, IPs and
to obtain substantial data to explain the
Christian living in the area and from the
complexities and realities of the land problem
NGO or civil society sector were likewise
in conflict-related communities particularly
invited to share their perceptions of the
in the BARMM and how it translates to
normalization process or transition process
the continuum of historical grievances and
within the context of transitional justice and
injustices with the hope of carving the path
in relation to land disputes in the region.
towards sustainable peace in the region. This
Data Gathering is the very essence of transitional justice and
reconciliation.
This study reviewed official
documents retrieved from various government The data in this study was largely
offices and websites. These documents were collected through the conduct of online
culled from primary and secondary sources interviews and written questions and answers
constituting the 1987 Constitution, executive (e-mail) from a wide range of stakeholders/
orders, laws, terms of reference, agreements, target participants, not only from a local
thesis and other similar dissertations and perspective but also from the international
other related literature. Contents of these view point . Verification of these data was done
references were analyzed in relation to the through comparison with available literature
problem statement and research questions. and also by the participants themselves as part
The Transitional Justice and Reconciliation is of the process. Further validation was also
a novel concept incorporated in the country’s conducted by the author after the interviews
peace process. Thus, related studies on the through follow up questions and additional
peace process, DWP framework and other documents shared by the participants in the
related literature, both internationally and course of the interviews. The final analysis
locally sourced were evaluated. of the data was then carried out by the author.
Be that as it may, while the pandemic Justice Marvic Leonen would aptly elaborate
posed some challenges and opportunities by infusing the Constitutional principle of
in data gathering, the guide questions and social justice by stating the “rule of just law”
the technology of participation through (emphasis ours).
online tools were significant factors in
successfully facilitating the discussions. Within the author’s MODIFIED
Thus, it can be said that, in spite of the version of the DWP/TJR framework, access
limitations of this study, the results present to justice entails rights and obligations of
an incisive landscape of the intricacies of all stakeholders to ensure that the “victims”
the land problem throughout the history (e.g., marginalized, displaced) are entitled to
of the BARMM region. The study reveals some form of justice – reparation, restitution,
the peculiar challenges and a roadmap for etc.) and the corresponding obligation (of
judicial governance amidst ethnoculturally duty bearers) to enforce these rights and
heterogeneous communities in the region. provide the remedies. TJR, in this sense, is
Undoubtedly, a major take-away of this data not just top to bottom. It involves alignment
gathering phase is the resilience of people and coordination, vertical and lateral, of all
to be hopeful, optimistic and empowered to stakeholders, to ensure that the rule of (just)
give their strong support towards a peaceful law and good governance are respected. This
transition. is the rationale of the WHOLE OF SOCIETY
approach in good governance as a durable
The results of the discussions by the solution towards conflict transformation/
key informants were qualitatively analyzed sustainable peace.
using the judicial (access to justice) lens
of peacebuilding and conflict-resolution From the perspective of the State (OPAPP)
theoretical concepts infused within the and the MILF panel, the Comprehensive
Transitional Justice and Reconciliation Agreement on the Bangsamoro (CAB, for
framework. The analysis is contained in the short) and its Normalization Annex are in
succeeding paragraphs of this chapter. It the implementation process in all phases
concludes by answering the research questions of the normalization/desecuritization.
and objectives as indicated in Chapter 1 Decommissioning, with its certain challenges,
through further explanations of the proposed have been initiated and is duly monitored.
theoretical framework discussed in Chapter Interestingly, or to a certain extent, a matter
2. Further, it illustrates the application of of serious concern, the TJR component of
the author’s modified theoretical framework the Normalization Annex is practically not
(MODIFIED DWP Framework with focus on moving at all. Civil society is manifesting
ACCESS TO JUSTICE) through its proposed its frustration that national and regional
institutionalization within the normalization initiatives on TJR have not at all materialized
phase during the transition period of the given that the BTA 3-year transition timeline
OLBARMM. is about to expire in the year 2022.
The Transitional Justice and Quo vadis?

Reconciliation framework serves as a
Others interpret that the ball is on the
reference tool on promoting access to justice
panel that introduced TJR as a negotiating
as a means for conflict transformation under a
condition for peace and therefore that
rule of law regime. Supreme Court Associate
leadership should champion its actual

implementation. Another alleges however security sector .These are but a few concrete
that prudence dictates that TJR as the last illustrations of programs applying the TJR
phase of the Normalization Process, and framework.
given the 3 year timeline to expire by
2022, should best be left off for the next Also, a review of literature and as
administration to implement. In other words, validated during interviews and FGDs,
it goes to the “backburner”. The author the key to a sustainable TJR mechanism is
is mindful of the politics of governance TRUST. This is a significant value-added
revealed through the justifications made by component of a successful TJR initiative.
the actors involved. However, if one takes a Trust, while an abstract concept, simply
thorough look at the Normalization Annex, imparts a sense of security. It is part of
the author humbly argues that the TJR confidence building. Trust is an essential
component was erroneously conceptualized building block towards sustainable peace.
as a “stand alone” program. This could From the lens of the justice system, a
be the reason why it could not take off, or peaceful settlement of a dispute is always
that the implementors find it challenging on secured on trust.
how to implement programs under the TJR
An emerging trend on transitional justice
component.
is geared towards gender-sensitivity and culture-
Transitional Justice and Reconciliation sensitivity. Related literature and interviews
is a concept, a framework, a mindset, a reveal the need and the demand to “deconstruct
norm, a principle. It is not a “program”. It traditional power relations” in order to nurture
is a mechanism intended to be incorporated inclusion and social harmony in the BARMM.
in all phases of the Normalization process – (Cagoco-Guia, 2019).Admittedly, nurturing
from security, socio-economic development changes in cultural mindset to enhance gender
programs, confidence-building initiatives power relations is as crucial now as the BTA lays
and down to the “TJR programs upon the its groundwork for good regional governance.
recommendation of the TJRC”. Civil society advocates a call for a shift of what
is perceived to be a “traditionally feudalistic
TJR in general, as a framework, as a and patriarchal” set up in order to conform with
norm towards conflict-transformation and international guiding principles of social justice.
sustainable peace, is CROSS-CUTTING. They stress that gender must be integrated
It must be intertwined and interrelated into all aspects of the transition process. Data
in all phases of normalization. Thus, the validates that the role of women as peace
TJR mechanism in the socio-economic negotiators is intertwined with gender justice
development programs is to provide for in Islam practice. To illustrate, interviews and
access to basic services (housing, health, literature similarly reiterate that the Quran and
education, livelihood and even land). TJR fundamental principles of Islam support gender
mechanism in the security phase would mean justice, but patriarchal societies diminished this.
reintegration of former rebels into the State’s (Tikmasan, 2014). The implementors of reform
security sector either as local law enforcers are often in the shadows, especially if they are
or in the government armed forces. Another women. TJR is the oil that drives the engine of
TJR mechanism that is gender-sensitive gender-balance, so to speak.
and culture sensitive is to reintegrate
former women rebels into the government’s Effective use of TJR tools involves a
well-defined scope, participatory in character, Narratives, literature and discourses by
resilient and locally contextualized, if it paves key informants reveal common sentiments of
the way towards reconciliation and to make mistrust, suspicion and betrayal, or generally
good on the promise to address the legitimate negative perceptions of the other group(s).
grievances of the Bangsamoro nation, rectify The TJR framework deals with truth-telling.
historical injustices and redress for human Some call for evidence to demand justice --a
rights violations (Domes, 2014). sense of accountability for injustices can be
compromised, as some would claim, owing to
As revealed during the data gathering, a the age or the emotional burden of the “victim”
whole of society approach brings out new voices who could hardly testify.. or because simply
into the transitional justice platform, manifesting they have no “real evidence” as required under
the desire to be more context-responsive by the statutory law such as written document to
use of local, community based “traditional” or prove ownership.
indigenous or culturally-driven mechanisms
towards conflict/dispute resolutions. This TJR If a solution is rendered, then it is seen as
strategy appears to be more relevant and a salve (gamut), a medication for the pains that
accessible to local populations, particularly the violence and conflicts have inflicted through
to the grassroots who more often than not, are the years with most dating back from the time
unaware, either intentionally by authorities of the Ilagas onwards, except for Tedurays,
with their own agenda, or inadvertently for who want to go back as far as 1901 when the
lack of access to education and empowerment first homesteaders encroached on their lands.
channels, of existing “western” or state-driven (Castillo, 2014) For some, fear prevails that
mechanisms. Lessons from other countries that truth-telling may lead to potential conflicts.
were confronted with similar land-related issues “We are not always open about what we went
of overlapping claims, marginalization, internal through because it might be used as a “weapon”
displacement and other injustice linked to against us, manifesting fear that what they say
access to land may be useful (Carranza, 2014). may bring further harm (Castillo, 2014).
To reiterate, there is no such thing as But how far can one go back and recall
one size fits all TJR mechanism. Each societal the trauma, to tell the truth, to be able to heal
environment customizes transitional justice and to forgive and to demand some form of
to address the needs of its constituents. Yet, a accountability? As some key actors would
contextualized or localized TJR intervention, argue, there has to be some cut-off in order to
especially in a highly volatile and complex issue maintain the rule of law.. vested rights must be
of land tenure is not simply synchronizing global respected and recognized.
models to peculiarities of a certain locality. It
demands innovation, creativity, proactiveness, All told, TRUST , as the author
bargaining powers, problem-solving coupled understands it to be within the purview of
with TRUST. TJR, must be forward looking, with historical
injustices to be forgiven through the healing and
This brings the author to the very essence accountability agreed upon by the stakeholders,
of TJR. Trust is the main driver towards with the common desire for normalization of
conflict transformation and sustainable peace. relationships so that future generations do not
But that entails a deeper soul searching by all suffer the recurrence of violence or conflict.
stakeholders.

RECOMMENDATIONS
The BARMM, with its kaleidoscopic on conflict can be addressed without

culture and heterogeneous population, is going through the rigorous process of
not spared from the challenges of “nation- litigation either under an informal and /
building” through good governance. It is not or formal justice system(s).
a matter of quick fixes or stop gap measures.
To illustrate, the national leadership
It is not a one size fits all solution.
(through the President) may consider the
Against this backdrop of policy and issuance of a presidential proclamation
implementation issues that BARMM declaring Marawi (Ground Zero)
stakeholders are confronted with, the alienable and disposable. As Justice
author, as a member of the Bench, a TJR Carpio explained and applying the
advocate , and at the same time, looking at principle in the 2009 landmark decision
the normalization process from a national in Heirs of Malabanan v. Republic, the
security lens, humbly proposes the following proclamation’s legal effect is that former
recommendations anchored on the following inhabitants of Ground Zero/Marawi,
premises: restructuring the legal/judicial and who are able to establish that they and
institutional architecture on land management their predecessors-in-interest have
and resolution of land disputes, creating the been in possession of the subject lands
necessary enabling political environment since June 12, 1945 are automatically
for judicial/legal reforms, implementation deemed legal owners of their lands.
of clear and well-defined land policies that Their action is to file a petition before
are sustainable, conflict-sensitive, conflict- the appropriate trial court to establish
transformative, and inclusive, viz: their possession since June 12. 1945
pursuant to Section 48(b) of the Pulbic
Short Term Land Act. The proclamation would
extinguish fears and anguish among
1. REVISIT the Implementation of
the former Marawi residents that they
the TJR component of the CAB and
could no longer reclaim/repossess their
the Normalization Annex – INFUSE
lands. (Caveat: The petition, to avail
specific TRJ mechanisms ACROSS
of this benefit , must be filed in court
all phases of normalization through
before 31 December 2020).
land-related initiatives particularly on
incorporating land-related initiatives (NOTE: Or in the alternative, OPAPP
that could support the healing and should, applying the whole of society
reconciliation process. To illustrate, approach, consult and involve the
decommissioned women BIFF soldiers regional level (government and civil
can be integrated into the local security society) on how TJR mechanisms are
sector as local law enforcers. Former to be implemented in all aspects of
rebel camps can be transformed into normalization). In this way, the TJR
self-reliant communities for displaced phase of normalization will not be
families with programs for self-reliance placed on the “backburner”. This will
such livelihood, education and shelter. rely however on the level of leadership
by the OPAPP to embrace this evolving
In this way, land-related issues rooted
peacebuilding concept).
2. Encourage the GPH and Awareness Building:
MILF to FACILITATE
INSTITUTIONALIZATION of the 1. ENRICH jurisprudence through
recommendations of the Joint WB- Supreme Court decisions that
IOM technical team in its Report incorporate TJR as a legal framework
submitted to the TJRC entitled “Land: on social justice issues particularly on
Territory, Domain and Identity” (2017) land and incorporating therein gender-
(Land:Territory, Domain and Identity, sensitivity and cultural sensitivity
2017) in legal/judicial literature. This may
provide the groundwork for legislative
Capacity building in the Legal Education reforms in land-related laws that are
System: no longer reflective of the needs of
the marginalized sectors particularly
1. INCORPORATE TJR concepts those deprived or displaced from their
in legal education curriculum (e.g, lands/homes due to conflicts and of
international human rights and marginalized/vulnerable groups. In
humanitarian law), basic knowledge this way, potential TJR champions
on Shari’a law and the IPRA, through in the Judiciary will give hope for
coordination with PALS and the LEB; the stakeholders on the realization of
conflict transformation in the BARMM
2. TRAINING of Judiciary personnel
using the TJR framework;
on TJR mechanisms in resolving cases
particularly land-related cases through 2. LEGAL EMPOWERMENT through
PHILJA, basic knowledge on concept legal assistance to the marginalized
of land ownership under IPRA and so that they take action in asserting
Shari’a law; their rights or push for enforcement of
judgments either through informal and
3. CONVENE Committee on Gender
formal justice systems. This is doable by
and Discrimination to assess and
mobilizing the services and resources
recommend the adoption of procedural
of the Public Attorney’s Office (PAO),
rules that reflect cultural and gender-
the Intergrated Bar of the Philippines
sensitivity in the handling of land-related
(IBP) and the school-based legal aid
cases in the BARMM particularly
clinics in ensuring participation by
those that tend to marginalize women
the concerned stakeholders or their
and children in the resolution of land
representatives in local governance
disputes;
structures particularly in dispute
4. Supreme Court through the LEB, to resolutions. Enhance grassroots rights-
EXPLORE the possibility of introducing empowerment through legal education
a slot system / representation of IPs , programs.
Muslims in law schools, especially in
3. TRAINING and EDUCATION
national (State) academic institutions
by PHILJA in collaboration with
without violating the constitutional
other legal institutions and the help
mandate on equal protection .
of civil society and the international
community, of local authorities/

elders ( decision makers in customary/ Build a database on land-related claims.
informal justice systems) on the rule of The BARMM can be identified as the
law in handing land disputes based on pilot project for this land database by the
international working principles; Judiciary.
4. ASSESS legal education program and Similarly, the appropriate Department /

training to incorporate into academic and Agency in the BARMM (i.e., for housing
training curriculum Shari’a and customary and land use/land administration, for
law practices as part of subjects involving information and technology, urban
mediation, conflict management, legal planning) can build the housing and
philosophy, or social justice. land administration IT infrastructure
in coordination/consultation with
5. Empowerment through SLOT other concerned/impacted land-related
system /allocation for wider minority government agencies.
representation (IPs, Muslims) in law
schools and in judicial positions. Medium Term
6. REVIEW ELIGIBILITY requirements The Judiciary, by way of judicial

for Shari’a Judges taking into account oversight, can hammer out institutional
gender-sensitivity and cultural sensitivity. mechanisms for transitional justice.
(Note: Eligibility requirements are in
reality disadvantageous to Shari’a lawyers 1. Create an Inter-agency Access to
who cannot qualify as Shari’a Judges, Justice Cluster (with the Judiciary as
especially women Shari’a counsellors, lead convenor) that deal with policies
due to additional qualification of a degree on land management and administration
in Islamic Studies.) in relation to land dispute resolutions
in the BARMM. This will serve as a
7. BASIC LEGAL EDUCATION of the platform for coordination, consultation
security sector by incorporating modules and participation of stakeholders to
on Conflict Management through ADR recommend TJR initiatives in resolving
(in consonance with Bayanihan Plan land-related conflicts in the region.
or ELCAC) so that the security sector
can perform a more pro-active role in 2. Confidence Building. Assign a Special
facilitating community-based dispute Division in the Court of Appeals on
resolution. This can be incorporated Shari’a and IPRA to handle cases
in the modules of the military training emanating from lower courts that involve
arm (PMA, CGSC, NDCP) and law- land disputes in the BARMM with justices
enforcement institutions (PPSC) in and staff trained on cultural sensitivity on
collaboration with the legal institutions the distinctive sociocultural landscape in
(PHILJA, IBP, PALS). the BARMM;
8. INFORMATION TECHNOLOGY 3. Introduce as part of the rule-

IN THE APPLICATION OF HOUSING making power of the Supreme Court, a
AND LAND PROPERTY CLAIMS: community-based approach through
ADR mechanisms in resolving land
disputes within the local context of
customary justice and encourage JRD that laws to streamline the land administration
infuses TRJ concept to avoid escalation of structure. The OLBARRM may be the
conflicts that mutate to court litigations. model for operational coherence in land
This may serve as a working tool to governance by ensuring multiple land-
expedite the resolution of land-related related agencies and inconsistencies/
cases and minimize court congestion; conflicts in land-related laws are
addressed;
4. Review rules of procedure in IPRA
and Shari’a law and recommend These bills have been certified as URGENT
amendments to the Committee on the by the President of the Philippines.
Revision of Rules so that the procedural
rules reflect cultural sensitivity and Pave the PASSAGE in Congress of House
gender-sensitivity in handling land- Bill No. 4003 known as “An Act Establishing a
related cases in the BARMM; Transitional Justice and Reconciliation Program
for the Bangsamoro, and Appropriating
5. The Supreme Court through the Court Funds thereof “and at the regional level, the
Administrator convene a Committee/ Bangsamoro Transition Authority adopted
Commission or technical working group Resolution No. 56 and Resolution No. 58 which
to study the effective implementation call for the creation of the TJRC (Transitional
of the justice mechanisms in the Justice and Reconciliation Commission) in the
OLBARMM as part of the social justice BARMM. A law must also be enacted by the
reform initiative of the Judiciary and to BTA or through the Bangsamoro Parliament
make appropriate recommendations. Fill in order to create this Commission. (Rallonza,
in the positions of the Office of the Deputy 2020) . These must be given priority.
Court Administrator for the BARMM,
Shari’a courts in region and nationwide, NOTE: These pending bills must
fill in posts of regular/statutory courts in be harmonized if the issue on land
BARMM). dispossession/land marginalization not only
in the BARMM but in the entire country is
6. Institutional/ Structural Reforms. to be cohesively addressed.
LEGISLATIVE INITIATIVES: The
TJR framework cuts across all sectors Long Term
, Supreme Court through jurisprudence
Institutional and Structural reforms
can call for a review and amend our
land-related laws that illustrate a 1. REVIEW the Justice System
dysfunctional and discombobulated land structure of the OLBARMM and
management and administration system assess on how the formal justice system
and to streamline the process in order to can incorporate local /customary justice
avoid congestion of land-related disputes principles within its judicial structure. A
that enter the justice system. Along this sample model of the existing structure
line, the pending NAMRIA Bill (House and its seeming gaps is hereby illustrated
Bill No. 02753, 25 JULY 2019) and the with the proposed restructuring under the
proposed Land Administration Reform TJR framework of infusing customary
Act (LARA) may be the groundbreaking justice institutions in land governance.

CONCLUSIONS challenges, and local resources and who are
empowered to (re)build a new society. It
Transitional justice and reconciliation demands creativity to initiate new solutions,
is still an evolving norm and there is no hard problem-solving strategies, participation of
and fast rule on how it is to be incorporated all stakeholders and serious negotiations to
within a country’s governance landscape, address competing claims and interests. The
especially so when it delves into the highly- Judiciary, being the bastion of justice and in
charged arena of land tenure rooted on a upholding the rule of law, can do its humble
history of violent conflict. The massive in contributing towards a more inclusive,
challenges confronting transitional societies more just, more empathetic governance in
with devastating legacies of conflict require the BARMM.
more long-term and contextually informed
interventions. The metamorphosis of a conflict-ridden
and poverty-stricken environment into a
Its various models are a response not progressive and peaceful society is not the
just to the global context but also to the way sole responsibility of the State, national or
that each society adapts transitional justice to regional. It is the “collective responsibility”
address local needs and local expectations. A of the whole of society .Governance needs to
context-based TJR approach is not simply a be interactive, consultative, participatory,
process of retrofitting a global model to align and inclusive. (Buendia, 2019). And the
with local peculiarities. The relevance of author would amplify, governance needs to
those lessons (from other models) can only be reflexive or resilient.
be judged by those who understand local
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Nation-State: Governance challengs, issues and recommendations. Stratbase ADR Institute
Occasional Paper.
Cagoco-Guia, R. (2019, January 28). "Building back better" a gender-fair BARMM.

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better-a-gender-fair-barmm#ixzz6RNVG6m4M
Carranza, R. (2014). Transitional Justice in MINDANAO AND THE PHILIPPINES.

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GOLD
Humps in the Sea: Understanding the

Importance of Sibutu Passage/Strait:
Constraints and Challenges in Securing a
Strategic Chokepoint
RODERICK A BALBANERO
ABSTRACT
The Philippines has been parrying with the international countries in terms of military,
economic, diplomacy, politics, and information. However, it can do little to stand “toe-to-
toe” with a big state whether in terms of military, politics, and diplomacy. The Philippines
currently rely on alliance and international organization just to be heard, noticed, and stand
a chance in any political issues. Somehow, the Philippines neglect to uplift its political and
diplomatic status due to the lack of national power. Apparently, exploiting the geographical
features of the Philippines, especially the chokepoints, provided the answer. The chokepoints
carry so much control and influence which could uplift the Philippines domain of influence
and geopolitical weight. The challenge then is to make sure that these chokepoints are secured
and managed well. This is the objective of the study, developing a robust and comprehensive
maritime security strategy for one of the most important chokepoints in the Philippines, the
Sibutu Passage/Strait. The success of the strategy will then determine the position of the
Philippines in the international community by playing an active role in securing important
international trade routes.
Keywords: Sulu-Celebes Sea, Sibutu Passage, maritime security, strategic chokepoint
INTRODUCTION
The word “hump” originated from a strategic recourse that could uplift the
the Dutch word “homp” meaning lump in status of the Philippines as a caretaker of an
English. According to Word Reference the important strategic chokepoint.
word “hump” when used as a noun is a
National Power of the Philippines
rounded lump that sticks up and as a verb to
“hump” means “to raise the back as to form In the document National Security
a hump” like some animals do when they Strategy (NSS) of the Philippines, five
are scared and annoyed (Word Reference, (5) instruments of national power have
2017). In which case when used as a noun, been included namely: political and legal;
the “hump” could be an obstacle on a smooth diplomatic; informational and intelligence;
path that needs to be flattened, while when economic and technological; and military
used as a verb, the “hump” could be used to and law enforcement (Duterte, 2018).
show strength when threatened by a much However, there are no concrete sources or
stronger opponent just like a frog would literature on the elements of the national
do when it is about to be eaten by a much power of the Philippines where to apply
larger and stronger snake. The “hump” the instruments. Determining the element
will illustrate the security situation of the of national power is important to determine
Sibutu Passage/Strait where the different whether it is satisfying the national interest
threats undermine the security of the of the Philippines because the distribution
strategic chokepoint. Likewise, the meaning of national power per se in the international
of a “hump” use as a verb will show the community is not equal. This implies that
posture of the strength of the Philippines no country can be found not exerting effort
while implementing maritime security as to increase the level of its national power

to enhance its position in the international Sibutu which is a narrow and deep passage
system (Zarghani, 2010). of 18 miles or 29 km wide that separates
the Philippines islands of Tawi-Tawi and
Lacking pertinent sources or related Borneo. United Nations Convention on
literature on what are the elements of the Law of the Sea (UNCLOS) recognized
the national power of the Philippines, Sibutu Passage/Strait as an international
necessitate the study to construct the waterway where ships under the customary
Philippines’ element of national power by international law enjoy the right of innocent
anchoring on the University of Political passage (Kapunan, 2019).
Science categorization of natural power. The
University of Political Science constructed In the aspect of security, Sibutu
five (5) categories of national power namely: municipality is relatively peaceful, which
1) natural, 2) scientific and technological, 3) is also the same as Tawi-Tawi province.
political, 4) social and ideological, and 5) However, it is being traversed by the Abu
external elements. Sayyaf Group (ASG) when conducting
maritime kidnapping in Sulu or Celebes
Arguably Philippines have properly sea. The frequent venture of the ASG to
exploited the population especially the conduct maritime terrorism gave the passage
Overseas Filipino Workers (OFWs) a bad reputation especially when Regional
numbering 2.2 million individuals as of 2019 Cooperation Agreement on Combating
(PSA, 2020). These significant numbers Piracy and Armed Robbery against Ships
of Filipinos working outside the country in Asia (ReCAAP) issued several alert
have provided an economic boost to the advisories to international shipping on the
Philippines through their remittances. The risk of maritime kidnapping in the area.
contribution of the OFWs to the Philippine
economy has branded them as the new heroes World Trade: Philippines control
of the country. This is an indicator that the secondary maritime routes
Government of the Philippines (GPh) has
been exploiting the population as an element It has always been claimed that
of national power. the Philippines is a strategically located
archipelagic country that lay between East
Tawi-Tawi and Sibutu Passage/ and Southeast Asia. In fact, in the perspective
Strait at the forefront of Sea Lines of of the United States (US), the Philippines
Communication (SLOC) is a key ally that provides a rebalance of
military power in Asia, especially with the
Tawi-Tawi is the southernmost province current resurgence and assertiveness of
of the Philippines made up of 307 islands China in the region (Cook, 2016). However,
and islets wherein located in the north and this is only an allied perspective and purely
west of the province is the Sulu Sea, while from a realist or military standpoint that is
on the east and south is the Celebes Sea. debatable. Perhaps this argument is only
Tawi-Tawi is part of the Sulu Archipelago meant to build up the allied status of the
Reef Complex, known as the apex of Global Philippines and portray that it is important to
Marine Diversity (Arsad, 2008). preserve diplomatic relations which satisfy
US national interests. Other than the military
The Sibutu Passage/Strait, on the
aspect, the alternative lens would be in the
other hand, is located in the municipality of
economic and international trade.
125 Humps in the Sea: Understanding the Importance of Sibutu Passage/Strait: Constraints and Challenges in Securing a Strategic Chokepoint
According to United Nations (UN), 1. Installation of seven (7) Littoral
the world’s oceans account for nearly 90 Monitoring Station (LMS). LMS are
percent of all international commerce monitoring stations equipped with
(Global Security, n.d.). Among the major electronic monitoring equipment to
maritime routes in international commerce monitor transiting ships in the area of
are the Panama Canal, Cape of Good Hope, operation.
Gibraltar, Suez Canal, Strait of Hormuz,
Bosporus, Bab el-Mandab, and Strait of 2. Identification of ASG personalities
Malacca (Rodrigue, 2017). involved in maritime kidnapping as
well as identifying vessels used by the
Maritime kidnapping prominent threat ASG.
in Sibutu Passage/Strait
3. PCG and PNP conducted an
Since the founding of the ASG in 1991, inventory and eventually tagging of
the group has been involved in kidnapping all vessels in Sulu, Tawi-Tawi, and
and terrorism activity. But during that time, Basilan.
the kidnapping activities of the ASG were
mostly abduction on land and not at sea. It 4. Identification of maritime routes
was only in the past decade, that maritime and transit/refueling points used by
kidnapping was conducted by the ASG the ASG in their maritime kidnapping
specifically targeting foreign merchant venture.
vessels who usually pay a large amount of
5. Relatedly, Western Mindanao
ransom money (IPAC, 2019). Henceforth,
Command (WMC) stationed AFP
the ASG’s maritime kidnapping became
detachment in all identified transit/
the most prominent threat in the Sulu
refueling points of the ASG.
and Celebes Seas. The ASG’s maritime
kidnapping peaked in 2016 with 15 incidents 6. Implementation of naval and PCG
victimizing 57. Sibutu Passage/Strait then blockade in Sulu and Tawi-Tawi
was being dubbed as the “New Somalia” or province.
“Southeast Asia’s Somalia” referring to the
Somalia pirates that have been thriving in 7. Creation of inter-agency task force
the Gulf of Aden. to curb maritime kidnapping.
Countering maritime kidnapping in 8. And related to the implementation

Sulu-Celebes Seas of Martial Law in Mindanao, maritime
curfew in Sulu, Tawi-Tawi and Basilan
Countering the threat of maritime province.
kidnapping became the primary objective of
the Armed Forces of the Philippines (AFP) Turning to Security Cooperative
with the assistance of other security agencies Agreement for solution
such as the Philippine National Police (PNP),
The Sulu-Celebes Sea has become a
Philippine Coast Guard (PCG), and other
hotbed of maritime kidnapping conducted
government agencies. Some of the maritime
by the ASG in the last decade. Due to the
security measures implemented by the AFP,
rise of maritime kidnapping together with
PCG, and PNP are the following (WMC,
other non-traditional security concerns such
2018):

as piracy, armed robbery, smuggling, illegal 2. What is the current maritime security
fishing, and transnational crimes, the foreign environment in Sibutu Passage/Strait
ministers and chiefs of defense forces of and its peripheral areas?
the Philippines, Indonesia, and Malaysia
signed a Joint Declaration on an immediate 3. What are the constraints and
measure to address security issues in the challenges affecting the security of
Sulu-Celebes Sea on 5 May 2016. This then Sibutu Passage/Strait as a strategic
led to the actual signing of the Trilateral chokepoint?
Cooperative Arrangement (TCA) in Jakarta
4. What are the strategic options
on 14 July 2016 (Al-faruq, 2018). The initial
available in securing Sibutu Passage/
goal of the TCA was to counter the spate of
Strait and how should the Philippine
maritime kidnappings mainly perpetuated by
government implement a suitable
ASG in 2016 and strengthen the protection
maritime security?
of sailors and fishermen crossing the Sulu
and Sulawesi Seas (IPAC, 2019). In order to implement a suitable
maritime security strategy in Sibutu Passage/
Undoubtedly Sibutu Passage/Strait
Strait, the study will pursue the following
is facing several challenges and threats,
objectives:
and the maritime security implemented
has some gaps and constraints that limit 1. To determine the strategic
its success. Therefore, the purpose of this importance of Sibutu Passage/Strait
paper is to develop a robust and effective in the international maritime trade/
maritime security strategy at Sibutu Passage/ navigation
Strait as an important strategic chokepoint.
The study will further analyze the existing 2. To understand the current maritime
constraints and challenges that complicate security environment at Sibutu
the maritime security in the passage and Passage/Strait and its peripheral areas
eventually present strategic options available
3. To understand the constraints and
to national security administrators. The
challenges that threaten the security of
ultimate objective is to elevate the status of
Sibutu Passage/Strait
the Philippines as a caretaker of important
maritime chokepoints, which can be a source 4. To present strategic options in
of national power. For these reasons, this securing strategic chokepoints and
study will answer the following questions: determine how should the Philippine
Government implement a suitable
1. To what extent is Sibutu Passage/
maritime security
Strait important to the international
maritime trade/navigation?
Elements of National Power – Definitions, Zarghani said that geopolitical weight

Functions, Measurement determines the position of a country relative
to its national power and eventually affects
In the past century, power politics used its national strategy.
in international relations (IR) would most
likely lead to war. Nowadays, countries Relatively, Zarghani further identified
use national power not necessarily to go to that national power has two (2) aspects
war but to outpower others. In the book of namely: aspect of influence and aspect of
Seyed Hadi Zarghani titled “Measurement force. He argues that “aspect of influence
of National Power: Definitions, Functions, is more subjective and countries and
Measurement,” published in April 2010, it governments try to apply their power by
presented a new model as a result of studying imposing their influence on others and by
28 theories conceptualized by different fulfilling their determination. The aspect
scholars. The model provides a basis to of force is more objective and depends on
relate the importance of the Sibutu Passage/ military power and punishment tools which
Strait with national power. are used by governments in the next steps
and when the aspect of influence does not
National power links to national strategy prove effective” (2010).
and national interests
United Nations Convention on the Law of
Zarghani’s model describes that there the Sea (UNCLOS)
is a three-way relationship between national
power, national strategy, and national. The main construct of this study is
He claimed that “the quality of level of anchored in understanding the provisions
satisfying national interests depends on the of UNCLOS. UNCLOS is an international
level and quality of national power of that agreement on the law of the sea to settle
country. In order to establish a relationship issues of coastal jurisdiction and it has
between national interest and national defined the coastal jurisdiction of inland
power, strategy plays an important role. In waters, territorial waters, archipelagic water,
other words, strategy is manifested between continental shelf, and EEZ (Sailor Insight).
two phenomena and issues; one is power and
its tools and the second one is the goal and The Philippines is one of the original
objective. signatories to the international agreement
signed in November 1982. It must abide
Relationship of national power to by the provisions of UNCLOS. Among the
geopolitical weight and domain of important provisions of UNCLOS is the
influence provision in Part IV titled the "Archipelagic
States," which includes all articles from
Aside from the relationship of national 46 – 54. The provisions in Article 47 - 49
power with national interest and national provided a legal status of the GPh to define
strategy, the model also established the the archipelagic baseline. Article 52 further
relationship between geopolitical weight, defines the right of innocent passage wherein
the domain of influence, and national power. a foreign ship can invoke while passing

through archipelagic waters. Article 52 titled Importance of Strategic Maritime
“Right of Innocent Passage” specifies that Chokepoints
the Philippines can suspend temporarily the
right of innocent passage of foreign ships if An important construct of this study was
it is essential for the protection of its security understanding the importance of maritime
but enforced only on specified areas and chokepoints. With the world oceans catering
upon publication (United Nations, 1982). for 90 percent of the international commerce,
Article 53 titled “Right of Archipelagic” it is but fitting to know which maritime areas
sea lanes passage invokes the right of the constrict the movement of shipping. As
Philippines to designate sea lanes and air defined in this study, maritime chokepoints
routes termed as archipelagic sea lanes include straits, capes, canals, and passages
where it can prescribe the axis of sea lanes which all constrict the passage of shipping
and traffic separation schemes for the safe to a narrow lane that offers potential control
passage of ships. of the world’s sea lines of communication
(Global Security, n.d.).
Experts of Sea Power (Manhan and
Fisher): Vision on Command of the Sea From a realist point of view, such as
Mahan and Fisher, maritime chokepoints
One construct of this study was the have the potential of commanding the
concept of sea power concerning maritime sea, gaining the advantage, and denying
security and strategic chokepoints. Two its adversaries freedom of movement.
(2) renowned fathers of sea power Captain Throughout history, seapower wage war
Alfred Thayer Mahan and British First Sea for control of chokepoints through decisive
Lord John Arbuthnot Fisher exemplified operations to have control of the sea (Global
the command of the sea which requires the Security, n.d.).
control of the strategic chokepoints.
In contrast to a liberalist and neo-realist
Alfred Mahan’s book titled "The point of view, a maritime chokepoint is the
Influence of Sea Power Upon History 1660 – lifeblood of the world economy. According
1783" discusses the following: the elements to Rockford Weitz. in his study of Strategic
of sea power; accounts and analysis of Maritime Chokepoints, the international
different states, maritime countries, and trade flows and merge in the following
continents; maritime conflicts; as well as strategic waterways: the Malacca Straits,
maritime events and incidents from 1660 to the Strait of Gibraltar, the Suez Canal, the
1783. Turkish Straits, Bab al-Mandab, the Strait
of Hormuz, the Cape of Good Hope, Cape
Another renowned expert on sea power Horn, the Bering Strait, the English Channel,
is John Fisher who like Mahan invoked the the Danish Straits, the Panama Canal, and
command of the sea. What is significant in the Windward and Mona Passages. Each
Fisher’s theory is the importance of natural maritime chokepoint has a different strategic
chokepoints in the sea. Fisher’s argument significance depending on its geography,
on strategic chokepoint follows the same history, infrastructure, and availability of
argument that this study pursued which alternative sea routes (2018).
will be further explained in the succeeding
related literature on chokepoints. The study used a modified Evolving
US Army Operation Design Framework
Figure 1. Evolving US Army Operational Framework
(Source: Presentation of LTC Ercolano to CGSC 59)
introduced by LTC Mike Ercolano to Conceptual Framework

Command and General Staff Course Class
#59 on 30 May 2014. The original framework The study’s conceptual framework still
is shown in the figure 1. follows the US Army design methodology
of having an environment, problem, and
The US Army design methodology solution frame. The modification however
provides planners a system to frame was made, first instead of guidance, the
complex, ambiguous and interactive modified framework used national power
environments. A process is a systematic as the anchor of the study. To understand
approach that promotes holistic thinking the environment, the study first determined
(Dagher, 2018). The process starts with the the key actors. Then the study analyzed the
guidance, orders, policy, or law handed down following: concepts; theories; international
to address a certain issue or problem. The laws; structures; current situation; the
first activity as explained by Jean Dagher different threats; existing security measures;
is framing the environment which involves and other data required to complete
developing an in-depth understanding of the desired and existing condition. The
the current operational environment and discrepancies between the existing and
envisioning the desired one. Using the US desired condition generated constraints and
Army design methodology as a basis, the gaps in the system. The constraints and gaps
researcher modified the framework to suit produce in the environment frame became
the requirement of this study as shown in part of the problem frame.
figure 2.
In the strategic option and solution
frame, different possible solutions were

Figure 2. Modified US Army design methodology framework.
presented, however, only those that are formed the maritime security strategy of
viable and supportable were adopted in this Sibutu Passage/Strait. The strategic option
study. Also, the strategic option determined or solution frame was then validated to the
by the study was analyzed according to the intervening variables as to its relevance.
advantages and disadvantages it carries and Finally, the developed maritime security
its possible implications. After undergoing strategy was aligned to national interest in
the process, the study finally deliberated relation to national power.
the suitable recourse to undertake that
METHODOLOGY
The study employed a qualitative and The analytical tools used are the following:
explanatory research to know the unknowns Stakeholder Analysis to know the key actors
given limited data on the environment of who could influence the purpose of the
Sibutu and Tawi-Tawi. The study then study; Environmental Framing to provide a
relied on document analysis, key informant comprehensive understanding of the existing
interviews (KII), two (2) focus group environment and eventually determine what
discussions (FGDs) and content analysis is the desired system that should prevail in
in order to gather the much-needed data. Sibutu Passage/Strait and Tawi-Tawi; Causal
To concretize the argument and discourse Loop Diagram to create a clear picture of the
of the study, several analytical tools were complex but interrelated system existing
used to know the unknowns and discover in the passage and its peripheral areas; and
the relationship of the different variables. Bueger’s “Semiotic” Framework to find
strategic options that is transdisciplinary requires three classes of research participants:
to a complex situation. All these data and Category 1 (experts) – includes academe and
tools constructed a comprehensive maritime subject matter experts (SME); Category 2
security strategy for Sibutu Passage/Strait. (architects) – planners and national security
administrators; and Category 3 (operators) –
The research puzzle of this study implementers and benefactors.
The study was undertaken to find maritime trade/navigation. As of 2019,

solutions in addressing the existing Sibutu Passage/Strait already catered for
maritime threats that have been pestering 20,000 vessels or 5 percent of the world's
the Philippines and the international maritime trade amounting to US$40 billion.
communities. Among the threats is the Likewise, the passage can cater to the super
presence of the notorious ASG that has vessels with DWT > 300,000 which the
conducted a spate of maritime kidnapping in Strait of Malacca is unable to accommodate.
the Sulu-Celebes sea which almost dubbed Due to the limited capacity of the Strait of
the Philippines as the “New Somalia” or Malacca to accommodate mega vessels,
the “Southeast Asia’s Somalia” in 2016. In these vessels take the alternate route of
the process of finding solutions, the study passing through the Sibutu Passage.
recognized the potential of the chokepoint
Proving the importance of the Sibutu
to become much more than a passage for
Passage/Strait in international trade/
international trade/navigation but could
navigation, the study did determine that it
uplift the Philippines’ geopolitical weight
can be used as an element of national power
and domain of influence. It only requires a
for the Philippines. The passage can control
sound and comprehensive maritime security
a significant amount of international trade/
strategy to increase the quality and quantity
navigation which implies that it carries
of geopolitical weight and the domain of
much power. With that amount of power, the
influence that will eventually uplift the
passage can cause and influence international
position of the Philippines as a caretaker
trade/navigation. If the Philippines manages
of important international trade/navigation
to implement a maritime security strategy,
routes. This is the construct of the study
it can gain control and have the ability to
developing a robust and comprehensive
influence international trade/navigation
maritime security strategy for Sibutu
which in effect, can increase the Philippines’
Passage/Strait consequently providing the
domain of influence, geopolitical weight,
Philippines a new source of national power.
and uplifts its position in the international
Research Objective #1: To determine the communities as a caretaker of important
strategic importance of Sibutu Passage/ strategic chokepoints for international trade/
Strait in the international maritime navigation. Moreover, when a state has gained
trade/navigation an extra mile in the domain of influence,
geopolitical weight, and subsequently uplift
The findings of the study were its position internationally, it can be claimed
unanimous and conclusive that Sibutu that the state did gain national power.
Passage/Strait is important to international
Research Objective #2: To understand Sibutu and Tawi-Tawi is stringent but not as
the current maritime security stringent during the declaration of Martial
environment at Sibutu Passage/Strait and Law in 2017. Some security measures were
its peripheral areas removed, such as naval blockades and curfew
at sea. However, constant sea and air patrols
The study was able to know the are conducted; deployment of security forces
unknowns in the existing environment of in isolated islands and islets remained;
Sibutu Passage/Strait and Tawi-Tawi province. number system for registered vessels remain
Significant findings were unearthed in terms of emplaced; and constant MDA through LMS
the following: Tawi-Tawi, its people, and the and National Coast Watch System (NCWS)
environment; the maritime security operations is being done, however, not operating 24/7
emplaced for both the AFP and PCG; data and because of some technical issues. Even
scheme of maritime kidnapping operation of with the above-mentioned measures, the
the ASG; and the status of the TCA. threat is still thriving in the passage and the
province. More comprehensive maritime
Tawi-Tawi, its people, and the
security measures must be emplaced in which
environment. Tawi-Tawi is rich in marine
addresses the root causes of illegal activities to
biodiversity and resources where the thriving
make the efforts a long-term solution.
marine economy supposedly should sustain
food security and alleviate poverty. However, Data and scheme of ASG’s maritime
due to several issues, it does not translate to kidnapping. Analysis of the data revealed
food and human security because first and that the ASG spate of maritime kidnapping
foremost, Tawi-Tawi has the lowest annual was in 2016 with 15 incidents and abducting
per capita poverty threshold in the Philippines. 57 individuals. The majority of the KVs
Second, the province lack food sufficiency. are Indonesians but are not necessarily
Third, the IPs culture was altered and was not taken from Indonesian vessels instead,
protected similar to what happened to the Sama- the majority were taken from Malaysian
Bajau traditionally known as sea gypsies, and registered vessels. This created bafflement
have now abandoned the gypsy living and on the discretion of the ASG in choosing
instead have established residence in coastal who will be taken, which was preferably
shallow waters. Relatedly the Tausugs have the Indonesians rather than Malaysians.
changed from living dependently on marine Relatedly, significant findings of the study
life to agriculture, fisheries, and livestock. were the scheme of operation of the ASG
Lastly, the development in the province is using the IP communities living in coastal
not inclusive even with skilled Tawi-Tawians shallow waters. These communities are being
who have a rich source of marine resources. used as staging areas during the conduct of
The study, however, acknowledged that the maritime kidnapping. However, based on
security and development situation of Tawi- the documents analyzed, these communities
Tawi is improving but the threat still persists are not supporters of threat groups but rather
and is nowhere acceptable to the international involuntarily accommodating the group
communities especially the looming threat of since they could not do otherwise.
the ASG.
Status of the TCA. As a regional
Maritime security operation of the AFP cooperative agreement between the
and PCG. Maritime security operations in Philippines, Indonesia, and Malaysia, the
arrangement was meant to address security robbery, illegal fishing, environmental
issues in the Sulu-Celebes Sea. Agreement degradation, smuggling and trafficking
on the MACC was agreed with the (goods, human, arms and drugs), and to
establishment of respective MCC for better some extent climate change. In order to
coordination. TMP and TAP were scheduled understand what drives the issues previously
and intelligence sharing was encouraged. mentioned, the following root causes were
Finally, the adaptation of a CROE and the identified: socio-economic marginalization;
conduct of tabletop exercise and SMEE was ethnoreligious discrimination; lack of
proposed. However, the study uncovered the political representation; decade-long
following: the Philippines MCC is still under conflict; poor economic conditions;
development; TMP and TAP conducted were economic inequity; lack of respect for
very limited to have an impact in the area; the the ancestral domain; clan feuds; shadow
majority of the accomplishment in curbing economies; culture of the gun; and other
the threats is done independently by the discrimination issues. Additionally, with
participating countries and not under TCA; respect to environmental factors, the root
there is technically no intelligence sharing, causes identified were: indiscriminate or
only information sharing; and CROE is still illegal human activities; weak regulation;
for approval. The study’s finding is that there ineffective enforcement; governance or lack
is a timid commitment to make TCA work of environmental management program; and
deducing that indeed TCA is still a work in lack of awareness or education.
progress. Underlying issues are affecting the
commitment of the participating country. Stakeholder Analysis identified
additional constraints and challenges such
Environmental Frame. The analysis as: unclear and misunderstood functions
tools contextualize the findings and provided and responsibility among local government
a clear picture of the current environment agencies; conflict in the implementation of
in Sibutu Passage/Strait and Tawi-Tawi regional, provincial and municipal rules and
province, as well using PESTEM factors. regulations; jurisdiction issue; and conflict
Using the PESTEM factors, the desired of interest and implementation of rules and
system was also exposed providing the study
programs between the local populace with
an analogy to determine the gaps that form
government agencies and unit.
part of the challenges and constraints of the
study. In the end, discovering the unknowns Environmental Framing also unearthed
provided the study a clearer picture of what the following additional constraints and
to expect in crafting a maritime security challenges: national laws in conflict with
strategy for the passage. UNCLOS different interpretation of the
right of innocent passage between GPh
Research Objective #3: To understand
and the user states; international vessels
the constraints and challenges that
abused on the right of innocent passage;
threaten the security of Sibutu Passage/
insufficient vessels and aircraft for sea and
Strait
air patrols; outmoded monitoring systems;
Document analysis and KIIs identified lack of facilities; unable to detect vessels
the following constraints and challenges in and maritime threats; maritime accidents;
Sibutu Passage/Strait: territorial disputes, environmental degradation; low poverty
intrusion, terrorism, piracy and armed rate in Tawi-Tawi; food security issues;

and coastal communities vulnerability to facilities; harmonize the functions and
maritime threats. roles of the different government agencies
responsible for maritime security; improve
Identifying the different constraints and law enforcement activities; and improve
challenges, the study cannot overlook the management and administration of maritime
obvious fact that all these variables, whether security with the creation of National Task
it be the direct threats or root causes, are Force-Maritime Security Sibutu. As part of
interrelated. The causal loop provided the defense & security, apply for the designation
connections, relationships, and patterns of of an ASLP to control navigational transit in
behavior of the different variables which the passage. Finally, continue to implement
provided a clearer understanding of the TCA provided a resolution management
complex and dynamic system that is working conference is conducted to settle ambiguous
within the area of study. and underlying issues.
Research Objective #4: To present For Economic Development.
strategic options in securing strategic Developing blue economy that includes
chokepoints and determine how should aquaculture and other fishery industries
the Philippine Government implement a especially to coastal and IP communities,
suitable maritime security create cooperatives to manage the blue
economy, create the Food and Goods
The study considered the following
Terminal Incorporated (FGTI) under the
strategic option as a result of document
NTF to act as the trading center of all the
analysis, KII and FGD: solutions adapted
cooperatives’ produce to properly handle
in the Straits of Malacca and Gulf of Aden
and trade fairly the products to national
to curb the maritime threats, securitization
and international consumers, and to control
framework; implement a blue economy;
Barter Trade through FGTI to prevent abuse
continue the TCA, and designating
and surreptitious trading.
archipelagic sea lanes passage (ASLP).
Among the strategic options presented and For Marine Environment. Improving
analyzed, only the securitization framework environmental laws, regulation, and
was set aside for the moment until such time enforcement; ensure inclusiveness on
an extraordinary measure is needed. maritime environmental protection
(MAREP); educate and train the coastal/local
Using Bueger’s “Semiotic” Framework
communities in environmental protection;
and after analyzing the advantage and
and create a MAREP team within NTF that
disadvantages of available strategic options.
could provide technical assistance.
The following solutions were adapted:
For Human Security. The creation of
For Defense & Security. Improve the
NTF will ensure the protection of human
maritime domain awareness (MDA) with
security that will provide: food security;
additional LMS and NCWS with upgraded
employment; inclusive development;
equipment and sufficient power source;
poverty reduction; sustainable livelihood;
additional vessels, aircraft, and other marine
and IPs culture protected and promoted.
equipment for patrolling, interdiction,
search and rescue, and inspection; The study presented a holistic maritime
construction of dedicated ports and other security strategy that is multi-dimensional
which integrated defense & security, and integrated implementation, the study
economic development, environmental proposes to create the NTF-MARSEC
sustainability, and human security. To ensure SIBUTU PT.
that proper governance has collective effort
CONCLUSION its political and diplomatic status due to the

lack of national power that provides long-
In the international arena, the lasting power and influence. It may be argued
Philippines have been sidelined with that the population, specifically the OFW, did
respect to maritime security because of provide national power. Evidence of this is
several and multifaceted issues. Issues that when the Philippines implemented a total ban
undermine the efforts of the government to on workers to Kuwait in January 2020 after
secure its maritime domain which includes: the death of Jeanelyn Villavende (Sherbini,
poor maritime safety records as a result of 2020). Kuwait was affected domestically
several catastrophic mishaps, collisions, and by the ban but in response, it turned to hire
accidents; the spate of maritime kidnapping other nationals such as Nepalese, Ethiopians,
of the notorious ASG in the Sulu-Celebes sea Indians, and Indonesians. Likewise, the
which almost dubbed the area as the “New OFWs’ vulnerability has been exposed
Somalia” or Southeast Asia’s Somalia” in when COVID-19 affected the whole world.
2016 during its peak; the thriving foreign Many of the OFWs lost their jobs and had to
intrusions in the maritime domain which return immediately to the Philippines to seek
the Philippines seems helplessly unable to alternative ways of living. Aside from the
address; the uncontrolled and rampant marine population, there are also natural resources
environmental degradation due to weak wherein the Philippines has remained to be
programs, regulations and enforcements; and untouched. But this study supports the idea
finally the plight of the coastal communities’ to make the natural resources untouched
considered among the poorest of the poor in until such time that it is truly needed. That
the Philippines. The study was constructed brings the study to the most stable form of
to find solutions and develop a robust and national power, exploiting the Philippines’
effective maritime security strategy for geography as an element of national power,
Sibutu Passage/Point. In the process of starting with a strategic chokepoint.
finding solutions, the study recognized the
potential of the chokepoint to become much Proving the importance of the Sibutu
more than a passage for international trade/ Passage/Strait in international trade/
navigation but be a source of national power. navigation, the passage can control a
significant amount of international trade/
The Philippines being a small state navigation which implies that it carries
could do little to stand “toe-to-toe” with much power. With that amount of power, the
a big state whether in terms of military, passage can cause and influence international
politics, and diplomacy. The Philippines trade/navigation. If the Philippines managed
currently rely on alliance and international to implement a maritime security strategy, it
organization just to be heard, noticed, gains control and can influence international
and stand a chance in any political issues. trade/navigation. This in effect will increase
Somehow, the Philippines did little to uplift

the Philippines' domain of influence, the solution using Bueger’s “Semiotic”
geopolitical weight and uplifts its position in Framework that is multi-dimensional in
the international communities as a caretaker integrating defense & security, economic
of important strategic chokepoints for development, environmental sustainability,
international trade/navigation. And when and human security.
a state gained an extra mile in the domain
of influence geopolitical and subsequently In the end, the study presented a
uplift its position internationally, it did gain holistic and comprehensive maritime
national power. The challenge then is to security strategy that is multi-dimensional
properly manage and administer the maritime integrating defense & security, economic
security in the passage with a comprehensive development, environmental sustainability,
strategy. and human security. This strategy will then
determine the position of the Philippines in
To implement an effective maritime the international community by playing an
security strategy, the study identified all active role in securing important international
possible constraints and challenges using trade/navigational routes. This is the liberalist
different analytical tools. All the constraints approach of the study. However, the study
and challenges identified complicate the was coined to exploit the geography of the
security environment in Sibutu Passage/Strait. passage in order to gain control and influence
The causal loop provided the connections, of the international trade thereby increasing
relationships, and patterns of behavior of the domain of influence and geopolitical
the different variables that provide a clearer weight of the Philippines to satisfy its
understanding of the complex and dynamic national interest, and this presents the realist
system that is working within the area of objective of the study. It only demonstrates
study. To address complex but interrelated that the Philippines can “humped the sea.”
constraints and challenges, the study found
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NDCP MNSA RC55 Journal A

NATIONAL DEFENSE COLLEGE OF THE PHILIPPINES

Master in National Security Administration

Philippine Center of Excellence in Defense, Development and Security

NDCP MNSA RC55 Journal i

BGEN ARCHIMEDES H VIAJE AFP (Ret) PhD MNSA CESE

CAPT ALDRIN C CUÑA PN (Res) MNSA

PROF DR JOSE SANTOS R CARANDANG IV MNSA

MS GLYZEL ANNE SAPLA

MS ANNE KLEIN BALUYOT

MR APOLINARIO AQUINO JR.

MNSA RC55 Journal

NDCP MNSA RC55 Journal iii

Preventing Water Conflicts:

FRANCIS ANTHONY M CORONEL

NDCP MNSA RC55 Journal 2

NDCP MNSA RC55 Journal 4

NDCP MNSA RC55 Journal 6

NDCP MNSA RC55 Journal 8

NDCP MNSA RC55 Journal 10

NDCP MNSA RC55 Journal 12

Armed Forces of the Philippines. (2019). National Military Strategy.

NDCP MNSA RC55 Journal 14

Franco, E. G. (2020, January 15). 15 years of risk: from economic collapse to

Hanasz, P. (2013, December 2). Understanding water cooperation and conflict.

University of Southern California. (2020, January 20). Types of Research Designs-

WaterAid. (2012). Water security framework. London: WaterAid.

World Health Organization. (2020, March 11). WHO Director-General’s opening

NDCP MNSA RC55 Journal 16

The Implication of United States’

Keywords: Indo Pacific Strategy, Quadrilateral Cooperation, Quad, Defense Cooperation

NDCP MNSA RC55 Journal 18

NDCP MNSA RC55 Journal 20

NDCP MNSA RC55 Journal 22

NDCP MNSA RC55 Journal 24

From the research, it can be concluded an opportunity for economic enhancement.

NDCP MNSA RC55 Journal 26

Choong, W. (2020, May 12). Targeting China, Japan’s Indo-Pacific strategy in

NDCP MNSA RC55 Journal 28

Hermesauto. (2018, August 4). US announces US$300 million to fund security

Nagao, S. (2015). The Japan‐India‐Australia “Alliance” as Key Agreement in the

Panda, A. (2020, June 15). US Conducts Freedom of Navigation Operation Near

Pitakdumrongkit, K. K. (2019). The Impact of the Trump Administration’s Indo- Pacific

NDCP MNSA RC55 Journal 30

Theory and Practice: Examining the

Unpredictability is one of the dangers in human-induced crisis. To mitigate risks and

Keywords: Human-induced crisis, Philippine National Crisis Management Policy, Crisis

NDCP MNSA RC55 Journal 32

REVIEW OF RELATED LITERATURE

NDCP MNSA RC55 Journal 34

The National Security Strategy R.A. 10121, or the Philippine Disaster

Figure 2. Crisis Spectrum Diagram

The spectrum illustrates how an Readiness to Act; and, 8) Intensified Public

convergence of indicators to the occurrence Security Threats and Hazards

NDCP MNSA RC55 Journal 38

NDCP MNSA RC55 Journal 40

Figure 4. 5 P’s NCM Framework.

NDCP MNSA RC55 Journal 42

NDCP MNSA RC55 Journal 44