The Authority of the Freeport Area of Bataan (AFAB) is moving to tighten oversight of private port facilities following a Supreme Court ruling affirming its exclusive regulatory authority within the freeport and its expansion areas, as rising vessel traffic adds urgency to the implementation of a unified framework.
AFAB has scheduled a public consultation on October 22 at its administration building in Mariveles, Bataan, to discuss proposed guidelines covering the development, construction, operation and maintenance of port facilities.
The consultation will also address permitting procedures and documentary requirements for registered enterprises operating or planning to develop private ports, giving affected businesses an opportunity to discuss compliance with the agency’s proposed rules.
In February 2026, the Supreme Court affirmed AFAB’s authority to regulate and administer port operations under Republic Act No. 9728, or the Freeport Area of Bataan Act of 2009, as amended by Republic Act No. 11453.
The decision resolved jurisdictional issues stemming from legal proceedings initiated by AFAB in 2021. A writ of execution followed on June 8, 2026, paving the way for the agency to advance implementation of its regulatory mandate.
Under the ruling, port-related regulatory, administrative and collection requirements within the freeport will be coordinated with AFAB. The agency has since engaged enterprises and private port operators to facilitate their transition to its regulatory framework.
The move comes as maritime activity in the freeport gains momentum. AFAB recorded 588 vessel calls from January to July 2026, equivalent to about 71% of the 828 calls registered throughout 2025.
If the current trajectory holds, vessel traffic is projected to increase by 21.74% this year, underscoring the growing importance of clear permitting procedures and consistent oversight as port activity expands.
For port operators and prospective investors, the proposed guidelines could clarify regulatory responsibilities and compliance requirements. Their practical impact, however, will depend on the final rules and how the agency implements them.
The October 22 consultation is expected to provide a forum for stakeholders to raise operational concerns and seek clarification before the framework is finalized.
