BATAAN, Philippines — The Supreme Court has affirmed the Authority of the Freeport Area of Bataan’s authority to regulate and administer port operations within the Freeport Area of Bataan and its expansion areas, according to the agency.
The ruling, issued in February 2026, settled legal questions over the scope of AFAB’s port regulatory authority under Republic Act 9728, or the Freeport Area of Bataan Act of 2009, as amended by Republic Act 11453.

The case was initiated by AFAB in 2021 to clarify the extent of its authority over port facilities and transactions within the Freeport.
A writ of execution was issued June 8, allowing AFAB to proceed with implementation of the ruling. The agency said it has since been coordinating with enterprises and private port operators on their transition to AFAB’s regulatory framework.

Under the ruling, port-related transactions within the Freeport, including regulatory, administrative and collection requirements, are to be coordinated with AFAB. The authority covers the operation and use of port facilities within the Freeport and its expansion areas, according to the agency.
The decision comes as port activity in the Freeport continues to increase.
AFAB data show that vessels made 828 calls at ports in the Freeport in 2025. As of July 2026, the number had reached 588, or about 71% of the previous year’s total.

If the pace recorded through July continues for the rest of the year, vessel calls in 2026 would exceed the 2025 total by about 21.7%, based on AFAB’s projection.
The agency said the increase in port activity underscores the need for regulation and administration of port operations within the Freeport.




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