MARIVELES, Bataan — The Supreme Court has affirmed the Authority of the Freeport Area of Bataan’s (AFAB) regulatory and administrative authority over port operations within the Freeport Area of Bataan (FAB) and its expansion areas, providing a clearer framework for businesses using private port facilities in the investment zone.
AFAB said the ruling, issued in February 2026, settled the legal issues surrounding its mandate under Republic Act No. 9728, or the Freeport Area of Bataan Act of 2009, as amended by Republic Act No. 11453.
The decision strengthens AFAB’s role in regulating port-related activities, including the operation and use of port facilities within the Freeport, according to the agency.
The legal proceedings stemmed from a 2021 initiative by AFAB to clarify the scope of its authority over port facilities and transactions within the FAB.
Following the issuance of a Writ of Execution on June 8, 2026, AFAB began implementing the ruling and coordinating with enterprises and private port operators on their transition to the Freeport’s regulatory framework.
The development is particularly relevant to businesses that depend on private ports for the movement of raw materials, fuel, equipment and finished products.
AFAB said enterprises and private port operators will coordinate with the agency on applicable regulatory, administrative and collection requirements covering port operations and the use of port facilities within the Freeport.
The agency said the implementation will provide a more unified regulatory framework for port activities as maritime traffic and commercial activity in the FAB continue to expand.
Vessel traffic rises
AFAB data showed 828 vessel calls in 2025, while 588 vessel calls were recorded from January to July 2026.
The seven-month figure is equivalent to about 71% of the previous year’s full-year total, indicating sustained maritime activity in the Freeport.
The rising vessel traffic highlights the growing role of port infrastructure in supporting businesses operating in the FAB, particularly companies engaged in manufacturing, logistics, energy and other industries dependent on maritime cargo movement.
Under RA 11453, AFAB was granted additional powers over infrastructure and services within the Freeport, including port-related facilities and services, and authority to issue applicable licenses, permits, regulations, fees and charges.
The Supreme Court has also previously recognized AFAB as a government instrumentality exercising governmental and corporate powers under its charter.
With the ruling now being implemented, AFAB is working with locators and private port operators to facilitate compliance while maintaining the continuity of port and business operations within the Bataan Freeport.