SC affirms AFAB’s role in Bataan Freeport, expansion areas

The Supreme Court has affirmed the regulatory and administrative role of the Authority of the Freeport Area of Bataan’s (AFAB) within the Freeport Area of Bataan (FAB) and its expansion areas, recognizing the agency’s sole authority over port facilities and transactions within its territory.

According to a statement released by the AFAB, a ruling by the Supreme Court dated February 2026 finally settled the legal issues regarding the AFAB’s port regulatory authority, and confirmed its exclusive mandate under its Charter.

“This concludes the legal proceedings initiated by the AFAB in 2021 to clarify and declare the scope of its authority under Republic Act (R.A.) No. 9728, or the ‘Freeport Area of Bataan Act of 2009,’ as amended by R.A. No. 11453,” the agency stated.

Following the issuance of the Writ of Execution on 08 June 2026, the AFAB has proceeded with the implementation of the ruling, and has since been working with enterprises and private port operators to facilitate their transition into the AFAB’s regulatory and economic framework.

This development is particularly significant for businesses that rely on private port facilities for the movement of raw materials, fuel, equipment, and finished products.

For enterprises and private port operators in the FAB, all port-related transactions, including regulatory, administrative, and collection requirements, shall be coordinated with the AFAB. These include matters involving the operations and use of port facilities within the Freeport.

With the Supreme Court’s decision now final, AFAB is moving forward with the regulation and administration of all port-related activities within the FAB and its expansion areas pursuant to its charter.

The continued growth in port activity in the FAB further highlights the importance of effective regulation and administration of port operations.

Vessel traffic in the FAB continues to show steady growth. Data shows total vessel calls reached 828 in 2025. As of July 2026, data already stands at 588, equivalent to 71% of last year's full-year total, despite covering only up to the start of the third quarter. Should this trend continue, total vessel calls for 2026 are projected to surpass 2025's full-year figure by 21.74%