- Senator Rodante Marcoleta (Photo courtesy of Senate)
Senator Rodante Marcoleta has accepted the offer of the Philippine Bar Association (PBA) to host a proposed debate between him and retired Supreme Court Senior Associate Justice Antonio Carpio on issues concerning the West Philippine Sea.
The PBA, the country’s oldest voluntary national organization of lawyers, earlier signaled its willingness to facilitate the exchange, provided there are clear protocols and a limited number of issues.
“Doon sa kanilang pangako na magiging kapakipakinabang at makabuluhan sa ating mga mamamayan, hindi ko naman tatanggihan yun,” Marcoleta said during a television program aired Monday night.
The senator initially invited Carpio, Philippine Coast Guard spokesperson for the West Philippine Sea Commodore Jay Tarriela, and maritime law expert Atty. Jay Batongbacal to a “friendly debate” on February 9. The invitation came in response to Tarriela’s earlier offer for Marcoleta to join a Maritime Domain Awareness (MDA) flight over the Kalayaan Island Group.
Carpio has accepted the invitation. Tarriela, however, declined, saying the country’s sovereignty and legal entitlements in Philippine waters are not up for debate.
Marcoleta noted that the PBA has yet to address what he described as the limited scope set by Carpio for the discussion.
Carpio earlier said the debate would focus on the legal existence of the West Philippine Sea and whether the maritime features of the Kalayaan Island Group are part of it.
“Paano naman magtatalo doon eh sinabi ko yun sa maraming pagkakataon sa aming pagtatalo at pagpapaliwanagan. Sinabi ko yun, the West Philippine Sea does not exist, pero dugtungan mo yun – in the contemplation of public international law. Sa ating domestic law, tayo-tayo, nalalaman natin. Pagtatalunan pa ba yun?” Marcoleta said.
During the same television appearance, Marcoleta outlined three proposed debate propositions.
“Proposition number one ito, kasi karaniwan ang debate nagsisimula sa salitang ‘resolve’ halimbawa: ‘Resolve that as the international recognition of WPS is an enforcement of the arbitral award against China in the international forum, NAMRIA and DFA have the duty to define the portion of its limits pertaining to the Philippine Exclusive Economic Zone, deposit the same with the Secretary General, and publish the same for other states to be notified,’” Marcoleta said.
He stated that he would argue in the affirmative on that point.
“Proposition number two: ‘Resolve that as certain KIG features and their territorial seas are outside the Philippine EEZ, and erroneously excluded from the maps marked WPS, which were submitted in the South China Sea Arbitration, the DFA and DENR and also Namria have the duty to correct said maps, produce the coordinates, and draw joining lines to incorporate the features in the WPS and publish the same for the international community to be notified,” Marcoleta added.
“Proposition number three: ‘Resolve that the chart submission and notification are [the] State’s obligation under the UNCLOS,’” he further said.
Marcoleta said the three propositions would be sufficient for what he described as a meaningful discussion that Filipinos could understand.
The PBA has indicated that any debate it hosts should follow established protocols and focus on clearly defined issues.