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Photo courtesy of Senate of the Philippines
Sen. Rodante Marcoleta has welcomed 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 surrounding the West Philippine Sea.
The PBA, the country’s oldest voluntary national organization of lawyers, earlier expressed willingness to organize the event.
Marcoleta signaled his openness to the proposal during a television interview aired Monday night.
“Doon sa kanilang pangako na magiging kapakipakinabang at makabuluhan sa ating mga mamamayan, hindi ko naman tatanggihan yun,” Marcoleta said.
The senator had earlier invited Carpio, Philippine Coast Guard spokesperson for the West Philippine Sea Commodore Jay Tarriela, and maritime law expert Jay Batongbacal to a “friendly debate.” The invitation followed Tarriela’s earlier challenge for Marcoleta to join a Maritime Domain Awareness flight to the Kalayaan Island Group.
Carpio has since accepted Marcoleta’s invitation.
However, Marcoleta pointed out that the PBA has yet to address the parameters outlined by Carpio for the discussion. Carpio had limited the debate to two legal questions: the existence of the West Philippine Sea in international law and whether the maritime features of the Kalayaan Island Group form part of it.
Marcoleta questioned the need to revisit positions he said he had already explained.
“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 asked.
During the same program, the senator presented three specific propositions he wants tackled if the debate proceeds.
“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 clarified that he would argue in the affirmative on that first proposition.
He then outlined a second resolution.
“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.
The senator concluded with a third proposed point of discussion.
“Proposition number three: ‘Resolve that the chart submission and notification are [the] State’s obligation under the UNCLOS,’” he further said.
Marcoleta maintained that these three propositions would provide a structured and meaningful framework for public discussion that ordinary Filipinos could understand.
Meanwhile, Tarriela has declined the debate invitation, saying that the country’s sovereignty and legal entitlements in Philippine waters should not be subjected to debate.