Tag: South China Sea

Valuable takeaways from Justice Carpio’s lectures

Published by Ellen on November 11, 2019

Retired Senior Associate Justice Antonio T. Carpio

(The following piece was my remarks during the testimonial dinner given last Oct. 29 by some members of media for Senior Associate Justice Antonio T. Carpio, who retired Oct. 30, 2019, at the Manila House in BGC. Disclosure:I’m a trustee of VERA Files.)

Sometime ago, Justice Carpio had a lecture on West Philippine Sea at the UST. Charmaine Deogracias of NHKTV, Dana Batnag of Jiji Press and I called up his office to ask if we could attend and we were told our names will be submitted to the organizer as his guests. So, off we went.

Charmaine arrived first and as instructed, she said, “Guest of Justice Carpio.” The guard asked for her ID and she showed her Press ID. She was told that Media is not allowed and was told to go to the University’s Public Affairs Office.

A staff in UST’s Public Affairs Office said a media request to attend a forum at UST will have to be approved by the higher-ups and that will take time. Taking pity on Charmaine, she smuggled her to the auditorium through a side door. Charmaine then texted us not to tell the guard we are “Media.” Just “guest of justice Carpio.”

New lawyer Dana arrived in denims and backpack and informed the guard “guest of Justice Carpio.” The guard asked, “Are you from media?” Dana said, “No” and showed her IBP ID. She was let in.

I was the last to arrive, wearing a dress. The guard asked me, “IBP ka rin?” I was tempted to say “Yes” but that would be misrepresentation. The guard might also ask for an IBP ID. With emphasis, I said, “Guest of Justice Carpio.” And I was let in.

One has to be resourceful to get to a lecture by Justice Carpio.

Carpio says China recognises PH sovereign rights in SCS with PH-China MOU on oil and gas development

Published by Ellen on November 24, 2018

Acting Chief Justice Antonio T. Carpio says he has no problem with MOU which recognizes Philippine sovereign rights.

By Ellen T. Tordesillas, VERA Files

Acting Chief Justice Antonio T. Carpio said Friday China could be recognizing the sovereign rights of the Philippines in the disputed waters of the South China Sea covered in the recently-signed Philippines-China Memorandum of Agreement on Cooperation on Oil and Gas Development through service contracting arrangements as provided in the MOU.

Answering a question on the vagueness of the MOU signed by Foreign Secretary Teddy Locsin Jr. and Chinese Foreign Minister Wang Yi during the state visit of Chinese President Xi Jinping last week, he took note of this portion of the MOU: “China authorizes China National Oil Corporation (CNOOC) to be the Chinese enterprise for each Working Group. The Philippines will authorize the enterprise (s) that has/ have entered into a service contract with the Philippines with respect to the applicable working area or, if there is no such enterprise for a particular working area, the Philippine National Oil Company –Exploration Corporation (PNOC-EC) as the Philippine enterprise(s) for the relevant working group.”

Is Duterte China’s accomplice in SCS military plans?

Published by Ellen on May 22, 2018

The PLA air force planes conducting training exercises, Nov. 19, 2017. The PLA air force recently conducted a combat air patrol in the South China Sea and conducted training exercises after passing over the Bashi Channel and Miyako Strait. Photo by Chen Liang of Xinhua.

Last Sunday, former Solicitor General Florin T. Hilbay tweeted, “12 July 2016 was an interesting day. I, with Justices Carpio & Jardeleza, went to Malacanang to explain to the President the decision in Phils. v. China. I received the decision by email from the tribunal. The President that we briefed was Rodrigo Duterte and his full cabinet.”

July 12, 2016 was the day the Permanent Court of Arbitration in The Hague released the decision on the case the Philippine government filed against China on Jan. 22, 2013, when the president was Benigno Aquino III.

The Philippines asked the Tribunal to rule on three basic issues: the validity of China’s nine-dash line map; low tide elevations (rocks or reefs that can be seen only during low tide and disappear during high tide) where China has built permanent structures should be declared as forming part of the Philippine Continental shelf (200 nautical mile); and the waters outside the 12 nautical miles surrounding the Panatag Island (Scarbourough shoal) should be declared as part of the Philippines 200 nautical mile economic exclusive zone.

Justice Carpio sounds alarm on latest Chinese seizure of PH territory

Published by Ellen on August 20, 2017

South China Sea features. Encircled ffeatures show Pag-asa (Thitu) and Sandy Cay

While the public was engrossed with the scandal of how 605 kilos of shabu from China worth P6.5 billion slipped through the Bureau of Custom and being entertained with the Bautista vs Bautista family feud with a cameo role by President Duterte, a chunk of Philippine territory was being taken over by China.

China occupied Mischief Reef in 1995, took control of Scarborough Shoal in 2012. This time it’s Sandy Cay, 2.5 nautical miles from Pagasa, the largest of the eight features occupied by the Philippines.

Senior Associate Justice Antonio T. Carpio has sounded the alarm on the presence of Chinese frigates in the area of Sandy Cay and laid out its implications:

No ASEAN role in Scarborough conflict between PH and China

Published by Ellen on August 17, 2017

Traditional link-arms photo of ASEAN Foreign Ministers in the recently concluded ASEAN50 Foreign Ministers meeting in Manila.

The agreed framework for a Code on South China Sea was the most important achievement of the recently-concluded meeting of the foreign ministers of the Association of Southeast Asian Nations which segued to more meetings with its dialogue partners and the Asean Regional Forum.

After the much-awaited meeting between ASEAN foreign ministers and China Sunday, Chinese Foreign Minister Wang Yi announced that China have agreed on the framework for a Code on SCS. He said substantive consultations will be undertaken in the coming months with the end view of an implementable COC on South China Sea.

Aside from the question of when is the actual COC expected to be completed, is another question: what kind of COC on South China Sea would it be.

A COC that would legitimize China’s artificial islands in the Spratlys

Published by Ellen on August 7, 2017

Chinese Foreign Minister Wang Yi and Philippine Foreign Affairs Secretary Alan Peter Cayetano at the gala dinner of ASEAN and its dialogue partners.

Chinese Foreign Minister Wang Yi said Sunday that he and the 10 foreign ministers of the Association of Southeast Asian Nations have approved the framework for the Code of Conduct in the South China Sea.

This is just a framework, not the long-desired COC. Nevertheless, it is a major step towards an agreement that hopefully would provide stability in the vast body of water disputed by China, Philippines, Vietnam, Malaysia, Brunei and Taiwan.

The substance of that framework will be discussed in the coming months, Wang said.

China’s concept of setting side sovereignty dispute for joint exploration of Spratlys

Published by Ellen on July 31, 2017

Asked during his press conference last Wednesday when the talks about the joint exploration in Philippine territory that is also being claimed by China and other countries started, Foreign Secretary Alan Peter Cayetano recalled the meeting of the late Deng Xiaoping with then President Corazon Aquino.

Meeting of China’s paramount leader Deng Xiaoping and Pres. Corazon Aquino in Beijing in April 1988. Photo from People’s Daily online

In that meeting, Deng suggested to set aside the issue of sovereignty on the Spratlys because that won’t be resolved in their lifetime. He suggested joint development.

Cayetano assured the public that the joint exploration they would be entering with the Chinese will not violate the Constitution and cited the Malampaya oil project in Palawan which is being operated by Shell, a British–Dutch multinational oil and gas company.

The trade off: multi-billion dollar projects in exchange for Chinese exploration in PH EEZ

Published by Ellen on July 29, 2017

Foreign Secretary Alan Peter Cayetano and Chinese Foreign Minister Wang Yi July 25,2017. DFA photo.

From the fragmented information about the resumption of talks on joint exploration with China in the disputed parts of the Spratlys, what is emerging is a repeat of jumbo loans that the administration of Gloria Arroyo obtained from the Chinese government in 2004 in exchange for agreeing to allow China to explore within the country’s economic exclusive zone.

In his State-of-the Nation address last Monday, the issue about West Philippine Sea was mentioned sort of in passing. “The West Philippine Sea issue and federalism are matters that we have to tackle sooner or later,” Duterte said.

Reporters followed it up in his post-SONA press conference. Duterte added more information:

“When they start to excavate the gas and all. I tell you, it’s going to be just like a joint venture. Para pareho. (So it’s equal). “

PH win in Arbitral Court, one year after

Published by Ellen on July 12, 2017

Pres. Duterte and China Pres. Xi Jinping in Beijing Oct. 2016 state visit. Malacanang photo.

One of the good things that President Duterte has done was to rekindle relations with China which reached its lowest ebb during the administration of Benigno Aquino III.

Never mind that during the election campaign, he rode on the anti-China sentiments of most Filipinos fueled by the pro-American leanings of Aquino and his Foreign Secretary, Albert del Rosario.

Remember, a standard in Duterte’s campaign speech was his boast that he will ride on a jet ski to one of the islands in the disputed Spratlys and plant the Philippine flag. He would kiss the flag to dramatize his promise.

Once in Malacanang, he was asked when he was going to jetski to Spratlys and he replied it was a joke. He said he didn’t even know how to swim.

Justice Carpio wants to speak to the Chinese people through his eBook

Published by Ellen on May 7, 2017

Justice Carpio's eBook — Justice Carpio’s eBook

Senior Associate Justice Antonio Carpio’s hope springs eternal.

At the launch of his eBook, “The South China Sea Dispute: Philippine Sovereign Rights and Jurisdiction in the West Philippine Sea,” Carpio said the reason why it will soon have a Mandarin version is because, he wants to reach out to the Chinese people to convince them that the nine-dashed line that puts 80 percent of the vast South China Sea under China’s jurisdiction has no legal or historical basis.

“I believe that, like all other peoples of the world, the Chinese people are inherently good, but their government has drilled into their minds that they owned the South Chinese Sea since 2,000 years ago. This is, of course, utterly false and the world will never accept this. Once the Chinese people realize the falsity of the nine-dashed line, they themselves will be too ashamed to press the nine-dashed line claim before the world. That will be the time when the Chinese government can comply with the ruling of the arbitral tribunal,” Carpio said.

Why an eBook and not a physical book?