Senator Rodante Marcoleta has threatened to file a treason complaint against former Supreme Court Associate Justice Antonio Carpio, accusing him of allegedly helping shrink Philippine territory through a Supreme Court decision written in 2011.
In a report by “24 Oras Weekend” on Sunday, Marcoleta pointed to the ruling in Magallona vs. Ermita, claiming it supported the government’s position of limiting the country’s territorial sea in exchange for what he described as expanded benefits in the Exclusive Economic Zone (EEZ).
“Pumayag siya sa argumento ng gobyerno na paliitin na lang natin ang territorial sea sapagkat makakakuha na tayo ng ganansya sa atng Exclusive Economic Zone,” said Marcoleta.
Marcoleta further argued that Carpio effectively gave up a large portion of maritime territory, insisting that territorial sea is part of the country’s sovereign territory, unlike EEZ rights which he said are limited to economic use.
“Lumaki nga sa palagay niya ang Exclusive Economic Zone, ipinamigay niya ‘yung 242,000 square nautical miles. Territorial sea ‘yun, ibig sabihin parte ng ating territory. ‘Yung maritime rights, limited lang ‘yun, economic rights lang ‘yun. I charge him treason for this. Kailangan malaman mo na, Justice Carpio, kung nakikinig ka,” he added.
The senator also cited the Atlas of Relevant Features submitted by the Philippine government before the Arbitral Tribunal, claiming it indicated that the Kalayaan Group of Islands is not part of Philippine territory.
“Nasa labas pati ‘yung Parola, na kung tawagin ay Northeast Cay, 240 naman ‘yun nautical miles away from the baseline. ‘Yung Kota, kung tawagin ay Loaita, 207 naman. ‘Yung Panata, ito yung Lankiam Cay, 203. So, makikita mo, lagpas lahat, pero gusto kong malaman niyo, hindi po akong gumawa ‘yan. Ang gobyerno ang gumawa. Sila po ang sumukat diyan, ‘yan po ang distansya,” Marcoleta said.
He stressed that the measurements and submission were prepared by the government, and claimed Carpio was involved in the process along with lawyer Jay Batongbacal.
“Ako po ba ang gumawa niyan? Hindi po. Ang ating gobyerno ang nag-submit niyan sa tribunal. Nung i-submit ‘yan, kasama po si Justice Carpio, katulong si Atty. Batongbacal,” he added.
Carpio, however, rejected the accusation and said treason cannot be committed unless the country is at war, citing the Revised Penal Code.
“Every first year law student knows that treason cannot be committed during peacetime. The crime of treason can be committed only if the Philippines is at war. That is clear in Article 114 of our Revised Penal Code,” he said.
Explaining the territorial dispute in the Magallona vs. Ermita case, Carpio said the petitioners wanted all islands and waters inside the 1898 Treaty of Paris boundaries to be treated as Philippine territory, but he argued this would violate the United Nations Convention on the Law of the Sea (UNCLOS) and international legal standards.
“It would also include as Philippine territory large areas of our EEZ and even small areas of the high seas, in clear violation of UNCLOS,” said Carpio.
Carpio added that had the government insisted on Magallona’s argument, it could have jeopardized the Philippines’ arbitration case against China.
“It would be like China’s nine-dash line, in clear violation of UNCLOS and customary international law. Had the Supreme Court upheld the contention of Magallona et al, our arbitration against China would have been dismissed outright by the arbitral tribunal under the legal principle that he who comes to court must come with clean hands,” he said.
Former senator Francis Tolentino also weighed in on the issue, saying there is no legal requirement for the Philippines to produce an official map, arguing that geographic coordinates are more precise than cartographic drawings.
“Wala pong nagre-require sa atin mag-produce ng mapa. Iba po ang mapa, ang mapa po ay cartographic, drawing lang po ‘yan. Ang pinaka-precise po, scientific ay yung coordinates, na na-produce po natin sang-ayon sa Republic Act 9522 noong 2009,” said Tolentino.
Tolentino also dismissed the idea of a debate challenge between Marcoleta and Carpio, warning it would only create confusion.
“Gugulo lang. They are entitled to their own opinions or sentiments on this, pero yung paulit-ulit kong sinasabi ay international law is not based on one’s personal opinion,” he said.
The Philippine Bar Association has offered to serve as host for a public debate between Marcoleta and Carpio on the territorial issue.
