The enactment of the new baselines law is the “most inexpensive and effective means” to enforce the South China Sea Arbitral award won by the country against China, retired Supreme Court associate justice Francis Jardeleza said on Monday, July 5.
Jardeleza has submitted a letter to President Duterte last June 5, to certify as urgent a bill amending the Republic Act No. 9522 or the country’s baselines law to enforce the arbitral award on the South China Sea issue.
Jardeleza served as the Solicitor General during the Aquino administration that challenged China’s excessive claims over the disputed territory.
In 2016, the Permanent Court of Arbitration issued a decision in favor of the Philippines. China, however, has ignored the ruling and insisted on its historic claims to the territory.
During the online forum on Monday, Jardeleza said the existing baselines do not clarify the “meets and bounds” of the island features that the country is claiming in the West Philippine Sea.
“We proposed to the President to consider the baselines law, the baselines law is a long standing law that defines the meets and bounds or sukat ng ating tinatawag na (the size of our so –called) baselines. The existing baselines law doesn’t clarify the meets and bounds or sukat na lahat ng mga features na kine-claim natin sa (size of all the features that we are claiming in the) West Philippine Sea,” the former Supreme Court associate justice explained.
Jardeleza, along with international law consultant Melissa Loja and professor Romel Bagares, drafted the proposed measure to identify by name and coordinates at least 100 features being claimed and occupied in the West Philippine Sea.
The proposed measure also adopts normal baselines around each feature that qualifies as a high-tide elevation and reiterates continuing sovereignty rights over these features.
“It is the most inexpensive yet the most effective means of enforcing the 2016 South China Sea Arbitral Award,” Jardeleza said.
The former Supreme Court associate justice underscored the importance of amending the baselines law citing the situation that happened last April 27, where the Philippine Coast Guard (PCG) ships drove away seven Chinese vessels from the Sabina Shoal in the West Philippine Sea.
The female Coast Guard personnel from the PCG BRP Cabra (MRRV-4409) radio communicated with them to announce that Sabina Shoal is part of the Exclusive Economic Zone (EEZ) of the Philippines.
READ MORE: PCG ship drives away 7 Chinese militia vessels in West PH Sea
“How can they tell the intruding other vessels na kayo ay nasa waters namin napakalawak po ng South China Sea (that you are in our country’s waters and the South China Sea is very vast), I think we gave a good example of why now is the time by law, ibig sabihin by Republic Act kailangan natin i-identify kung saan ang mga sukat ng atin mga tawag na rocks sa West Philippine Sea (the Republic Act means we need to identify, which area of ours including the so-called rocks in the West Philippine Sea),” he added.
Jardeleza also appealed to Duterte to pay attention to amending the baselines law, especially on his upcoming State of the Nation Address (SONA).
"Kami ay nanawagan sa pangulo to please sa darating na SONA sana mabigyan ng kaukulang pansin ang pag-amenda ng ating baselines law (We call on the President to please in his upcoming SONA to pay attention on the amendment of our baselines law),” he added.
Last June 10, President Duterte expressed willingness to look into the proposed amendments to the country’s baselines law that supposedly aim to strengthen the nation’s claim to the West Philippine Sea.
“He immediately asked that it be subjected to complete staff work and he was very appreciative of the suggestion,” Presidential Spokesman Roque said during a televised press briefing Thursday, June 10.
The country’s baselines law, which defines the country’s territorial waters and considers the Spratlys Islands and Scarborough Shoal as a “regime of islands” under the Philippines, was signed by then President Arroyo in 2009.
READ MORE: Duterte orders study on proposed amendments to PH baselines law