New round of talks with China must be based on SC, arbitral rulings—Tolentino
Senator Francis Tolentino on Sunday, April 2 said the Department of Foreign Affairs (DFA) should take into account the Supreme Court (SC) and the 2016 Hague Arbitral rulings if it pushes through with the plan to have another round of exploratory talks with the People's Republic of China.
Tolentino is referring to the recent SC decision which invalidated and declared unconstitutional the 2005 Tripartite Agreement for Joint Marine Seismic Undertaking (JMSU).
On the other hand, the 2016 Arbitral Ruling basically invalidated China’s “nine-dash line” claim—the basis of their supposed militaristic expansion in the entire South China Sea region, including the zone along the West Philippine Sea (WPS).
“Dapat po siguro yung pakikipag-usap o gagawing pakikipag-usap sa Peoples Repubic of China ng DFA, eh isaalang-alang itong desisyon ng Supreme Court… at isaalang-alang din yung nilalaman ng ating Saligang Batas base po sa ating karapatan sa ating exclusive economic zone (EEZ) (Maybe the DFA, if they should talk or talk to the Peoples Repubic of China, consider this decision of the Supreme Court... and also consider the content of our Constitution based on our right to our EEZ,” Tolentino said in an interview over Radio DZBB.
Tolentino, vice chairman of the Senate Committee on Foreign Relations, also said that any new agreement between the Philippines and China should comply with the provisions enshrined under the 1987 Consitution before planning to start in exploring mineral seabed resources within the Philippines’ EEZ.
“So dalawa po iyan, hindi lang dapat po sila makipag-usap, mag-prepare kung ano yung gagawin. So, dapat po lahat ito kargo nila 'yung pag protekta sa ating EEZ, 200 nautical miles from the baseline, at yung desisyon ng Korte Suprema (So that's two, they shouldn't just talk, they should prepare what to do. So, it should all be their responsibility to protect our EEZ, 200 nautical miles from the baseline, and the decision of the Supreme Court),” he added.
For his part, Tolentino admitted he has qualms on the planned new talks with China, considering the series of bullying incidents involving the China Coast Guard and the Chinese Maritime Militia against the Armed Forces of the Philippines (AFP) and the Philippine Coast Guard (PCG) over the past months along the WPS.
The lawmaker said the new talks might embolden the other government and could lead to more Chinese ships in the WPS
"Because they will say that we have the right now to drill, conduct scientific marine research—well, maybe that's what should be done, so maybe that's where we should slow down,” he pointed out.
“Baka lalong lumawig pa, maabuso, at lalo pong dumami yung kanilang presensya doon (And they could potentially expand, abused, and their presence there will increase)," the senator lamented.
Tolentino, likewise, said the DFA should include the Senate in any future exploratory talks with China since the matter involves foreign policy and national security.