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Category: Foreign Affairs

Valuable takeaways from Justice Carpio’s lectures

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.

U.S. legislators use visa sanction as a tool to promote human rights

Sen. Bong Go should go ahead and tell President Duterte to ban American legislators who they think are “meddling” in the way they are running the country.

Speaking during the 118th Balangiga Day Commemoration in Balangiga, Eastern Samar September 28, Go said “I will suggest to President Duterte to ban American legislators from entering our country for interfering in our internal affairs. These senators think they know better than us in governing ourselves.”

Go’s tirade against the American legislators was a reaction to the amendment Senators Richard Durbin and Patrick Leahy proposed, and was approved, in the Fiscal Year 2020 State and Foreign Operations Appropriations Bill which is to prohibit entry to the U.S. Philippine government officials involved in the imprisonment of Sen. Leila de Lima which they see as “politically motivated.”

U.S. senators Patrick Leahy and Richard Durbin

The budget amendment followed the fiing of a resolution in the U.S House of Representatives condemning the Philippine government of for its continued detention of De Lima and called for her immediate release.

Most important documents in Duterte’s 5th China visit unlisted

Bilateral meeting between Philippine and Chinese officials led by President Duterte and President Xi Jinping at the Diaoyutai State Guesthouse in Beijing on August 29, 2019. Malacanang photo by Robinson Ninal.

The most important documents that were exchanged between the Philippines and China during last week’s visit of President Duterte to China were not included in the list of agreements signed that was released by Malacañang to media.

The documents were the list of names that will constitute the Inter-governmental steering committee that would supervise the joint exploration between the Philippines and China in the West Philippine Sea.

CNN Philippines was able to get the document submitted by China. CNN PH said “A highly-placed source gave CNN Philippines a document showing seven members from the Chinese side, to be led by Vice Foreign Minister Luo Zhaohui as co-chair and Vice Minister Li Fanrong of the National Energy Administration as co-vice chair. The other members are:

Composition of joint exploration working group expected during Xi-Duterte meeting

President Duterte welcomes China’s President Xi Jinping in Malacanang in November 2018.

The PH-China Memorandum of Understanding on Cooperation on Oil and Gas Development, considered a breakthrough in the jagged relationship of the Philippines and China, is expected to move forward when the two governments submit the names who will compose the Working Group during the bilateral meeting of President Duterte and Chinese President Xi Jinping in China on Thursday.

The exchange of names of members of the Working Group is provided for in the Terms of Reference (TOR) on Inter-Governmental Joint Steering Committee and Inter-Entrepreneurial Working Group between the Philippines and China which was signed by Foreign Secretary Teodoro Locsin Jr. and China’s Foreign Minister Wang Yi three weeks ago.

The Working group will negotiate and agree on” inter-entrepreneurial commercial and technical arrangements” that will be conducted in the area of the joint exploration that will be undertaken jointly by the Philippines and China in Philippine waters.

Carpio says Duterte’s statement on passage of foreign ships violates UNCLOS

Chinese ships passing through Philippine waters first week of August 2019. Photo by The Armed Forces of the Philippines Western Mindanao Command.

Following reports by the military two weeks ago about five Chinese warships passing through Philippine waters, President Duterte last Tuesday issued a statement requiring all foreign vessels to notify Philippine authorities and to get clearance ahead of their passage.

Presidential Spokesman Salvador Panelo’s statement:

“To avoid misunderstanding in the future, the President is putting on notice that beginning today, all foreign vessels passing our territorial waters must notify and get clearance from the proper government authority well in advance of the actual passage. Either we get a compliance in a friendly manner or we enforce it in an unfriendly manner.”

This is another example of Duterte’s idiotic way of handling foreign relations especially concerning the conflict with China in the West Philippine Sea.

It’s doubtful if Duterte will get his way with China

China’s President Xi Jinping welcomes President Duterte during the latter’s state visit in October 2016.

China is unfazed by President Duterte’s announcement that he will be raising the 2016 ruling of the Arbitral Court nullifying China’s all-encompassing nine dash line that encroaches on the economic exclusive zone of other countries in South East Asia including the Philippines with Chinese President Xi Jinping when they meet in Beijing end of this month before he proceeds to Foshan, Guandong to attend the International Basketball Federation (FIBA).

In an interview with reporters Friday, Zhao underscored China’s consistent position before and after the decision of the Arbitral Court that favoured the Philippine position.” We expressed that we will not accept it and we will not recognize it. And that position has not changed, and will not be changed.”

Last week Duterte announced before members of the Federation of Filipino-Chinese Chambers of Commerce and Industry that he was going to China. “Did I not tell you before, that before my term ends, I will be talking about the [South] China Sea?”
The announcement is a marked departure from the position of not displeasing China he articulated when the decision came out in July 2016. He justified it as part of his policy to improve relations with China, which was severely damaged during the administration of President Benigno Aquino III.

‘Possession’ or ‘position’ controversy turns ludicrous

This is becoming ludicrous.

Presidential Spokesperson Salvador Panelo’s explanation of the President’s declaration of his helplessness about the situation in the West Philippine Sea because China is “in possession” of disputed geographical features in the area has made the mess messier.

Carpio is now suggesting that the President disown the statement of his spokesman and chief presidential counsel.

Senior Associate Justice Antonio Carpio

This all started when the President said in his State-of-the-Nation address last Monday that “You know, I cannot go there even to bring the Coast Guard to drive them away. China also claims the property and he is in possession. ‘Yan ang problema. Sila ‘yung in possession and claiming all the resources there as an owner. We are claiming the same, but we are not in the position because of that fiasco noong dalawang nag-standoff doon during the time of my predecessor si Albert, ambassador.”

Duterte’s SONA speech on West Philippine Sea made matters worse for PH

President Duterte delivers his 4th State of the Nation Address at the House of Representatives in Quezon City on July 22, 2019. Malacañang photo by Rey Baniquet.

Riding on an 85 percent approval rating, President Duterte probably thought he could convince Filipinos about the wisdom of his much-criticized policy towards China in the matter of the country’s territorial claim in the South China Sea. He devoted a lot of time on the issue of West Philippine Sea in his State of the Nation address Monday.

Now his top two security officials – Defense Secretary Delfin Lorenzana and National Security Adviser Hermogenes Esperon are doing damage control- issuing clarification about the President’s explanation. They are now blaming the President’s pronunciation of the word “position.” They said it’s not “possession” as everybody heard the President say last Monday.

Here’s the problematic portion of Duterte’s statement on West Philippine Sea:

A test in finding sanity amid Duterte’s incoherence

President Duterte talks about the sinking of Filipino fishing boat by Chinese vessel during during the 121st Philippine Navy Anniversary at the Naval Base Heracleo Alano in Cavite City on June 17, 2019. Malacañang photo by Simeon Celi, Jr.

President Duterte dismissed what happened in Reed Bank on June 9 where a Chinese fishing boat “Yuemaobinyu 42212” rammed a Philippine fishing boat, F/B Gimver 1 which threw the 22 Filipino fishermen into the waters in the darkness of the night until they were rescued by a Vietnamese fishing boat, as just a “maritime incident.”

“Banggaan lang ng barko ‘yan,”
Duterte said at the121ST anniversary of the Philippine at Sangley Sangley Point in Cavite City, Monday, finally breaking his eight-day silence that has riled up concerned citizens over what many perceive as his subservience to China.

Yet he also said he does not want to issue a statement “because there is no investigation and there is no result.”

I’m reproducing here portions of his speech about the incident. This is a test in finding sanity amid the incoherence:

FlorCruz on Chinese Media: from small birdcage to a bigger bird cage

Jimmy FlorCruz with wife Anna (right) and Tessy Ang See.

How does one compress 47 years of an extraordinary life story in about 20 exhibit panels?

That was the challenge that Jaime FlorCruz faced when he agreed to hold an exhibit, an idea that he had long been discussing with Chinese-Filipino civic leader Tessy Ang See for Bahay Tsinoy Museum at the Kaisa Heritage Center in Intramuros.

The exhibit: “From the perch of an accidental China hand” is in Jimmy’s words “ an abbreviated version of my China journey as well as a look back at China’s history of the last 40-plus years” through his China junk – discarded posters, memorabilia and other stuff that he has collected or simply refused to discard.

It’s very interesting exhibit.