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China’s Xi Jinping may boycott Manila APEC meet

Published by Ellen on July 12, 2015

President Aquino is welcomed by China's President, APEC 2014 in Beijing. — President Aquino is welcomed by China’s President, APEC 2014 in Beijing.

China’s President Xi Jinping may boycott the 2015 Leaders Meeting of the Asia Pacific Economic Cooperation (APEC) to be held in Manila on Nov. 18 and 19, a diplomatic source said.

The source said the reason for Xi’s change of mind about attending this year’s APEC summit was the remarks of President Aquino last month during his visit to Japan comparing China’s activities in South China Sea to Nazi Germany’s expansionism which led to World War II.

“That remark really got the ire of Xi Jinping. Didn’t Aquino think that by comparing Nazi Germany to China today, he was in effect saying Xi is like Hitler? “ the source said.

Unable to defend The Hague junket, Lacierda turns catty

Published by Ellen on July 9, 2015

Presidential Spokesperson Edwin Lacierda was being catty when he dismissed as “KSP” lawyer Harry Roque’s criticism of the huge Philippine delegation to the hearing of the U.N. Arbitral Tribunal of the case filed by the Philippines against China in The Hague, Netherlands.

Roque raised a valid issue.

He said: “With only three oralists scheduled to make submissions before the Tribunal, why is it that we have a delegation of at least 35? I say at least because the number does not include our foreign counsels and their staff. I believe the correct number of our delegation should be at least 50. That’s 50 business class tickets and 50 de luxe rooms at five-star hotels in very expensive The Hague!”

Lacierda did not refute Roque’s numbers so I suppose the latter’s information was correct. From news reports from The Hague I have only the following names:

Taiwan’s take on PH suit vs China

Published by Ellen on July 8, 2015

Itu Aba, the biggest feature in Spratlys. Occupied by Taiwan.

The Republic of China (ROC) or Taiwan has its issue with mainland China (PROC-People’s Republic of China) but in matters of ownership of almost the whole of South China Sea, they have the same line.

In the statement released by Taiwan Tuesday, it asserted that Nansha islands also known as Spratly Islands; Shisha (Paracel) islands, Chungsha Islands Macclesfield Bank) and Tungsha (Pratas) Islands, as well as their surrounding waters, are an inherent part of ROC territory and waters.

“As the ROC enjoys all rights to these island groups and their surrounding waters in accordance with international law, the ROC government does not recognize any claim to sovereignty over, or occupation of, these areas by other countries, irrespective of the reasons put forward or methods used for such claim or occupation,” the statement said.

What the Philippine U.N. case vs China is not

Published by Ellen on July 6, 2015

Contrary to what many think that the Philippines case against China in the Arbitral Court of the United Nations Commission on the Law of the Sea (UNCLOS) will clarify who owns what or which of the reefs in the Spratlys, it won’t.

That’s because that is not in the scope of the U.N. Arbitral Tribunal where the Philippines filed the case. The UN Arbitral Tribunal only deals with the interpretation and application of UNCLOS.

It does not decide on sovereignty over disputed features in the sea.

Territorial disputes are the domain of the International Court of Justice or ICJ.

PH and China dispute to continue despite U.N. Tribunal case

Published by Ellen on July 5, 2015

By Ellen T Tordesillas and Tessa Jamandre, VERA Files

Permanent Court of Arbitration, The Hague. The Arbitral Tribunal starts hearing today the case filed by the Philippines vs China in this building. — Permanent Court of Arbitration, The Hague. The Arbitral Tribunal starts hearing tomorrow the case filed by the Philippines vs China in this building.

Despite the presence of a high-level Philippine team at the hearing of the Philippines’ case against China before the Arbitral Tribunal of the United Nations Convention on the Law of the Sea (UNCLOS) this week, the issue of who owns the contested islands in the South China Sea will remain unresolved.

That’s because the Philippine team won’t be arguing its territorial claims, which are not under the jurisdiction of the Arbitral Tribunal in The Hague in the Netherlands.

“We are very confident that we can convince the court that this is not about ownership of land,” said former solicitor general now Supreme Court justice Francis Jardeleza, who is part of the Philippine team.

Instead, the Philippines merely wants the Tribunal, which interprets UNCLOS, to invalidate China’s 9-dash line claim over the South China Sea.

Ombudsman gives substance to public officials’ accountability

Published by Ellen on July 2, 2015

When the Mamasapano tragedy, which claimed the lives of 67 people including 44 members of the Special Action Force of the Philippine National Police, happened and the active role of suspended PNP chief Allan Purisima was exposed, a source told us that Ombudsman Conchita Carpio-Morales was angry.

Who would not be?

The tragedy happened Jan. 25, 2015. The Ombudsman had suspended Purisima in Dec. 2014 and he was supposed to be not involved in the operations of the PNP.

But details of events that led to the tragedy showed that despite the suspension, President Aquino involved Purisima in official operations.

It was a blatant flouting of the law.

The story of two unreceived notices: 2. Dennis Garcia of The Hotdog

Published by Ellen on June 30, 2015

The Hotdog's Manila , used by Resorts World without permission from creator. — The Hotdog’s Manila , used by Resorts World without permission from creator.

I have been following another case that involved a failed delivery of a letter.

The issue is about copyright, an artist’s protection for his or her creations.

Dennis Garcia of the much-loved Hotdog band wrote that over a week ago, his group was about to close a lucrative deal with a reputable casino group and it involved the use of iconic “Manila”, the song that he and his brother,Rene,created.

The story of two unreceived notices: 1.Binays of Makati

Published by Ellen on June 30, 2015

Binay supporters throw monobloc chairs at police

Is the scene in Makati – Mayor Junjun Binay defying the Ombudsman’s suspension order – a preview of a Jejomar Binay presidency?

Early evening news yesterday reported that finally, the suspension order by the Office of the Ombudsman of Makati Mayor Junjun Binay was served. But not without violence.

Supporters of the Binays were seen throwing monobloc chairs at police officers. Vice President Jejomar Binay was also seen berating Senior Superintendent Elmer Jamias, deputy director of the Southern Police District (SPD), accusing the latter of preventing their supporters from entering the City hall premises where they were holding a rally/vigil.

Should PH seek provisional measures from U.N. vs China

Published by Ellen on June 30, 2015

China released this photo of a vegetable garden in Fiery Cross which the Philippines says is a reef which cannot sustain human habitation.

As China continues its massive reclamation and construction in areas surrounding the seven reefs that it occupies in the disputed Spratly islands in the South China Sea, the Philippines can only watch helplessly.

The Philippine government’s protests through media now sounds like a broken record.

The United Nations International Tribunal on the Law of the Sea will start the hearing of the Philippine suit against China’s nine dash line map which encroached on territories of the Philippines, Brunei, Indonesia, Malaysia and Vietnam on July 7.

But even a favorable decision by the U.N Arbitral Tribunal, which is expected next year, won’t bind China which has refused to participate in the legal process.

What is left for the Philippines to do then?

Soldier turned legislator Gary Alejano’s concerns on the BBL

Published by Ellen on June 26, 2015

Rep. Gary Alejano interpellating during the deliberations on BBL.

No one was surprised that the Supreme Court junked the petition questioning the legality of the Bangsamoro Basic Law which was still being deliberated by both chambers of Congress when it adjourned sine die last June 11.

The BBL missed its timetable of the Senate and House of Representatives passing it by June 11.

Supporters of the legislation which promises lasting peace for Muslim Filipinos and the country are hopeful that the resumption of the deliberations on the bill after President Aquino’s last State of the Nation Address on July 17 would lead to bill’s eventual passage into a law.

When that time comes, more groups will be questioning it before the Supreme Court.

Before the adjournment of the House of Representatives, Magdalo Representative Gary Alejano raised valid issues during his interpellation of Antipolo Rep. Romeo Acop, one of the vice chairs Hoc Committee on the Bangsamoro Basic Law.

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