Ex-SC justice Jardeleza calls for amendment to Baselines Law

Retired Supreme Court Justice Francis Jardeleza has called for the passage of a law that will identify the features that are either occupied or claimed by the country in the West Philippine Sea, a suggestion that is currently being studied by Malacañang.

At a Palace news conference on Thursday, Jardeleza said it is time to define the "metes and bounds" of the country's maritime features in the West Philippine Sea, a portion of the South China Sea, which Beijing claims almost entirely.

"It's better to have a law that will define the coordinates of our possessions in the West Philippine Sea," he said.

Jardeleza said his proposal to amend the 12-year-old Baselines Law aims to enforce the 2016 ruling of the Permanent Court of Arbitration that upheld the Philippines’ sovereign rights and declared illegal China’s excessive maritime claims in the resource-rich waterway.

He recently pitched the idea in a letter to President Rodrigo Duterte, who appreciated the suggestion, said Palace spokesperson Harry Roque.

"He immediately asked that it be subjected to complete staff work," Roque said as Jardeleza urged Duterte to prioritize the passage of such a measure.

Retired SC Justice Antonio Carpio reportedly said passing a law would not be a practical option since the status of these geologic features could be addressed already by a presidential proclamation — an easier route compared to the legislative process.

In response, Roque said, "That’s so wrong."

"The tribunal said that our domestic law, PD (Presidential Decree) 1596, is inconsistent with the UNCLOS. We have a treaty obligation and an obligation under customary international law to amend our existing law to comply with the UN Convention on the Law of the Sea," he added.

Jardeleza said he welcomes a debate on the issue.

Jardeleza was part of the Philippine legal team that challenged China's maritime claims before the Hague-based arbitral tribunal based on its "nine-dash line." — RSJ, GMA News