Marcoleta says he’ll sue ex-SC Justice Carpio for treason

Senator Rodante Marcoleta threatened to sue former Supreme Court Associate Justice Antonio Carpio for treason over a decision he penned in 2011 on a case involving the country’s territory. 

According to Mav Gonzales’ report in “24 Oras Weekend” on Sunday, the senator flagged Carpio over a decision a decade ago wherein he supposedly ruled to minimize Philippine territory in the case Magallona vs. Ermita. 

“Pumayag siya sa argumento ng gobyerno na paliitin na lang natin ang territorial sea sapagkat makakakuha na tayo ng ganansya sa atng Exclusive Economic Zone,” said Marcoleta. 

(He agreed with the government's argument to simply shrink our territorial sea because we would gain more from our Exclusive Economic Zone.) 

“Lumaki nga sa palagay niya ang Exclusive Economic Zone, ipinamigay niya ‘yung 242,000 square nautical miles. Territorial sea ‘yun, ibig sabihin parte ng ating territory. ‘Yung maritime rights, limited lang ‘yun, economic rights lang ‘yun. I charge him treason for this. Kailangan malaman mo na, Justice Carpio, kung nakikinig ka,” he added. 

(While the Exclusive Economic Zone may have expanded in his view, he gave away 242,000 square nautical miles. That is a territorial sea, meaning it is part of our territory. Maritime rights are limited; they are only economic rights. I charge him with treason for this. You need to know this, Justice Carpio, if you are listening.) 

Citing the Atlas of Relevant Features submitted by the Philippine government before the Arbitral Tribunal, Marcoleta also said that the Kalayaan Group of Islands is not part of the Philippine territory.  

“Nasa labas pati ‘yung Parola, na kung tawagin ay Northeast Cay, 240 naman ‘yun nautical miles away from the baseline. ‘Yung Kota, kung tawagin ay Loaita, 207 naman. ‘Yung Panata, ito yung Lankiam Cay, 203. So, makikita mo, lagpas lahat, pero gusto kong malaman niyo, hindi po akong gumawa ‘yan. Ang gobyerno ang gumawa. Sila po ang sumukat diyan, ‘yan po ang distansya,” the senator said. 

(Even Parola, also known as Northeast Cay, is outside [the limits] at 240 nautical miles away from the baseline. Kota, or Loaita, is at 207. Panata, or Lankiam Cay, is 203. So, as you can see, they are all beyond the limits, but I want you to know that I didn't make that up. The government made that. They were the ones who measured it; those are the distances.) 

“Ako po ba ang gumawa niyan? Hindi po. Ang ating gobyerno ang nag-submit niyan sa tribunal. Nung i-submit ‘yan, kasama po si Justice Carpio, katulong si Atty. Batongbacal,” he added. 

(Was I the one who made that? No. Our government submitted that to the tribunal. When that was submitted, Justice Carpio was involved, along with Atty. Batongbacal.) 

For his part, Carpio said that treason only applies if the country is in the middle of a war. 

“Every first year law student knows that treason cannot be committed during peacetime. The crime of treason can be committed only if the Philippines is at war. That is clear in Article 114 of our Revised Penal Code,” he said. 

With regards to Magallona versus Ermita, Carpio said that Magallona’s camp wanted to include as Philippine territory all the islands and all the waters enclosed by the 1898 Treaty of Paris lines. 

But the former SC justice said that inclusion in the Philippine territorial waters of those beyond the 12 nautical miles is a clear violation of UNCLOS and customary international law. 

“It would also include as Philippine territory large areas of our EEZ and even small areas of the high seas, in clear violation of UNCLOS,” said Carpio. 

If the government had upheld Magallona’s argument, Carpio said that the Arbitral Tribunal would likely dismiss the Philippine government’s case.

“It would be like China’s nine-dash line, in clear violation of UNCLOS and customary international law. Had the Supreme Court upheld the contention of Magallona et al, our arbitration against China would have been dismissed outright by the arbitral tribunal under the legal principle that he who comes to court must come with clean hands,” he said. 

Meanwhile, former senator Francis Tolentino, who authored and sponsored the Republic Act No. 12064 or the “Philippine Maritime Zones Act,” said that there is no need to produce a Philippine map. 

“Wala pong nagre-require sa atin mag-produce ng mapa. Iba po ang mapa, ang mapa po ay cartographic, drawing lang po ‘yan. Ang pinaka-precise po, scientific ay yung coordinates, na na-produce po natin sang-ayon sa Republic Act 9522 noong 2009,” said Tolentino. 

(Nothing requires us to produce a map. A map is different; a map is cartographic, it’s just a drawing. The most precise and scientific [data] are the coordinates, which we produced in accordance with Republic Act 9522 in 2009.) 

But when asked if Marcoleta’s debate challenge against Carpio, Tolentino said: “Gugulo lang. They are entitled to their own opinions or sentiments on this, pero yung paulit-ulit kong sinasabi ay international law is not based on one’s personal opinion.” 

(It will only cause confusion. They are entitled to their own opinions or sentiments on this, but what I keep repeating is that international law is not based on one’s personal opinion.)

The Philippine Bar Association has offered to host a public debate between Marcoleta and Carpio on the issue. — BM, GMA Integrated News