CA panel defers action on reso seeking removal of Marcoleta's 'give-up' Kalayaan remark

A Commission on Appointments (CA) panel deferred Wednesday tackling the resolution of the Sangguniang Bayan of the Municipality of Kalayaan which seeks to expunge from the bicameral body’s records the remarks suggesting that the Philippines should “give up” the Kalayaan Island Group (KIG). 

During the meeting of the CA national defense committee to consider the ad interim appointments of 81 generals and flag officers and senior officers of the Armed Forces of the Philippines (AFP), Senator Rodante Marcoleta made a motion to amend the proposed minutes of the hearing on February 4. 

To recall, Marcoleta has been criticized over the controversial remark he made during the previous hearing of the CA committee. He, however, has repeatedly insisted that his words were taken out of context. 

In the resolution, local officials of the Municipality of Kalayaan stood firm that not one inch of their municipality is negotiable, and that any record suggesting otherwise is “a historical error that must be corrected.” 

Marcoleta thus manifested on Wednesday’s hearing to amend the draft minutes “in the interest of accuracy, fairness, and safekeeping of accurate legislative record.” 

“These proposed amendments are not intended to alter the substance of the proceedings, but merely to ensure that the minutes of the committee hearing faithfully and accurately reflect what was actually stated on record. The integrity of our institutional process depends upon the reliability of our official documents and any material mischaracterization, however unintended, must be rectified,” the senator said. 

Specifically, he wanted the entire portion pertaining to his interpellation with Captain Jess Pilar be deleted and replaced with the following: 

“Senator Rodante Marcoleta expressed his views on the issues surrounding the West Philippine Sea. The senator said that the recent controversy started with Commodore Jay Tristan Tarriela's public discussion on the subject, wherein he called the Chinese President Xi Jinping a bully and showed unappealing caricatures of the Chinese President which clearly offended the Chinese Embassy. Senator Marcoleta asked if there is a policy that heads of other countries be subjected to satire and be vilified through caricature to which Captain Pilar said that there is none. 

Senator Marcoleta then shared a portion of the Department of Foreign Affairs letter to Senator Hontiveros which stated that disputes between states are best addressed through diplomatic channels than in public, and that escalation even in public messaging should only be done when it advances clear strategic objectives and the national interest. 

He then asked Captain Pilar what we gain strategically from Commodore Tarriela's actions in terms of national interest, to which Captain Pilar replied that being a member of the AFP, we were just voicing out that our seats, our rights, and what is legally ours, as is stated in our laws. Senator Marcoleta replied that while what is legally ours must be defended, Commodore Tarriela should be transparent in explaining that the West Philippine Sea and the Exclusive Economic Zone are two different entities. 

Senator Marcoleta then proceeded to explain technical details on the West Philippine Sea, stating that the archipelagic baselines have been defined under Republic Act No. 9552, and that from the archipelagic baseline we can already measure our EEZ, contiguous zone, and territorial sea. However, he highlighted the fact that the arbitral award only ruled on our EEZ. 

He emphasized that the four features of the Kalayan Island Group—Pag-asa, Parola, Kota, and Lankiam, currently being occupied by the Philippines, are located beyond our EEZ. Captain Pilar maintained that these features are within our EEZ and that they can also generate their own EEZs. Senator Marcoleta, however, reiterated his point that these four features are indeed beyond the country's EEZ and that as rocks, these features do not generate their own EEZs. He said that the problem lies with how people tend to use both the term EEZ and the West Philippine Sea interchangeably. 

Senator Marcoleta said that under Administrative Order Number 29 (2012), the National Mapping and Resource Information Authority, or NAMRIA, and the DFA are required to prepare an official map of the Philippines with the West Philippine Sea; to deposit it with the Office of the United Nations Secretary General; and to notify the appropriate international organizations. However, this was not complied with despite passage of several years precisely because of the legal complexities surrounding the KIG that lies outside our EEZ. He said that if a map is thrown appropriating the high seas, we will violate the UNCLOS itself. 

With the dilemma of plotting the West Philippine Sea that will include the waters of the KIG in the high seas, Senator Marcoleta used a hypothetical scenario of giving up the KIG if only to simplify the problem of delimiting the West Philippine Sea. 

He further said that within the South China Sea are the EEZs from different countries and that Vietnam, Malaysia and China were able to manage their differences and consequently had numerous oil and gas explorations within their areas. The Philippines has been left behind on this aspect as we have been unable to manage our disputes. 

Finally, Senator Marcoleta mentioned that when he met with the Chinese Ambassador, the latter opened up his willingness to discuss with all concerned agencies of the Philippine government. Senator Marcoleta then suggested that we should begin to engage with them and to start with less contentious matters such as fishing rights, which both parties may benefit from.”

Senator Risa Hontiveros then asked if the committee has the time to act on Marcoleta’s request or it has to reschedule it on another day. 

“Dahil mahaba po at saka possibly substantive ‘yung proposed revisions sa minutes at secondarily, binanggit din ang representasyong ito at ‘yung sulat na ang sagot ng Department of Foreign Affairs in writing sa sulat ko sa department doon sa proposed revision, I’m wondering if we have the time to act on this proposal right now dahil pending po ‘yung plenary,” Hontiveros said

(Because the proposed revisions are long and possibly substantive in the minutes, and secondarily this representation was also mentioned, as well as my letter to the Department of Foreign Affairs, on the proposed revision, I'm wondering if we have the time to act on this proposal right now because the plenary is pending.) 

Citing lack of material time, CA Majority Floor Leader Rep. Jurdin Jesus Romualdo thereafter moved to refer the resolution to the commission’s secretarial legal service for further study and to provide recommendation on the request. 

“We need more time for this to tackle this correction of the minutes of the last hearing,” Romualdo said.   

Panel chairperson Rep. Jose Aquino II approved the motion with no objections from his colleagues. 

The CA later in the afternoon formally approved the ad interim appointments of the AFP officials, following the endorsement of the committee to the plenary. — RSJ, GMA Integrated News