Carpio accepts debate challenge, vows to correct Marcoleta on WPS



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Retired Supreme Court Associate Justice Antonio Carpio has accepted the Philippine Bar Association’s offer to host a formal public debate with Senator Rodante Marcoleta on the West Philippine Sea (WPS) dispute.
“I accept the terms of the Philippine Bar Association. It will be a formal debate. Papayag ako. Kahit saan, papayag ako (I will agree. It could be anywhere, and I will agree),” Carpio said in a television interview.
The Philippine Bar Association earlier offered to organize the event, promising a neutral and secure venue, professional moderators, clear protocols, and open access for accredited media.
The proposed debate will focus on issues surrounding the West Philippine Sea, which have recently sparked public exchanges.
Marcoleta had initially challenged Philippine Coast Guard (PCG) spokesperson Commodore Jay Tarriela to a “friendly debate,” later saying Carpio and University of the Philippines maritime law expert Jay Batongbacal should also take part.
Carpio said his motivation goes beyond spectacle.
“Dahil nagsalita na si Marcoleta (Because Marcoleta has spoken), we have to correct this. Otherwise, the people will be misinformed. We have to correct this,” he said, emphasizing that public statements about the country’s maritime entitlements must be addressed.
He added that the debate should tackle Marcoleta’s assertion that “legally, there’s no West Philippine Sea.”
“Para matuto ‘yung publiko (So that the public will learn). This is to educate everybody. Hindi puwede ‘yung isang senador, sinasabi niya in public na walang West Philippine Sea. Okay, let’s debate on that,” Carpio said.
Carpio also dismissed Marcoleta’s threat to sue him for treason over a 2011 decision he authored involving Philippine territory.
“There’s no crime of treason during peacetime. Every freshman law student knows that treason can be committed only during wartime,” Carpio said.
He added that before any treason charge could even be considered, Marcoleta would have to amend the Revised Penal Code and the Constitution.
Carpio noted that the Constitution requires the Philippines to adhere to international law and emphasized that the country’s maritime entitlements are anchored in the United Nations Convention on the Law of the Sea (UNCLOS), which sets the territorial sea at 12 nautical miles while recognizing a broader exclusive economic zone.
To challenge that framework, Carpio said the senator would need to persuade the President and the Senate to withdraw from UNCLOS, a move with significant legal and diplomatic consequences.