Senator Rodante Marcoleta on Tuesday welcomed the offer of the Philippine Bar Association (PBA) to host a formal debate between him and retired Supreme Court Senior Associate Justice Antonio Carpio on the West Philippine Sea issue.
The PBA, the country’s oldest voluntary national organization of lawyers, earlier proposed organizing the exchange amid mounting public interest in the dispute.
“Doon sa kanilang pangako na magiging kapakipakinabang at makabuluhan sa ating mga mamamayan, hindi ko naman tatanggihan yun (Given their promise that it will be beneficial and meaningful for our people, I will not turn it down),” Marcoleta said in a television interview aired Monday night, expressing openness to the group’s initiative.
Carpio has already accepted Marcoleta’s earlier invitation to a “friendly debate,” but limited the discussion to two issues: the legal existence of the West Philippine Sea and whether the maritime features of the Kalayaan Island Group (KIG) are part of it.
Marcoleta, however, noted that the PBA has yet to address the narrowed scope set by Carpio.
The senator has argued in Senate hearings that the “West Philippine Sea” is not internationally recognized under public international law and that parts of the Kalayaan Island Group lie outside the country’s Exclusive Economic Zone (EEZ).
“Sinabi ko yun, the West Philippine Sea does not exist — pero dugtungan mo yun — in the contemplation of public international law. Sa ating domestic law, tayo-tayo, nalalaman natin. Pagtatalunan pa ba yun? (I said it before: the West Philippine Sea does not exist — but add this — in the contemplation of public international law. Under our domestic law, we ourselves know it exists. Is that still something we need to argue about?)” Marcoleta said.
During the same interview, Marcoleta laid down three formal propositions he wants tackled in the debate, framed in standard debate format beginning with the word “resolve.”
His first proposal calls for determining whether international recognition of the West Philippine Sea as enforcement of the arbitral award against China obligates the National Mapping and Resource Information Authority (NAMRIA) and the Department of Foreign Affairs (DFA) to define and deposit EEZ limits with the United Nations Secretary-General and notify other states.
The second proposition seeks to resolve whether certain Kalayaan Island Group features and their territorial seas — allegedly outside the Philippine EEZ and excluded from maps submitted in the South China Sea arbitration — should be corrected by the DFA, Department of Environment and Natural Resources (DENR), and NAMRIA, with updated coordinates published for the international community.
The third asks whether chart submissions and notifications are state obligations under the United Nations Convention on the Law of the Sea (UNCLOS).
Marcoleta said these points would make for a meaningful and understandable debate for Filipinos.
Marcoleta had initially challenged Philippine Coast Guard (PCG) spokesperson for the West Philippine Sea Commodore Jay Tarriela to a “friendly debate,” later saying Carpio and University of the Philippines maritime law expert Jay Batongbacal should also take part.
However, Tarriela declined Marcoleta’s invitation, maintaining that the country’s sovereignty and legal entitlements in its waters are not subject to public debate.
The PBA, for its part, said any forum it hosts should follow clear protocols and limit the issues to ensure a focused and substantive discussion.