BEFORE proceeding, here’s stressing that yours truly is never an “expert” both in law and diplomacy.
But as an ‘above-average’ person who can understand the ramifications of what Senior Associate Justice Antonio Carpio has been claiming as his ‘3-point approach’ to “peacefully” settle the WPS issue in our favor, the actual, contrary result, is a war with China.
At a recent forum on the ‘anniversary’ of our bogus “victory” in 2016 against China thru the Permanent Court of Arbitration (PCA) at The Hague last July 12, Carpio proposed (as reported by the PDI) that:
First, we enter into a border agreement with Vietnam; second, we enter another border agreement with Malaysia; and third, we file before the UN Commission on the Limit of Continental Shelf an “extended continental shelf claim” extending off Luzon facing the WPS, using as basis the provisions of UNCLOS (United Nations Convention on the Law of the Seas).
And for good measure, Carpio wants us to “ask” Uncle Sam and our ASEAN neighbours to declare the Scarborough Shoal as an “official red line” in the WPS.
Now, we don’t know the state of the physical and mental health of SAJ Carpio but clearly, these are the ranting of a greatly troubled mind.
For although Vietnam went to a “border war” against China in 1979, thus making it clear that despite China’s invaluable help during its war against France and America (from 1945 to 1975),
Vietnam would not compromise its own territorial integrity, what made Carpio believe that Vietnam would readily agree to his proposal?
I don’t know how Carpio can look at his proposal as bereft of warlike intention when anyway one looks at it is tantamount to a military alliance between the Philippines and Vietnam.
Eh, “suwerte” tayo dahil “tatawid” pa ng dagat ang China para “sakupin” ang ‘Pinas eh, ang Vietnam, aber?
What about Vietnam whose recent armed clashes with China (beginning in 1979) is still fresh from memory and its adjacent border with China very real?
Will Vietnam agree to Carpio’s “proposal” knowing fully well that within minutes of signing the agreement with us, the People’s Liberation Army would be crossing the border towards Hanoi?
Ditto, Carpio said we also talk to Malaysia for another border agreement to “delineate” both our EEZs between Borneo and Palawan.
Translation? Carpio is committing high treason here because if we do this, this is tantamount to giving up our rightful claim to Borneo (Sabah) that is with Malaysia— for now.
As a lawyer and magistrate of high regard, Carpio should be reminded of the existence — and validity— of RA 5446, past into law by Congress in 1968.
RA 5446 reminds Filipinos (that should include Carpio and his kind) and the rest of the world that the Republic of the Philippines sees Sabah (Borneo) as a territory over which we have acquired “dominion and sovereignty.”
In other words, Carpio would want us to give away a huge chunk of our national territory in exchange for a few pieces of barren “islands” in the WPS. And if we follow his advise, we are going to lose both, that is for sure.
SAJ Carpio also suggested we file a “claim” for an “extended continental shelf” before the UN using the mechanics laid down under UNCLOS.
Well, has he not heard (or seen) the explanation made by esteemed Philippine diplomat, Rosario Manalo, only last week, at the ‘Tapatan sa Aristocrat’ media forum (less than 5 days BEFORE his July 12 speech)?
That although China and the Philippines are members of UNCLOS, BOTH SIDES “opted out” of the provision for “voluntary arbitration?”
In other words, both China and the Philippines cannot invoke the ‘voluntary arbitration’ clause of UNCLOS because both sides decided not to avail of it, to begin with.
In other words, similar to what China has done with the PCA, it can simply ignore our petition before the UNCLOS— and China would be on its right for doing so. Kasi, hindi naman ito ‘binding’ dahil “inayawan” nga ito ng Pinas at China, hindi ba?
And finally, why “inviting” the US Navy and the...
...ASEAN to help the Philippines draw a “red line” in the disputed areas of the WPS/South China Sea would not result to an armed confrontation, only a fool can believe.
For Carpio’s “red line” can only mean one thing— “anybody” (read: China) “crossing” it is inviting military retaliation both from the ASEAN countries and the United States.
For how else does one interpret the meaning of this “red line” if not an open declaration of war against any “intruder,” hindi ba, dear readers?
Now, I hope that SAJ Carpio still has his wits with him because the ramification of this proposal is that means EXPANDING the tension in the WPS by no longer limiting the misunderstanding between the Philippines and China but to the entire region as well— with Uncle Sam not far behind.
Trivia: After the death of Stalin in 1953, Chairman Mao Zedong asked Soviet premier, Nikita Khrushchev, for atomic weapons that he can drop on the US Navy (over the Taiwan Straight and Korean issues) but Khrushchev refused, telling the Soviet Politburo that Mao has gone crazy.
Translation? Even at the time, China is willing to risk all in the struggle against Western Imperialism, with Chairman Mao “calculating” that even if half of the Chinese population gets killed in an atomic war, the other half would be sufficient enough to defeat America and its allies.
Now, if people like Carpio and his US masters think that China, because of its rise to global influence and affluence has foregone its “battle to the death” spirit and is “afraid” of war with anyone, then all of us would be in for a sorrowful surprise.
In other words, stop with your inane, treasonous— and dangerous— “opinions” SAJ Carpio, please naman po!