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SPEAKER
Prospero Nograles on Tuesday said Malacañang should give
assurance it can guarantee that its request that the
Kalayaan Island Group (KIG) and Scarborough Shoal should
be treated as a “regime of islands” and not a part of
the country’s archipelagic baseline will not endanger
the country’s legal claim on the disputed areas in the
South China Sea.
“The
House may seriously consider Malacañang’s proposal but
we want to make sure that it will not have any
repercussion on our claims. Once we submit our baseline
to the UN, it becomes a permanent record, so we really
have to balance this issue very carefully,” said
Nograles.
House
Bill 3216, or An Act Defining the Archipelagic Baselines
of the Philippine Archipelago, Amending for the Purpose
Republic Act (RA) 3046, as Amended by RA 5446, is
scheduled to be passed on third and final reading when
session resumes on April 21.
Executive Secretary Eduardo Ermita, in a letter to
Nograles dated April 4, reaffirmed the position of the
Executive on the Philippine archipelagic baseline, which
is “to enclose the main archipelago within the baselines
and treat the Kalayaan Group of Islands as a regime of
islands.”
Nograles
said that while he supports Malacañang’s position on the
baselines bill, there is a need to consider the
possibility that it can also be wrong.
“Malacañang can be right, but it can also be wrong. We
have to be very careful about this,” he said.
The
Speaker said he wants to find out if the other
claimants—including China, Vietnam, Brunei, Indonesia,
Malaysia and Taiwan—do have not legislated territorial
lines similarly putting enclosures in the disputed
areas.
He said
he also wants to know if the other claimants have
already submitted such documents to the United Nations.
Nograles
said that removing the provisions in the baselines bill
that defines the country’s baselines to include areas in
the disputed territories should be carefully studied
because this can run in conflict with our present
territorial claims in the South China Sea.
“I
advised House foreign affairs chairman Antonio Cuenco to
study this very carefully and look at the merits of the
executive position on the law on baseline,” he said.
“This
baseline bill, once it becomes a law will be a permanent
document that will be submitted to the UN and we don’t
want to weaken our claim on these territories based on
technicality,” he added.
Nograles
said that he would defer to the wisdom of Cuenco as he
pointed the need to come out with the baseline law in
compliance with the United Nations’ May 2009 deadline
for the submission of the country’s claims to extended
continental shelf areas.
“Congressman Cuenco’s committee is in the best position
to make a stand on this issue because it has conducted
exhaustive hearings and studies which may go for or
against the position of Malacañang,” Nograles said.
Besides,
Nograles said that ultimately it would be the UN
Convention on the Law of the Sea and the international
courts that would judge whether the measure complied
with international law. |