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  • Substitute baselines bill filed
     
    By Fernan Marasigan
    Reporter

    SAYING that the country’s archipelagic baseline bill up for approval at the House of Representatives “contains technical inconsistencies and potential weaknesses,” a legislator has filed a substitute bill, which he claimed would be unassailable under international law.

    In filing his own version of the baseline bill, Kilusan ng Bagong Lipunan Rep. Ferdinand Marcos Jr. of Ilocos Norte claimed that House Bill (HB) 3216, authored by Lakas Rep. Antonio Cuenco of Cebu, chairman of the House Committee on Foreign Affairs, and which is awaiting third and final reading at the House, was technically flawed because it violates the clear and unequivocal guidelines provided under United Nations Convention on the Law of the Sea (Unclos).

    In his sponsorship statement of his bill, Marcos said HB 3216 specifically violates Paragraphs 2, 3 and 4 of Article 47 of Unclos that is defining
    the length of baselines, delimiting the general configuration of an archipelago and limiting the use of low-tide elevations in defining base points.

    “By including the entire Kalayaan Island Group [KIG] and the Scarborough Shoal in the definition of our baselines, the present bill [HB 3216] runs counter to the spirit and letter of Unclos, thus opening the entire measure to rejection and nonrecognition by the international community,” said Marcos, son of deposed President Ferdinand Marcos.

    Marcos proposed in his bill to exclude KIG and the Scarborough Shoal under the so-called regime of islands, the same suggestion earlier raised by Malacañang in its letter to House leaders.

    “This way, the definition of our baselines will be unassailable under international law, while maintaining and, in my view, reaffirming and strengthening our claim on the KIG and Scarborough Shoal,” Marcos said. Under HB 3216, the country’s archipelagic baseline jurisdiction would cover the disputed Spratly Islands and Scarborough Shoal—and would unnecessarily entangle the country in a web of conflicting claims over said areas. “Finally, it has potential weaknesses because, as it now reads, its chances of passing in the Senate and being signed into law are closer to zero than a hundred percent,” Marcos said of HB 3216.

    PDP-Laban Rep. Teodoro Locsin Jr. of Makati City, who is supporting Cuenco’s bill said Marcos certainly would praise his own bill and discredit the other.

    “This is a free country. You know it’s like a mother. Have you heard a mother say her baby is ugly? In other words, this is a bill that only its author can love,” Locsin said in a telephone interview.  

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