July 12, 2016 was a very good day! #PNoy

Aminin na natin. It took chutzpah, audacity, what President Benigno Aquino III did in January 2013 when the Philippines instituted arbitral proceedings against China some months after da agawan sa Scarborough Shoal. Other presidents, from FVR to ERAP, GMA and RRD, were too careful to not antagonize China kahit anong kabastusan at kabulastugan nito sa karagatan nating pilit nitong inaangkin; or maybe they thought na madadaan pa ang Tsina sa magandang usapan LOL. No surprise then that PNoy’s closest advisers were divided on the matter, for and against arbitration court.  Read former SC Chief Justice Antonio T. Carpio‘s first-hand account. Very interesting and impressive how PNoy simply stuck to his guns despite all underhanded attempts to stop him. Good good job!

AQUINO AND THE ARBITRATION AGAINST CHINA 
By Antonio T. Carpio
July 1, 2021

One of the enduring legacies of President Benigno Aquino III is the Philippines’ landmark victory against China in the South China Sea Arbitration. It took courage and wisdom to sue China, an economic giant and a nuclear-armed superpower. President Aquino made the difficult decision even as his closest advisers were bitterly divided, with one faction against the arbitration and the other in favor of the arbitration.

These two factions fought from the beginning to the end. After consulting with Law of the Sea expert Paul Reichler and his team, then Foreign Secretary Albert del Rosario submitted to Malacañang his Memorandum to President Aquino recommending favorably the filing of the arbitration case against China. Unfortunately, his Memorandum was rewritten in Malacañang, making it appear that he was against the filing of the arbitration case. Secretary del Rosario swiftly found a way to give to President Aquino his original recommendation. President Aquino then convened a meeting of national leaders who, except for one, all voted to file the arbitration case.

When Paul Reichler recommended the amendment of our Statement of Claim to include the status of Itu Aba as one of the issues to be resolved by the arbitral tribunal, the two factions fought again. Secretary del Rosario arranged for Paul Reichler and his team to meet President Aquino in Malacañang so our lawyers could explain to the President the need to amend our Statement of Claim. Paul Reichler and his team waited for four hours in Malacañang for President Aquino, only to be told by then Executive Secretary Paquito Ochoa Jr. that the President could not meet them. Instead, Ochoa informed them that the instruction of the President was not to amend our Statement of Claim. Over dinner that evening, I asked Paul Reicher what he would do, and he replied he would discuss the status of Itu Aba in the Memorial without including it as an issue to be resolved by the tribunal.

When Paul Reichler submitted his draft Memorial to the Office of the President for approval, the two factions fought again. One faction wanted the 15 paragraphs in the Memorial explaining the status of Itu Aba to be deleted, while Secretary del Rosario insisted on the retention of the 15 paragraphs. I met with then Justice Secretary Leila de Lima and explained to her why the 15 paragraphs should be retained. I gave her a two-page brief on the matter to give to President Aquino, which she did. When President Aquino called the two factions to a meeting, he announced his decision — the 15 paragraphs would remain in the Memorial.

Incidentally, when journalist Marites Vitug interviewed President Aquino in 2017 for her book “Rock Solid,” she asked the President why he did not meet with Paul Reichler and his team. The President replied, in the presence of Secretary del Rosario, that nobody told him that Paul Reichler and his team were in Malacañang to see him.

Finally, for the last hearing at The Hague in November 2015, Secretary del Rosario as usual submitted to Malacañang the list of names of officials who would form the Philippine delegation. The list included my name as observer, but when the approval came out my name was deleted. Secretary del Rosario wrote back that if I would not be included he would not be joining the delegation. Malacañang reinstated my name.

When I arrived at The Hague, I found Paul Reichler and his team terribly upset. Solicitor General Florin Hilbay had earlier emailed them not to answer the questions of the arbitral tribunal on Itu Aba, questions that were previously emailed by the tribunal to our lawyers. At the meeting with our lawyers the evening before the first day of the hearing, I explained that in the Supreme Court, if lawyers refused to answer questions of the Court during oral arguments, that would be taken very strongly against them and they would likely lose their cases. Thankfully, Solgen Hilbay did not argue with me anymore and Paul Reichler and his team took that as a green light to answer all the questions of the tribunal.

The nation is eternally grateful to President Aquino for bravely filing the arbitration case and for steadfastly pursuing the straight and principled path until final victory.

acarpio@inquirer.com.ph

 

 

 

70 years of Imelda

That is, 70 years since she became a public figure in 1954, when she married Ilocos Rep. Ferdinand Marcos; she was 25. In her birthday speech@95 Imelda was superhappy to be back in Malacañang with her son the President and she thanked God for such a rich life, or something like that. Meanwhile, PBBM’s historical revisionism continues apace. Sharing here Philstar columnist Ana Marie Pamintuan’s reaction to the president’s “Mama Meldy” six-minute vlog tribute that I just can’t bear to watch. 

History lessons
By Ana Marie Pamintuan

The only son of Ferdinand and Imelda Marcos is busy rewriting the story of their family, and the TikTok generation may be unable or unwilling to determine the truth.

Ferdinand Junior’s latest effort to whitewash his parents’ criminal record (of large-scale corruption and gross human rights violations) can be seen in his seemingly innocuous birthday greeting to his mommie dearest, Imeldific.

After treating her to yet another birthday party at Malacañang, where her infamous shoe collection was moved out many years ago, BBM paid tribute to “Mama Meldy” in a six-minute vlog, in which he lauded her “profound impact” on the country and for turning Filipinos’ “countless dreams into reality.”

BBM correctly cited Imeldific’s pet projects when she was the all-powerful first lady of Ferdinand Senior: the National Kidney and Transplant Institute, the Philippine Heart Center, Philippine Children’s Medical Center, Cultural Center of the Philippines and Folk Arts Theater.

Left out of this gushing tribute were the corruption scandals when they were built, about the massive kickbacks that gave rise to the term “edifice complex” and the jokes about Imeldific’s penchant for “mining” – all this is mine, mine, mine.

During the Marcoses’ encounters with Japanese officials at the time, the standard joke was that the conjugal dictators “robbed the Philippines very much.”

“My mother doesn’t get angry. She doesn’t pick a fight with anyone,” BBM posted in his vlog.

You won’t get angry, either, and won’t feel the need to pick a fight if you manage to get away with everything.

***

Imelda (after) Marcos #Halalan2022

Dovie Beams and Philippine Politics: A President’s Scandalous Affair and First Lady Power on the Eve of Martial Law 

 

120 years of America

These days find me wondering, what if, ano kayâ, kung hindi tayo sinakop nasakop ng America after we had won the war against Spain in 1898.  Ano kayâ kung hindi tayo masyadong naniwala sa pangako na ikaaangat, ikabubuti, ikagiginhawa, ng Pilipinas ang pagsuko sa Amerika. A century and some 20 years later, maliwanag na kalunus-lunos ang sinapit, tuluyang sinasapit, ng nakararaming Pilipino. Worse, nasabit na tayo nang bonggang-bongga sa hidwaang Amerika-Tsina. 

Sharing here excerpts from two opinion essays: ‘Separate and equal’ by Michael Lim Ubac and In the Philipines, Haunted by History by Gina Apostol. Good to be reminded what we’re up against, still.

‘SEPARATE AND EQUAL’ 
by Michael Lim Ubac
June 13 2024

… History tells us that neither Spain nor the US acknowledged the provisional government established by Aguinaldo in 1898 or the formal declaration of independence ratified by the Malolos Congress in 1899. Instead, Spain ceded the Philippine archipelago to the US for $20 million on Dec. 10, 1898, through the Treaty of Paris. The treaty relinquished Spain’s control of Cuba and gave away its other colonies, such as Guam, Puerto Rico, and the Philippines, to the US. It also sounded the death knell for over four centuries of the Spanish Empire, and provided the US with a renewed sense of confidence—a sense of manifest destiny, as it were, for its future as a Pacific power.

This still-evolving American foreign policy would logically undermine the goals for self-determination of the nascent Philippine republic. With virtually all of the Philippines outside Manila already under the control of Aguinaldo’s forces after shaking off the Spanish yoke, Filipino revolutionaries and at least seven million Filipinos were prepared to settle and enjoy the benefits of hard-fought freedom. But when Private William Grayson, a member of the Nebraska Volunteer Infantry Regiment, opened fire on Filipino soldiers at 9 p.m. on Feb. 4, 1899, that shot ignited what would become the Filipino-American War. The rest is history.

One vote. Strategically, the McKinley administration saw Manila as an ideal location to defend US interests in China against European interventions. The presence of the US could also increase American influence in the far east. But the Treaty of Paris had a polarizing effect on American politics. It was narrowly ratified by the Senate on Feb. 6, 1899, with just one vote more than the necessary two-thirds for approval.

In 2011, while researching at Harvard’s Widener Library, I stumbled upon a pamphlet that contains excerpts from a three-hour speech of US Sen. George F. Hoar on April 17, 1900, during the debate on the ratification of the treaty. Hoar vigorously opposed the conquest of the Philippines, describing the archipelago as “a nation entitled as such to its separate and equal station among the powers of the earth by the laws of nature and of nature’s God.” Hoar could not fathom why America had to civilize a country like the Philippines, which already had a “written constitution, a settled territory, an independence it has achieved, an organized army, a congress, courts, schools, universities, churches, the Christian religion, a village life in orderly, civilized, self-governed municipalities; a pure family life, newspapers, books.”

Hoar acknowledged the intellectual prowess and patriotic fervor of Filipinos, saying it had “statesmen who can debate questions of international law, like [Apolinario] Mabini, and organize governments, like Aguinaldo; poets like José Rizal; aye, and patriots who can die for liberty, like José Rizal.” He added: “No people can come under the government of any other people, or any ruler, without its consent.” Hoar then asked his colleagues whether it was justifiable to “crush that republic, despoil that people of their freedom and independence and subject them to our rule.”

“Is it right, is it just, to subjugate this people? To substitute our Government for their self-government, for the Constitution they have proclaimed and established? … Are these mountains of iron and nuggets of gold and stores of coal, and hemp-bearing fields, and fruit-bearing gardens to be looked upon by our legislators with covetous eyes?” he asked.

Hoar’s questions are still relevant today, even though the international context has evolved. Since 1946, the Philippines has had a trusted economic and military ally in the US. The Philippines remains valuable geopolitically to the US even as its economy is closely tied to China.

***

IN THE PHILIPPINES, HAUNTED BY HISTORY
By Gina Apostol
April 28, 2012

THE Philippines is haunted by its relationship with the United States. I remember the day, in 1991, when the Military Bases Agreement between the two countries was rescinded. The headlines yelled, finally: Freedom! But worrywarts held on to their beads. Clark Air Force Base and Subic Naval Base were America’s largest overseas outposts — powerful vestiges of colonial rule decades after the American occupation, which lasted from 1899 to 1946, had ended. In American history books those decades have fallen into an Orwellian memory hole: lost or abridged.

On the Philippine side, however, the relationship with America looms like Donald Barthelme’s balloon, a deep metaphysical discomfort arising from an inexplicable physical presence. In Barthelme’s story “The Balloon,” a huge glob inflates over Manhattan, affecting ordinary acts of puzzled citizens for no apparent reason. American involvement in Filipino affairs sometimes seems like that balloon, spurring fathomless dread. Bursts of anxiety over the bases’ return pop up every time America finds a new enemy.

The high-level April 30 [2012] meeting between the United States and the Philippines in Washington occurs during a standoff between Beijing and Manila over disputed territories. Hillary Rodham Clinton has called the contested portion of the South China Sea “the West Philippine Sea,” fanning Chinese ire and Filipino nationalism alike over obscure islands known by most as the Spratlys. (They have oil, and China wants it, too.) And tensions have not been soothed by joint military training exercises featuring 6,000 American and Filipino troops practicing so-called mock beach invasions on the coast facing China. Indeed, as America pivots to Asia and China rattles Manila, old phantoms are rising.

… The bases haunt us because they emerged during a dreamspace, when we still believed in our capacity for revolution. America “friended” the Philippines during our 1896 war against Spain then “unfriended” us when it paid Spain $20 million dollars for the islands in 1899. The building of military installations began apace, in step with the trauma of our sense of betrayal.

We agitated against the Clark and Subic bases during the Marcos years, that conjugal dictatorship propped up by American good will. There are photographs of the Marcoses with every American president since 1965, many on Wikicommons: Imelda dancing with the sweaty and the suave: with Nixon, as the Vietnam War waxed, and Reagan, as the cold war waned. A brutal war against ill-equipped, proto-Maoist insurgents kept the Marcoses, and American guns, in business. It’s no surprise that the bases became a linchpin in our constitutional debates after we threw out the dictator in 1986.

… Our brand-new 1987 Constitution banned foreign bases, but America’s lease wasn’t up for four more years. Pundits quipped that only an act of God would kick the bases out. God obliged. Mount Pinatubo erupted in 1991, pulverizing Clark Air Force Base and devastating Subic. America abandoned Clark and moved to renegotiate the bases treaty. I remember the day the Senate rejected the treaty because my own child was newborn, of age with the country. President Corazon Aquino, a sugar heiress whose family made a fortune during World War II providing alcohol to American G.I.’s, reluctantly signed it in 1991.

A smoldering volcano, Mount Mayon, had heralded the arrival of American forces in 1899, and in a seismic mirror Pinatubo ushered them out — a nation foretold by tectonic shifts. In between the acts, rubble remains.

American policy has always benefited the Filipino elite — the Marcoses, the Macapagal-Arroyos and the current presidential family, the Cojuangco-Aquinos, are among the handful who have reaped a bonanza. The interests of the oligarchy are the ties that bind. Our spectral angst is not so immaterial: our dread is drenched in military dollars and haunted by civilian blood.

***

Maritime Zones Act, bakit wala pa rin?

As far as I can tell from online sources, the House of Reps passed the Maritime Zones Act (MZA) in May 2023, the Senate passed it in Feb 2024, and the bicam review was passed by both chambers on the 19th of March. It should have lapsed into law 30 days after, if the President had not yet acted on it. But almost two months later, on May 15, the House of Reps recalled the ratified MZA for “further refinement.” At hanggang ngayon, wala pa rin. What’s going on? Are we “seeing” the hand of China in Congress?

WHERE’S THE LAW FOR PHL TO GET EVEN?
By Jarius Bondoc

Is there a peaceful way to retaliate against China’s attacks in the West Philippine Sea? Yes, says international maritime lawyer Jay Batongbacal, PhD.

With the Maritime Zones Act, the Philippines can demand diplomatic parity. Here’s how, says Batongbacal:

• If China assaults our resupplies and fishing in Ayungin and Panatag Shoals, then we can forbid Chinese passage through our internal waters.

• Reciprocally, if China respects our right to our own exclusive economic zone, then we will let them through.

Recall the June 17th atrocity. Five speedboats of more than 40 Chinese coastguards rammed a Philippine Navy rubber craft beside BRP Sierra Madre in Ayungin. Eight Filipino sailors were about to unload food, water and equipment.

The enemy boarded, knifed and axed the rubber boat, fired lasers and looted supplies. They barred medivac of one Filipino whose thumb was severed by the ramming. All this was videoed.

China’s barbarism was well planned. Propaganda was ready. Within an hour its embassy disinformed that the Filipinos did the ramming and provoking.

On June 19th four People’s Liberation Army-Navy warships entered Philippine internal waters on “innocent passage.” Philippine Coast Watch monitored them.

Destroyer Luyang III (DDG168) and frigate Jiangkai II (FFG570) entered Balabac Strait between Palawan and Mindanao at 1:49 p.m. Destroyer Renhai (CG105) and replenishment oiler Fuchi (AOR907) followed at 3:56 p.m.

All sailed the international sea lane in our inner waters for hours then exited Surigao Strait to Pacific Ocean.

It’s impossible that the PLA-Navy didn’t know what its coastguards had done two days prior. They all report to the China Communist Party-Central Military Commission.

With the Maritime Zones Act we can bar any more Chinese naval pass through. No longer may it cross to and from South China Sea and Pacific Ocean via:

(1) Balintang and Babuyan Channels between Batanes and mainland Luzon;
(2) Balabac and Mindoro Straits on the west through Sulu Sea to Surigao Strait on the east and
(3) Sibutu Strait 16 nautical miles wide between Tawi-Tawi and Sabah onto Celebes Sea.

Without Balintang and Babuyan passage, China warships will have to sail farther north via Bashi Channel between Batanes and southern Taiwan. Or between northern Taiwan and Okinawa.

Without Mindoro, Balabac and Sibutu passage, China warships will have to veer far west between Singapore and Borneo, turn south at the Indian Ocean, then east to Celebes Sea onto the Pacific.

PLA-Navy sail times will prolong, costs will rise, operations will be hampered. As Sun Tzu said, “Begin by seizing something your opponent holds dear, then he will be amenable to your will.”

But where’s that Maritime Zones Act (MZA)? Where’s that potent legal weapon against China?

The Senate unanimously ratified the bicameral conference committee report on March 18th and the House also unanimously on March 19th. President Ferdinand Marcos Jr. should have signed it or it should have lapsed into law by now.

It has been reverted to the bicam, principal Senate author Francis Tolentino told Gotcha Monday. Why that procedural breach? Because of an apparent oversight.

“We need to reconcile the legal definitions of internal and archipelagic seas,” Tolentino said. “Since Congress is in recess, the bicam can’t muster a quorum, so we’ll have to wait ‘til July resumption.” Principal House author Rufus Rodriguez was askance: “I am puzzled why the bill has not yet been sent to the President for signature despite bicam approval last March.”

Sources blamed the Office of the Solicitor General. It belatedly questioned the constitutionality of the proviso on internal and archipelagic waters, they said. That’s strange, because the Senate and House consulted OSG lawyers every step of the way.

Queried, Solicitor General Menardo Guevarra texted: “I’m not at liberty to comment on the bill. Final version is pending with Congress.”

Marcos is raring to sign the Philippine MZA, he told the Shangri-La Dialogue on global security, Singapore, May 31st. That will have to wait ‘til after his July 22nd State of the Nation.

The MZA rankles Beijing. It bad mouthed the bill for months. On April 21st the China Communist Party English-language organ Global Times lengthily quoted ex-president Duterte’s spokesman Harry Roque bashing the MZA.

In December 2021 then-Senate president Tito Sotto urged Malacañang to certify the bill as urgent. Pro-Beijing, Duterte declined.

A Philippine MZA will blunt China’s expansionism. Other Asia-Pacific states might follow suit. Only 22 states are archipelagic. [Emphases mine]

We must do whatever the enemy doesn’t want. “A great soldier fights on his own terms,” Sun Tzu also said.

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Catch Sapol radio show, Saturdays, 8 to 10 a.m., dwIZ (882-AM). Follow me on Facebook: https://tinyurl.com/Jarius-Bondoc