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.

***

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

 

 

Maliwanag, hindi “misunderstanding”…

Finally, a call for government to take the bull by the horns, deal boldly and decisively with China’s unprovoked attacks on our supply and repair missions to BSP Sierra Madre, among their other disgraceful depredations in our EEZ. It’s worth noting that FVR’s DILG Sec Raffy Alunan does not mention America at all, as if to say, let’s not count on them. The odds are against us, yes, but it’s about self-respect and national dignity.

The Philippines is under attack

By Rafael Alunan III

THE China Coast Guard mauled our Navy SEALs last week, who were sent in harm’s way with their hands tied. That prevented them from retaliating to “avoid escalation.” Salamabit, elite operators who are taught to fight and win, were humiliated in the process! It will embolden China all the more to escalate its attacks that have already injured our personnel and damaged our assets in our EEZ since last year. That happened alongside the BRP Sierra Madre at Ayungin Shoal. It had no protective cordon. What’s to prevent China from seizing the ship the next time around? It can be easily overpowered.

Will new rules of engagement be issued? Will a joint force be dispatched to protect our ship and shoal? Will our boys be able to defend themselves when attacked again by life-threatening weapons? Will we call for continuous maritime exercises in the area with allied forces? Will we replace the Sierra Madre, preferably with a larger one in good shape, and declare it as an EDCA base? Will we move forcefully to neutralize its POGOs, criminal syndicates, pre-positioned fifth columns and local collaborators? When will its maritime forces illegally occupying our EEZ and territorial waters be finally ejected?

The ROE should be crystal clear: Defend when attacked. Declare a 12-mile exclusion zone. If the Chinese breach it, fire warning shots to deter it. If they come closer, disable the threatening vessels. If they return fire, destroy the targets. But I worry about the fundamentals like OPSEC, strategy, doctrines, plans, communication, coordination, real-time situational awareness, decisiveness, intestinal fortitude, and crisis management. I hope this is taken constructively — our most potent weapon, the brain, is underused. We’re outthought, which is why we’re easily outmaneuvered and outfought. Our soldiers and the nation don’t deserve this.

The Chinese are gloating on their social media. “The conflict at Ren’ai Reef (Ayungin Shoal) on June 17 was a humiliation for the Philippine monkeys. The monkeys are a regular army belonging to the Philippine Navy Special Operations Group, NAVSOG. Their Instagram account calls themselves the Philippine Navy SEALs. This time, facing the Chinese Coast Guard, that is, the Chinese police force, they actually had their boats breached, their guns confiscated, and their boats seized. And seals? They are not even sea dogs.”

Let’s be clear. It’s the Chinese alone who are escalating the creeping invasion of our homeland, the occupation of our EEZ, and its attacks on our men and vessels with impunity because we choose to just stand by and show restraint. The world already knows who the aggressor is but is wondering why we haven’t moved to stop China’s humiliating abuses. We occupy the moral high ground to defend ourselves. Enough is enough. And, by the way, there’s no point in sticking to a “one China” policy when it doesn’t respect our sovereignty and sovereign rights. Bilateral relations are reciprocal, not a one-way street.

In August 2016, Chito Sta. Romana and I joined former President V. Fidel Ramos to help “break the ice” with China shortly after the favorable arbitral ruling was handed down. As the years passed, China’s treatment of the Philippines went downhill, from feigned friendship to patronizing to condescending to coercing to harming. It’s been dribbling the ball on the Code of Conduct in the South China Sea because it’s seen as running counter to its “core interest” to be the next superpower. It demands from us subservience and foolish restraint while it keeps tightening its grip. It’s time to show some teeth.

Two days after China’s law to confront and arrest trespassers came into effect on June 15, our Navy SEALs were mauled right beside the Sierra Madre. Our naïve attempts to demonstrate peaceful intentions have had no effect on China. It has successfully blurred red lines and gray zones that we’ve been slow to comprehend. The gray zone in the West Philippine Sea, especially around Ayungin, Sabina and Panatag Shoals, now has a much darker hue. China appears intent on maintaining an escalatory path because it believes that we’re likely to just gawk and protest like monkeys, nothing more.

Apart from dispatching a joint force to protect the Sierra Madre, the president should order the immediate upgrading of all existing military infrastructure and war-fighting assets. Cybersecurity and anti-espionage must ramp up. We’re badly infiltrated and compromised. China knows what we’re thinking, saying and planning. Hot transfers of vital networks, systems and equipment should be obtained from friendly countries. The National Security Council (NSC) and Legislative Executive Development Advisory Council (Ledac) must be commanded to sustain legal and funding support. We’ve run out of time. We’re at the fail-safe point, and we must get ready to defend even if the odds are against us. It’s about self-respect and national dignity.

Here are other inputs for consideration:
1. Sanitize our communities, agencies and institutions of enemy agents.
2. Upgrade the Human Security Act and all laws linked to it to global standards.
3. Legislate a War Powers Act to enable the chief executive to fully protect the country.
4. Set up an Emergency Broadcasting System.
5. Stockpile essential commodities like food, medicines, tools, spare parts, etc.
6. Firm up civil defense for the safety, security and survival of our communities.
7. Redeploy OFWs from China, Hong Kong and Macau to other countries and here at home.
8. Downgrade diplomatic relations.
9. Ban tourist travel to Chinese territories.
10. Expand local defense-related manufacturing and services.

China has triggered so much anger and distrust that there’s no hope for normalization at this point. It’s been waging war for years that has reshaped the nature of warfare to gain a strategic advantage over the West. In our case, it’s because we occupy strategic real estate and refuse to bow to its ill will. It’s time to grab the bull by the horns. Politics must take a back seat to national security and defense. Our national interest must come first. Countries whose interests converge with ours are allies. However, allies should be seen as force multipliers, not as the country’s main defenders. That responsibility is ours. [Emphasis mine]

Rafael M. Alunan III served in President Fidel V. Ramos’ Cabinet as Secretary of the Interior and Local Government. He is a trustee of the Philippine Council for Foreign Relations.

Belated Independence, Say Chiz

So the high point of the day-after was the viral vin d’honneur video clip of the First Lady in white terno taking the Senate Prez’s wine from his hand, gulping some of it down, then handing back the glass with nary a glance at Chiz, sabay turn away to be served her own glass by a waiter who enters frame from behind just then.

My first reaction was: OMG why didn’t she have her own glass?!  And then: Hmm, close ba sila ni Chiz, and Liza wants us all to know? O hindi sila close pero uhaw na uhaw na si Ma’am and she was sure Chiz wouldn’t mind?

But wait, parang this all took place pala BEFORE the President’s speech after which he asked some 80 attendees headed by the diplomatic corps to join him in ceremonial toast “to stronger bilateral relations, the good health and prosperity of all present, and the continued progress of the Philippines’ —  kung kailan, at saka lang, the drinking officially was to begin.

Kumbaga, korek me if I’m wrong, the First Lady broke protocol by imbibing, on cam yet, from someone else’s glass yet, before it was time.

What’s the harm? Well, an occultist might say the good vibes of the toast may have been somewhat diminished, as in, nausog, napangunahan kasi, knock on wood.

At the very least, it tells the world that this Mrs. Marcos is not a stickler for protocol, whatever the consequences. Whether that rubs off on the Prez or not is, of course, up to him.

Naturally the anti-Marcos trolls are having a field day, kesyo Liza helping herself to Chiz’s drink without a by-your-leave sent the message that she “owns” him (or something like that) and, even, that it was the Palace that got him elected Senate president (or something like that), and siyempre nauungkat din na he is close talaga to the Marcoses because his father was an original Marcos crony (agri sector).

Thing is, Chiz’s dad did his part for the Marcoses naman. In 2011 Sorsogon Rep. Salvador “Sonny” Escudero spearheaded the campaign to bury Marcos in Libingan ng mga Bayani and got 204 (of 284) members of Congress to sign the Resolution, which no doubt was a factor (among others) in Duterte’s decision to order the hero’s burial for Marcos soon after he was elected president in 2016.  https://globalnation.inquirer.net/148397/148397

Kumbaga, may leverage din si Chiz. And baka naman puwedeng quits-quits na, as in, bayád na, clean slate na. Because Chiz needs all the leeway he can get to make the Senate even more independent and brave than it was back in the days of SP Salonga. We want him to succeed in shepherding his colleagues toward a consensus on, and heartfelt support of, what constitutes the “common good” … “common” referring to the masses, the majority, the people, and not the Senate, or Congress, or Judiciary, or the oligarchs or plutocrats, and certainly not the Palace.

Here’s a candid comment to Rod Kapunan’s Jun15 column “Escudero fixing Senate subservience, sanity” where Chiz is hailed for, among other things, suspending construction of the new senate building in BGC.

Maximillian80: That “waiter” incident in Malacanang did not make him look good and most certainly FL who unwittingly may have forgotten that she’s in a formal event with the eyes of media and voyeurs in attendance. Excuses and damage control made matters even more ridiculous. The body language showed who’s Boss ? Can Chiz prove otherwise? For FL, just do what GMA did by saying: I AM SORRY.  https://disqus.com/by/disqus_uELSsmv3Lx/?

Kung tutuusin nga, it’s Liza who owes Chiz now, and he can be the gentleman who calls it quits just so he can truly move on and show us what the second generation is made of.

I’m not sure though about a GMA kind of I-AM-SORRY. Liza isn’t an elected official and maybe doesn’t owe us all an apology. Unless of course the diplomatic corps and our protocol officers at the Department of Foreign Affairs think she should, and dare say so.

#BagongPilipinasWalangPOGO

Caught some of Karen Davila‘s Hot Talk chat with Senate Majority Leader Francis Tolentino, the part about POGOs. Parang he tried to make it just about Alice Guo and her birth documents etc.  but Davila very deftly and deliberately got it back on track. https://www.youtube.com/watch?v=eGAP4GoeX8w

KD. Alice Guo is no longer my issue. My issue really, the real issue, is POGO. It is illegal in China and yet it is legal in the Philippines. Why?

FT.  … There was a previous congressional imprimatur to authorize PAGCOR [to issue licenses] as part of a revenue- generation scheme for the government during the pandemic. … Regulation as total ban in consideration of social moral ills would have to be weighed.…

KD. Do you support a POGO ban, or are you for legalizing, regulating.…

FT. For a ban there has got to be a transition if we consider the thousands of locals that would be affected. I’m not talking of illegal Chinese but those [locals] displaced during the pandemic who were able to acquire work, college graduates from southern Tagalog and other areas… There has got to be a transition period… In the interim where do we place them, moving forward, how do we absorb them in the labor market. … I think the current idea of some of my colleagues is that it has to be phased in, perhaps two years, three years, before a total ban…. [wow such concern for some Pinoys, totoo ba?]

KD. How many Filipinos are really employed by legal POGOs?

FT.  … They run in the thousands…  BUT whether we’re talking of 10 thousand, 12 thousand, or even of 10 Filipinos, hindi naman tayo papayag na may sampung Pilipino na in these times hindi sa kanilang kagustuhan ay mawalan ng  hanapbuhay. May mga pamllya din po yun, kahit po yun lilima, lalo na ang mga kababayan ko sa Southern Tagalog, mga kababayan ko sa Cavite…. [yeah right]

KD.  …  BUT even if POGO is legalized, along with POGO comes human trafficking, prostitution. so we talk about giving Filipinos jobs, but that’s the return. So my question is, IS IT REALLY WORTH IT? There are many Asian countries that have already banned POGO, but not the Philipppines…

FT.  Ang ayaw ko lang ay mawalan ng trabaho ang ating mga kababayan…

Naku, G. Senador, di na bumebenta, lumang tugtugin na, yang ganyang justification: may mga Pinoy na mawawalan ng trabaho. Iyan na rin ang daing ng mga taga-Zambales at Pampanga nung isasara na ang US bases. But the good Senators of the 8th Congress agreed that the welfare of the whole, the common good, is more important than the welfare of the few.

Besides, the US bases and POGOs were bad ideas to begin with.

Tama si Karen. POGOs are not worth the taxes they generate for government, kahit magkano pa yan, dahil grabeng kriminalidad at korupsyon ang kaakibat.

Nakakagulat nga na walang urgency to ban POGOs outright, given well-founded fears of Chinese sleepers, spies, moles, and pasaways likely infiltrating and influencing our communities, politics, economics, the bureaucracy, government.

Finance Sec Ralph Recto aka VATman has said he has no objection to a ban but, like Tolentino, he doesn’t think it should be rushed.

Asked whether he would bring up the issue with the Marcos administration’s economic team, Recto said he planned to advise the group “at the appropriate time” within the year.

“Today, a lot of Pogos are not really Pogos. They are doing something else but we generalize and call on all the Pogos, so that must be studied carefully. I have to consult also with the Pagcor (Philippine Amusement and Gaming Corp.) as to how much they are earning there,” he said. https://newsinfo.inquirer.net/1949500/recto-on-calls-to-ban-pogos-no-objection

Kapani-paniwala tuloy ang hinala ni Ronald Llamas, aktibistang RJ na dating political adviser ni PNoy, kung bakit patuloy ang suporta ng mga pulitiko sa POGO. Check out Politiskoop https://www.facebook.com/watch/?v=7113295538776740

BAKÂ pinondohan ng POGO … POGO politics, POGO economics. Kaya tikom ang mga bibig. … Paratíng ang eleksyon. Sigurado ako, 100 percent, papasok ang POGO money.

Makes sense. Pinondohan malamang ng POGO noong 2022 elections. Popondahan muli sa 2025 at 2028?

In fairness to Congress, there are ban-POGO bills at committee level in both Houses.

February 2024 — The House Committee on Games and Amusement, chaired by Rep. Antonio Ferrer (Cavite, 6th District), on Monday approved House Bill (HB) 5082 and House Resolution (HR) 1197, measures that seek to ban Philippine Offshore Gaming Operators (POGOs) and declaring their operations illegal. https://www.congress.gov.ph/photojournal/zoom.php?photoid=5596&key=5082

September 2023 — The Senate committee on ways and means has recommended permanently banning Philippine Offshore Gaming Operators (Pogos) in the country. Senator Win Gatchalian, chairman of the committee, said the recommendation was contained in Committee Report No. 136 filed at the Senate on Tuesday.

Ten senators signed the report.

Win Gatchalian
Ronald “Bato” dela Rosa
JV Ejercito
Pia Cayetano
Grace Poe
Raffy Tulfo
Risa Hontiveros
Loren Legarda
Joel Villanueva
Koko Pimentel
https://newsinfo.inquirer.net/1834185/senate-panel-recommends-ban-of-pogos-in-ph

Sana the 10 have not changed their minds.
And sana these 14 change theirs.

Chiz Escudero
Jinggoy Estrada
Francis Tolentino
Sonny Angara
Nancy Binay
Alan Peter Cayetano
Bong Bo
Lito Lapid
Imee Marcos
Robin Padilla
Bong Revilla
Cynthia Villar
Mark Villar
Migz Zubiri

BBM could take the initiative, announce it as urgent on SONA day, and spin it all he wants. I bet it’ll do wonders for his approval ratings.

Then again baka tabla lang, given the hymn & pledge order, but that’s another story.
#BagongPilipinasWalangPOGO