MikeLigalig.com

By Jelly F. Musico

Senate President Juan Ponce Enrile said on Friday the country can invoke the Mutual Defense Treaty (MDT) with the United States if China will attack any Philippine military vessel amid standoff at the Bajo de Masinloc or known as Panatag (Scarborough) Shoal.

“We can invoke the Mutual Defense Treaty if China will make the error of firing at us and that is under the ambit of the Mutual Defense Treaty [that] any attack on any vessel of the contracting parties within the Pacific Area is an attack on the other,” Enrile said in a public hearing conducted by the Senate committee on foreign relations.

Senator Loren Legarda, chairperson of the committee, described the suggestion of Enrile as "very loaded statement," asking the Senate President if it was his interpretation of the MDT.

”I think that is very loaded statement that the U.S. will indeed come to the rescue if we are attacked. May I ask the Senate President if that is your interpretation?” Legarda asked.

Enrile answered: “It’s not my interpretation. It is the literal wording of the Mutual Defense Treaty.”

Under Article IV of the MDT, “Each Party recognizes that an armed attack in the Pacific area on either of the parties would be dangerous to its own peace and safety and declares that it would act to meet the common dangers in accordance with its constitutional processes. Any such armed attack and all measures taken as a result thereof shall be immediately reported to the Security Council of the United Nations.”

”Desiring to declare publicly and formally their sense of unity and their common determination to defend themselves against external armed attack, so that no potential aggressor could be under the illusion that either of them stands alone in the Pacific area,” stated the MDT signed on August 30, 1951.

Enrile said that the Philippines could not ask the U.S. “to come to our aid, but if our vessels or our aircraft are attacked by any other power in the Pacific area, then we can invoke the treaty.”

If the U.S. cannot help the Philippines, Enrile said the treaty is meaningless and “better abrogate it.”

”We have to protect the interest of the country although the methodologies are different. The sovereignty over the areas must be ascertained,” Enrile said.

Enrile, however, clarified that he is supporting the position of President Benigno S. Aquino III to use diplomatic approach in resolving the standoff, which started last April 10 when Chinese vessels blocked a Philippines warship arresting eight Chinese fishing boats loaded with corals and live baby sharks at the Scarborough Shoal waters.

”The move of the Aquino administration to bring this to the international tribunal is a good move to show the world that we are peaceful-loving people and that we are not predatory state. We are simply trying to defend our state,” Enrile said.

The veteran lawmaker said legally, the Philippines has a good case “if this matter will be brought to the international forum.”

Enrile said if China will continue to refuse to settle the dispute under the ambit of the United Nations on the Law of the Seas (UNCLOS), “that means they have a weak position.”

If the situation in the Scarborough Shoal escalates, Enrile said the Philippines could not avoid internationalizing the issue.

”I’m in favor of diplomatic solution, but of course, we cannot avoid bringing this issue to our allies. They might be involved if something happens to their allies,” he said.

Enrile said that it is very important for the Philippines to have a united stand on the Scarborough Shoal issue, asking all the concerned government agencies to submit position papers that should be discussed with the lawmakers in an executive session.

”This is a national issue that requires national support to the President. There should be no deviation. There should be unanimity of all regardless of political affiliation. We must show to China that the Filipinos are one in this issue,” Enrile said.

Legarda supported the statement of Enrile as she set an executive session as well as a separate public hearing on the maritime zones and archipelagic bills when the Senate resumes session next week.

”What is important is that we resolve the Bajo de Masinloc issue in the most peaceful and comprehensive ways without compromising the territorial integrity and sovereignty of our country,” Legarda said.

”All policies should emanate from the President and we support the President in his policies and statements and yes, we are in the right direction. It is rightfully ours. We have records,” she added.

University of the Philippines College of Law professor Merlin Magallona said the government should review the position of the Philippines to settle the dispute “in a peaceful manner.”

”The intervention of the U.S. will complicate the matter. The UNCLOS has very wide dimensions by which we can settle this dispute,” Magallona said.

During the hearing, officials of the Philippine Coast Guard, headed by commodore Gilbert Rueras, suggested to construct a new lighthouse at the Scarborough Shoal.

Rueras said a lighthouse was built in the area in 1965 but disappeared somewhere in the 1990s.

”It’s a good suggestion to operationalize all our lighthouses around the country, including the lighthouse at the Bajo de Masinloc,” Legarda said.

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sakto ka suban-on. basin next time, after mailog nila ang spratly's ug scarborough, moingon na ang china nga ang whole philippines part of their territory.

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