what’s inside
OPINION
Moving Images latest chapter in a cyclical drama between the Philippine National Government and the Muslim freedom fighters of Mindanao. During the reign of former President Ferdinand Marcos, Nur Misuari and his Moro National Liberation Front (MNLF) doggedly insisted on the implementation of the 1976 Tripoli Agreement which would have granted autonomy to thirteen provinces. An ideological rift within the MNLF came to a head when Misuari expelled Hashim Salamat and his followers in 1977 for advocating independence over autonomy. By 1984, as Misuari lived in exile, Salamat’s Moro Islamic Liberation Front (MILF) was formally established. This was the first in a series of splinter groups that have broken away from Misuari and the MNLF for one reason or another. After Marcos’ ouster in 1986, Misuari returned and was rewarded with Republic Act 6734, which mandated the establishment of the Autonomous Region of Muslim Mindanao (ARMM) under then President Corazon Aquino. And so the screenplay begins. The MILF continued its insurgency operations as the MNLF prepared to mainstream. Even if the ARMM ended up with just four provinces after the 1989 plebiscite, it was still considered a victory for Misuari who was then hailed a statesman. He even deferred to others for the leadership of ARMM, opting to run for governor only after the signing of the 1996 Final Peace Agreement which theoretically ended the Moro armed struggle in Mindanao. Separate negotiations with the MILF by the administration of then President Fidel Ramos resulted in a cessation of hostilities by mid-1997. That, however, turned out to be merely a facade as the MILF resented being just a side note to the peace process and slyly pursued its agenda. Also working intently in the background was another separatist segment, the Abu Sayyaf Group (ASG) with its more fundamentalist principles, among which is its trademark kidnap-for-ransom and supposed links to Al-Qaeda. As Misuari rose to prominence, opposition swelled within his own ranks. Enter President Joseph Estrada who decided to impose his gun-slinging persona on the mischief of the MILF, declaring an all-out war that resulted in
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the capture in 2000 of Camp Abubakar, the MILF’s headquarters. After Estrada himself was overtaken by circumstances, his successor President Gloria Macapagal Arroyo declared a unilateral ceasefire and pursued negotiations with the MILF while allowing the programmed evolution of the ARMM, which gained Marawi City and Basilan in the 2001 plebiscite. Later that year, the unity talks between the MNLF and the MILF predictably broke down which laid the groundwork for Misuari’s fall from grace. Like in a local version of “Game of Thrones,” Misuari found himself stabbed in the back by his own Central Committee and extradited from Malaysia to face rebellion charges. He would eventually be acquitted in 2009, but by then, the MNLF had barely any relevance left as the Arroyo government almost exclusively dealt with the more corrupt and corruptible MILF and Abu Sayyaf Group. Eager to disassociate himself with the practices of his predecessors, President Benigno Aquino III only sat down with the MILF when it dropped its rigid stance for secession. Still, the level of insincerity and distrust from both sides were so high that it has been a virtual stalemate since 2010. In late 2012, however, the initial move was made to abolish the ARMM with the Framework Agreement on the Bangsamoro between the Aquino government and the MILF. Now fighting for political relevance, Misuari and the MNLF were forced to act. In February of this year, the MNLF singlehandedly tried to rescue local and foreign hostages being held by the ASG in Sulu. A month later, they supported the claim of Jamalul Kiram III over Sabah as the rightful Sultan of Sulu. The Aquino government distanced itself from the rescue attempt and the Sabah incursion degenerated into a fiasco. Nur Misuari and the MNLF may have crossed the line with their latest foray in Zamboanga City, but like the proverbial squeaky wheel, they have gotten everyone’s attention, and in the game that they are playing, any publicity is good publicity. At the cost of a couple of a hundred of lives, Misuari is gambling for a place at the negotiating table again. It may or may not pay off, but like the mythical Hydra, venomous heads that are cut off grow back twofold. And so the screenplay continues.
6 COVER PHOTO by Chuck Valerio
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TheRedChronicles Rm. 301 3/F St. Maur Building San Beda College Alabang School of Law 8 Don Manolo Blvd., Alabang Hills Village, Muntinlupa City Philippines
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Photo courtesy of Interaksyon.com
The weeks-long violence in Zamboanga City is but the
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Photo by Robert Lanza
Stem Cell Research and Harvesting
www.theredchronicles.org facebook.com/theredchronicles twitter.com/trcpluma
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Legal Aid Bureau awaits to become Legal Aid Center
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By Kelly Lao
Last March 5, the signing of a Memorandum of Agreement beOFFICIAL EDITORIAL BOARD Maria Josefina Alfonso Editor-in-Chief Samantha Santos Associate Editor Dugie Dela Cruz Managing Editor Anne Padilla News Editor Hayde Talorong Features Editor Stephanie Dandal Assistant Features Editor Roselle Jimeno Literary Editor Ron Esquivel Senior Photographer Laisa Aguila EIC Emeritus Kat Santiago Associate Editor Emeritus Rose Ann Reyes Literary Editor Emeritus Atty. Linda Jimeno Faculty Adviser Staff Martin Bellen Mau Betita Christine Cruz Suyen Dimanlig Joseph Franco Kelly Lao Magic Movido Angelo Murillo Vienna Parce Arianne Pascual Camille Villasin Tia Perfecto Mayan Saidamen Robert Salao Lawrence Solis Design & Layout Luvimindo Balinang Jr. Carlo June Tibayan Cartoonist Christine Banzon Photographers Kat Belarmino Sarj Mella Charmaine Pielago Benjamin Yu Web Design & Management Lailani Blancaflor Circulations Manager William Eusores Contributors Mia Batungbacal Sarah Chavez Bradly Listones Debbie Taylor
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tween the administration and student representatives from San Beda Manila and San Beda Alabang effected the establishment of the Legal Aid Bureau of San Beda College Alabang School of Law. Through the efforts of its adviser, Atty. Lauren Tanyag, and its officers – Chairman Ian Basconcillo and Vice-Chairman Miguel Justin Rigor, among others – and members, a petition for its accreditation was filed with the Office of the Bar Confidant of the Supreme Court last August 14. Upon approval, the body will then be called the Legal Aid Center (LAC) of San Beda College-Alabang. Basconcillo said that the Legal Aid Center will be a separate entity from the Legal Aid Bureau of Mendiola. He added that they are now in the final stage of drafting its constitution, by-laws, and logo, and are aiming to complete these by the end of this year.
The organization aims to strengthen its foundation by coordinating with different institutions such as the New Bilibid Prison among others. According to Basconcillo, training and workshops with guest speakers and legal experts who will conduct writing exercises, advising, trial techniques and mock court appearances will also be held this school year. He added that the activity will double as a planning and training session for the members of the LAC. The LAC will be accepting applications in the summer of 2014. Law Students with a fourth (4th) year status may apply.
San Beda Alabang Community Welcomes Freshmen and Transferees By Christine Bernadette Cruz & Natasia Anne C. Padilla
Photos by Sarj Mella
A new school year means a time of bringing new additions into the San Beda Alabang School of Law fold.
Last June 10, the Student Law Government (SLG) hosted the Freshmen Orientation to welcome the newest batch of law students. The SLG prepared a whole day’s worth of activities to acquaint the freshmen students with the school and the different personalities therein. The freshmen were oriented with the basics of surviving the study of law. They were taught how to read and digest cases. They even experienced a mock recitation before selected upperclassmen posing as professors, to get a taste of the everyday life of a regular law student. The event was also graced by the presence of Dean Ulan Sarmiento, Prefect Bruce Rivera, and the library staff, each of whom gave speeches and reminders of the different rules and regulations in the School of Law. A separate orientation, with the theme “Revive” was also conducted for the transferees last June 17 to refresh and help them adapt to their new academic home. The event started with a simple activity of getting to know one other, followed by a discussion of the rules and regulations of the school. Cyrus David and Ramon Nunez, both transferees from other law schools, delivered inspirational messages to their fellow transferees. The activities conducted for the freshmen and transferees assures these new members of the Bedan Family that the whole community is one with them in battling the daily challenges of law school.
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OCTOBER 2013
Photos by Sarj Mella
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Malacañan Palace Experience:
SBCA-SOL’s Organizations Hold Recruitment Week By Christine Erica Banzon
A Look into the Residence of the Noble Man By Maria Josefina R. Alfonso
The quiet third floor hallway of St. Maur turned into a busy avenue last August 12 – 16, as the different student organizations of the School of Law held their annual Recruitment Week.
For majority of the fourth year students who are currently tak-
Various organizations set up individual booths where students could sign up to join or inquire about the different organizations. Those who were interested in actively participating in school activities had an assortment of organizations to choose from: The Red Chronicles, San Beda Alabang International Law Society, Hotel Operations, Academic Bar Operations, School of Law Chorale, Sports Organization, Environmental Law Society, and Volunteer Corps of the School of Law Government.
ing up Political Law Review this semester, the visit inside the Malacañan Palace grounds is a first. As one of the requirements for the 5-unit subject under the helm of Commissioner Rene Sarmiento, fourth year students embarked on a tour of the Malacañan Palace last September 20. During the excursion, the students were able to take in firsthand information about the history of Malacañan and trivial tidbits about its former and current occupant. Being the symbolic seat of power of the Chief Executive and the highest official of the land, the word Malacañan was originally derived from the Tagalog phrase, “may lakan dyan,” which means, “there is a noble man there.” Another interpretation is that Malacañan came from the word “mamalakaya.” It is said that during the Spanish era, fishermen, from whom the term mamalakaya is referred to, used to catch fish in the Pasig River, specifically near the area where the Palace is currently located. The tour guide also imparted another notable and interesting information to the students regarding the difference between the
Every year, these organizations hold annual recruitment programs to provide the student body with channels for their passions, visions, and talents. The organizations aim to shape the students into well-rounded persons who excel both within and beyond the four corners of the classroom. The extra-curricular activities each organization offers are gateways to enrich the minds and creativity of its members. Photos by Bench Yu and Camille Villasin
terms Malacañang and Malacañan. He mentioned that the whole complex or the immediate vicinity surrounding the palace is called Malacañang. However, the stronghold structure itself where the President of the Philippines resides during his term of office is called the Malacañan Palace. When asked why he opted to have a field trip with his students for this subject, Commissioner Sarmiento passionately said that he wants to “expose the students to realities outside the classroom.” He wished to “connect theory and practice, and to motivate and inspire his students to study law to the maximum.” He quickly adds that, “we cannot separate the classroom from the world.” The trip proved to be a gainful experience for all the participants. Every one went home with the realization that law is in constant motion. It is not limited to the confines of the classroom, but it is in action elsewhere, for instance, in the Malacañan Palace.
SBCA-SOL Students Play Major Role in ALSA Forum 2013 By Vienna Parce
The Philippines hosted the 10th Associa-
General, led the organizing committee together with other SBCA-SOL students: former ALSA President Dino Austria as Academics Committee Head; Stephanie Dandal as Creative Committee Head; and Miguel Angala as Sponsorship & Marketing Committee Head. Isaac Gatchalian, Caselyn Ibasco, Juan Miguel Talatala, and Hayde Talorong, ALSA Forum Philip- Bejamin Yu were selected as ambassadors pines director and current ALSA Secretary- representing SBCA-SOL. tion of Law Students of Asia (ALSA) Forum from August 27 to September 2. Selected students of San Beda College Alabang – School of Law (SBCA-SOL) played a significant role as delegates and members of the organizing committee.
first two days of the academic program and the finals of the debate tournament. During the last days of the event, delegates observed a senate hearing and joined a cultural trip to Villa Escudero and Corregidor. It was yet another prestigious endeavor for our students as they proudly represented the School of Law among the different law schools in Asia.
It was the Philippines’ second time to host the ALSA Forum, since 2009. Preparations for this event had been underway since last April. A total of 116 students from Indonesia, Japan, Korea, Laos, Malaysia, Sri Lanka, Taiwan, Thailand, Czech Republic, and the Philippines joined the event. This year’s theme was: “Uniting the Voice of Asia: Defending Human Rights through Media Law,” with keynote speaker, Philippine Chief Justice Maria Lourdes Sereno.
Photos by Bench Yu and Wang Napili
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SBCA-SOL hosted the General Assembly and the Cultural Night Presentation of the delegates. De La Salle University College of Law and Ateneo Law School hosted the OCTOBER 2013
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Environmental Law Society Launched
Academics Bar Operation conducts Subject Overview Program
The Environmental Law Society (ELS), the newest organization of San
In cooperation with the Student Law Governemnt (SLG), the
The organization is a product of the efforts of its members and the influence of two well-known pillars of environmental law in the Philippines – Ambassador Amado Tolentino and Atty. Antonio Oposa, Jr. It aims to educate law students in this new field of law and to encourage them to be passionate about the environment.
The subjects included in the program were Negotiable Instruments Law, Criminal Procedure, Taxation Law 1, Civil Procedure, and Criminal Law Review.
By Arianne Joyce E. Pascual
Beda College Alabang School of Law (SBCA-SOL), formally launched last July 18. The event was held in front of the SBCA-SOL Library.
“We hope that this organization and the whole student body could take part in sparking environmental awareness,” Valerie Cruz, ELS’ Vice President for Internal Affairs, said. According to Ambassador Tolentino, the ELS should start its advocacy within the campus itself. He believes that there are a lot of projects available, but these undertakings must begin with strong publicity and promotion of the organization. He emphasized that, “popularization of Environmental Law is a tool for environmental protection” and urged the School of Law community to actively participate in this endeavor. “Make a difference, join the Environmental Law Society,” he added.
By Kelly Lao
Academic Bar Operations, conducted the Subject Overview Program last June 10 at the St. Maur’s Building. The project sought to introduce students to the different subjects that they would encounter throughout the semester.
The speakers were selected by the Academic Bar Operations from the upperclassmen. Jenny Reyes and Dane Carag spoke about the Negotiable Instruments Law. Sarj Mella went into the Rules on Criminal Procedure. Miguel Rigor tackled Taxation Law 1, while KC Red-Lock and Dianne Ngo took on the Rules on Civil Procedure. Carlos Romulo discussed Criminal Law Review with the incoming 4th year students. Having found success in the large number of attendees, the organizers of the activity are considering the possibility of conducting the activity again in the years to follow.
ELECOM Holds Special Elections By Robert Irvin Salao A special election for the positions of treasurer, 1st and 4th year batch representatives was held last August 15 at Room 62 D. Incumbent
treasurer Duke Sucgang had previously vacated the position due to health reasons, while the 1st and 4th year batch representative posts had yet to be filled. The candidates for treasurer were Ma. Asuncion Christina Lourdes Herrera, Archie Serrano, and Enrico Esguerra. Running for 1st year batch representative were Arthur Angelo Ang from 1S, Hannah Hazel Agapay from 1B, and Francisco Gusi from 1D. Enrico Esguerra and Arthur Angelo Ang were elected as treasurer and 1st year batch representative, respectively. The sole aspirant for the position of 4th year batch representative, Bradley Listones, secured the post. The new officers are now among the current roster of Student Council Officers for school year 2013-2014. 1st YEAR BATCH REPRESENTATIVE NO. OF VOTES ANG 52 AGAPAY 31 GUSI 11 ABSTAIN 9 4TH YEAR BATCH REPRESENTATIVE: NO. OF VOTES LISTONES 75 ABSTAIN 14 TREASURER: NO. OF VOTES ESGUERRA 166 HERRERA 150 SERRANO 118 ABSTAIN 6
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OCTOBER 2013
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BACK-to-BACK SEND-OFF/ ROBING:
A Red and White Celebration By Christine Bernadette Cruz Photos by
Send-Off Party
After the Robing Ceremony, the students, graduates and professors proceeded to the back of the St. Maur building for the send-off, where the SBCA pep squad greeted the 2014 barristers with a cheer dance routine. Dinner for the faculty and barristers, hosted by the Student Law Government, followed at The Palms Country Club Alabang. At the dinner, our professors expressed their faith in the latest batch of bar candidates. Atty. Melanie Bacani Trinidad inspired the barristers as she offered tips in taking the bar. Our beloved dean, Atty. Ulan Sarmiento, closed the gathering with an encouraging message to the barristers: “Nothing could stop you from passing the bar. You only need to have FAITH.”
Last September 18, the SBCA-SOL community gathered once again to celebrate two significant events in a Bedan law student’s life. A grand
festivity was held to formally welcome the new students as they donned their red regalia, and to bid our graduates farewell as they geared up for the upcoming bar examinations.
Regalia: Symbol of Legacy and Loyalty
The robing ceremony commenced with a Mass celebrated by Rev. Fr. Anselm Manalastas, OSB at the St. Benedict Chapel. The community welcomed more than two hundred new students and transferees as they put on their red regalia for the first time. It has been a tradition for the students of SBCA-SOL to be robed with their academic gown at the beginning of their law school battle. This event happens annually at the start of the academic year. In his speech, Atty. Bruce Rivera shared that most Philippine universities and colleges would confer the regalia, hood, and cap upon graduation. SBCA-SOL, however, has adopted the practice of American universities of requiring their students to wear the robe at every institutional assembly as a symbol of legacy and loyalty to their school. 10
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OPINION
EDITORIAL
Legal basis in the Sabah claim ISabah t has been half a year since the followers of the Sultan of Sulu sailed to to reclaim it. Little has been said about how the Sultan’s men are faring
Cartoon by Bradly Listones
in Malaysia except that they are now under trial for alleged acts of terrorism. There has been scarce report about the atrocities committed against them and other Filipino Muslims living in Sabah although one news item remains vivid in my mind. This was about the menfolk being ordered to run for their lives and while they ran, they were shot at the back. One can only wonder: what is the Philippine government’s stand on the Sultanate’s claim? Does the Philippines have basis in history and in international law for claiming Sabah? The booklet titled “The Facts about Sabah and the Royal Sultanate of Sulu and North Borneo” written by Prof. Emmanuel Yap, founder of the People’s Patriotic Movement, provides answers to these and other questions. How did the Sultan of Sulu acquire sovereignty and ownership over North Borneo (Sabah)? In the early 17th century, the Sultan of Brunei ceded North Borneo to the Sultan of Sulu for having helped him quell a rebellion. Since then, the Sultan became the effective and legal sovereign over Sabah and the Sulu archipelago. The historical ties between Sabah and Sulu are so close that in fact, a former Chief Ministry of Sabah served as one our guerrilla leaders in Sulu during the resistance movement in the last war. How close is Sabah to the Philippines and to the Malaysian capital of Kuala Lumpur? The nearest distance from the Philippine boundary to Sabah is 18 miles which is nearer than the distance from Manila to Malolos. On the other hand, Sabah is a thousand miles away from Kula Lumpur and is not connected by any land mass to the Malayan peninsula. Why is the territory now in the possession of Malaysia? In 1878, as evidenced by a lease contract, the Sultan of Sulu leased the territory to Australian Gustavus Baron de Overbeck who, together with his British partner, Alfred Dent, paid the rentals to the Sultan. When they ran out of money they organized the British North Borneo Company which continued to pay the rentals until 1946. The agreed annual rentals was initially 5,000 Mexican dollars and/or British pounds but increased to 5,300 in 1903. Then on July 14, 1946, just after the Philippines had gained its independence from the US, Britain annexed Sabah as part of its dominion. Still, Britain continued to pay the rentals to the Sultanate. In 1963, the British government turned over Sabah to Malaya to become part of the new Federation of Malaysia. Since 1963 the Malaysian government through its embassy in Manila has been the one paying rentals to the Sultanate. Why does Malaysia say that what it has been paying is not rentals but cession money? The lease contract of 1878 between the Sultan of Sulu and Overbeck was in the Malay language but written in Arabic. The contract was called in Arabic as “Padjak” which means lease and described in contemporary Spanish documents as “Arrendamiento” which also means lease. This document has been translated by a Dutch scholar, an American scholar and by Spanish scholars. All these authoritative translations translated “Padjak” as lease. The British, on the other hand, simply referred to it as cession. Was there any subsequent acknowledgement of the Sultan’s continuing sovereignty in Sabah by the British North Borneo Company? Yes. In 1903, the British North Borneo Company asked the Sultan to execute a confirmatory deed to confirm the lease agreement in consideration of the increase in rentals beginning that year. When the British government annexed Sabah in 1946 did it not acquire sovereignty over it as against the Sultan of Sulu and consequently, the Philippines? No, because it acquired Sabah from the British North Borneo Company which did not exercise sovereignty over the territory. Britain could not have acquired a better right than the company which was only a lessee. Therefore, it had no power to give (to Malaysia) what it did not own. Thus, Malaysia did not acquire sovereignty over Sabah either. Does the Philippine government have a right of dominion over the territory and therefore, a duty to lay a claim? Yes. A series of acts and transactions created the cumulative effect of transferring dominion and sovereignty to the Philippine government. In 1962, a formal instrument of transfer of sov-
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ereignty was executed by the Sultanate in favor of the Republic of the Philippines. However, a proviso in the 1962 document states that “Should the Republic of the Philippines fail to recover North Borneo (Sabah), after exhausting all peaceful means, this transfer document shall, ipso facto, become null and void and the Sultan of Sulu shall be free to assert his sovereignty over North Borneo by other means available to all sovereign claimants.” So, has the Philippines laid claim on Sabah? Yes. On September 4, 1950, when the Federation of Malaysia was not yet existent, the Philippines advised the British government that a dispute over North Borneo existed. This position was reiterated by the Department of Foreign Affairs to the British Embassy on 22 June 1962. Then on 12 September 1962, the Philippines sought the holding of talks with the United Kingdom regarding the dispute. This led to the holding of a Ministerial Conference in London in 1963. The then Federation of Malaya recognized that there was an Aide Memoire dated August 2, 1962 from the Foreign Affairs of the Philippines which reminded the Federation of Malaya that “Britain occupies the territory by the terms of the lease which, in no way, entitles the British government to claim ownership or sovereignty over the territory or to transfer it to any entity whatsoever.” The Federation of Malaya acknowledged this Aide Memoire by also handing an Aide Memoire to the Philippine Ambassador in Kuala Lumpur on October 3, 1962 stating that the government of the Federation of Malaya and the British government agreed that they would work towards a formal agreement for the transfer of the North Borneo territory) to the Federation of Malaysia. No such formal agreement was ever reached. Yet, Britain proceeded to include Sabah among the territories it transferred to Malaysia. Did not the Philippines object to the formation of the Federation of Malaysia on September 16, 1963 which included Sabah? Yes, it did, together with Indonesia which, in turn, was claiming Sarawak. Thus, then Malaysian Prime Minister Tunku Abdul Rahman, Indonesian President Soekarno and Philippine President Diosdado Macapagal met in Manila in August 1963. The Manila Accord of 1963 was signed where Malaysia agreed that the inclusion of Sabah in its Federation would not prejudice the Philippine claim. Malaysia acknowledged the right of the Philippines to pursue its claim in accordance with international laws and the United Nations principles of pacific settlement of disputes. In 1964, two rounds of talks between Malaysia, the Philippines and Indonesia (known as the Maphilindo talks) were held. What happened in the Maphilindo talks in Bangkok? The talks failed because Malaysia unilaterally rejected the Philippine claim to Sabah and then terminated the talks. In so doing, it arrogated unto itself the power of a judge while being a contending party in the dispute. How significant are the meetings in London and in Bangkok to the Philippine claim? The London foreign ministers’ meeting was significant in that it gave the Philippine claim the status of a legitimate international dispute. On the other hand, the Maphilindo agreement to meet in Bangkok pursuant to the Manila Accord was significant in that it contained a reservation agreed upon by the Philippines, Malaysia and Indonesia that the formation of Malaysia would not prejudice the unresolved Philippine claim over North Borneo (Sabah). All three countries also agreed to settle the dispute by peaceful means such as arbitration. In effect, therefore, Malaysia accepted the existence of the legitimacy of the Philippine claim to Sabah. What is the effect of Malaysia’s unilateral termination of the Maphilindo talks in Bangkok? Malaysia violated several solemn agreements. The historical records speak for themselves. Why the Philippine government is taking the stance of an un-involved observer is beyond comprehension. When the sovereignty and dominion over the territory was transferred to the Philippine government by the Sultanate in 1962--which the government accepted as shown in its many overt acts--the government took on the responsibility of reclaiming Sabah.
OCTOBER 2013
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OPINION
STUDENT CONTRIBUTOR’S CORNER
The High Price of Freedom Built with high hopes and big dreams, 25-year old Rogelio “Don-
don” Lanuza sought a promising future among the sandy dunes of the Land of Two Holy Mosque, Saudi Arabia. However, fate had something different in store for him. Now, 13 years later, his journey has brought him back to the cradle of our motherland with shattered dreams and years of waste. The plight of many Overseas Filipino Workers is one where Filipinos are tightly invested in. We share a common sense of filial relation with people based on our heritage that runs deep regardless of actual familial ties. This brought about the online campaign to fund Lanuza’s blood money worth three million Saudi Riyals or roughly 37 million pesos. The fund raising project was kick-started by the website helpdondon.com through which part of the blood money was pooled by faceless people and was highly funded by the Saudi King, giving rise to the Filipino act of bayanihan and damayan. The concept of blood money, although very foreign to us, proves to be a good defense in our arsenal against harsh penalty handed down to Filipinos working abroad, albeit costly. Through joint efforts, they can at least approximate and come close to a real chance at freedom. It is interesting to note that the pooling of money for the life of a person comes with an air of desperation. Even the title “Barya mo, Buhay ko” manifests the dire need for action. How can you not give loose change, no matter how small the amount, to save a life? Do you really expect to look at that one peso coin the same way again? This is how the Filipino concept of bayanihan or com-
munal aid works --- you give what you can to help another, and all the little efforts can make a big difference. With help from people, Filipino or foreign, here and abroad, Lanuza was freed and given a second lease on life. His successful return, however, highlights the fact that there are still other Filipino inmates currently in death row around the world awaiting the same treatment that was afforded to Lanuza. More than protecting our own defenses against territorial disputes, whether from within or without, the government has to consider that Filipinos working abroad are also interests of the state that must be protected. Arguably, the funds of the state should not be used as blood money for certain individuals while disregarding the rest. Certain ethical questions will arise at the favor afforded to one and not to all. Also, the government cannot discredit the fact that the blood money is payment for a crime or a wrong done. What is at stake here is the need for the government to be an avenue for protecting the rights of the people. Parens Patriae. In the case of Lanuza, the Government acted as a channel for furthering his cause. The people, on the other hand, actively participated in donating money for his release. In the end, a Filipino brother is back at home. He is within the arms of our nurturing Inang Bayan. Those who are still in the clutches of a foreign justice system can only hope that they be afforded the same help that was given to Lanuza. Sadly though, that hope might be as crippling as it might never come. The high price of freedom may come at a cost of despair.
“This is an excerpt from the academic paper passed by Sarah Lynn Chavez in partial fulfillment of the subect Environmental Law under Ambassador Amado Tolentino last semester. Maureen Betita, our TRC writer, edited and added some inputs to the paper. -Ed.”
Stem Cells :
Looking Back and Moving Forward by Maureen Betita & Sarah Lynn Chavez
Stem Cell Therapy (SCT) is used as a form of regenerative medicine to repair tissue and organs that were damaged due to aging,
diseases and congenital defects. SCT is usually done to treat leukemia. The most well known source of stem cells are those harvested from the bone marrow. Other sources come in the form of lipid cells extracted through liposuction, and from the blood found in the umbilical cord just after birth. The fundamental opposition on embryonic stem cell research is often based on philosophical, moral and religious beliefs. International bodies like the World Health Organization opposed a ban on cloning techniques in stem cell research; while the United Nations adopted a declaration against human cloning that may be interpreted as a prohibition on therapeutic cloning used in embryonic stem cells. Stem Cells and the Philippines It was the National Kidney and Transplant Institute that pioneered Stem Cell Transplant in the Philippines. It has been performing peripheral blood stem cell transplants since 2001. Meanwhile, St. Luke’s Medical Center made history in 2006 when it first applied stem cell technology for medical treatment to a 52-year old indigent male. The conjuctival stem cell transplant involved acquiring healthy stem cells from his remaining good eye and transplanted it to his injured eye. Known politicians and public servants like Former Senator Maceda, Senator Juan Ponce Enrile, as well as Former Presidents Joseph Estrada and Gloria Arroyo are undergoing treatment under SCT. Unfortunately, according to reports from popular broadsheets, three congressmen allegedly died from undergoing Stem Cell injection procedure. This controversy over unregulated SCT in the country, including the role of unlicensed foreign doctors, has reached Congress. Subsequently, several alleged victims of malpractice exposed themselves. House Bill 5287 House Bill 5287, also known as An Act Establishing Stem Cell Center of the Philippines and Strengthening Research on Stem Cell Technology, was passed in Congress last 2011. This was authored by Pampanga First District Representative Carmelo Lazatin. It was consolidated with two other subsequent bills by La Union Second District Representative Eufranio Eriguel and Davao del Norte First District Representative Anthony del Rosario.
Just recently, PNoy cancelled a scheduled trip for the annual Chi-
na-ASEAN Expo, after China laid down impossible conditions for the Philippines regarding current territorial disputes. Department of Foreign Affairs spokesperson Hernandez said in an interview, “The president stood firm in the defense of the country’s national interest.” The specifics of the conditions were not exposed to the public as China had requested its non-disclosure. But Hernandez stressed that they are “absolutely inimical to our national interest.” One of the conditions that was set out was to withdraw the territorial disputes over the islands in the South China Sea, which the Philippines brought before the arbitral tribunal under the United Nations Convention on the Law of the Sea (UNCLOS). China declared that allowing Pnoy to visit China, after having filed a case, would incite negative reactions from its people. China even said that initiating arbitration is an unfriendly act. With this statement, China implies that it is the Philippines who first destroyed the good relationship between both parties, when in fact, they were the ones who started claiming islands that are part of our territory. In the scientific sense, every form of life in this world has to play distinctive roles in order to maintain balance in the ecology. In playing such roles, every specie is also bound to observe limitations. When a class of specie tries to dominate the territory of another 14
class, it is a natural and logical reaction that the latter will try to prevent the former from taking what is theirs. For instance, you cannot expect a pride of lions to just succumb to the threats of a troop of apes, when the latter insists on invading the former’s kingdom. The lions cannot just let the apes dominate them as they also need to survive. It would mean total chaos to the balance of ecology if a class of greedy species will rule over another distinctive class. In the language of love, it is just as simple as, “I will not give up without putting a good fight!” When a treacherous mistress tries to steal the love your life, will you just easily let go? Or will you do everything in your power to, at least, have a fighting chance? A Filipino’s love for its country is one that is so strong and invincible, that it was able to overcome centuries of attempted aggressive domination from other powerful nations. Many have given up their lives to fight for its freedom and independence. Let history remind us that, even though other nations think we are less, we have the most powerful weapon to triumph over invading threats-- “Pagmamahal sa Inang Bayan.” China said that bringing territorial disputes before the UNCLOS arbitral tribunal is an unfriendly act. “Paano mo matatawag na kaibigan ang siyang inaangkin ang kung ano ang totoong sa’yo?”
THE RED CHRONICLES VOL. 7 NO. 1
While the consolidated house bills established a Stem Cell Center under the Department of Health, House Bill 5287 further placed the Center under a “Medical Director” appointed by the President. Meanwhile, House Bill 63 provided for a better organization by creating a Stem Cell Board composed of the Executive Secretary, the Health Secretary, the Secretary of Science and Technology, and practitioners from the public and private sector, to be appointed by the President. Furthermore, it was provided in House Bill 63 that, “the appropriations will come out of any appropriated funds in the National Treasury.” On the other hand, under House Bill 5287, it was stated that, “the appropriations shall be taken from the current appropriations of the Department of Health.” DOH Regulates The demand and growing popularity of the benefits of Stem Cell Therapy lead to the release by the Department of Health of Administrative Order No. 2013-0012, last March 18, 2013. This provides for the rules and regulations governing the accreditation of health facilities engaged in human stem cell and cell-based or cellular therapies in the Philippines. Under the regulations, stem cell therapies can be performed only in health facilities accredited by the Department of Health. It also prohibits and restricts certain types of stem cell preparations and therapies. These prohibitions cover plant and animal- derived stem cells, which are usually taken from sheeps or rabbits. The certificate of accreditation of a health facility is valid for a period of three years. The Administrarive Order aims to defeat the proliferation of grey market STC reportedly practiced in non-medical facilities. While our lawmakers have thought that “the benefits of stem cell are overwhelming to simply be ignored by the government,” it is unfathomable how the authors failed to furnish teeth on these laws they seek to enact. House Bill 63, for instance, prohibits the creation and use of a human embryo for research purposes but did not provide sanctions to violators. The lawmakers have also failed to consider that most STC treatments still remain in its research and clinical trial stages; and patients who opt to undergo the trials should be disjointed from exorbitant charges. Despite the promising benefits which the STC presents, our leaders’ vision must pave a good path to this noble dream, for the end does not always justify the means. OCTOBER 2013
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COVER STORY
Protecting Philippine Interests and the Visiting Forces Agreement: An Interview with Former President Fidel V. Ramos
Words By Lawrence Solis Photos by Chuck Valerio and Ron Esquivel
P
olitics runs in Fidel V. Ramos’ blood. His father, Narciso Ramos, was a lawyer and a Congressman; and his mother, Angela Valdez-Ramos, was an educator related to the famous Valdez clan of Ilocos. His militaristic style of governance stemmed from his education at the United States Military Academy at West Point where he graduated in 1950. Soon after, he fought in the Korean and Vietnam wars. He was awarded the Philippine Legion of Honor and countless other honorable distinctions inside and outside the Philippines.
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Article XVIII, Section 25 of the 1987 Constitution clearly expresses that, “After the expiration in 1991 of the Agreement between the Philippines and the United States of America concerning Military Bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires….”
In the first general elections under the 1987 Constitution, Fidel V. Ramos was proclaimed president in 1992. During his tenure in Malacanang as successor to post-EDSA People Power President, Corazon Aquino, Ramos faced a number of challenges ranging from the power crisis, communist and military insurgencies, to the Asian financial crisis. Despite the difficulties, FVR stood strong and resolute. He spearheaded the creation of the Visiting Forces Agreement (VFA) while managing the economic growth and stability of the Philippines. He also founded the Ramos Peace and Development Foundation (RPDEV), which aimed for a better Philippines and established mutual security and regional cooperation within the Asian region. Even before its inception in 1997, The VFA had been a source of controversy between the Philippines and the United States of America. A good number of cases were filed questioning its validity and effectivity, two of which infamously involve Lance Corporal Daniel Smith, and recently, the trespass and destruction of some areas of Tubbataha Reef. At present, a re-negotiation has been initiated for another VFA, much to the chagrin of critics. In 1991, US forces were ejected from the country through a close 12-11 vote of the Senate and Article XVIII, Section 25 of the 1987 Constitution. The provision states that “foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting State.”
“There is no need to fight within religions, even between different ideologies, cultural backgrounds or historical origins. This tiny planet of seven billion, have to coalesce unity of purpose, solidarity in value and team work and nation building.”
During the term of President Fidel V. Ramos, his administration eagerly pushed for the creation of an agreement that would help sustain peace and prosperity in the ASEAN region. At that time, almost all Asian nations faced financial crises - economies were on the slide and people grew desperate. China, Asia’s financial juggernaut, looked to bolster its resources by targeting the small islands in the South China Sea. In response to this threat of invasion against our resources, the Philippines sought the help of Uncle Sam to act as a barrier against the Chinese; thus, the VFA was born.
A silhouette of former President Ramos is seen in the photo as he shows The Red Chronicles staff around his office.
“My successor treated it like it was a treaty and submitted it to the senate for confirmation, and the senate confirmed. It then became much more difficult to amend, reform, improve or enhance.” In relation to this, the decision of the Supreme Court (SC) in Nicolas v. Romulo (2009), based on the earlier case of BAYAN v. Zamora (2000), supported the argument that the VFA was in fact a treaty. According to the SC, the VFA was a validly ratified agreement or treaty between the Philippines and the US even though the latter had neither introduced the VFA to their Senate nor ratified it by a process required by the government. The Case-Zablocki Act, which the SC relied on to support its ruling, provides that any international agreement other than a treaty shall be submitted, not to the US Senate, but to the US Congress within 60 days from ratification. It is for this reason that the US has certified that it recognizes the VFA as a binding international agreement, and substantially complies with the requirements of Article XVIII, Section 25 of the Constitution. However, Senior Associate Justice Antonio Carpio believes that the VFA is not enforceable in the Philippines and not equally binding on the US. “The Philippines had validly ratified the VFA into the laws of the land by introducing it in our Congress and accepting it as enforceable. But the US did not reciprocate as by the use of the Case-Zablocki Act, which applies only to ‘any international agreement, other than a treaty’, classifies the VFA only as an executive agreement.” 18
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On this note, Justice Carpio declares, “That in lieu that the US had not provided for any implementing legislations for the enforcement of the VFA or the lack of terms to make the VFA self-executing renders it unenforceable. Consequently, the VFA, as an executive agreement, cannot depend for its legal efficacy on the MDT because the MDT itself, under Medellin, is not binding and enforceable under U.S. domestic law.” “This means that although the Philippines had completely complied with its part on the VFA, the US merely recognises it as an executive agreement because the CaseZablocki Act did not comply with the VFA’s ratification, therefore it should not be enforceable.”
If we have the “most powerful
“An agreement is based on a treaty, and the treaty I’m talking about is the Mutual Defense Treaty (MDT) of 1951, confirmed by the US senate at that time in 1953 from which the VFA, an executive agreement between ministers and ambassadors of the executive branch emanates.” The agreement generated much controversy, as the ousting of US forces in 1991 had apparently been rendered a waste of deliberations. Ramos, who was among the proponents of the VFA, says that it was originally intended as an executive agreement between the US and the Philippines, and not a treaty as it is considered now.
The case of Medellin v. Texas, decided by the US Supreme Court in 2008, decrees that while treaties may comprise of international commitments, they are not domestic laws. The US Congress must either enact implementing statutes or the treaty itself must convey an intention that it be selfexecuting and is ratified on these terms. The MDT provides in Article VII that this treaty shall be ratified by the Republic of the Philippines and the United States of America in accordance with their respective constitutional processes and will come into force when instruments of ratification thereof have been exchanged by them in Manila.
Therefore, in theory, if the VFA is to be applied as an executive agreement, it creates a mandatory obligation for the Philippines to comply, which may not be reciprocated by the US because of the lack of recognition from the US Congress to enact any legislation for this purpose. This asymmetry on application of the agreement askew in favor of the US may lead to similar injustices like Subic and Tubbataha.
weapon, education, this leads to cultural understanding. Then we can appreciate each other’s religion.
- - Now at 85, Fidel V. Ramos is still as spirited as he was in his youth, even challenging the writers of The Red Chronicles to do sit-ups and push-ups with him during the interview. He attributes his longevity to the discipline and hardwork he learned in the military, as well as to his clean and healthy lifestyle. He is, to this day, still a very influential political figure in the country.
”
“Sino bang kalaban natin ngayon? China? Indonesia? North Korea? Russia? Ang kalaban natin climate change or environmental abuse.” Former President Ramos holding a copy of The Red Chronicles’ Environmental Issue.
Thumbs Up. President Ramos with The Red Chronicles Staff. OCTOBER 2013
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COVER STORY
Advocating the Defense of the
Philippine Maritime Territory: An Interview with Supreme Court Senior Associate Justice Antonio Carpio Words By Ramayana Saidamen Photos by Chuck Valerio and Ron Esquivel
M
uch has been said about the Philippines’ maritime dispute with China regarding the West Philippine Sea (WPS) issue. But of all the articles published on paper and on the Internet, the recent speech delivered by Supreme Court Associate Justice Antonio T. Carpio before the Philippine Bar Association last August 29 entitled, “The Rule of Law in the West Philippine Sea Dispute,” is by far the most comprehensive and persuasive argument on the need to submit the maritime dispute before the international arena. The Red Chronicles had the privilege to interview Justice Carpio himself about the WPS, his interest on international maritime laws and his take on the Visiting Forces Agreement (VFA). 20
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A former U.P. College of Law Professor, Justice Carpio looked the part in his white barong and black pants ensemble to match his smart-elegant composure. His neat and orderly office showed a glimpse of his passion for continuous learning and his hobby for sailing and sharp-shooting. Praised by his former students for his clarity of thought and solution-oriented approach, Justice Carpio provided valuable insight on the issues encountered by the Philippines regarding national defense. In previous years, China has made claim to virtually all of the WPS by basing its assertion on a nine–dash line map, which alleged its historic right. It has supported this claim by flexing its superior naval power against other claimants, namely the Philippines, Vietnam, Malaysia, Brunei and Indonesia. However, China’s ninedash line claim runs contrary to the United Nations Convention on the Law of the Seas (UNCLOS), an international treaty made in 1982, which was ratified by the Philippines in 1984 and by China in 1996. On an Asian map, Justice Carpio indicated the Philippines and her neighbors’ maritime entitlements to the 200 nautical miles Exclusive Economic Zone (EEZ) under the UNCLOS, without overlap in boundaries. He then showed China’s nine-dash line claim and how it violated the Philippines’ EEZ and Exclusive Continental Shelf (ECS), noting that, “When UNCLOS took effect, all historical claims are extinguished by agreement of the nations...” Naval stand-offs between the Philippines and China have taken place - once in 1995 over the Mischief Reef and another in 2012 over the Scarborough Shoal. Both the reef and shoal have been in the Philippine map since 1899, but Justice Carpio pointed out that “only the Scarborough Shoal was specifically included in the Philippine baseline law as part of the Philippine territory.” Justice Carpio went on to list six options available to the Philippines regarding the WPS issue. One would be to send naval vessels and marines to Scarborough Shoal. However, he believed that this is not sensible, as China has a superior naval fleet compared to ours. Another is to take
Justice Carpio explains the intricacies behind the West Philippine Sea Dispute.
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the matter to the United Nations Security Council for decision; but if China is one of the Permanent Five with veto powers, then the attempt would be pointless. A third option would be to file a diplomatic protest, which he also held to be futile as China had previously ignored the Philippines’ protest regarding Mischief Reef. Another possible avenue is to ask for the help of ASEAN countries in lobbying for the withdrawal of China; he considered this option ineffectual since ASEAN countries are divided and will not take sides. Yet another course of action would be to ask help from the US by invoking the Mutual Defense Treaty (MDT), though the disputed islands, rocks & reefs are outside the MDT. Finally, he proposed that the Philippines bring the issue to the international tribunal for arbitration. The only practicable option, according to the honorable Justice, is to submit the issue to the international tribunal for arbitration - our country’s most viable and “only recourse.” Under this alternative, “the playing field will be leveled before the international tribunal, and military power would not matter because the rule of law is what would govern.” Appropriately, the Philippines filed its application for arbitration before the International Tribunal on the Law of the Seas (ITLOS) earlier this year. Justice Carpio said that the Philippines crafted its petition carefully by omitting maritime boundary delimitations to which China made reservations in 2006. It focused on four issues: first, for the UN to declare the 9-dash line as void; second, to stop Chinese incursions and unlawful activities in the disputed waters; third, to stop China from preventing Philippine vessels from exploring and exploiting the resources within; and finally, to bar Chinese constructions over the said islands and seas. Also included was a prayer that its right to maritime entitlement be proclaimed by the UN under the UNCLOS. It should be noted that decisions by the ITLOS are final and binding, and must be complied with in good faith by the parties who agreed to be bound by the compulsory dispute resolution under the UNCLOS. As there is no world police or sheriff to enforce an ITLOS decision, only the power of world opinion will give it teeth. Stating that “this is not a one-shot deal,” Justice Carpio stressed that the Philippines should prepare for a long struggle, and the first step is to secure a favorable decision from the ITLOS; afterwards, “we then evangelize to other nations to respect International Law (UNCLOS).” He also said that “China must respect customary international law if they are to be a part of cultured nations.” He asserted the need to build a minimum self-defence force sufficient to protect our territory, and to develop our relations with other countries. THE RED CHRONICLES VOL. 7 NO. 1
“ A scene during the exclusive interview.
Justice Carpio gamely poses with the TRC staff after the interview.
No nation can remain sovereign, independent and free for long without maintaining a credible self-defense force, even if international law and world opinion are on its side.
”
He said, “Nobody will defend our EEZ but us!” Justice Carpio also argued that for the VFA to be effective, it must be ratified by both the Philippine and U.S. Senates. However, “the VFA was ratified by the Philippines, but not by the U.S.“ Conclusively, it may be a law in the Philippines, but not in the U.S. Regarding the wisdom in allowing the US access to Philippine resources, Justice Carpio answered that it should be left to the executive department to decide. Touching briefly on geopolitics, he cited the power vacuum that resulted when the U.S. bases were “kicked out” from the Philippines sometime in 1991. Naturally, the next power, which at that time had been China, assumed authority; four years after, in 1995, China took over Mischief Reef. As with the WPS issue, Justice Carpio reiterated the need to build a minimum self defense force and develop alliances with other countries. An hour and a half later, still cool, composed and full of wisdom, Justice Carpio gave some parting advice for all law students – “Make the law your hobby and work. Before you understand something, look at the bigger picture. Go beyond the normal work of a lawyer. Perform your duty to your country. Evangelize and spread the rule of law.” Justice Carpio not only gave enlightenment on the WPS issue and the VFA, but also imparted invaluable lessons to law students. He is truly an admirable magistrate, noted for excellence and superior competence, and an ideal advocate for the defense of the State.
REFERENCES: -“The Rule of Law in the West Philippine Sea dispute” http://www.imoa.ph/tag/justice-antonio-t-carpio/ -Justice Carpio’s Speech Delivered to the IBP. 29 August 2013. -“The West Philippine Sea Dispute” by Atty. Rita Linda V. Jimeno -“The RP-China Territorial Dispute: Resilience Amidst the Bleak Prospect of Arbitration” OCTOBER 2013 by: Ramayana D. Saidamen and Maureen Betita
NEWSPAPER ARTICLES: -Does Tribunal have jurisdiction over PHL-China dispute (Aug 9, 2013) -PHIL protests China territorial claims (July 24, 2013) -China hits back: Phils ‘broke commitment’, ‘aggravated’ dispute (July 17, 2013) -PHL: China statement on territorial dispute ‘baseless’ (July 15, 2013)
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Of Shoals, Warships and the Middle Kingdom
Asian neighbors fear that China might stretch the malleable nine or ten-dash line. On May 9, 2012, a news anchor of a staterun TV network in China declared that the Philippines belonged to China. Although the use of the name of the country was accidental, Filipinos felt the need to defend their wounded pride as an independent nation. Sino-Philippine relations continue to disintegrate as China aggressively expands its borders into Philippine territory. Now that the Philippine Defense Department is claiming that China is illegally laying concrete blocks along the Scarborough Shoal, one must wonder: Will there be a Mischief Reef redux?
http://www.abc.net.au/news/2012-04-24/activists-demand-chinese-withdrawal-from-philippines-waters/3970572
by Stephanie Dandal and Hayde Talorong
Beijing - China is a poor storyteller. It doesn’t follow the elements of a good storyline, but it nonetheless imposes its narrative on oth-
ers. It seeks to win its imagined battles, which to them are as real as its maritime disputes. It makes no pretense of its vision to become the next superpower and surpass the United States. With its growing economic and military powers, China strongly believes that it can shift the balance of power to the East. Even Chinese President Xi Jinping’s public persona as an aggressive nationalist, reinforces this self-opinion. It will adopt whatever means necessary to fulfill the China Dream, no matter how nebulous the concept is for its own people. The core of the ideological context is the commitment of the Sleeping Dragon to national rejuvenation and the involvement of its citizens in the imminent rise of China. But to understand why China is expanding aggressively, it is essential for the recipient of aggression to understand how China sees the world. As a proud ancient civilization, China’s Anti-western sentiments is grounded on how they perceive themselves as the victims of a century of national humiliation brought about by the Opium wars, the Taiping Rebellion, and the Sino-Japanese wars.
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As the masses trade heated exchanges in the cyberworld, the Armed Forces quell urban conflict in Zamboanga City, and the Senate probes into the Napoles case, little do its citizens realize the pivotal role that the Philippines will have in containing or strengthening China. In an alternate reality where our country becomes a province of China, will the Philippines be a special administrative region like Macau and Hong Kong? Will the Bangsamoro Republic allow another usurpation of their land? Can the annexing harmonize two kinds of political culture? The location of the country strategically serves as a military stronghold, and as gateway to other neighboring countries with stable economies. With the Armed Forces of the Philippines preoccupied with the Zamboanga crisis, the Philippine Navy expanding its presence in the South China Sea, and the increased presence of US forces in the country, is there an impending war between the Middle Kingdom and the Pearl of the Orient Sea? A good number of netizens opine that should a war ensue, the Philippines would effectively be a sitting duck for Chinese forces. According to American Political scientist Joseph Nye, soft power is the ability to attract or seduce without the use of force, intimidation, violence, coercion or money as a means to persuade or acquire. It rests on three resources: culture, political values and foreign policies. Following Nye’s formula, China is a ubiquitous presence in Philippine culture. Binondo is the oldest established Chinatown in the world, Feng Shui is embedded in Catholic ritualism, and the country owes its fairly burgeoning economy to the Filipino-Chinese. The assimilation of Chinese political values and foreign policies by a country constantly being harassed for its borders is another matter worthy of study. Arguably, the crux of soft power is the behavior of the state that makes it respectable, trusted, and admired by the international community. However, this is not the case with China. Sino-Philippine relations have not improved. Vietnam remains guarded. Taiwan is still asserting its sovereignty as an independent and separate state from Mainland China. If China aims to use soft power as a means to achieve what it wants, then it needs to be critical of its behavior and the reception of the international community to effectively wield it as a viable weapon of expansion. Zhengxu Wang of the China Policy Institute at the University of Nottingham puts forward an important question in his aptly titled article: “What kind of Superpower (will) (China) be?” Judging by its foreign policies and outward actions toward its neighbors, China will most likely use its position to protect its own interest, and utilize natural resources abroad to further its economic growth. According to Wang, Beijing’s Gross Domestic Product is rising at such a rate that it will dwarf the US by 2020. Predictably,
it will use its regional influence to legitimize all of its territorial claims. China projects itself as a country with strong historical claims. China’s insistence that certain islands, rocks, and reefs form part of its territory is grounded on the theory that it has held ownership over these since ancient times. Mohan Malik of the AsiaPacific Center for Security Studies stated that overlapping territorial claims over maritime boundaries, should be resolved with a combination of “customary international law, adjudication before the International Court of Justice or the International Tribunal for the Law of the Sea; or arbitration under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS).” The irony of China’s assertion is that the bases of its arguments – its historical claims – are precisely what the UNCLOS treaty largely rejects. Unabashedly, it had even boasted to former US Secretary of State Hillary Clinton that it has “plenty of historical and jurisprudence evidence “ to back its claims. Malik further explained that as far as jurisprudence evidence is concerned, China’s claim to historic title is invalid, as historical evidence is given less persuasive value in justifying territorial claims. Even assuming arguendo that claims may be granted on the basis of history, the region’s past empires had not been marked by sovereignty. Malik said that unlike nation-states, Chinese empires were “neither carefully drawn nor policed” and control was exercised more in “circles or zones”. China assumes that it is influential enough to get away with contradicting claims, asserting that its land boundaries were never “defined nor demarcated”, while its maritime boundaries covering islands, rocks and reefs have always been clearly defined and demarcated. Put simply, it would have its neighbors believe that its land and maritime boundaries were dealt with differently. History has been written and re-written in narratives drawn around the story of imperial China. It has even lent itself to folklore and legends to bolster its territorial and maritime claims. This complex historical account is collectively known to the Chinese, as information is shared by state-controlled media and educational institutions. As noted by Philip Bowring in the South China Morning post, “the fact that China has a long record of written history does not invalidate other nations’ histories...” Stated differently, China’s historical claims are no more valid than those of other empires in Asia. Malik said that there are around six claimants to the islands, rocks and reefs in the South China Sea, thereby giving the dispute a multi-lateral slant best solved by international arbitration. However, Beijing has insisted that the disputes are bilateral, “in order to place its opponents between the anvil of its revisionist history and the hammer of its growing military power.” As Joseph Nye posits, the traditional mark of a great power is a country’s ability to prevail in war. However, in the information age, “success depends not just on whose army wins, but also on whose story wins.” This is precisely why China insists on its revisionist storytelling to establish its superior claim against other claimants. China is a poor storyteller, and convincing its neighboring countries of their version is the gripping denouement of their imagined battles.
OCTOBER 2013
25
The
PDAF Scam:
A Timeline
30 – Makati City jail warden recommends Napoles’ transfer saying he cannot provide 100% protection
By Camille J. Villasin
lump sum fund in the budget law, which allocates P 200M to each senator, and P 70M to each house representative, to be used for projects that can be chosen from a list provided by the Department of Budget and Management (DBM).
12-15 – The Philippine Daily Inquirer exposes alleged P 10B pork barrel scam being probed by the NBI. The scam was exposed after the kidnapping and the subsequent rescue of Benhur Luy, employee of Janet Lim-Napoles, the alleged mastermind of the scheme. Luy links Senators Enrile, Estrada, Revilla, Marcos, and Honasan, and 23 congressmen to the issue, revealing that ghost projects by bogus NGOs controlled by Napoles were funded by the legislators’ PDAF.
17 – Napoles denies her involvement in the alleged massive misappropriation of PDAF.
18 – Luy is placed under Witness Protection Program.
22 – Senator Estrada admits knowing Napoles “through a friend”.
August
July
The Priority Development Assistance Fund (PDAF) is a
26 – Lavish lifestyle of Napoles’ daughter, Jeane, is placed on the spotlight.
25 – Photos of Napoles “partying” with lawmakers surface were exposed.
5 – House Minority files a resolution seeking an investigation on the pork barrel scam. Senate agrees to wait for the Ombudsman, the NBI, DOJ and COA to finish their probes; and decide thereafter whether or not to conduct own investigation. DOJ Secretary De Lima confirms that she issued an Immigration Lookout Bulletin, dated July 15, 2013, targeting Napoles and her brother Jojo Lim.
7 – On the first day of House 2014 Budget deliberations, Secretary Abad says that the decision to abolish the PDAF is with Congress; but most members do not favor abolishing the PDAF. House Speaker Belmonte suggests a system of requiring the congressmen to spend their allocations exclusively in own districts. Secretary Alcala reveals Napoles-controlled NGOs were able to get almost half of the funds intended for department last year. However, they were able to monitor the non-performing NGOs, so the rest of the funds were withheld.
9 – Two more employees of Napoles come forward and join six whistleblowers.
14 – Makati RTC orders the arrest of Napoles and her brother over charges of illegal detention.
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21 – Senator Revilla raises doubts over the COA report, which found him with the highest allocations that went to Napolescontrolled NGOs.
20 – Senate decides to conduct a formal investigation, saying that the Senate Blue Ribbon Committee has found the COA report to be a sufficient basis to proceed.
19 – President Aquino reiterates refusal to abolish the pork barrel and insists that it is the process that needs changing. However, he says that there will be no release of pork barrel until investigation is over.
17 – Secretary De Lima says the passports of Napoles and brother have been cancelled. COA report reveals Senators Enrile, Estrada, and Revillas are “suki” to Napoles-controlled NGOs.
16 – CA orders freezing of more than 400 bank accounts of Napoles, members of her family, her staff and her NGOs. COA releases a special audit report on the use of PDAF from 2007 to 2009. COA declares that P 6.156B went to 82 questionable NGOs; and ten Napoles-controlled NGOs received 2.1B.
24 – Secretary Abad says that there will be no PDAF in 2015. However, 2014 projects, which lawmakers planned to fund with the PDAF, will be appropriated since the 25B PDAF is already part of the approved budget; but release will undergo a strict process.
23 – President Aquino announces plans to reform and replace the PDAF, which the public dismisses as merely renaming PDAF.
22 – Senator Escudero files a resolution abolishing PDAF.
Speaker Belmonte says NGOs will no longer be getting pork barrel allocation.
28 – President Aquino announces 10M reward for the arrest of Napoles.
29 – First day of Senate probe: COA Chairperson Tan reveals two more senators found to have misused their PDAF but does not name them. Napoles is transferred to the Makati City Jail
September 1 – Napoles is transferred to her new detention facility in Fort Sto. Domingo, Laguna.
2 – House Appropriations Committee says P25.2 billion PDAF will no longer be included in 2014 budget.
16 – First batch of complaints were filed against 38 lawmakers, government officials, and private individuals before the Ombudsman. The senators facing plunder charges are Senator Estrada, Senator Enrile and Senator Revilla. Two former lawmakers are also facing plunder charges. The others who are facing charges of either plunder, malversation of public funds, bribery, and graft and corruption are: three former congressmen, eight chiefs of staff of lawmakers, five heads and ten other officials of government corporations, Napoles and six presidents of Napoles’ NGOs. 9 - Acknowledging legitimate needs of scholars and patients funded by the PDAF, the President wants funding without violating the SC TRO. Justice Carpio rejects the argument that scholars and poor patients will suffer if the SC does not lift the TRO on the PDAF.
Napoles surrenders to President Aquino. Along with DILG Secretary Roxas, he brings Napoles to Camp Crame deciding against turning her over to the NBI.
5 – Former NABCOR official says Senators Enrile, Revilla and Estrada signed or authorized representatives to sign liquidation reports of NGOs.
14 – Photos of the Napoleses with the Estrada family during social gatherings surface.
23 – Napoles is arraigned and refuses to enter a plea. Judge Alameda enters a plea of not guilty” for her.
8 - SC sets oral arguments on DAP and does not temporarily stop the implementation of the controversial program, which realigns items in the budget without Congress’ approval. Malacañang says the DAP is not a form of pork barrel. CJ Sereno notes ‘strange’ changes in the pork barrel system, like the inclusion of NGOs and the allocation of funds to national officials.
26 – The Million People March.
27 – Secretary De Lima announces the pork barrel investigation of the Inter-Agency Anti-Graft Coordinating Council (IAAGC), composed of COA Chairperson Tan, Ombudsman Morales and herself. She says lawmakers involved could face plunder charges; and that Napoles and her brother are still in the Philippines.
9 – Senator Marcos denies involvement and says his signature in the endorsement letters was forged.
10 – The SC issues a TRO on the release of the remaining PDAF in the 2013 national budget and Malampaya Funds, particularly those which the law allows the President to use. Pictures of Senate President Drilon with Napoles in a social gathering surface were exposed.
12 – During the Senate probe, Luy reveals that under the Aquino administration, Napoles shifted dealings from government agencies to LGUs. After the DBM demanded requirements for NGO accreditations, the Napoles-controlled NGOs were forced to have actual projects. He says transactions were being audited both at agency and LGU levels and that in 2011, COA wrote Napoles regarding anomalies linked to her NGOs. 24 - Blue Ribbon Committee Chairman Guingona disagrees with Secretary De Lima and Senator Drilon over supposed attempts to block the investigation after Secretary De Lima did not allow Luy and other whistleblowers to appear.
11 – The House, with finality, decides to remove PDAF from the proposed 2.268T 2014 national budget and distributes the amount to national agencies. Photo of Jeane Napoles with the President surfaces. The President denies knowing the Napoleses and says that the picture is just one photo op with him.
25 - Senator Estrada, in his privilege speech, accuses Senator Drilon of releasing 50M discretionary funds to each senator who voted to convict Former CJ Corona, but does not answer his involvement in the pork barrel scam.
October 7 - Senior Justice Carpio says the PDAF in the 2013 budget law is “riddled with unconstitutionality.”
10 - Day 2 of SC oral arguments on the constitutionality of the pork barrel, CJ Sereno questions the role of legislators in the release and realignment of the PDAF. Solicitor General Jardeleza says there are no flaws in the laws governing the pork barrel. He posits, flaws found by the COA do not justify abolishing the PDAF. OCTOBER 2013
1 - Whistleblowers tagged former DAR Secretary Pangandaman and other DAR officials as those who facilitated the release of P900 million to Janet Lim Napoles.
11 - Palace says PDAF for the rest of the year has only been suspended; the abolition will be in 2014.
30 - Former Senator Joker Arroyo says that the 2007-2011 audit report shows that government corporations who got bulk of PDAF releases ignored COA recommendations. He further noted that the DAP is an invention of Malacañang and should have been created by law. Sources: News reports from www. rappler.com, The Philippine Daily Inquirer (www.inquirer.net), ANC News, ABS-CBN News
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