Highlights of the interview with Senate Majority Leader Francis 'Tol' Tolentino on ANC Headstart with Ms Karen Davila

PHILIPPINES, November 11 - Press Release
November 11, 2024

Highlights of the interview with Senate Majority Leader Francis 'Tol' Tolentino on ANC Headstart with Ms Karen Davila

Topics: Importance to Filipinos of the Philippine Maritime Zones Act (RA 12064) and the Philippine Archipelagic Sea Lanes Act (RA 12065), principally authored and sponsored by Senator Tolentino

KAREN DAVILA (KD): Congratulations, this is a landmark law. But perhaps you can explain to the ordinary Filipino what difference will it now make that the Maritime Zones Act has been signed into law? Anong kaibahan nito para sa ordinaryong Pilipino, na ito ay batas na?

MAJORITY LEADER FRANCIS 'TOL' TOLENTINO (MLFT): First, we have to read the two laws together: Maritime Zones Law and the Archipelagic Sea Lanes Law. Both would complement each other. Both would be anchored on the Philippine Constitutional provisions, as well as UNCLOS, as well as the 2016 Hague Arbitral Ruling. So, question is how It would benefit the ordinary Filipino, it would benefit us all, not just those listening, but even future generations because it would provide a measure of clarity. It would enable us to provide the metes and bounds of our seas.

We have been too focused on the western side of the archipelago, the West Philippine Sea, where there is a tension right now. So the twin laws would likewise provide attention to the Eastern Seaboard. I'm now referring to the [former] Benham Rise, Philippine Rise.

It's now known as the Talampas ng Pilipinas. So we would have to treat the whole archipelago as one. First, we will have certainty as to where our boundaries are; number two, we will have certainty for the Filipino fisherfolks, where they can fish. internal waters, territorial seas, municipal seas, and the boundaries of our contiguous zone, as well as exclusive economic zone. We will have certainty as to where we can explore natural resources, not just on the western side. I'm now referring to the Recto Bank, to the areas supposedly rich in natural gas in the West Philippine Sea, but also on the Eastern Seaboard. I'm now referring to areas beyond Casiguran, Aurora, and the area being battered by a storm right now near Isabela. So it would benefit us because, in the long run, it will address food security, as well as our energy needs, and don't forget this, address our national security needs, as well.

KD: Okay. So number one, that's a handful, but let's start with this. So number one, the West Philippine Sea, ito ay naisabatas na. Ito ang dapat itawag doon sa exclusive economic zone natin. So that's one. It is recognized in the Philippines by law. Now, I want to ask you this: China has called the Philippines ambassador to China last Friday to express their objection and dismay with these new laws. So they claim that the Maritime Zones Law, pag-usapan natin, they claim, illegally included, of course they're disputing it, that illegally includes most of China's what they call Huangyan Island and Nansha Islands, and related maritime areas in the Philippine Maritime Zones.

So pag-usapan natin, China's claim of Huangyan Island and Nansha Islands under our law, ano na ang itinawag dito?

MLFT: Yan po ay bahagi rin. Of course, we don't have to recognize likewise the nomenclatures that they say, this is the Philippine map. [shows PH map] Ito ang West Philippine Sea, ito ang Eastern Seaboard na sinasabi ko. So lahat yan ay bahagi ng jurisdiction ng Pilipinas. Kung meron po silang nasa loob na dini-dispute nila ngayon, lahat po yan ay na-invalidate noong 2016 Arbitral Ruling. And they continue to insist na kanila pa rin yan, kahit na illegally occupied ang mga islands, etc etc.

We have a provision doon sa maritime zones law na kahit illegally occupied ang islands, ito siguro ang nirereklamo nila, tayo pa rin ang may-ari noon.

Ang tinutukoy ko po ay ang West Philippine Sea, kung saan talaga yung boundaries natin. At patungkol naman dito sa Eastern Seaboard, ang Talampas ng Pilipinas, ang NAMRIA ngayon tayo ngayon, ang gobyerno ng Pilipinas ay magpapangalan doon sa underwater features na ito po ay kinilala na ng United Nations noong 2009.

So dahil po sa second law, at doon sa first law, ay maliwanag po na may mga hakbangin tayong gagawin, na kikilalanin din, dahil isu-submit natin ito sa United Nations (PMZL), at ang Archipelagic Sea Lanes naman sa International Maritime Organization (IMO), at sa ICAO, o International Civil Aeronautics Organization. It will fortify our basis for claiming exclusive jurisdiction in all of these areas.

So regardless of what China is saying, the mere fact that we were able to pass a law is a clear indication that we are now implementing the UNCLOS and the 2016 Hague Arbitral Ruling.

Eh kung binabale-wala nila ang arbitral ruling, bakit sila nagre-react ngayon kung tinuturing lang nilang 'mere scrap of paper' [ang 2016 Hague Arbitral Ruling]?

So their reaction, albeit diplomatically correct, in summoning our ambassador to the Ministry of Foreign Affairs in Beijing, is a step, likewise, of their recognizing what we have done domestically. So they're in a bind. Hindi nila maintindihan ngayon kung anong gagawin siguro.

We have to be likewise humble in this aspect, we should now make the Maritime Zones Law as an avenue for China to likewise recognize, in a diplomatic way, our metes and bounds, our boundaries, providing a new map, etc., etc., and not to treat this legislative victory as an affront. Siguro pag-usapan din. Ito yung sa amin o, ito yung tama, kinikilala ito ng ibang bansa, at kikilalanin pa ulit ito. So kung gusto n'yong pag-usapan, e di pag-usapan. So we do not have to dismiss diplomatically whatever actions they are doing on the diplomatic front right now.

KD: Why do you think did it take only now for a law to come out of the Philippines?

MLFT: It's hard, it took us a long time, eighteen years to navigate this, decades since the time of former Senator Arturo Tolentino. It's hard to understand all of these. It took me to read all over again the UNCLOS and all relative jurisdictions. Mahirap talaga ito. It took us time to carve out a special committee from the Committee on Foreign Relations, to create a Special Committee on Philippine Maritime and Admiralty Zones just to focus on this. Nagkataon lang sa akin napabagsak. Mahirap talaga ito. This is very technical, Karen, and likewise involved the participation of foreign resource persons from several academic institutions, coming from the United States and Australia, who practice. Mahirap talaga. Kaya siguro nagtagal.

KD: Okay. Now the Maritime Zones Act sets the limit of the country's maritime entitlements. Pero ang tanong: how does this change the situation in the seas, right? Will it change, for example, China's behavior? Do they need to ask permission and advice anong magbabago sa karagatan with these two new laws?

MLFT: It will clarify with certainty the geographical extent of the country's maritime zones, consistent with UNCLOS, consistent with the Magallona case in the Philippines, consistent with the 2016 Arbitral Ruling. And again, as I mentioned, it should be read together with the Archipelagic Sea Lanes Law. Dalawa yun, saan dadaan yung mga barko... So immediately, once the second law is given approval, this is the only law I've seen that needs an approval by another international organization, I'm now referring to the International Maritime Organization, immediately I think China will be exerting efforts to comply because they are likewise a maritime country, nadaan yung mga barko, they are involved in international trade. And IMO can implement sanctions if they don't comply, abide by the ASL Law. We have a provision that would even impose $1 million sa mga violator. So malaki-laki yan.

So tayo ba ang mag-iimpose? Tayo. Pero it can have a complementary sanction on the part of, it follows, of the International Maritime Organization. This is $1,200,000.

So ganoon din, ka-klaruhin ko lang, mahirap talaga maintindihan ito. Ang sea lanes, doon naman dadaan sa ibabaw yung mga eroplano, coming from overseas.

KD: Will there be a change in protocol? For example, now that there's a law, the airlines that will be passing above our sea lanes , will there be a protocol change, because of the two laws? Or not necessarily?

MLFT: When you refer to protocol, it would mean not deviating from the sea lanes. It would mean not hovering above the landmass of the Philippines. Hindi ka pwede lumipad sa ibabaw ng Bohol, ng Cebu, ng Cagayan de Oro. Doon ka lang sa Sea Lanes.

So ano yung tatlong sea lanes? Yung Sibutu, yung Celebes, at yung Balintang Channel. These are all important sea lanes. And then we can now refocus the meager resources of the Philippine Coast Guard, the Philippine Navy, to those three lanes.

So may compliance talaga yan Karen. Ang issue ngayon ay doon naman sa Philippine Rise, sa Talampas ng Pilipinas. So mayroon ng sightings noon doon ng foreign vessels, so it's now about time that we enhance our defense postures to appropriate infrastructure sa mga area na yun so we can easily monitor vessels coming from other countries.

Doon naman sa kabila, sa West Philippine Sea, this law will not instantly dilute the tension. I have to admit that. But it would again, by providing clarity, it would enable our allies, I heard that Australia already expressed support to the two laws, and the United States. It would enhance our multilateral exercises and at the same time it would put us on the map of a multilateral, I've been advocating this, scientific research exploration that would benefit the energy sector, as well. So maraming ipanganganak ito Karen, without disregarding our defense and national security posture.

KD: Okay. Alright. Now, another question would be, now that there are two laws that were signed by no less than President Marcos Jr. and this would be one of these legacies of his administration. Do you believe that it is time for the President to already start exploring the Reed Bank? Because the Reed Bank has been contentious for so long. And [former] Associate Justice Antonio Carpio said this is the litmus test of President Marcos Jr. That he starts exploring the Reed Bank with, of course, with some allies. But the point is to start doing it. Because there was a moratorium in exploring the Reed Bank to keep the peace.

MLFT: Yes, so I totally agree with you that it is about time to have that exploration, mindful of the Bayan Muna Supreme Court decision that really gave Philippine corporations, the State, 100% control in exploratory ventures. So it's about time that we tap the Reed Bank, and the other areas.

Tignan mo ito, Karen, dito lang tayo naka-focus lagi sa West eh. Pero pa tayong East, the Philippine Rise. So we do it at the same time, explore the western front, as well as the Eastern Seaboard. So I agree that we do that in conjunction with... kasi wala naman tayong mga kagamitan. Wala tayong mga drilling equipment. So do it, together with countries having the wherewithal, you have France, Total is here, you have some Indo-Pacific countries willing to help us. So why not? So that is not just probably a litmus test, but a positive implementation of these three laws. I agree, Karen.

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Topic: Importance to the Philippines of Trump's election

KAREN DAVILA (KD): You were vocally for President Donald Trump during the elections, and now he has a second term. My question, first, I'll start with this: Do you believe a Trump presidency would be good for the Philippines? Maybe we can explore several factors. Number one, let's start with the West Philippine Sea tensions. Will it be good for us?

MAJORITY LEADER FRANCIS 'TOL' TOLENTINO (MLFT): I think so. If you retrace the affirmation of an ironclad response, relative to the utilization of the Mutual Defense Treaty (MDT), it started during the Trump administration. If you recall, it was, I think, former Secretary Mike Pompeo who first utilized the phrase that the Philippines would be assisted by the United States in case of an attack. So that's one. Number two, we look at the possible -- probably, this is still a developing story -- within the next few days or few weeks, the possible appointees to the position of US Secretary of State and the Secretary of Defense. These are more or less pro-Filipino Republicans who are really immersed with what the situation is...how the situation is evolving in the West Philippine Sea.

You have Robert O'Brien, a former National Security Advisor to the Trump administration, and one of the frontliners for the Secretary of Defense position. I think Pompeo was ruled out last night. And then you have another guy, Mike Walsh, former Green Beret, who was a former visitor to the Philippines just a few months ago. Very well versed in defense and in the West Philippine Sea. And as to the State Department's position, I think I've been hearing the names of Senator Mark Rubio, who is also a frequent visitor to the Philippines and a well-respected Republican... and Senator [Bill] Hagerty. So these are all pro-Filipino, pro-Indo-Pacific legislators, coming from the Republican side, who can assuage us that the Trump administration would be pursuing a track not totally different from the current posture of making the Indo-Pacific as a region of peace -- sans aggression coming from China.

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KD: They say [the 2025 senatorial polls] is a very tight race. What do you believe is your edge over others...and you have returning colleagues as well. Clearly, this is one [the two maritime laws], right? This is landmark legislation, and you're at the forefront of this. Pero siguro, ang tatanungin ng ilan d'yan, baka hindi yan matandaan sa eleksyon, yan ang malungkot. Palagay n'yo, bakit kayo sir? Ano ang lamang n'yo po sa iba?

MLFT: Work ethic, Karen. Ayoko namang magbuhat ng sariling bangko. I think there is an iota of work ethic that should always be there. Tinanong mo, bakit ngayon lang naipasa ang mga batas na yan [Maritime Zones Law, Archipelagic Sea Lanes Law]? Maraming dapat gawin, pero the work ethic should be there.

Lahat naman may work ethic. But you've seen me as mayor of Tagaytay. You've seen Tagaytay, how it has been transformed. You've seen me work as a 24-7 MMDA chairman. Yung work ethic, yung 'bigay todo' differentiates me.

KD: Senator, anything you'd like to add before we go?

MLFT: So again, I'd like to thank those who supported -- the President and all those who believed that the Maritime Zones Law and Archipelagic Sea Lanes Law would be passed. These will still be placed under a microscope of legal and other critical minds. But again, I truly believe that these measures are two of the most significant laws we have passed in a decade. Maraming salamat, Karen.

KD: On that note, thank you so much, Senate Majority Leader Francis Tolentino.