MALATE, Manila — With the latest developments over Philippine territorial rights in the West Philippine Sea (WPS) and a pending debate on the issue, former Senator Francis 'Tol' Tolentino lamented the divided stand of government officials, saying it has only caused confusion and discord in the realities and legalities of the situation. situation

“Gumulo (confusing), Tolentino pointed out at a media forum which he attended with Philippine Coast Guard (PCG) spokesperson Commodore Jay Tristan Tarriela, who thanked the former member of the Senate for his factual clarification of the matter.

“I’m saddened by the lack of unified stands of our officialdom. I’m referring not just the executive but members of the legislative branch. Nakakalungkot (ito),” the ex-senator enthused as he noted that “(Philippine officials) should have been more united in discussing and promoting what we have in terms of the consequences coming from the 2015 arbitral ruling, the entitlement provided us by UNCLOS, as well as the effects of the twin laws I sponsored.” It may be recalled that Tolentino is the author of the Philippine Maritime Zones Act (Republic Act No. 12064) and the Philippine Archipelagic Sea Lanes Act (Republic Act No. 12065), which drew China’s ire.

“Nakakalungkot lang na sabihin na i-give up na natin. Nakakalungkot po iyon kasi Article 1 of the Constitution provides that the Philippine territory comprises of the blah blah blah. It cites where we have sovereignty and jurisdiction,” he stressed.

“We have sovereignty and jurisdiction over the Pagasa Island. We cannot give that up. To give that up is unconstitutional. It would require a constitutional amendment. Not even Congress, not even the Executive branch, even the military can give that up,” he added.

Tolentino stressed that the Philippine claim on the WPS is no longer an issue: “Ang pinag-uusapan po dapat natin ngayon kung papaano natin masigurado na iyong nilalaman ng West Philippine Sea ay mapunta sa kapakinabangan ng susunod na salin-lahi. Hindi na natin pinag-uusapan na i-give up na.”

He spelled out concretely that “international law is not a matter of personal opinion” and it is “anchored on jurisprudence and the law of the sea.”

“We cannot bargain or give away what is ours because (that) would be unconstitutional,” he emphasized.
Another proof that the WPS is under the Philippines’ jurisdiction, he underscored, “is the recent declaration of persona non grata of the officials of Pagasa island. This, he said, shows we have jurisdiction and that we have an administrative body and there is a functioning local government unit (LGU).

Asked about how local fishermen would better understand the implications of our jurisdiction over the disputed areas in the WPS, Tolentino asserted that there is legal basis for our claims as embodied the two laws he authored—RA 12064 and RA 12065—which clearly states the definition, determination, defense and diplomatic policies the nation and our people must uphold.