Metro Manila (CNN Philippines, August 3) — Sen. Chiz Escudero on Thursday said he suggested the filing before the Supreme Court of a petition for recognition of the foreign judgment of the arbitral tribunal in The Hague on the Philippines’ maritime dispute with China in the West Philippine Sea (WPS) so the ruling can become part of Philippine laws.
In 2016, the tribunal created under the United Nations Convention on the Law of the Sea (UNCLOS) largely ruled in favor of the Philippines in the 15 points it raised against China.
It upheld the country’s sovereign rights in areas of its exclusive economic zone and continental shelf in the West Philippine Sea that are being claimed by Beijing.
It also invalidated China’s expansive claims in the South China Sea.
Escudero said he does not agree with raising the WPS issue at the United Nations General Assembly but suggested the Office of the Solicitor General (OSG) consider his proposed option.
RELATED: Senate adopts resolution ‘strongly condemning’ China’s harassment, other incursions in WPS
“Walang ganitong uri ng aksyon kaugnay ng arbitral ruling pero merong parallel analogy ito sa Article 26 ng Family Code,” he told a media forum
[Translation: There’s no action of this kind in relation to the arbitral ruling but this has a parallel analogy in Article 26 of the Family Code.]
“Pagka ang isang Pilipino nakapangasawa ng isang dayuhan, at ‘yong dayuhan kumuha ng divorce sa kanyang bansa, pwedeng mag-apply ang Pilipino spouse ng recognition of foreign judgment kung saan yong desisyon sa ibang bansa bibigyan ng epekto at bisa sa ating bansa nang hindi na kinakailangang mag-file ng annulment dito sa Pilipinas,” he explained.
[Translation: If a Filipino marries a foreigner, and the foreigner filed for divorce in his country, the Filipino spouse can apply for recognition of foreign judgment to make the decision effective and valid in our country without filing annulment here in the Philippines.]
Using this analogy, Escudero urged the OSG to file a petition before the high court for the recognition of foreign judgment of the arbitral tribunal.
China, however, has repeatedly refused to recognize the ruling calling it “illegal, null and void.”
The senator stressed that if the Supreme Court decides to recognize the arbitral ruling, it will be part of the law of the land “at hindi ito pwedeng labagin, parang isang batas na pinasa ng Kongreso, ng sinuman [and this cannot be violated, like a measure passed by the Congress, by anyone].”
“Bakit mahalaga yon? Dahil baka mamaya magkaroon tayo ng presidente na biglang baliktarin, hindi sundin o ibang gawin kaugnay ng arbitral ruling,” he pointed out.
[Translation: Why is it important? Because maybe we might have a president who would overturn, disregard or make any action against the arbitral ruling.]
He said the definition of national territory in Article 1 of the 1987 Constitution is “generic and vague” which does not mention the WPS, but he said the country should not bother amending the constitution for that.
“Habang hindi pa natin nakukuha ‘yon (making China recognize the ruling), e di gawin natin ‘yong pwede nating gawin dito mismo sa loob ng ating bansa,” he added.
[Translation: While we are still waiting for China to recognize the ruling, we should do what we can in our country.]
Escudero said he mentioned this option to opposition Senators Koko Pimentel and Risa Hontiveros before the adoption of the Senate resolution condemning China’s continued harassment of Filipino fisherfolk and persistent incursions in the contested waters.
But he said he did not insist on including his suggestion in the list of options detailed in the resolution and was told the list is “now open, not limited, all options are open and not limited to merely the filing of resolution for approval by the UNGA.”
Escudero also said he already relayed the option to seek judicial recognition of the arbitral ruling to some officials in the Department of Foreign Affairs, but not to Secretary Enrique Manalo, and some policy advisers of the president.
