Expert hails Roque on JMSU position

The timing is suspicious due to the fact that the JMSU was already allowed to lapse in 2008, though then-President Arroyo reminded the public that the language of the JMSU, was without prejudice to the filing of a protest

An expert on strategic studies hailed the position of the country’s top international law expert and Constitutionalist Atty. Harry Roque Jr. on the alleged suspicious timing of the Supreme Court declaring the Joint Maritime Seismic Understanding as unconstitutional.

Dr. Mario Ferdinand Pasion, director of Phil-BRICS Strategic Studies and the chairman of Nationalist Filipinos Against Foreign Intervention, noted the statement of Roque in urging the Office of the Solicitor General to appeal to the court to “reverse its decision that could pose serious implications on national economic interests, bilateral relations and security in the West Philippine Sea.

To note, Roque said the Supreme Court decision to nullify the JMSU is incompatible and inconsistent with the relevant provisions of United Nations Law of the Sea, the Philippines lacks sovereignty over the area covered by the JMSU, even if it falls under the country’s exclusive economic zone.

The international law expert said the country cannot enforce its Constitutional jurisdiction beyond its sovereign territory, thus, the 1987 Constitution should not apply to JMSU.

He explained the convention defines a coastal state’s sovereignty as extending beyond its land territory and internal or archipelagic waters to an adjacent belt of the sea called the territorial sea.

The territorial sea is limited to 12 nautical miles from the baseline of a coastal or archipelagic state like the Philippines and cannot exercise sovereignty over an EEZ, 200 nautical miles from the Philippine archipelagic baselines.

Roque said sovereign rights do not give the country supreme and absolute power over its EEZ but allow the Philippines to explore, exploit, conserve and manage natural resources within the zone.

The timing is suspicious due to the fact that the JMSU was already allowed to lapse in 2008, though then-President Arroyo reminded the public that the language of the JMSU, was without prejudice to the filing of a protest.

Pasion said the Philippines needs the resources in the West Philippine Sea more than China, since Malampaya is about to expire and should take a look on the offer of China of 60 percent profit sharing in favor of the Philippines.

On the other hand, the US Department of Agriculture has warned the Marcos government’s call for the importation of 22,000 metric tons of onions will benefit China.

Pasion said the importation should be about whoever can offer the most affordable at the speediest delivery time to benefit the Filipino people and the US should help supply onions at better prices.