‘Phl-US Mutual Defense Treaty not a pact to war’

President Marcos made the “right move for the country” when he decided not to invoke the country’s Mutual Defense Treaty with the US in reaction to the latest incident in the Ayungin Shoal, international maritime law expert Jay Batongbacal said yesterday.

At a news forum, Batongbacal said that while certain conditions could justify an escalation of conflict, the Philippines was right about taking a more peaceful and diplomatic approach to resolve issues within its maritime domain.

“I think what the President was trying to point out was – it was not the right time. We can’t just run to Big Brother every time we feel slighted,” Batongbacal said.

He noted that it is part of the Philippines’ obligation and responsibility to control situations so that they don’t stir further tensions or spark an armed conflict.

“Our attention is focused on Article 4 (of the MDT), armed attack. But there is Article 3, which clearly states that for any other situation, the two parties are committed to help each other address security challenges,” he said.

“That’s where response to this kind of situation is determined.” “That’s why the US and the Philippines help each other in their operations in the West Philippine Sea – and the minimum as we can see is information sharing and monitoring, surveillance. It’s clearly happening now,” Batongbacal explained.

He stressed that the defense treaty does not imply immediate call to arms whenever maritime domain conflict erupts.

Batongbacal also emphasized that the treaty is already in effect and is not a dormant agreement waiting to be activated.

“The Mutual Defense Treaty is not inactive, which can later be activated. It is already enforced between the parties,” he said.

“The problem is there is misunderstanding or misconception that when you say the MDT is triggered, then it’s time to start a war,” he said. “That’s not the concept.”