Judgment victory for all–Aquino

Former President Benigno Aquino III.
INQUIRER FILE PHOTO/ JOAN BONDOC

Former President Benigno Aquino III on Wednesday said the ruling of the Permanent Court of Arbitration (PCA) on the Philippines’ case against China should be viewed as a “victory” not only for the country but also for the world as it brought “clarity” on how nations should engage with one another in the South China Sea based on the rule of law.

Aquino was the chief architect of the Philippines’ foreign policy position that led to the petition seeking to clarify the maritime boundaries in the South China Sea, as China’s expansionism reached the country’s 370-kilometer exclusive economic zone in the West Philippine Sea.

“At this point, may I suggest that instead of viewing this decision as a victory of one party over another, the best way to look at this judgment is that it is a victory for all,” he said. “The clarity rendered now establishes better conditions that enable countries to engage each other, bearing in mind their duties and rights within a context that espouses equality and amity.”

“Let us bear in mind: Where there is conflict over claims and opinions, cooperation cannot exist. Now that the rules are even clearer, we can all move forward as a global community. Without doubt, this long-running dispute is now closer to having a permanent solution,” he said.

Issued at home

Filipinos celebrated the landmark ruling almost the moment they downloaded it from the PCA website on Tuesday afternoon, showing their euphoria on social media, while some personalities issued statements.

Aquino took his time in issuing his own reaction.

With his lean staff at his home on Times Street in Quezon City, the former President read line by line the 11-page press release and summary issued by the PCA. The 499-page ruling was also printed out for him.

He and his team double-checked facts and details and went through at most three drafts before finalizing his statement. The result was a carefully crafted three-page, nine-paragraph statement that reflected magnanimity and statesmanship.

“I am, of course, quite elated particularly since all the points we had raised were affirmed. We want to thank the Permanent Court of Arbitration for their fair judgment, and we would also like to extend our gratitude for the clarity with which they presented their ruling,” Aquino said.

The former President said “international law has been made clearer with this monumental decision.”

“This, of course, deals with the Philippines and China, clarifying each state’s rights and obligations; but as our lead counsel said, it also has very strong implications as far as other coastal states are concerned, with regard to Unclos (United Nations Convention on the Law of the Sea),” he added.

Aquino said the “decision to pursue arbitration was not an easy one to make.”

Game changer

“Going into arbitration was called a game changer. We foresaw and experienced the pressures in taking this route; yet until the end, we stood our ground,” he said.

He reminded his countrymen that “the disputes in the Sea Known by Many Names have gone on for decades—from our perspective, stretching as far back as the 1970s.”

“These conflicts have come about, primarily because of the differing opinions on each country’s rights and obligations,” he said, adding: “To this end, I would ask our countrymen and all people of goodwill to read the press release and summary issued by the tribunal, to gain a full understanding of the issues involved.”

Code of conduct

Aquino tenaciously brought up the issue at the regional and international forum he attended when he was President.

At every Association of Southeast Asian Nations (Asean) special and regular summits, he pushed for the passage of a binding Code of Conduct in the South China Sea between the 10-nation regional bloc and China to allow smaller claimant-nations like the Philippines to protect their interests in the disputed Spratly islands.

However, Aquino stepped down from office on June 30 with Asean and China nowhere closer to achieving the goal of the document.

His campaign to seek clarity in the Philippines’ maritime rights in the Spratly islands, where nations have overlapping claims, began when the Philippines and China engaged in a standoff at the disputed Panatag (Scarborough) Shoal, a rich fishing ground, in April 2012.

Freedom of navigation

The United States brokered an agreement for the navies of the Philippines and China to pull out. While the Philippines followed, China did not, staying on the shoal until they took effective control and drove away Filipino fishermen.

This prompted Aquino and his administration to file the petition against China in the PCA in January 2013.

In November 2012, at the 9th Asian-Europe Meeting in Vientiane, Laos, Aquino raised the issue of peace and freedom of navigation in the South China Sea, and highlighted its importance in global trade. He said the South China Sea was a “priority issue not only for the Philippines and the region, but also for the wider international community.”

Later that month, he disputed the statement of the then Asean chair, Cambodia, that the regional bloc had agreed not to “internationalize” the dispute with China.

A statement released by the Philippine government at that time in explaining Aquino’s dissent said that “while the Philippines was for Asean unity, it has the inherent right to defend its national interest when deemed necessary.”

On Wednesday, Aquino said that in pursuing the petition, his administration included all branches of government.

He said consultations were done with the Senate represented by then Senate President Juan Ponce Enrile and later by Sen. Franklin Drilon, as well as the House of Representatives led by Speaker Feliciano Belmonte Jr.

“Former Presidents Fidel V. Ramos and Joseph Estrada were unequivocal in their support. We also invited the judiciary, which at that time, due to prudence on handling cases related to the matter, had to decline,” Aquino said.

He expressed his gratitude “to all our countrymen and partners who have worked hard to defend our shared cause.”

Specifically, he mentioned former Foreign Secretary Albert del Rosario, former Executive Secretary Paquito N. Ochoa Jr., former Defense Secretary Voltaire Gazmin, former Justice Secretary Leila de Lima, former Solicitors General Francis Jardeleza and Florin Hilbay, Supreme Court Associate Justice Antonio Carpio, Associate Justice Benjamin Caguioa, Sandiganbayan Justice Sarah Fernandez, former Undersecretary Emmanuel Bautista and Deputy Executive Secretary Menardo Guevarra, former Assistant Secretary Henry Bensurto Jr. and former Undersecretary Abigail Valte.

“We also thank the lawyers and experts who assisted our team, as led by Paul Reichler of the Washington-based law firm Foley Hoag,” Aquino said.