Invoking Law of the Sea on Spratlys a better option, says Enrile

MANILA, Philippines – (UPDATE) Senate President Juan Ponce Enrile clarified on Monday afternoon an earlier report quoting him as saying that the Philippines cannot invoke the Mutual Defense Treaty (MDT) with the United States in its ongoing conflict with China over the disputed Spratly islands, unless a ‘treaty area” is attacked.

Enrile said the “treaty area” he was referring to would be located within the Pacific area, which covers the coastline of Asia up to the coastline of America.

“Any attack against the forces of either the US or the Philippines in the ‘treaty area’ will mean an attack against the party to the mutual defense treaty. So we can invoke the MDT,” he said.

“Now, if there’s an attack against our naval vessels or against any of our air crafts within that air space from the coastline of the western side of the Philippines all the way to the mainland of Asia, or all the way to the coastline of the Americas, then we can invoke the MDT because that’s the treaty area,” he pointed out.

But the Senate president downplayed any chances of the Philippines invoking the MDT in the immediate future. “Not yet”, was his answer when reporters at the Senate pressed him about his views on the ongoing conflict with China.

When invoking the MDT, Enrile also said there is no need to get the approval of Congress because it is an executive function, which means that the President can just call the armed forces to defend the country.

Enrile took particular pains to point out that the Philippines would do well to invoke the Law of the Sea, through the United Nations should any country violate “our EEZ (Exclusive Economic Zone), because there is a treaty among us.”

“In the case of the disputed Spratly Islands, we could invoke the Law of the Sea,” he said.

Asked when the Philippines could invoke this law, the Senate leader said, “If they are going to explore, they are going to exploit, gather any valuable materials in the area, harvest fish in the area, we can invoke right now.”

But if anyone just passes through the islands, Enrile said “they could just notify the Philippines and other claimants of the area.”

Originally posted at 2:46 pm | Monday, June 13th, 2011