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Saturday, July 19, 2008

 

Proposed federal constitution 
includes Kalayaan in RP


The Kalayaan Islands, part of the Spratly Islands whose ownership is being claimed by several countries, are considered part of the national territory under a set of amendments to the 1987 Constitution being proposed by majority of senators, the centerpiece of which is the adoption of a federal system of government.

Senate Minority Leader Aquilino Pimentel Jr. said Friday that Joint Resolution 10, which he and 15 other senators have filed, includes a new paragraph in the Article on the National Territory that clearly asserts that the disputed Kalayaan Islands and Scarborough Shoal belong to the Philippines.

However, Pimentel said the new paragraph does not specifically mention Kalayaan Islands, Scarborough Shoal or even Sabah, which was annexed by Malaysia despite ownership claim by the Sultanate of Sulu.

The new paragraph in the Article on National Territory reads, “The national territory shall likewise include all islands occupied or claimed by the republic out of historic title, by discovery or other means recognized under international law and its exclusive economic zone as defined by the United Nations Convention on the Law of the Sea.”

Pimentel stressed the importance of asserting and pursuing the Philippine claim of sovereignty over the Kalayaan Island, Scarborough Shoal and other islets, reefs or shoals that are not clearly delineated to be within the boundaries even of existing maps of the country.

“Moreover, we have not yet drawn up the metes and bounds of our exclusive economic zone as mandated by the United Nations [UN] Convention on the Law of the Sea,” the minority leader pointed out.

The Spratly Islands in the South China Sea, believed to have vast deposits of oil, gas and other precious minerals, are being claimed by the Philippines, China, Vietnam, Taiwan, and Brunei. On the other hand, the Scarborough Shoal, which is near the Luzon island, is being claimed by the Philippines and China.

Pimentel has filed a bill, which seeks to delineate the archipelagic baselines of the Philippines which places the Kalayaan Islands and Scarborough Shoal within the baselines, meaning they are part and parcel of the national territory. This is in contrast to the stand of Malacañang that the Kalayaan Islands and Scarborough Shoal should be treated merely as a “regime of islands” to which the Philippines has a standing territorial claim.

“It should be made abundantly clear that by making our claims to the Kalayaan Islands and Scarborough Shoal, we are not going to war against China or any other country that have made similar claims on these islands and shoals,” Pimentel said.

He also said Congress should enact the law on the archipelagic baselines before the May 2009 deadline set by the UN so that the country’s claim to an expanded maritime territory would not be jeopardized or worse, forfeited.

   

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Severino O. Frayna Jr., Benjie Dela Rosa
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