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Arbitral ruling on SCS dispute already part of PHL law — lawmaker

Arbitral ruling on SCS dispute already part of PHL law — lawmaker – BusinessWorld Online


      
      
      
      
      








AN AERIAL VIEW shows the BRP Sierra Madre on the contested Second Thomas Shoal, locally known as Ayungin, in the South China Sea, March 9, 2023. — REUTERS

THE PHILIPPINES’ legal victory in the 2016 South China Sea (SCS) arbitration case is embedded within the country’s Charter even if the ruling is not explicitly stated, a congressman said on Wednesday.

In a media briefing, Party-list Rep. Jose Manuel Tadeo “Chel” I. Diokno said that international laws are already part of Philippine law under the 1987 Constitution, cautioning that proposed amendments could open the door to broader, unintended changes.

“Whether Article 1 is amended or not, the arbitral ruling of the arbitral court in The Hague is already part of our law,” he said in Filipino, referring to the Permanent Court of Arbitration, based in the Netherlands.

“So if that’s our only purpose, what we see as a potential issue is that once the Constitution is opened up for amendment, other provisions might also be changed,” he added.

A lawmaker on Tuesday filed a resolution seeking to amend the Constitution to ease foreign ownership limits in key industries and reinforce the country’s territorial claims in the South China Sea.

Meanwhile, Party-list Rep. Renee Louise M. Co said that the proposed amendments to the Constitution’s provisions on national territory might be used as bait to entice support for Charter change.

“Let’s not use the West Philippine Sea issue to deceive the public into supporting Charter change,” she said in a statement in mixed English and Filipino, using the Philippines’ designation for parts of the South China Sea within its 200-nautical-mile exclusive economic zone. “This is clout chasing at its worst.” — Kenneth Christiane L. Basilio

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