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00:00.0
Hello everyone, it's Monday, April 15 here in Manila.
00:12.6
I'm Karen Davila giving you the head start for the day.
00:15.7
Our guests for Hot Copy today.
00:17.9
First, we have Philippine Ambassador to the United States,
00:21.6
Jose Manuel Romualdez,
00:23.7
as we talk about the conclusion of the historic trilateral summit
00:28.4
between the Philippines, the United States, and Japan.
00:32.4
And later on, we have Ex-Solicitor General Francis Ardeleza.
00:37.0
We'll be talking about the controversial gentleman's agreement
00:40.8
between China and the Duterte administration.
00:45.0
First, the headlines.
00:47.8
Today's big stories.
00:49.3
The United States says it will not take part
00:52.5
in any Israeli retaliatory action against Iran
00:58.4
Of a broader regional conflict.
01:02.0
Manila working to secure the release of Filipino crewmen
01:05.6
on board a cargo ship seized by Iranian forces.
01:11.2
And President Marcos Jr. confident
01:13.8
the recently concluded trilateral summit
01:16.7
with the United States and Japan
01:19.1
will improve security in the region.
01:25.3
Israel on high alert
01:27.2
after Iran's military attack.
01:28.4
Last night was approved
01:54.4
that Iran seeks escalation.
01:58.4
Iran launched over 350 threats.
02:03.3
Ballistic missiles, cruise missiles, rockets and suicide drones
02:10.4
towards Israel and also other countries in the region
02:13.8
could have got that threat on the way.
02:16.1
Iran doesn't just pose a threat to Israel.
02:19.6
Iran poses a threat to the entire Middle East.
02:22.3
Iran, from the beginning of the war, wants only one thing.
02:27.0
To escalate Jerusalem.
02:27.8
To escalate the region.
02:29.2
Until now, she worked through her proxies.
02:32.6
But now she revealed,
02:34.3
trying to escalate the region herself.
02:37.2
The United States meanwhile warned Iran
02:43.5
it will be held responsible
02:45.6
if it takes further actions against Israel or the United States.
02:50.6
Turkish, Jordanian and Iraqi officials meanwhile said
02:55.4
Iran gave wide notice before Saturday.
02:57.2
Before Saturday's attack,
02:59.1
allowing mass casualties to be averted.
03:05.2
Now the Philippine government moving to secure
03:08.2
the release of four Filipino seafarers
03:11.0
aboard a Portuguese cargo ship
03:13.6
hijacked by Iranian forces Saturday.
03:17.2
Iran's Revolutionary Guards reportedly seized
03:21.2
the MSC Aris vessel near the Strait of Hormuz
03:25.6
for its alleged links.
03:27.2
Israel, the Philippine Migrant Workers Department,
03:30.8
assures the public the four Filipinos are safe and sound.
03:36.2
Nandun pa rin on board yung ating mga tripulante, hindi sila bumaba sa barko at sila ay safe and sound sa huling ulat.
03:47.7
Pero bagamat ganon, tayo ay humihingi pa rin ng pagkakataon na makausap sila, lalo na yung mga kamag-anak nila.
03:56.0
Ito ang isang pagkakaiba nito sa let's say sitwasyon ng Somali, Pirate o kaya mga Houthi rebels.
04:03.0
Iranian government ang nagsagawa ng pagsampas sa barko, kaya meron naman tayong diplomatic relations with Iran dahil may embahada tayo sa Tehran.
04:21.4
Now in other news, a commitment by the United States and the Philippines and Japan to further deepen maritime and security cooperation.
04:31.4
This comes at the conclusion of their landmark trilateral summit at the White House.
04:38.4
Katrina Domingo reports.
05:01.4
It will be written in the Indo-Pacific over the coming years.
05:04.8
As the three allies, three steadfast partners and three proud democracies representing a half a billion people,
05:13.1
today we commit to writing that story in the future together.
05:18.7
To building an Indo-Pacific that is free, open, prosperous and secure for all.
05:26.4
Among the initial steps to achieve this goal,
05:29.0
the conduct of more combined naval and naval forces.
05:31.4
Washington is expected to train some American, Filipino and Japanese personnel aboard a U.S. Coast Guard vessel this year,
05:39.5
while fresh drills will be held around Japan in 2025.
05:43.7
Biden also reiterated a stipulation from the Mutual Defense Treaty that the U.S. will come to the aid of its allies in the event of an armed attack.
05:51.5
The United States' defense commitments to Japan and to the Philippines are ironclad.
05:57.7
Any attack on Philippine aircraft vessels or armed forces,
06:01.4
in the South China Sea would invoke our Mutual Defense Treaty.
06:07.5
Philippine President Ferdinand Marcos adds,
06:10.2
this closer cooperation involving the three countries will help secure a safer future for the region.
06:16.0
It is a partnership born not out of convenience nor of expediency,
06:21.3
but as a natural progression of a deepening relation and robust cooperation amongst our three countries.
06:29.0
Linked by a profound respect,
06:31.4
for democracy, good governance, and the rule of law.
06:36.0
For Japanese Prime Minister Humio Kishida,
06:38.3
it is very natural for the Philippines, Japan, and the U.S. to become allies as the three countries adhere to the rule of law.
06:45.8
In the midst of compound crisis faced by the global community,
06:51.0
multi-layered cooperation between allies and like-minded countries is essential
06:56.1
if we are to maintain and bolster a free and open international order
07:00.8
based on the U.S. Constitution.
07:01.4
Today's meeting will make history as an occasion that significantly pushed forward such initiative.
07:11.6
The three allies will also launch humanitarian assistance and disaster response exercises in the future.
07:17.3
Despite this show of force from the trilateral summit,
07:20.2
China continues to insist that Manila should seek Beijing's permission
07:23.6
before bringing fresh supplies to soldiers stationed in the Ayungin Shoal.
07:27.9
The Chinese embassy in Manila for its part says,
07:31.4
Japan is not a party to the South China Sea issue
07:33.4
and is not in the position to interfere in issues between Manila and Beijing.
07:37.7
It adds, the recent tension in the South China Sea would not have occurred
07:41.3
without the U.S. egging on the Philippines.
07:44.0
On the economic front, Tokyo and Washington have agreed to help Manila build the Luzon Economic Corridor,
07:49.1
a series of development projects that will link Subic, Clark, Manila, and Batangas.
07:54.2
Japan and the U.S. will also allot some 8 million U.S. dollars
07:57.1
to establish an Open Radio Access Network, or ORAN, system,
08:00.8
which will make communication between the two countries possible.
08:01.2
It will also make communications in the Philippines more secure and reliable.
08:04.7
Efforts will also be made to boost the Philippines' safe and peaceful use of nuclear energy
08:09.1
and the semiconductor industry through the training of Filipino personnel
08:12.6
and specialty institutions in Japan and the U.S.
08:17.6
While the first trilateral summit was well-received inside the White House,
08:21.9
some groups trooped outside the U.S.'s seat of power
08:24.6
in protest of Marcus Jr.'s alleged compliance to sell the Philippines to foreigners.
08:29.9
The trilateral summit will be held in the Philippines,
08:31.2
and the summit has been described as historic and the first of its kind for the Philippines.
08:35.4
But one question still remains on how the operational details of these deals
08:40.0
would actually affect Filipinos on the ground.
08:43.2
Katrina Domingo, ABS-CBN News.
08:51.4
Alright, we have with us this morning on Hot Copy,
08:54.8
the Philippine Ambassador to the United States,
08:57.5
Jose Manuel Romualdez.
08:59.1
Ambassador Romualdez, good morning.
09:01.2
Good morning to you, Karen. Good to see you again.
09:04.7
Alright, following up from our previous interview
09:08.0
and coming from Katrina Domingo's report,
09:12.1
she said what's not yet certain are the operational details.
09:17.7
So I wanted to ask you,
09:19.7
President Marcus Jr. said he took the opportunity
09:23.5
to update President Biden and Prime Minister Kishida
09:27.6
on the latest developments in the South China Sea.
09:31.2
Including the latest incident at Ayungin Shoal.
09:37.3
Were there talks on how to prevent similar incidents in the future?
09:43.6
Well, there were indications that both the United States and Japan
09:48.0
made it very clear that we will continue with the maritime patrols
09:52.6
that we have already started.
09:54.3
And we had that, as you know, recently with Australia.
09:57.6
So definitely, this is one area,
10:00.5
one part of what we are planning to do
10:03.3
to continue to have these maritime patrols
10:06.7
to secure the area.
10:08.2
And hopefully, it will also prevent any more incidents
10:11.8
in the South China Sea.
10:14.3
Alright, so in terms of patrolling,
10:17.5
I've always asked this with previous interviews,
10:21.0
were there details on assisting the Philippines
10:27.4
in terms of resupplying?
10:29.4
Or it didn't get that specific?
10:33.1
No, there is none of those.
10:35.6
As far as the Philippines is concerned,
10:37.5
we will continue to supply our soldiers
10:39.4
who are in the Ayungin Shoal.
10:41.8
And we will, obviously, our allies have indicated to us
10:45.5
that if there's any need for them to help us
10:48.1
in perhaps escorting some of our ships.
10:53.4
But the President made it clear that
10:55.0
this is something that we intend to do.
10:56.9
We probably will be using
10:59.4
other vessels to be able to secure
11:02.5
the vessels that will come in
11:05.2
to supply our soldiers in the Ayungin Shoal.
11:08.9
But there is no indication yet as of now
11:11.7
whether we will have our other allies
11:14.3
come into the picture
11:15.4
as far as the supply of our soldiers is concerned.
11:18.9
Now, President Biden was quite clear
11:22.2
in terms of how and when
11:24.4
the Butuel Defense Treaty will be reactivated.
11:28.9
is there a redefinition of an armed attack?
11:32.8
I think, Ambassador, this has been discussed,
11:35.6
that most of China's tactics are in the gray zone.
11:40.5
Was that tackled in some way?
11:44.2
Well, I think there is no,
11:46.9
there's nothing, anything clearer
11:48.7
than what President Biden said.
11:51.1
That the Mutual Defense Treaty,
11:53.3
which he described as ironclad,
11:55.0
means that any armed attack,
11:57.1
which means that if any of our
11:58.9
soldiers or our navy men
12:01.0
or anyone in our, in men in uniform
12:04.1
are actually attacked by any foreign vessel,
12:08.2
then the United States will respond accordingly.
12:11.4
That's very clear.
12:12.6
And it's part of our Mutual Defense Treaty.
12:14.6
I think that we couldn't
12:16.6
see anything clearer than that one.
12:20.1
Now, another discussion was the implementation
12:24.1
of the Open Radio Access Network.
12:27.1
Let's talk about that.
12:28.9
How exactly will that help the Philippines
12:32.8
when it comes to the West Philippine Sea?
12:36.2
Well, the Open Run is basically for our,
12:39.6
mostly for our telecom companies to be able to,
12:42.2
anybody now can use any kind of equipment
12:45.2
to be able to communicate in terms of our cell phones,
12:49.0
our iPads, or our computers.
12:52.3
It's like really expanding the Wi-Fi coverage
12:56.3
all over the Philippines.
12:58.2
this is a new technology that both
13:00.6
the United States and Japan
13:02.2
are now offering to the Philippines.
13:03.7
And I think Smart Communications has come forward
13:08.6
going to do the tests for this
13:10.7
on this Open Run Communication System.
13:14.2
And will that help?
13:16.1
I'm curious and not,
13:17.3
I mean, will that help specifically
13:19.7
when it comes to how we patrol
13:21.8
the West Philippine Sea?
13:24.0
Well, obviously, if we have better communications,
13:27.8
even our fishermen may be able to communicate
13:30.3
perhaps now even quicker
13:32.3
rather than if they're out into the sea.
13:34.6
So if we can have this type of
13:36.8
what they call the Open Run System
13:39.2
where we can have any kind of equipment,
13:41.5
it doesn't necessarily have to be
13:43.7
a specific kind of equipment
13:45.5
to be able to transmit messages and whatever it is,
13:49.3
then that will always help our security
13:51.8
and perhaps even the ordinary fishermen
13:54.6
that will be in the area.
13:57.1
Now, this is historic.
13:58.5
It's the first, this Trilateral Summit.
14:01.5
What do you believe overall were the biggest gains?
14:06.6
I think the biggest gain is the fact that
14:08.8
there is a very strong commitment
14:11.0
from both Japan and the United States
14:13.7
that they will increase their investments
14:16.7
into the Philippines.
14:18.3
That I think is very clear and it was,
14:21.7
we were very happy to see
14:24.1
that there is a commitment of a very large amount,
14:27.1
I think we're talking about 100 billion
14:29.7
over the next five years
14:31.5
in terms of potential investments
14:33.6
that will be coming into the Philippines
14:35.7
in the area of energy,
14:37.3
in the area of digital infrastructure,
14:39.7
in the regular infrastructure,
14:41.6
and even in the area of semiconductors.
14:47.1
So all that will translate into economic,
14:50.3
stronger economic activity
14:52.1
and this is exactly what President Marcos
14:54.0
has always been batting for,
14:55.6
is that we need to have more
14:57.1
economic investments
14:59.1
or investments coming into the country
15:01.6
so that we will have economic prosperity
15:04.6
which means economic security for us.
15:08.6
Now, anything that happened behind the scenes
15:11.6
that you felt the public needs to know?
15:17.0
Well, I think the behind the scenes are mostly,
15:21.0
you know, the conversation
15:22.6
between President Marcos and President Biden
15:25.0
on the bilateral meeting,
15:26.5
basically was very, very frank and straightforward.
15:29.6
I think President Biden made it clear to President Marcos
15:33.4
that the United States stands by the Philippines
15:37.7
and no matter what happens,
15:39.9
I think it's clear that the United States
15:42.0
has already made that commitment to us
15:44.0
and even the commitment of even helping us
15:48.6
in modernizing our equipment,
15:50.0
as you know, two senators have just filed the resolution
15:53.3
or a bill that will now increase
15:55.9
the assistance to our armed forces,
16:00.1
the 2.5 billion for the next five years
16:03.4
and another 2.5 billion coming up after that.
16:06.6
That's approximately about $500 million each year
16:10.4
for the modernization of our armed forces.
16:13.0
I couldn't see anything more committed than that one
16:15.9
and President Biden said that he will continue
16:18.3
to push for this as long as possible.
16:24.8
were diplomacy tactics also discussed?
16:29.1
There's been a discussion
16:31.2
on President Marcos Junior's foreign policy.
16:34.9
Some have called it that it's pivoted extremely to the U.S.
16:39.1
We discussed that last week.
16:41.1
Was that actually discussed also?
16:44.8
You know, I tell you,
16:46.2
I cannot understand some of the people that are saying
16:49.8
that we are veering towards the United States.
16:52.7
Number one, we have had this mutual defense,
16:54.8
treaty with the United States since 1951.
16:58.1
Secondly, we see a country
17:01.7
that continues to go into our economic zone.
17:05.6
They continue to harass our fishermen.
17:08.4
They continue to have the aggressive behavior
17:11.4
of water cannons and even now,
17:16.5
they are now actually going into crushing some of our ships.
17:24.3
I can't see any other way
17:27.4
why we will not now go to an ally like the United States
17:33.1
and now even Japan to be able to go together
17:38.6
and be able to stop this type of aggressive behavior.
17:42.1
We can't do anything better than that
17:46.2
and it's not as if we're veering towards a country
17:49.1
because it's also in their interest
17:50.9
and our interest that we're together in this one,
17:53.0
together with Japan.
17:54.3
We have this bilateral agreement.
17:56.4
We cannot stand by and just simply say
18:00.1
that we will continue to just accept this.
18:04.1
The President said that he will do everything he can
18:06.7
in terms of having a dialogue.
18:08.6
He's been sending, I don't,
18:10.8
he said something like maybe six or seven people already.
18:15.8
Some private citizens who have connections in China,
18:19.5
he has asked them to go and see how they can have
18:23.0
a real serious discussion.
18:24.3
And how to resolve some of these things
18:25.9
that are being done to us.
18:28.0
Now, I think if you find anyone who's doing it
18:33.4
in every way possible,
18:35.9
you couldn't find anyone that who has done more than he should
18:41.3
as far as President Marcos is concerned.
18:44.9
So what you're saying is the President is still reaching out
18:49.2
to China through different means?
18:52.0
Through all the diplomatic means,
18:54.3
including using private individuals
18:57.8
who supposedly have connections in China.
19:01.0
Yeah, it's quite interesting.
19:03.1
It's the first time I've heard that.
19:05.5
So let's move forward.
19:07.6
The President has also met with the ultra-safe nuclear corporation.
19:15.7
Moving on to power.
19:17.5
So this administration is really geared towards putting nuclear
19:22.3
into the energy mix.
19:26.6
We've said it on many occasions, again,
19:29.4
that we really need more energy in the next two years.
19:33.2
And this modular nuclear power plants are very promising for us.
19:38.0
It may take at least maybe five to even longer than that
19:41.8
to be able to put all these things together.
19:44.3
But that is the wave of the future.
19:46.1
Small modular nuclear power plants,
19:49.1
which is now considered to be the safest in the world,
19:51.7
will be available in perhaps,
19:54.3
or will be available to implement it,
19:57.0
let's put it that way,
19:57.9
in the next two to three years.
19:59.5
And we will see it,
20:02.1
operating in the next five to seven years at the maximum.
20:06.6
But then this isn't something that the President will experience
20:12.6
or see or benefit from during his administration.
20:18.7
Well, some of them,
20:21.2
like for the nuclear energy,
20:24.6
being built during this term,
20:27.3
within the next three to four years.
20:29.3
But it will be up and running.
20:31.7
all the safety measures have to be taken.
20:33.8
nuclear power plants,
20:35.4
even if this is really fairly more simple than the original one,
20:40.3
which is the big ones that you have to start up,
20:42.4
the reactors and everything like that.
20:43.9
But this one is really a new technology being used by UltraSafe.
20:48.2
They use pellets, actually.
20:50.6
These are uranium pellets that have been captured.
20:54.1
This is a small pellet.
20:56.3
And this will now be the basis for its energy to be fired up,
21:03.7
I'm not a physicist,
21:05.1
but I think it's really exciting and it's even safer.
21:09.3
This is the reason why I think the President has met with them
21:12.5
for the third time now in seeing where this is going.
21:16.2
I think if I remember correctly,
21:20.5
they said that Morocco has already reached out,
21:23.4
they've already had discussions with UltraSafe
21:25.5
to be able to start using it for their power plants.
21:29.3
Perhaps, like I said, in five years,
21:31.2
so maybe at the end of the term of President Marcos,
21:34.7
we may be lucky to have something like that up and running already.
21:39.7
Now, let's talk about other investments
21:41.6
the President also met with Google executives and other CEOs as well.
21:49.2
What promises were made during this summit?
21:53.4
Well, Google, they're way ahead in terms of expanding their reach,
22:02.3
I think during the meeting,
22:04.7
the Google executives explained to the President
22:07.3
that they have put up a system where it will now,
22:11.7
instead of going from Hong Kong or from other countries,
22:17.0
it will now go into the Philippines,
22:20.1
the Google system,
22:21.5
what do you call it?
22:23.4
Which will now have its hub in the Philippines
22:27.6
and they're starting to do all of that as of today.
22:31.2
And it was only delayed because of the pandemic,
22:36.2
I think Google is now going to have their central data system
22:41.3
to be stored in the Philippines.
22:45.4
I think on that note,
22:47.3
just to close, Ambassador,
22:49.5
overall, how would you describe
22:52.6
the trilateral relationship between Google and the Philippines?
22:53.2
Overall, how would you describe the trilateral relationship between Google and the Philippines?
22:53.3
Overall, how would you describe the trilateral relationship between Google and the Philippines?
22:54.3
Overall, how would you describe the trilateral relationship between Google and the Philippines?
22:54.8
And the long-term effect this would have for the country?
23:01.0
Well, I think it would define,
23:03.6
it would define where our country will be
23:07.2
in the next five to ten years.
23:09.4
This tripartite agreement or this tripartite summit
23:12.8
is only the beginning,
23:14.3
but it is unquestionably where we want to be.
23:18.2
We want to be in the center of economic activity between two major countries.
23:23.1
Japan and the United States.
23:25.2
Japan is already a big partner with the Philippines
23:30.0
in terms of even the financing of many of the big item projects like the subway.
23:35.7
The United States commitment,
23:37.6
I can see it's really strong because it's already coming in as of today.
23:42.3
There will be more of this.
23:43.9
This is really the best thing,
23:45.7
I think, that will happen to us in terms of,
23:49.7
because of our agreement and because of the
23:52.9
alliance that we have with the United States and Japan,
23:56.6
it will really lure in more investments into our country.
24:00.4
This is the effect of this thing.
24:02.4
As I said, Karen,
24:05.0
within the next five years,
24:07.1
I think we will see our country going up in prosperity.
24:12.4
And you know, Secretary Recto told me,
24:15.0
who's here by the way in Washington, D.C.,
24:16.8
he said that we are already a one trillion economy.
24:20.9
And that's very significant.
24:22.7
And he expects it to be double of that one in the next five years.
24:27.0
I'm curious, the president's come back to the Philippines,
24:30.3
but is there still a Filipino delegation in the U.S. right now?
24:35.5
Yes, we have actually the,
24:39.7
our economic managers are all here right now to attend the IMF World Bank meetings,
24:44.9
which happens every April.
24:46.2
We call it the spring meetings.
24:48.1
We have the Speaker Ramirez and some congressmen who are going to be having meetings,
24:52.7
also with the U.S. Congress.
24:54.6
I think that that would be a good follow up to some of the things that we're working on.
24:58.6
As you know, the U.S. Congress plays a major role,
25:01.1
especially in funding many of these requirements that we have,
25:06.3
especially in the modernization of our armed forces.
25:09.6
And then we have a couple of senators who are here to attend some meetings
25:13.7
invited by the State Department, sponsored by the State Department.
25:17.2
So this is an all-level type of relationship.
25:22.7
We have, it's what we call hyperdrive relationship.
25:26.9
In fact, in two weeks time or sometime around August, April 21st, 22nd,
25:33.7
we're going to have the bilateral strategic dialogue, which is yearly.
25:37.5
We're going to be with the United States.
25:40.1
So a lot of things going on between our two countries that I like now.
25:45.3
Right now, I can tell you that I'm just, well, it's exhausting to a certain extent,
25:50.9
but at the same time, I'm really excited,
25:52.6
because there are just so many things going on and all of this point to one direction.
25:57.8
And that is, it's all good for the Philippines.
26:01.3
On that note, I want to thank you so much for joining me today, Ambassador Jose Manuel Romualdez.
26:09.1
Thank you very much, Carol. Always good to see you.
26:12.4
We're going to take a quick break and start. We'll be right back.
26:22.6
Welcome back to Get Start.
26:51.4
President Marcos Jr. seeking accountability from his predecessor
26:56.2
over the controversial gentleman's agreement with China.
27:00.2
Duterte earlier admitted he agreed to maintain the status quo in the West Philippine Sea
27:06.4
to avoid conflict with China.
27:21.4
Why is there no video? Why didn't they tell us when we came in to say that we have an agreement?
27:30.2
I would disagree with that idea that you enter into a secret agreement.
27:36.2
You know, you have any secret, any agreement with another sovereign state should really be known by the people,
27:46.2
should be known by the elected officials, should be known by the Senate,
27:51.4
because a treaty needs to be ratified by the Senate.
27:54.4
It should be known by all the local officials. It should be known by everyone.
27:59.4
Because if that way, you're accountable. If it's a bad decision, you're accountable.
28:08.4
Now we need to know, what did you agree to? What did you compromise? Ano yung pinamigay ninyo?
28:17.4
Marcos also shrugging off Duterte's verbal attacks against him.
28:25.4
The former president called Marcos a weak leader and a crybaby for revitalizing the country's ties with the United States.
28:35.4
You know, to be a crybaby, you have to cry. Did you see me cry?
28:41.4
I don't pay any attention to that. I really don't.
28:46.4
That means absolutely nothing to me.
28:50.4
And you know, again, the former president is a highly experienced lawyer.
28:56.4
He should know that ad hominem attacks like that are really of no place in this kind of very important and very precarious discussions.
29:12.4
Na sasabihin, eh pangit ka eh.
29:16.4
Sige, di pangit ako. So what?
29:22.4
And we're now joined by former Solicitor General Francis Ardeleza.
29:27.4
He was part of the legal team of the Aquino administration that took China to court and scored a victory for the Philippines.
29:35.4
Justice Ardeleza, good morning to you, sir.
29:38.4
Good morning, Karen.
29:40.4
Alright, let's start first with this.
29:43.4
Was there anything unconstitutional, Frank?
29:46.4
I agree, frankly, with what former President Duterte did.
29:50.4
He said he just agreed to the status quo in the South China Sea, the West Philippine Sea issue.
29:59.4
He said it's an agreement to the status quo.
30:02.4
Is that unconstitutional?
30:05.4
Well, not necessarily.
30:07.4
The thing, Karen, is the president gets the mandate from the people.
30:13.4
At that time, remember?
30:14.4
President Aquino started the arbitration.
30:18.4
And then comes President Duterte.
30:21.4
He has a slightly different view.
30:24.4
But I think we should remember President Duterte for what he said in the UN.
30:30.4
Very clearly, in a speech in the UN, he said, we have the arbitral award.
30:37.4
Now, we have President Marcos.
30:40.4
President Duterte has said what he has said.
30:43.4
So I would rather President Marcos has said that whatever agreement President Duterte had, he would not necessarily abide with it.
30:55.4
So we should respect each other's views.
30:58.4
And I think the President Marcos is on the right track today.
31:02.4
But we should not necessarily, you know, we are up against a giant current.
31:08.4
We should marshal all our efforts.
31:12.4
Into getting what is good for the Philippines.
31:15.4
So we should not, I think, we, our leaders should refrain from, you know, for example, I hear that they want to have a Senate hearing.
31:26.4
President Duterte has said what he has said.
31:29.4
So President Marcos has said he does not agree with what Duterte said.
31:35.4
President Marcos is our present president.
31:37.4
He has the mandate of the people.
31:39.4
He is the chief architect of foreign policy.
31:41.4
So I think if the Senate wants to do something, it should be just to try to influence the president.
31:48.4
For example, Karen, we won't dig in that arbitral award.
31:53.4
We won't dig on the environment.
31:55.4
Now, last year, Secretary de Mulya told me and another lawyer, I thought he was going to file a case to get damages.
32:05.4
Now, I think they have brought in the Solicitor General into the National Security Service.
32:09.4
The Solicitor General into the National Security Group, the task force.
32:14.4
So that should be the effort.
32:16.4
Let's not say anything bad because we are all Filipinos.
32:24.4
Now, Justice, this so-called agreement that former President Duterte had with China, do you believe it gave away the Ayungin Shoal?
32:39.4
Because that's what former Senior Associate Justice Carpio said.
32:45.4
What do you mean, it gave away?
32:48.4
Yeah, Ayungin Shoal.
32:50.4
No, no, we did not give away.
32:51.4
Lose Ayungin Shoal.
32:53.4
Nobody gave away Ayungin Shoal.
32:56.4
That's still part of our territory.
32:58.4
Our brave soldiers are there.
33:00.4
Nobody gave it away.
33:02.4
I do not agree with anybody.
33:05.4
That's un-Filipino.
33:07.4
To say that anybody gave it away.
33:09.4
You see, if we are before a tribunal now and somebody says we gave it away, eh mangingat tayo.
33:15.4
Because we have to be careful with what we say.
33:19.4
Yun ang sinasabi ko.
33:20.4
The context, the context is if by agreeing with China not to repair BRP Serramadre and only agree to supplies for water and food, according to Carpio, kung lumubog yun, na wala yun.
33:36.4
Kung lumubog yun, na wala na tayo.
33:38.4
This is his exact quote.
33:40.4
Papasok ang China.
33:42.4
Parang ibinigay niya ang Ayungin Shoal sa China.
33:48.4
You know Karen, if you read one of the papers today has an account that despite what President Duterte allegedly said, we continued up to Lorenzana.
34:01.4
He was still with President PRRD, I think.
34:06.4
Up to the end, in fact, the paper reports that they were inside the resupply vessel and they brought planks, they brought equipment to refurbish.
34:20.4
So this is what I'm saying.
34:22.4
This is foreign affairs.
34:23.4
Sometimes you say something and then the lawyers will say, okay, that's it.
34:28.4
But you can do something else.
34:30.4
The term being used is discarte.
34:34.4
Because we are not a strong nation.
34:36.4
We have to face it.
34:38.4
So I find this is not productive to go back.
34:43.4
What we should do is to go forward.
34:45.4
We have an award.
34:47.4
President Duterte has said before the UN that we have this award.
34:53.4
President Marcos is now in the office.
34:58.4
He has the mandate of the people.
35:00.4
He doesn't believe in status quo.
35:04.4
But you know, there's one big difference, Karen.
35:08.4
During the time when we filed the arbitral award, nobody was on our side.
35:16.4
Then we got the award.
35:18.4
When we got the award, I met with Secretary Ochoa and then incoming Secretary Yasai.
35:26.4
And they asked, please don't say anything.
35:28.4
Because on January 30, PRRD came in.
35:32.4
We did not do anything.
35:34.4
And then the award came in.
35:36.4
And the President PRRD was very careful.
35:43.4
So what he did was, I think he just said, okay, let's have the status quo.
35:50.4
Now, we have so many allies.
35:53.4
Now, for example, when we filed the case, nobody from the U.S. said, this is the U.S. defense treaty.
36:02.4
Now, we have the President of the United States.
36:05.4
That's why our President is a little braver now.
36:09.4
So, let's not waste time.
36:12.4
Because during the time of President Aquino, we were not there.
36:18.4
I also hear that President Duterte said, if that's the case, send the 7th Fleet to the United States.
36:24.4
It's not finished yet.
36:26.4
So, I think my point is, let us be careful.
36:30.4
Now, we only have one President.
36:32.4
We only have one foreign policy.
36:34.4
President Marcos is doing the right thing.
36:39.4
Now, in the past, let's not...
36:41.4
You know, every President has a time.
36:47.4
Every President has a mandate.
36:49.4
We vote for different Presidents.
36:52.4
Sometimes, your President will win.
36:54.4
Sometimes, he will lose.
36:55.4
We serve only once.
36:56.4
But little by little,
36:58.4
our interests will change.
37:04.4
You're right about that.
37:05.4
Now, the President is the Chief Architect of Foreign Policy.
37:10.4
But what's difficult is if the foreign policy when it comes to the West Philippine Sea is dependent on one leader.
37:18.4
I mean, clearly, China is playing the long game.
37:23.4
They don't change their foreign policy.
37:27.4
during the time of former President Duterte,
37:30.4
even if the arbitral award was there,
37:33.4
some have said he didn't maximize the arbitral award.
37:40.4
So, that's a criticism on that part.
37:43.4
With this particular President,
37:45.4
he holds on the arbitral award, reaffirms it.
37:49.4
But some have criticized him that he's pivoting way towards the U.S.
37:56.4
it's that changing foreign policy
37:59.4
that the Philippines is...
38:02.4
I would have to say it's quite...
38:05.4
This is where it's precarious
38:08.4
where we are with the West Philippine Sea depends
38:13.4
And it shouldn't be the case.
38:14.4
It shouldn't be the case.
38:20.4
we have to live with the fact that we are a democracy.
38:24.4
That's why they can't afford only one leader.
38:27.4
Xi Jinping will outlive all of us.
38:30.4
They have only one policy.
38:33.4
When the leader of China says this,
38:36.4
everything follows.
38:39.4
that's ideal in one sense,
38:42.4
but it's not also ideal in a democracy.
38:44.4
So, we have to live with the fact that
38:46.4
we have had three presidents already.
38:49.4
President Aquino started,
38:50.4
it's good that we have an arbitration.
38:55.4
If there's no arbitration,
38:57.4
there's nobody who will say what is right.
39:01.4
what we achieved during the Aquino administration
39:04.4
is to have clarity.
39:07.4
That's why we have more allies today, I think.
39:10.4
Now, when PRRD won,
39:13.4
the U.S. pivot is still unclear.
39:16.4
They were not saying ironclad at the time.
39:19.4
That's why you can't blame your mother
39:22.4
or your mother-in-law.
39:24.4
But it takes time.
39:25.4
So, six years after,
39:26.4
you have a new president.
39:28.4
Now, we have an ironclad commitment
39:30.4
from President Biden.
39:32.4
So, we can be a little bit more aggressive.
39:35.4
If viewed from that point of view,
39:37.4
we are making strides.
39:39.4
we are a very small country.
39:41.4
That's the way I look at it.
39:45.4
So, let's move on to Scarborough Shoal.
39:49.4
it's said that within the Shoal,
39:51.4
there are two Chinese ships,
39:54.4
Chinese ships that are just stationed
39:57.4
inside the Shoal.
40:00.4
And the arbitral ruling was clear
40:02.4
that Scarborough Shoal
40:04.4
is a common fishing ground
40:06.4
for the Philippines, China, and Japan.
40:09.4
And yet, the Philippines isn't fishing
40:12.4
inside Scarborough Shoal.
40:14.4
How do we move forward?
40:16.4
That's the problem of enforcement.
40:20.4
But, I will stress,
40:22.4
were it not for the arbitral award,
40:25.4
then wala tayong panghahawakan
40:27.4
na tayo ay may right to fish.
40:31.4
Having said that,
40:32.4
how do we enforce it?
40:34.4
discarate na naman ng Pilipino.
40:39.4
but may problema doon ng konti.
40:44.4
the fishing ground is so large,
40:46.4
that hindi mo mabantayan always.
40:49.4
So, that's going to be a
40:51.4
continuing problem of enforcement.
40:54.4
But, ang sabi ko naman,
40:56.4
ang nakakalimutan ng mga Pilipino,
40:58.4
ang laki ng ginastos natin
41:00.4
to get the award.
41:02.4
But, unfortunately,
41:03.4
it's only the President
41:04.4
who can tell the Filipino people
41:06.4
how much we spent.
41:08.4
Now, ang laki ng panalo natin,
41:11.4
Karen, sa environment,
41:15.4
gumawa ang China ng artificial island doon,
41:18.4
gumawa ng military emplacement.
41:22.4
sinabi ng arbitral award,
41:25.4
mali ang China doon, mali.
41:27.4
So, what we need to do,
41:29.4
kunti na lang hirap,
41:30.4
kunti na lang ebidensya,
41:32.4
we should get a large award there.
41:41.4
Kasi that's the award,
41:42.4
that's the award,
41:43.4
that's the award.
41:44.4
But China won't recognize that.
41:47.4
China does not recognize the award.
41:49.4
Yes, they do not recognize the award.
41:51.4
But if we file another case,
41:55.4
they will not join.
41:57.4
But the UNCLOS provides that,
42:00.4
provided we have grounds,
42:02.4
kahit hindi mag-participate ang other party.
42:05.4
That's what happened to our arbitration.
42:08.4
So, we get a big award
42:11.4
kung ilang billion ang damage natin sa Miss Chifre,
42:18.4
Then, may panghawakan tayo.
42:20.4
Then, we enforce it through UNCLOS
42:23.4
sa assets ng China.
42:26.4
Huwag naman sa Pilipinas,
42:28.4
You could go to New York,
42:29.4
you go to wherever they have assets.
42:32.4
discarded na naman yan.
42:34.4
At that point in time,
42:36.4
kung manalo tayo,
42:37.4
then maybe China will soften.
42:41.4
But rather than tayo mga Pilipino mag-away,
42:45.4
yun ang punto ko ka rin.
42:47.4
So, if the Senate is minded,
42:49.4
dapat instead of investigating
42:53.4
or the House investigating,
42:55.4
they should just help the President
42:57.4
and find out how much did we spend,
43:00.4
to get the award.
43:01.4
What happens to the award now?
43:03.4
Why are we not filing a case
43:07.4
to pay for the environmental damage?
43:13.4
Rather than go back.
43:15.4
And I don't like this, Karen.
43:18.4
Pilipino tayo lahat eh.
43:22.4
So, you believe that moving forward,
43:24.4
that's one thing this administration can do?
43:27.4
Because it could be a legacy
43:29.4
for the Marcos administration.
43:31.4
Do you recommend,
43:32.4
because the late President Aquino
43:35.4
remembered for actually supporting
43:38.4
the filing of this case, right?
43:42.4
It has to be the state.
43:43.4
It has to be the state
43:44.4
that files the case,
43:46.4
not an individual.
43:47.4
So, do you believe
43:49.4
that this administration
43:51.4
should file the case,
43:55.4
for environmental damages?
43:58.4
Precisely, Karen,
43:59.4
nung bandang October last year,
44:01.4
Secretary Lemulia already called me
44:04.4
and Attorney Ramon Magsaysay Awardee,
44:13.4
And then he announced
44:14.4
that he's studying.
44:15.4
He formed a study group
44:16.4
because he was committed to file.
44:18.4
He said he had the ear of the President.
44:20.4
And I checked with Secretary Teodoro
44:24.4
and the Executive Secretary.
44:25.4
They said it is true
44:27.4
that he has the mandate.
44:28.4
Now, they brought in
44:30.4
the Solicitor General.
44:31.4
Kasi ang mungkahi ko, Karen,
44:33.4
malaki ang gastos natin nung last time.
44:37.4
Sir, would you be able to give me
44:39.4
just an estimate?
44:42.4
Well, ang estimate...
44:44.4
Ang alam ko, Karen,
44:46.4
ang binayad ko kay...
44:48.4
sa law office ni Reichler
44:50.4
is in U.S. dollars, no?
44:53.4
Like roughly how much?
44:55.4
Like million U.S. dollars?
44:58.4
Dalawang beses yun.
44:59.4
Tapos may other gastos pa tayo.
45:01.4
Ngayon, sabihin ko
45:03.4
malapit sa one billion pesos.
45:11.4
It's everything included, no?
45:17.4
the money needed actually
45:20.4
to fuel the case, etc.
45:23.4
That's just the direct cost, Karen.
45:25.4
Yung binayad natin sa Marikano,
45:26.4
binayad natin na filing fee,
45:29.4
at saka yung binayad natin sa mga
45:31.4
mga experts natin.
45:33.4
Wala pa yung mga ginasto sa mga Pilipino.
45:35.4
Pagpunta kami sa Hague.
45:38.4
That's just the direct cost.
45:40.4
So, it will be more than that.
45:41.4
But that's for the President
45:43.4
to tell the Pilipino people.
45:46.4
That is what the Senate should do
45:50.4
kaya nasasayit na
45:52.4
naghihinayang ako.
45:53.4
Kasi ang laki ng ginastos natin.
45:55.4
Now, the opportunity now,
45:58.4
as I have been telling people,
46:00.4
kayang-kaya ng Office of the Solicitor General.
46:05.4
So, we will spend only for
46:09.4
Kaya kung magkaso tayo,
46:11.4
siyempre ang mga Pilipino ay katuwang natin.
46:14.4
Mga scientist, mga Pilipino lawyers.
46:16.4
But we should get also credible foreign experts.
46:20.4
Kasi the Arbicora Court,
46:22.4
kung Pilipino lahat ang tisigo natin,
46:24.4
hindi ka panipadiwala.
46:26.4
Now, we will have to spend a little bit,
46:28.4
upgrade the evidence.
46:30.4
Ang sinabi ng arbitral award ay
46:33.4
may kasalanan malaki ang China
46:36.4
sa environmental degradation.
46:38.4
Sa mischief rape.
46:40.4
Hindi naman natin mabawi ang mischief rape.
46:42.4
Pagbayad man kayo.
46:45.4
Very good points.
46:47.4
Now, just to close,
46:49.4
I wanted to ask you about
46:51.4
exploring the REED Bank.
46:53.4
You have countries like Malaysia
46:55.4
that are already doing
46:57.4
their own exploration.
46:59.4
Where do you stand on that?
47:01.4
During the time of former President Duterte,
47:04.4
there was a moratorium
47:06.4
on the exploration.
47:08.4
Yes, I understand.
47:09.4
Yan ang moratorium.
47:10.4
Because natatakot ang CPRRT.
47:13.4
But now, we have the arbitral award.
47:17.4
It says clearly tayong may-ari ng REED Bank.
47:20.4
We can reopen it.
47:22.4
Now, may mga mungkahi
47:24.4
na sasamahan daw tayo ng merkano diyan.
47:28.4
we don't need their allies.
47:31.4
Kasi if we send our
47:33.4
Pilipino naval ships there
47:35.4
to accompany our scientific ships,
47:38.4
kung bubumbahin man sila ng China,
47:40.4
we have the mutual defense treaty.
47:44.4
The problem is China,
47:46.4
it's not as simplistic as that.
47:48.4
What China is doing
47:50.4
is provocations in the gray zone.
47:54.4
So it doesn't activate
47:56.4
the mutual defense treaty.
48:00.4
That's why they are playing this game
48:02.4
that they will do water cannons.
48:04.4
Ang problema lang, Karen,
48:06.4
the arbitral award said that
48:08.4
specifically with Ayungin Shore,
48:11.4
may isang paragraph lang
48:13.4
out of 514 pages kahaba ng decision,
48:18.4
isang paragraph lang sinabi
48:20.4
ang operation ng China at saka Chinese Navy
48:24.4
and the Chinese militia,
48:26.4
itong mga paramilitary vessels.
48:29.4
It's a military operation.
48:30.4
Kaya wala sa jurisdiction.
48:32.4
So we have to live with that.
48:34.4
Now, there are ways
48:36.4
to help ourselves there.
48:38.4
We have been playing cut and mouse with them.
48:43.4
Recently, I think three of our servicemen
48:47.4
So we have to help the president
48:50.4
Now, kaya ako bilang abogado,
48:53.4
siyempre ang reaction ko is to file a case.
48:57.4
But I'm not saying that filing a case
48:59.4
is the only remedy.
49:01.4
The president should have a full menu.
49:03.4
Military, diplomatic,
49:06.4
lahat yan ay tulong-tulong.
49:08.4
Ang tanong ko ngayon,
49:11.4
bakit wala na tayong legal option?
49:14.4
Kasi matagal ka rin eh.
49:17.4
When we filed the case,
49:19.4
when I got the order from the president,
49:22.4
it took almost one year to prepare.
49:24.4
And then when we filed the case,
49:25.4
one year to magtagisan pa ng papel.
49:29.4
And then one year to...
49:30.4
It took tatlong taon.
49:32.4
what I am afraid of
49:34.4
is maabutan tayo ng midterm elections.
49:40.4
you are recommending President Marcos Jr.
49:43.4
to already decide
49:45.4
and act on filing another case.
49:49.4
For environmental damages.
49:50.4
Kumbaga, do it now.
49:52.4
No, kasi pag umabot na ang midterm election,
49:56.4
I can feel that medyo konting may politika na eh.
50:01.4
The beauty nung time ni Pinoy,
50:03.4
wala pang nakakalam.
50:04.4
So we were quite free to do our thing now.
50:07.4
It's now in the open.
50:09.4
Maraming sumasakay.
50:11.4
So I think the president should now
50:13.4
tell the Filipino people,
50:15.4
namuhuna ng Pilipinas,
50:17.4
ganito ang ginastos natin,
50:19.4
We have to follow up in the environment.
50:21.4
Sa environment lang.
50:22.4
Now ang military,
50:24.4
we have allies now.
50:25.4
We have the United States,
50:27.4
we have Great Britain,
50:29.4
So it's a holistic thing.
50:30.4
It's a holistic ano ba,
50:31.4
buo-buong solusyon.
50:33.4
Rather na mag-away-away tayo.
50:36.4
Very interesting today.
50:39.4
Thank you so much.
50:40.4
I do hope to have you back on Head Start.
50:42.4
Former Solicitor General Francis Ardeleza.
50:45.4
We can talk about this more at length.
50:49.4
Thank you, thank you.
50:50.4
And that's Head Start today.
50:52.4
I'm Karen Davila.
50:53.4
Thank you for watching.
50:55.4
You can play back this episode
50:57.4
at the ANC YouTube channel.
