Senators Sergio Osmeña III and Ralph Recto said the Department of Foreign Affairs should have first consulted with the lawmakers before negotiating with Malaysia on the Philippines’ pursuit of its territorial claims in the extended continental shelf (ECS) in the West Philippine Sea.
“Any treaty must undergo Senate oversight and approval. It might even require an amendment to our Constitution,” said Osmeña.
“I don’t think that is just for the executive branch to decide. Congress should be consulted on the matter,” Recto said.
Recto did not say if he supported or opposed the alleged swap offer of the Philippines, wherein Malaysia would drop its claims to disputed territories in the West Philippine Sea in exchange for the Philippines’ dropping of its claim to Sabah.
But Malacañang yesterday denied making the offer, which was reported by Vera Files.
“Absolutely, no truth to that information that there was a supposed quid pro quo to drop the Sabah claim,” said Deputy Presidential Spokesperson Abigail Valte in a text message to the Inquirer.
Communications Secretary Herminio Coloma confirmed the report’s claim that the DFA recently sent a note verbale to the Malaysian Embassy in Manila, but “Sabah was not in any way part of that note.”
“The note verbale that was written about was part of the (regular consultation) process” between Manila and Kuala Lumpur, Coloma said.
The note was “about the features in the South China Sea and their implications on (the country’s) Extended Continental Shelf, or ECS claims,” he added.
Quoting DFA spokesperson Charles Jose, Coloma said “the Philippines has excellent relations with Malaysia.”
“In the context of our friendly bilateral relations, our two countries have been for years exchanging ways on how to address the issue of the ECS in the South China Sea. The note verbale was part of that process,” he said.
Malaysia’s side
Malaysia, for its part, refuses to acknowledge any claim the Philippines has on Sabah.
“Is there a claim?” was Foreign Minister Anifah Aman’s response when asked about media reports that Manila had offered to “downgrade” its claim on Sabah.
“Any note or anything in relation to that so-called claim is absolutely irrelevant,” Anifah said after opening the Asean Regional Forum workshop on combating wildlife trafficking in Tuaran near Kota Kinabalu.
Osmeña said the proposal, if true, would benefit both the Philippines and Malaysia.
“It’s an acceptable gambit and letter proposals such as that are not usually sent unless there have been preliminary talks on the issue and there are some chances of approval,” he said.
Osmeña, however, cautioned that by offering quid pro quo arrangements with other country-claimants in the ECS, the Philippines could be putting itself in a vulnerable position.
“Tactically, it would weaken the government’s position on the West Philippine Sea situation,” he said.
The DFA said it was investigating the source of the leaked note verbale.
In a press conference yesterday, Jose said the conclusion drawn from the note verbale given to a Malaysian representative was that it “had been done irresponsibly” and that the fact that it went public could possibly generate national security concerns.
“There is no way we are dropping our claim to Sabah,” he said, noting that the communication with Malaysia made no mention of Sabah. With reports from Karlos Manlupig, Inquirer Mindanao and The Star Online/Asia News Network