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Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City FIFTEENTH CONGRESS First Regular Session HOUSE RESOLUTION No.

1420 Introduced by Reps. TEDDY A. CASIO and NERI JAVIER COLMENARES RESOLUTION DIRECTING THE COMMITTEE ON FOREIGN AFFAIRS TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE REPORTED INCURSIONS OF CHINA AND THE HEIGHTENING OF TENSIONS IN THE WEST PHILIPPINE SEA WITH THE END IN VIEW OF FINDING PEACEFUL AND DIPLOMATIC SOLUTIONS TO THE TERRITORIAL DISPUTES SANS UNITED STATES MEDDLING AND WITHIN THE FRAMEWORK OF THE 2002 DECLARATION ON THE CONDUCT OF THE PARTIES IN THE SOUTH CHINA SEA SIGNED BY ASEAN MEMBERS AND THE PEOPLES REPUBLIC OF CHINA WHEREAS, the Philippines has territorial claims over parts of the Spratly group of islands located within the country's exclusive economic zone and continental shelf, as stipulated in the United Nations Convention on the Law of the Sea (UNCLOS) which states that the coastal state has sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters 200 nautical miles from its coast. The coastal state will also have jurisdiction over the establishment and use of artificial islands, installations and structures; marine scientific research; and the protection and preservation of the marine environment"; WHEREAS, following several incidents of confrontations between the Philippines and other claimants to the Spratly Islands, namely Vietnam and China, a "Declaration on the Conduct of Parties in the South China Sea" was signed in 2002 by members of the Association of Southeast Asian Nations (ASEAN) and the Peoples Republic of China aimed at easing tensions in the region and serving as a foundation for future negotiations; WHEREAS, in May 2011, satellite photographs showing Chinese military garrisons and outposts within Philippine-claimed areas in the Spratly islands were released to the public. Months before that, there were reports of Chinese patrol boats harassing a Philippine oil exploration ship while the Philippine Air Force reported sightings of foreign fighter jets flying near an island occupied by Filipino troops; WHEREAS, these reported intrusions into Philippine-claimed territories are clearly violative of the 2002 Declaration which states that parties concerned should exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability including,

among others, refraining from action of inhabiting on the presently uninhabited islands, reefs, shoals, cays, and other features and to handle their differences in a constructive manner. Thus, it is incumbent upon the Philippine government to protest such actions by China, assert the country's sovereignty over its territorial claims, remind all claimants of their obligations to the 2002 Declaration, and pursue diplomatic solutions to the conflict; WHEREAS, instead of doing the same, the Executive appears to be further escalating and complicating the situation by, among other things, dragging the United States into the picture by publicly insisting that the latter was obligated to side with the Philippines against China because of the 1951 RP-US Mutual Defense Treaty. The government also dispatched the country's biggest warship, the 68-year-old BRP Rajah Humabon, to conduct patrols along the country's perimeter areas; WHEREAS, in response to the statements of Philippine officials, the United States expressed readiness to assist the Philippines in its defense needs, as affirmed by Vice Admiral William E. Landay III, Director of the Defense Security Cooperation Agency, and US Ambassador Harry Thomas. The United States has always kept an eye on the increasingly competitive China and the Philippines call for US involvement in the Spratlys dispute may be interpreted as a welcome invitation for the US to freely patrol the disputed areas and challenge China in controlling key shipping lanes and potential oil or gas resources in the area. Such a situation will make the Spratlys Islands more of a flashpoint for military engagement than it already is at present; WHEREAS, in pushing for an acceptable resolution of the Spratly Islands dispute, the government should also avoid using the 2005 Joint Military Seismic Undertaking Agreement (JMSU) among China, Vietnam and the Philippines as a template or framework because, among other things, it is an unequal agreement that covers even undisputed territorial claims of the Philippines and violates key Constitutional provisions on Philippine patrimony and territory. In fact, an opposition to the said agreement on constitutional grounds was filed by Bayan Muna in 2008 and is still pending in the Supreme Court; WHEREAS, Congress has the duty to look into the reported Chinese intrusions with the end in view of finding ways to de-escalate tensions and exploring possible solutions to the problem, especially those that may require legislation or even diplomatic initiatives involving members of the legislative branch in the claimant countries; NOW THEREFORE BE IT RESOLVED, that the Committee Foreign Affairs conduct an inquiry, in aid of legislation, on the reported incursions of China and the heightening of tensions in West Philippine Sea with the end in view of finding peaceful and diplomatic solutions to the territorial disputes sans United States meddling and within the framework of the 2002 Declaration on the Conduct of the Parties in the South China Sea signed by ASEAN members and the Peoples Republic of China. Adopted,

TEDDY A. CASIO Bayan Muna Party-list

NERI JAVIER COLMENARES Bayan Muna Party-list

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