Lacierda may yet get his dream of becoming foreign secretary

The resignation of Foreign Secretary Albert del Rosario, four months before the end of the Aquino administration, may yet pave the way for Presidential Spokesperson Edwin Lacierda to realize his dream of becoming foreign secretary.

Presidential Spokesman Edwin Lacierda

Presidential Spokesman Edwin Lacierda

Not many know Lacierda’s desire to be head of the much-coveted cabinet position. It was Mar Roxas, the presidential candidate of President Aquino and the Liberal party, who told an ambassador that Lacierda would be his foreign secretary.

Roxas, the envoy recalled, presented Lacierda to him: “Here’s your future boss.”

The envoy was taken aback, he replied, “I won’t be with the DFA anymore by that time.”

Funny. The envoy’s reply sounded like “I’m thankful I won’t be there when that disaster happens in the DFA.”

The envoy was thinking that it would happen after 2016 and assuming that Roxas would succeed Aquino.But that possibility doesn’t seem very likely because in the many surveys conducted of the presidential race for the May 2016 elections, Roxas has never topped one.

Although analysts say the 2016 presidential contest is a close fight. In the latest Pulse Asia survey, where Partido Galing at Puso presidential bet Grace Poe, retook the lead from United Nationalist Alliance’s Jejomar Binay, Roxas no longer trailed PDP-Laban’s Rodrigo Duterte. He tied with Duterte in third place. In the latest survey of pollster Junie Laylo conducted last week, where Poe again topped, Roxas already tied with Binay in second place.

But Lacierda need not anchor his dream on the doubtful victory of Roxas in the 2016 elections. He can lobby for the President to appoint him to be acting secretary and enjoy the perks of being the top diplomat in the last four months of the Aquino administration.

Foreign Affairs Undersecretary Laura Q. del Rosario

Foreign Affairs Undersecretary Laura Q. del Rosario

Sources in Malacanang, however, said President Aquino is inclined to appoint one of the career undersecretaries to be acting secretary just like what he did when he appointed Dr. Emmanuel Esguerra as acting socio-economic secretary and director-general of the National Economic and Development Authority to replace Arsenio Balisacan who was appointed as the first chairman of the newly-formed Philippine Competition Commission.

There are three undersecretaries who are still active career officers: Laura Q. del Rosario, undersecretary for International Economic Relations; Linglingay F. Lacanlale, undersecretary for administration; and Evan P. Garcia, undersecretary for policy.

It’s likely to be Lula del Rosario (no relation to the outgoing foreign secretary), who competently stirred the substantive part of the Philippine hosting of the 2015 Asia Pacific Economic Cooperation summit last November.

Del Rosario’s resignation is effective March 7. He will still be accompanying President Aquino to the Special ASEAN-US summit in California on Feb. 15 to 16. He is also expected to say his farewell to his Asean counterparts during the regional group’s Foreign Minister’s Meeting Retreat in Vientiane, Laos on Feb. 27.

Dubbed by nationalists as “American Boy,” Del Rosario’s stint in the DFA will always be remembered as the lowest point of Philippine-China relations.

Del Rosario fights media battle while China controls battlefield

Foreign Secretary Albert del Rosario: his policy is to 'shame" China.

Foreign Secretary Albert del Rosario: his policy is to ‘shame” China.

Statements coming from Foreign Secretary Albert del Rosario betray helplessness over the situation in the South China Sea.

The Philippines is losing the battle that he led the country to wage against China.

Yesterday Del Rosario said that the Philippines will ask the United Nations Arbitral Court to hasten the resolution of the 2013 suit it filed questioning the legality of China’s nine-dash line map in the light of the latter’s expansion activities on islands they are occupying in the disputed areas of the Spratlys in the South China Sea.

Solicitor General Francis Jardeleza had said that they expect the International Tribunal on the Law of the Sea to rule on both jurisdiction and merit of the Philippine claim “between 2015 to 2016.” China has refused to participate in the Philippine case.

Earlier, del Rosario said he will ask the Association of Southeast Asian Nations to call for a moratorium on activities in the South China Sea. Four –Philippines, Vietnam, Malaysia, Brunei – out of ten Asean members have conflicting claims in the Spratlys.

BRP Sierra Madre in Ayungin: holding the fort in Ayungin shoal in Spratlys.

BRP Sierra Madre in Ayungin: holding the fort in Ayungin shoal in Spratlys.

China is not a member of Asean. If Asean issues a call for a moratorium, who will be bound by it? The Philippines, Vietnam, Malaysia and Brunei. Aren’t we tying our own hands while China continues fortifying their claims?

Besides there’s already the 2002 Declaration on the Conduct of Parties in the South China Sea which China has signed.

The 2002 DOC states that “The Parties undertake to 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.”

That particular provision is carried in the draft Code of Conduct in the South China Sea which Asean has approved and is being negotiated with China. Th

Analysts said that China’s expansion- turning rocks they have occupied into islands by reclamation- is in anticipation of the signing of the Code of Conduct in the South China Sea, which would exhort signatories to maintain the status quo in the disputed areas at the time of the signing.

There nothing wrong for an Asean call for moratorium but if Del Rosario thinks that’s something that would persuade China, he is dreaming. He should know that territorial conflicts are not resolved by dreams.

If China is expanding their occupied territories (they are not taking over new rocks or islets, so far), why can’t the Philippines do the same? We have presence in nine features in Spratlys as against Vietnam’s more than 20, China’s 8, Malaysia’s 4, Taiwan’s one. Zero for Brunei.

What prevents the Philippines from occupying more rocks or islets? Why don’t we ground another Philippine Navy ships in one of those unoccupied rocks like what the Navy did with The BRP Sierra Madre in Ayungin shoal in 1999.

Del Rosario has shunned bilateral talks with China which puzzles other foreign policy experts. Former Ambassador to the United Nations Lauro Baja Jr. has criticized this policy saying “The negotiating table is the greatest equalizer in international relations.“ He said whatever the size of the country, all are equal in negotiations.

Vietnam and China are talking despite a much-more serious conflict between them.

Del Rosario has also told President Aquino about his opposition to backchannel talks thereby closing informal communication with China, which has proven effective in other countries experience in conflict resolution.

Del Rosario talks to China through the media– complaining about China’s actions before filing a protest and announcing the Philippines’ next moves before actually doing it. A journalist friend said , “We are fighting a media battle while China has already occupied the battlefield.”

Del Rosario engages in disinformation re coverage of MDT

Del Rosario: desperately clinging to Uncle Sam.

Del Rosario: desperately clinging to Uncle Sam.

The day after U.S. President Barack Obama left Manila, Foreign Secretary Albert Del Rosario issued the following statement:

“Under the Mutual Defense Treaty, the United States will come to the assistance of the Philippines if our metropolitan territory is attacked or if our Armed Forces are attacked in the Pacific area.

“In 1999, in a diplomatic letter, the United States affirmed that the South China Sea is considered as part of the Pacific area.”

Del Rosario is pathetic. What is abhorrent about this is, he is resorting to disinformation. Either that or his geography is faulty: The Spratlys, the contested islands in the South China Sea, are not in the Pacific.

Lawyer Harry Roque said “Geography can’t be changed by Del Rosario. MDT says ‘Metropolitan territory’ and islands in the Pacific. Spratlys are not in the Pacific.”

Roque further said: “MDT mandates the United Sates to come to our assistance when our territory is attacked. But since the U.S. does not recognize our title over Spratlys, a Chinese attack there will not trigger application of MDT.”

Obama assures Japan U.S. will defend them over Senkaku island vs China. White House photo by Pete Souza.

Obama assures Japan U.S. will defend them over Senkaku island vs China. White House photo by Pete Souza.

Roque said Obama was clear in all his statements while visiting Manila that US interest is freedom of navigation and peaceful settlement of dispute.

In Japan, his first stop in the April 2014 Asia visit, Obama was very clear about the application of U.S. –Japan MDT in case of an armed conflict over Senkaku island, which the Chinese calls Diaoyu:“The policy of the United States is clear – the Senkaku islands are administered by Japan and therefore fall within the scope of … the U.S.-Japan Treaty of Mutual Cooperation and Security.”

Contrast that to what he said during the press conference in Malacanang last Monday: “Our goal is not to counter China; our goal is not to contain China. Our goal is to make sure that international rules and norms are respected, and that includes in the area of maritime disputes. We do not have claims in this area territorially. We are an Asia Pacific nation and our primary interest is the peaceful resolution of conflict, freedom of navigation that allows for continued progress and prosperity. And we don’t even take a specific position on the disputes between nations.”

Obama greets troops after assuring them of US ironclad commitment under the MDT. White House photo by Pete Souza.

Obama greets troops after assuring them of US ironclad commitment under the MDT. White House photo by Pete Souza.

Del Rosario must be clutching on what Obama said before war veterans and servicemen on the last day of his visit where he spoke about the 1951 PH-US Mutual Defense Treaty. Obama quoted a line in MDT which says, “common determination to defend themselves against external armed attacks, so that no potential aggressor could be under the illusion that either of them stands alone.”

” In other words, our commitment to defend the Philippines is ironclad and the United States will keep that commitment, because allies never stand alone,” Obama declared to a vigorous applause.

In his post-Obama visit statement, Del Rosario mentioned a 1999 diplomatic letter. He was referring to the letter of then U.S. Ambassador Thomas who said that “the South China Sea is part of the Pacific area.”

What Del Rosario didn’t say, and I’m presuming that he knows this as foreign secretary (otherwise it’s a tragedy) is that the phrase “Metropolitan Territory” excludes islands, rocks and reefs that are in dispute since these were not part of the Philippine territory that the U.S .administered when it granted independence to the Philippines on July 4, 1946.

An encounter between Philippine and Chinese forces in the Philippine-occupied Pagasa island will not make Obama order the soldiers stationed in U.S. facilities in Fort Magsaysay or in other military camps in the country under the newly-signed Enhanced Defense Cooperation Agreement to join the shooting war.

Now, what if “Armed Forces of the Philippines” in the Pacific Area are attacked?

An expert in the South China Sea, who asked not to be named, explained that “’Armed Forces of the Philippines’ that are outside the metropolitan territory refer to ‘public vessels or aircraft’ of the AFP. If China attacks BRP Alcaraz in the West Philippine Sea, then the US is bound by treaty to defend BRP Alcaraz, but not the Philippine soldiers stationed in Pagasa.”

Former Ambassador to the United Nations Lauro Baja, Jr. also noted that the U.S recognizes that the Senkaku islands have been under Japan’s administration while it always says that it takes no position in the conflicts in the South China Sea. “Hence the difference in language,” he said.

He advised Del Rosario to “ just accept the ironclad commitment by President Obama.”

EDCA, he said “ is at best an instrument of hope and I hope it sends the strategic message to China. “
Del Rosario should heed this advice from the veteran diplomat: “Let’s not dilute this expectation by unnecessary talks.”

PH files Memorial in UN case vs China

Foreign Secretary Albert del Rosario and Solicitor General Francis Jardeleza.

Foreign Secretary Albert del Rosario and Solicitor General Francis Jardeleza.


By Ellen Tordesillas, VERA Files

The Philippines submitted its Memorial before the Arbitral Tribunal of the United Nations Convention on the Law of the Sea in The Hague, Netherlands in the suit it filed to nullify China’s 9-dash line map, Foreign Secretary Albert del Rosario said today.

China’s reaction: http://www.fmprc.gov.cn/eng/xwfw/s2510/t1142356.shtml

Del Rosario said the 4,000 page Memorial consisting of 10 volumes “demonstrates that the Arbitral Tribunal has jurisdiction “over the case and that every claim in the Statement of Claim filed on Jan. 22, 2013 “is meritorious.”

China’s 9-dash line map covers almost the whole of South China Sea and encroaches on several parts of Philippine territory.

Solicitor General Francis Jardeleza said they have included Ayungin shoal in the amended Statement of claim. “The Ayungin shoal is within the 200 nautical mile Economic Exclusive Zone of the Philippines and the position of the Philippine government is that the Philippines has sovereign rights and jurisdiction.”

Jardeleza declined to say if the blocking of civilian ships bringing supplies to BRP Sierra Madre grounded in Ayungin Shoal last week is cited in the Memorial.

Jardeleza said the Memorial was submitted this morning electronically to the UN Arbitral Court and the Philippine Ambassador to The Hague Jaime Victor Ledda will submit the printed copies tomorrow.

Following is the full statement of the Del Rosario:

Thank you everyone for your presence here on a Sunday.

Today, the Philippines submitted its Memorial to the Arbitral Tribunal that is hearing the case it brought against the People’s Republic of China under the United Nations Convention on the Law of the Sea in January 2013.

The Philippines’ Memorial was submitted in conformity with the Rules of Procedure adopted by the five-member Arbitral Tribunal last August, which established 30 March 2014 as the due date for its submission.

The Memorial presents the Philippines’ case on the jurisdiction of the Arbitral Tribunal and the merits of its claims. It consists of ten volumes. Volume I, which is 270 pages in length, contains the Philippines’ analysis of the applicable law and the relevant evidence, and demonstrates that the Arbitral Tribunal has jurisdiction over all of the claims made by the Philippines’ in its Statement of Claim, and that every claim is meritorious. It sets out the specific relief sought by the Philippines in regard to each of its claims, and shows why it is entitled to such relief.

Volumes II through X contain the documentary evidence and maps that support the Philippines’ claims, all of which are cited in Volume I. Volumes II through X consist of more than 3,700 pages, including more than 40 maps, for a total submission of nearly 4,000 pages.

The Memorial is the result of an enormous, collaborative effort by the extremely capable and dedicated legal team that has been serving the Philippines in this important case, headed by Solicitor General Francis Jardeleza and a team of lawyers from various agencies, including the OSG, DFA, DOJ, and the Office of the President.

I also wish to thank other government agencies for their invaluable contribution in the generation of documents including:

• The Department of Justice (DOJ);
• The Department of National Defense (DND), particularly the Armed Forces of the Philippines (AFP), Philippine Navy, and Philippine Air Force (PAF) ;
• The Department of Transportation and Communications, particularly the Philippine Coast Guard (PCG);
• The Department of Environment and Natural Resources, specifically the National Mapping and Resource Information Authority (NAMRIA);
• The Department of Energy (DOE);
• The Bureau of Fisheries and Aquatic Resources (BFAR);
• The Foreign Service Institute (FSI);
• And other agencies such as National Museum, National Historical Commission, National Archives, DILG’s Philippine National Police, Municipality of Kalayaan, and the UP Marine Science Institute.

We are also most grateful to our international legal advisers led by Paul Reichler and his team of international lawyers, including Mr. Lawrence H. Martin, Professor Bernard H. Oxman, Professor Philippe Sands, and Professor Alan Boyle for their invaluable guidance and assistance.

Ordinarily, the next step in an arbitration of this nature would be the filing of a Counter-Memorial by the other Party. However, it is currently unknown whether China will appear in the case, or whether it will continue its present policy of abstaining from the proceedings. Under the Rules of Procedure, the Arbitral Tribunal will decide on next steps and advise the Parties.

The Philippines will follow the guidance of the Arbitral Tribunal in regard to the publication of the Memorial. In the meantime, out of respect for the Tribunal and the arbitral process, it is obliged to preserve confidentiality.

With firm conviction, the ultimate purpose of the Memorial is our national interest.

It is about defending what is legitimately ours.
It is about securing our children’s future.
It is about guaranteeing freedom of navigation for all nations.
It is about helping to preserve regional peace, security and stability.

And finally, it is about seeking not just any kind of resolution but a just and durable solution grounded on International Law.

Thank you very much indeed for your kind attention.

Following is the Question and Answer with Jardeleza:

Q & A during the Press Conference on the Submission of the Memorial to the Arbitral Tribunal

On Ayungin issue being included in the memorial:
Yes earlier last month the PH amended its statement of claim to include Ayungin shoal as one of the items subject of the claim in the arbitration. (what are those about the Ayungin shoal included in the memorial?) similar to the claims we have earlier made, the Ayungin shoal is within the 200NM EEZ of the PH and the position of the PH govt is that PH has sovereign rights and jurisdiction. (what about the blocking of PH ships incident?) beyond confirming to you that we have included Ayungin shoal I beg not to comment further until the memorial is made public by the tribunal.

On similar jurisprudence by the tribunal on this case:
Well we have cited in the memorial all of the relevant jurisprudence cases in support of our case. (were there similar incidents before?) again beyond confirming that we cite jurisprudence we will await for the tribunal to disclose the contents of the memorial (how long will it take for them to release the details of the memorial?) no, we will be guided by the good discretion of the tribunal.

On the end goal of tribunal declaring it has jurisdiction over the case:

Yes, the memorial covers both matter of jurisdiction and matters on the merits all at the same time in accordance with the directive of the tribunal so we were ordered to discuss both jurisdiction and merits all at the same time in the memorial (?) again we will wait the guidance of the tribunal how they wish to go forward

On the time frame for tribunal to hand down its ruling & enforceability of the decision on China:
Well first we cannot speculate on the time table that the tribunal will give us I think on the question on what if the PH gets a favorable ruling, the PH has always taken a position that a favorable ruling is a ruling that China as a member of the community of nations is bound legally to accept and implement.

On when the tribunal approves the publication of the memorial, what is next step after this memorial:
Again we will have to wait for the discretion of the tribunal. They will be giving us directions on the next steps (will they ask China to comment on this memorial?) we will have to wait what the tribunal will say.

On what factors can derail the case:
Well we hope there are no factors that will derail our case and we hope that we can get a favorable decision the soonest.

On including an application for provisional measures:
Again I beg to decline top answer there will be a time that we can discuss to you the contents of the memorial.

On other claimants joining the case, how will the case pave the way for other claimants to do the same:
We continue to hope that our neighboring countries who have similar stakes in the SCS will take a position similar to us.

On furnishing ASEAN countries basic info on the memorial:
No the memorial is confidential until we get guidance from the tribunal.

(VERA Files is put out by veteran journalists taking a deeper look at current issues. Vera is Latin for “true.”)

MVP’s intriguing Christmas Party remark about Secretary del Rosario

A happy President Aquino and Foreign Secretary Albert del Rosario.

A happy President Aquino and Foreign Secretary Albert del Rosario.

At the Christmas Party of Metro Pacific Investment Corporation last month at J.W. Marriott Hotel in Hongkong, the company’s chairman, Manuel V. Pangilinan (MVP) made special mention of Foreign Secretary Albert del Rosario saying, “he will soon be rejoining us in the private sector.”

MVP’s remark intrigued other guests who asked each other, “Why, is he resigning?”

(Del Rosario’s statement on this article released in Malacañang: “In my talks with my trusted friend Manny Pangilinan, in December, he is fully supportive of my decision to continue in public service for as long as the President wishes for me to do so.”)

Actually, del Rosario had resigned twice in his almost three years as foreign secretary. (He served as ambassador to the United States during the time of Gloria Arroyo.) The first was in June 2012 after the standoff with China at Scarborough Shoal (also known as Bajo de Masinloc or Panatag shoal) which brought into the picture, much to the resentment of del Rosario, Sen. Antonio Trillanes IV.

Sources close to Malacañang said President Aquino’s reaction was,he was not acting on any cabinet resignations before the May 2013 elections.

Del Rosario again offered to resign after he was told by another cabinet official that the President was displeased with his statement of concern over how Malaysia was maltreating Filipinos during the Lahad Datu, Sabah incident February last year when the followers of the late Sultan Jamalul Kiram III took a stand in the coastal village in Sabah asserting the claim to the territory.

Aquino was more concerned about not displeasing Malaysia, which is brokering the peace talks with the Moro Islamic Liberation Front, than protecting the human rights of Filipinos in Sabah, which the Philippines is also claiming to be part of its territory.

It’s not known whether the Malacañang official relayed Del Rosario’s second offer to resign to the President.

Foreign Affairs is not one of Aquino’s strong points. Thus, it is important that his foreign secretary is competent. He did not have that in the first year of his administration because his sisters, especially Pinky Abellada, insisted on retaining Gloria Arroyo’s foreign secretary, Alberto Romulo, citing family friendship.
The sisters’ insistence of Romulo compelled the President to take back his offer (which was accepted) to be foreign secretary to former Trade Secretary Juan B. Santos, who settled for the chairmanship of the Social Security System.

Provided with a golden parachute as MPIC board advisor, Romulo was finally let go in February 2011.

Administratively, Del Rosario is doing well in the DFA. He is credited for strengthening the career system especially in ambassadorial postings.

The problem with Del Rosario is his blatantly pro-US and anti-China stand. His strategy of “shaming” China in regional and international arena (calling China “duplicitous”) thinking that it would pressure the economic giant into withdrawing from disputed territories has not been effective and has in fact adversely affected the country’s trade, tourism, and labor.

Aquino has realized that relations with China can’t move forward with Del Rosario as foreign secretary. This must have been discussed among his closest advisers because immediately after the May elections last year, Budget Secretary Butch Abad asked Santos if he would be willing to transfer to the DFA. Santos said, “No.”

Sources said the President is considering a career foreign affairs officer to be at the helm of the DFA.

But even with these exploratory behind-the-scenes moves, as long as Del Rosario wants to be in government,he will stay in the DFA.

Aquino does not fire officials. A Malacañang source said it has something to do with the traumatic experience of his mother with the suicide of her then Finance Secretary Jaime Ongpin amid cabinet disagreements.
Don’t expect any changes in the cabinet despite the involvement of some of them in the Jenny Napoles pork barrel scam.

After the devastation of Yolanda and his satisfaction rating still “good”, why would Aquino rock the boat with cabinet changes? In fact he said he will be pressuring them less this year and give them “ a little more breathing room” for fear that they would suffer from burnout.

Expect more of the same.

Related story,reaction to this article:

http://www.abs-cbnnews.com/nation/01/08/14/del-rosario-not-resigning

http://manilastandardtoday.com/2014/01/09/del-rosario-begs-off-from-mvp-s-job-offer/