MASINLOC: Seabed a hotbed of controversy for Philippines, China

Romeo Taneo, right, 39, a fisherman in Masinloc, discusses his loss of income because of the Chinese presence at Scarborough Shoal. (Photo: Thomas Maresca)

China has been dispatching ships and aircraft to enforce its ownership of the South China Sea, infuriating Asian nations whose coastlines also approach the sea.

MASINLOC, Philippines -- Romeo Taneo, 39, has been going to Scarborough Shoal for as long as he can remember.

The rich schools of fish such as tuna found along the chain of reefs and rocks 124 miles from shore have been fished by the people of this Philippine town for centuries. But the 2,000 fishermen of Masinloc haven't gone there in months, not since Chinese vessels arrived to claim the shoal for China even though its coastline is 500 miles away.

"We can't fish there anymore," Taneo said. "Whenever we go near, the Chinese chase us away."

China has essentially said it wants to chase every nation from the South China Sea. It has laid claim to 1 million square miles of the sea and in recent months has been dispatching ships and aircraft to enforce its ownership, infuriating Asian nations whose coastlines also approach the sea.

It's not just for the rich sources of fish that China and others are battling. The World Bank has estimated that the seabed contains huge deposits of oil and natural gas. The sea is a major route for the world's cargo (50% of global oil tankers pass through it). As Asia's economies and populations grow, the food source and the energy resources of the South China Sea will become even more important.

Confrontations that have already taken place between China and its neighbors over the sea could escalate and lead to war,observers of the situation say.

"The situation is quite worrying and we're watching it closely," said Stephanie Kleine-Ahlbrandt, China and Northeast Asia project director for the International Crisis Group. "The continuing presence of claimants' law enforcement and fishing vessels in disputed waters are opportunities for skirmishes that may bring countries down a path they didn't intend."

The shoal, a triangle of rocks about 35 miles around, is one of a number of outcroppings and islands in the South China Sea that the People's Republic of China says the Chinese discovered and claimed long ago. Scarborough is named for a British tea ship wrecked on its rocks in 1784 with no survivors.

In July, China proclaimed the creation of a Sansha, a new city on tiny Yongxing Island that would oversee jurisdiction of the Paracel, Spratly and Macclesfield Bank island groups scattered throughout the sea. In November, China issued passports with a map of China that included about 80% of the South China Sea.

Today it continues to protect Chinese fishing boats that fish shoal waters, even though the shoal is well within the Philippines' a 200-mile zone that all coastal nations can claim as exclusively theirs according to the United Nations Convention on the Law of the Sea.

Vietnam, Malaysia, Brunei, Taiwan and the Philippines have claims to parts of the sea, and some have complained to the United Nations and the USA for help in dealing with China's ownership announcement.

Tensions were high in April when the Philippines tried to act against China. Chinese vessels prevented a Philippine naval warship from pushing out Chinese fishing boats accused of poaching protected species such as sea turtles. Eventually both fleets agreed to go home. but Chinese marine surveillance vessels soon returned and remain. The vessels went as far as to rope off the entrance to Scarborough lagoon.

Caught in the geopolitical standoff are fishermen up and down Zambales, a province on the west coast of Luzon, the largest island in the Philippines.

"We're afraid to go to Scarborough now," said Francis Alaras, who has been fishing for 15 years out of Subic Bay. "Even the Coast Guard is afraid to go there."

Taneo said he used to take in $250 to $500 in a good week catching grouper, Spanish mackerel and tropical aquarium fish around Scarborough. Now he might earn $50 in waters nearer the coast. Some fishermen journey several extra hours to avoid the Chinese-occupied area, burning additional fuel and squeezing their ability to make a profit.

What puzzles many in Masinloc is the suddenness of the change. Taneo said fishermen from several countries used to fish at Scarborough without incident, at times even boarding each other's vessels to swap local delicacies and liquor.

"Why now?" he said.

Harry Roque Jr., a professor of law at the University of the Philippines, urged Manila to bring the Scarborough case before the U.N.'s International Tribunal on Law of the Sea, which could issue a binding provisional decision. China and the Philippines are both signatories to the treaty.

"It would be the perfect way to defuse the tension if there is in fact a provisional measure," Roque said. "Of course there's no guarantee China will comply with it, but I think it's very clear that in modern history no state wants to be branded a violator of international law."

Philippine Foreign Affairs Secretary Albert del Rosario has also called for international arbitration in the Scarborough standoff.

"While we are at a disadvantage in terms of our resources and capabilities, it is our belief that international law is the great equalizer and that right is might," he said.

A trader works at Subic Fish Port at dawn in Subic Bay, Philippines.(Photo: Thomas Maresca)

China, however, has said it would not accept an international judgment and will only resolve the matter in one-on-one talks with individual countries, which its smaller neighbor the Philippines says puts it at a severe disadvantage.

The conflict has gotten the Philippines to turn for help to a former hated enemy, Japan, whose occupation of the Philippines during World War II is not forgotten here. Last week Japanese Foreign Minister Fumio Kishida pledged 10 patrol ships and communications equipment for the Philippines coast guard, according to media reports. Japan is fending off similar territorial claims that China his pressing over the Senkaku Islands in the East China Sea.

The United States has stayed neutral in the territorial disputes, saying only that they should be resolved through negotiation. The USA and the Philippines held discussions in December that del Rosario says should result in an increased naval rotational presence in the Philippines that "will serve to guarantee peace and stability in the region."

Murray Hiebert, deputy director at the Center for Strategic and International Studies, says U.S. interests lie most clearly lie in maintaining the unrestricted movement of trade in the South China Sea.

"Freedom of navigation is absolutely critical," he said. "A whole lot of oil and iPads move through there."

China shows little sign of backing down, however.

In November, the Chinese province of Hainan said it police vessels may board and search foreign ships that "illegally" enter Chinese waters.

"If China persists in its view that (the South China Sea) is a Chinese lake, then we're headed for conflict," Roque said. "And I think every single nation on earth that wants to use the seas will have an interest in it."

For now, solutions seem scarce. Some observers suggested that joint development of fishing and hydrocarbons in disputed areas is a reasonable way forward. But the charged environment is making cooperation increasingly difficult.

"If the political will were present, (joint development) would be possible," said Robert Beckman, director of the Center for International Law at National University of Singapore. "However, under the present political climate, it seems unlikely."

In Masinloc, the fishermen are looking to the future with a characteristically Filipino blend of fatalism and optimism. Masinloc's fishery officer, Jerry Escape, says people are looking at other ways to earn a living, such as establishing more fish hatcheries to increase fish stocks closer to shore and promote tourism of its pristine areas.

"We will find a way," he said. "We are Filipinos. That is what we do." (http://usat.ly/10hZOcB)

USA TODAY

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Philippines could lose almost 50% of the Territory in continuing Panatag Shoal Stand-off

 

Losing almost 50% of Philippines Territory to China

It is another heart nauseating Monday to realize that we are in the BRINK of LOSING ALMOST HALF OF OUR PHILIPPINE TERRITORY TO CHINA for the continuing Standoff between the Philippines and China in our territory in Panatag Shoal (Bajo de Masinloc / Scarborough Shoal) in Zambales Province.

Our Government is already out of option to solve the Stand-off so it's our turn Citizens of the Philippines to Stand for our country. If Government to government could not solve the issue, then I think WE people of the Philippines might.

I am a bit embarrassed also with the comments of Vietnamese in their Vietnamese websites saying "that we Filipinos" are "LOUSY COWARD" in protecting our Philippine territory that china won a control over the Panatag shoal (Bajo de Masinloc / Scarborough Shoal) without even a single outburst of bullets.

It is a very humiliating words of Vietnamese towards us but it seems that they are right for those who believe that Vietnamese are right but for those who believe that we are NOT coward, then step forward and prove it without initiating trouble but a peaceful unity to oust the Chinese occupancy in our territory.

It's already 2 areas in our country is are under control of China. 1 is in the Panganiban Reef or Mischief Reef of 75 Miles from Puerto Princesa City in Palawan and now the Panatag shoal (Bajo de Masinloc / Scarborough Shoal).

My Fellow Citizens, we already lost our Dignity as "Filipino" because we could not defend our land. We need to step up forward for a rebound to be respected because a nation could NOT be called as a sovereign nation if it has no capability to defend its territory. Do we have a capability to defend our territory? YES we have millions of people to defend this land.

I am NOT calling for war here but calling the people to unite and let's have a brainstorming to form a peaceful strategy to drive away the invading china. We don't need to engage any war here because WAR is a GAME of losers but it's the only last options of a blind to bite and eat the mighty lion alive when pushed in a deadlock corner. We could not also afford to see any casualties while there is still a remaining strategy in which the United Nations could implement the International law and sanction the violating countries. Why don't we oust the United Nations' office in Manila if it is already rusted and will not function anymore? It is useless for them to be there if they created a law and they could not implement it.  

7,107 Islands with only few are occupied

I think the world, the neighboring countries, and WE Citizen of this country must have to understand that the Philippines is comprised of more than 7,100 Islands which many are not yet populated because it could not sustain life as many of those islands are out of fresh waters.

I hope also the invading neighbors MUST respect the fact that the Philippines of thousands of islands are not the same with the geographic structure of their country.

Their argument of "uninhabited islands" is WRONG because even in thousands of islands of different provinces in the Philippines, we still have few thousand of uninhabited islands because of the absence of fresh waters. Then does it mean that because we did not populate those islands in our different provinces then the neighboring countries have the rights to occupy and control them?

The case of the (Spratly Islands) Kalayaan Group of Islands in the Province of Palawan and the Panatag Shoal (Bajo de Masinloc / Scarborough Shoal) of the Province of Zambales are common cases in the other provinces of the Philippines that many islands and islets remained uninhabited until this time because of the absence of  the fresh waters.

The issue of "Uninhabited Islands" is not applicable to the Philippines but "Proximity and 200 Nautical Miles Exclusive Economic Zone" is the most appropriate to apply.

2000 un-armed Explorer

I am now even thinking to form a legion of explorer for at least 2 thousand un-armed patriots to clear the Panatag Shoal.

If the Government to Government could not solve the problems then why don't we allow our locals of Zambales to Fish and to stay inside the Shoal, then clean the messed of the Chinese invaders and monitor them there?

Why the government thinks that it could only escalate further the situation if we will send or we will allow the civilians to go there and to fish there as their usual daily activities before china creates trouble in the area?

If we could have at least 2,000 un-armed people, do you think that there are soldiers will kill them? They are civilians. If anyone will slay the un-armed civilians then it is the job of the United Nations to punish the criminals if this country's law is toothless to bite the criminals.

The escalation will further escalate if we will just sleep in our room and wait for nothing to happen then will wake up tomorrow with new flag, new language and new characters in every walls.

This triggers me a doubt about the rumor of "CONSPIRACY" in the Panatag Stand-off that could be true. The questions are what's conspiracy? Who are conspiring? Who are involved?

The Malaya publication "Chinese 'occupation' of Bajo de Masinloc could reduce PH territorial waters by 38 percent"

 In Malaya Business Insights article Published on Monday, 21 January 2013, Written by ELLEN TORDESILLAS - VERA Files, this article would really awake us from a deep sleep that if we will keep sleeping, we would be losing our territory anytime soon.

MALAYA: The Philippines is at a loss over China's declaration its ships will stay permanently in Bajo de Masinloc, a declaration some experts say could lead to the Philippines losing 38 percent of its territorial waters.

Bajo de Masinloc, a triangular-shaped coral reef formation that has several rocks encircling a lagoon, is located 124 nautical miles west of Masinloc town in Zambales in the northwestern part of the Philippines.

"The shoal is under virtual occupation by China," said former foreign undersecretary and former Philippine Permanent Representative to the United Nations Lauro Baja.

Foreign Secretary Albert del Rosario confirmed this, saying, "In a subministerial consultation, Chinese Vice Foreign Minister Fu Ying had said to our people that China's presence was permanent and they had no intention of withdrawing their ships from the vicinity of Bajo de Masinloc."

The National Mapping and Resource Information Authority (NAMRIA) says Bajo de Masinloc has an area of about 120 square kilometers. It is also referred to as Panatag (calm in Pilipino) by fishermen who seek refuge in the area during stormy weather.

Its international name is Scarborough shoal after the tea-carrying British boat Scarborough which sank in the vicinity in 1784. China also claims ownership of the shoal which is 467 nautical miles away from its mainland, and refers to it as Huangyan Island.

Republic Act 9522, which defines the country's archipelagic baseline, includes Bajo de Masinloc as part of Philippine territory. The law classifies it as a regime of islands under Art. 121 of the Law of the Sea Convention (LOSC), which means it generates its own territorial sea, exclusive economic zone (EEZ) and continental shelf.

Under UNCLOS, "an island is a naturally formed area of land, surrounded by water, which is above water at high tide."

An island generates its own maritime regimes, which are 12 nautical miles (nm) for territorial sea, 24 nm for contiguous zone, 200 nm for EEZ and 200 nm continental shelf.

Under this definition, the Chinese claim over Baja de Masinloc means the Philippines risks losing not only the 120-square-kilometer strategically vital reef formation but also some 494,000 square kilometers EEZ, representing 38 per cent of the country's EEZ.

One of the Philippines' options to protest the Chinese encroachment is going to the United Nations International Tribunal on the Law of the Sea (ITLOS), the arbitration arm of UNCLOS, of which the Philippines and China are signatories.

Legal experts say the Philippines can ask the ITLOS, which does not deal with territorial disputes, to declare Bajo de Masinloc as a rock rather than an island.

UNCLOS said, "Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf."

Retired Philippine Navy Commodore Rex Robles, who has been to the area a few times for gunnery practice, declares that "Panatag shoal is a rock."

"It cannot support human life. It is not an island," he concludes.

Lawyer Romel Bagares, executive director of Center for International Law (Philippines), said RA 9522 "does not actually specify whether Bajo de Masinloc consists just of uninhabitable rocks or is capable of economic life pursuant to Art 121 of the UNCLOS. This could be one way of arguing ITLOS has jurisdiction, especially as to the interpretation of provisions. It's a pragmatic approach, no doubt."

What is obvious, Bagares said, is that RA 9522 assumes that the shoal is part of Philippine territory in the fullest sense of the term.

Del Rosario said, "To the extent that their three ships are within our exclusive economic zone, this is in gross violation of the DOC and UNCLOS."

DOC is the Declaration of Conduct of Parties in the South China Sea signed in 2002 by members of the Association of Southeast Asian Nations, four of them part claimants to islands in the South China Sea, and China. UNCLOS is the United Nations Convention on the Law of the Sea.

Baja said, "When our ships withdrew from Bajo de Masinloc in June and now (we) could not access the area, the shoal became under virtual occupation by China. "

Baja, who drafted the DOC with Malaysia's Abdul Kadir, also said Chinese occupation of the disputed shoal has changed the status quo, contrary to the DOC.

Baja said China is exercising what the International Court of Justice (ICJ) calls "effectivités."

"This is the basis of the Court's decision on the Ligatan Sipadan case where the court awarded the area to Malaysia over Indonesia. Also the same principle in the case between Chile and Peru and between Nicaragua and Guatemala," he said.

Baja said, "We must act and interact before we lose the territory by default and/or estoppel."

Seven months after China's occupation of Bajo de Masinloc, the Philippines is still "reviewing" its options.

Asked about the Philippines' response to China's declaration it has no intentions of pulling out their ships from Panatag shoal, Del Rosario said, "We are reviewing all our options in accordance with our three track approach encompassing the political, legal and diplomatic means."

President   Aquino   has refused to discuss publicly the Philippine efforts on Bajo de Masinloc because he said doing so would be "giving the other side a preview of everything that we will do."

He said, though, in October at a forum at the Foreign Correspondents Association of the Philippines that the matter "is still being studied by our consultants."

Experts point to two options available to the Philippines: the military option—which is not really an option considering the inferior state of the Philippine Navy compared with China's naval might—and the legal option.

 ***

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

This is Prince Dan We again, and I am thankful for all the followers in this site. I hope that my call for unity would be heard and I hope when you vandal the wall of this site for your comments, you will take responsible of your words, and avoid "fighting" because we are here for unity not destruction. 

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President Aquino, delegation leaving for Switzerland on Jan. 23 World Economic Forum

President Benigno Aquino III will leave shortly before midnight of Wednesday, Jan. 23, for Davos-Klosters in Switzerland for the World Economic Forum (WEF), Malacañang said Saturday.

Deputy presidential spokesperson Abigail Valte said Aquino and his delegation will leave at 11 p.m., and return to the country on Sunday, Jan. 27.

"He was invited to give the keynote speech at the partnership against corruption event where he will share the Philippine experience in battling corruption," Valte said on government-run dzRB radio.

She also said Aquino will meet and discuss issues with global business leaders, and make a pitch for the Philippines as "under new management and we are open for business."

Aquino will also meet with the Filipino community in Zurich on Jan. 26 before returning to Manila, she added.

Valte said Aquino's delegation will have Cabinet members, including:

1. Foreign Affairs Secretary Albert del Rosario
2. Finance Secretary Cesar Purisima
3. Budget Secretary Florencio Abad
4. Trade Secretary Gregory Domingo
5. National Economic and Development Authority head Arsenio Balisacan
6. Cabinet Secretary Rene Almendras
7. Presidential Communications Development and Strategic Planning Office head Ramon Carandang

An article on Radio TV Malacañang (RVTM) said some 1,000 member-companies and heads of state will participate at the annual WEF meeting.

It said the WEF aims to facilitate global, regional and industry transformation.

"The President is scheduled to address the WEF's activity on 'Anti-Corruption Reception' hosted by the forum's partnership against corruption.  A series of meetings will also take place at the sidelines of the said forum which includes the ASEAN plenary session on 'Resilience in Diversity,'" it added.

RTVM said Aquino will also meet the Filipino community in Zurich where donations will be turned over to the Philippine government for the victims of Tropical Cyclone Pablo (Bopha). (http://bit.ly/VdhHsT)

GMA News 

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Manila, Cebu Up the List of Preferred BPO location in the World

Manila and the Cebu City again carved their name as among the top preferred outsourcing destinations in the world, ranking third and eighth in the list of emerging business process outsourcing (BPO) sites based on a study by investment advisory firm Tholons.

Manila's ranking improved by a notch from last year, an indication of the improving status of the country in terms of being a preferred BPO site around the world.

"Cebu is now ranked 8th in the Tholons Top 100 Outsourcing Destinations Report for 2013, which is a rank higher than in 2012," said Cebu Investment and Promotions Center (CIPC) Managing Director Joel Mari Yu.

"This means Cebu City continually displays its great competency in the global outsourcing industry," he said.

Yu added that the improvement is a "big thing" to celebrate in the face of challenges in manpower availability.

Apart from Cebu and Manila, Tholons cited five other cities in the Philippines – Davao, ranked No. 70; Sta. Rosa, Laguna, No. 84; Iloilo City, No. 93; Bacolod City, No. 94; and Baguio City, No. 99.

Cebu Educational Development Foundation for Information Technology Inc. (Cedf-it) Executive Director Jun Sa-a said Cebu deserves to be promoted in the 2013 Tholons list as it has proven it could scale and improve the quality of its manpower.

"This is a proof that the Philippines is giving India a serious challenge in this industry," Sa-a said.

Jerry Rapes, chief executive officer of Exist Global, shared the sentiment. He attributed Cebu's improved ranking to the hard work and collective effort of industry players, government and the academe.

"This is a validation that what we are doing is good but we should not just maintain that standing, we should move forward," Rapes said.

Availability and quality of workers were among the criteria in selecting the top outsourcing destinations. CIPC estimates that there are about 95,000 people employed in the BPO industry in Cebu.

It also said that the average of 24,000 college graduates produced every year, complemented by skilled young individuals who want to start their careers in the BPO industry, has helped Cebu strengthen its reputation as a BPO destination.

"The primary roadblock for Cebu to advance higher is the lack of qualified manpower," Yu said.

He admitted that while Cebu City has good infrastructure, demonstrated its capability in almost all IT spectrums, it still falls short in providing the industry with qualified IT/BPO workers.

Yu said that in 2012 alone, about 20,000 to 25,000 jobs were generated by new companies that set up businesses in Cebu.

"Cebu continues to have challenges to face before it can become the top business process outsourcing destination, especially because the competition in many surrounding areas of Asia is fierce. Cebu will have to work to continue to build its reputation as an outsourcing leader to make it to the top," Yu concluded (http://bit.ly/VvLpKI)

Manila Bulletin 

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Filipino-Chinese in the Philippines questioned and criticized the US Warship stranded incident in Tubbataha

I don't wanna take side between the US Navy and the independent World Wide Fund (WWF)'s issue for the recent incident of US minesweeper warship stranded at the world's most protected and most important reef, the Tubbataha reef of the Sulu Sea.

 Well you may ask where is Tubbataha reef? The Tubbataha National Marine Park is located at the Central Sulu Sea, is a marine sanctuary containing a reef of enormous size. It was established on August 11, 1988 with an area of 332 km² (82,000 acres). A 98 nautical miles (181 km) southeast of Puerto Princesa City in the Palawan Province. The reef is made up of two coral atolls divided by an eight-kilometer (5 miles) wide channel. The South Atoll, the smaller of the two is five kilometers in length and three kilometers in width; while the North Atoll, the larger of the two is 16 kilometers (9.9 mi) long and five kilometers (3 miles) wide.(Knipp 22) Each reef has a single small islet that protrudes from the water. The atolls are separated by a deep channel 8 km (5.0 mi) wide. It is also nominated at the New 7 Wonders of Nature.

A Chinese origin Jose Ma. Lorenzo TAN, WWF-Philippines vice chairman and chief executive officer in the Philippines criticized the US Navy for diverting their trip to the Tubbataha marine park instead of going directly to Puerto Princesa.

Me, as a keen political issues observer and follower with an in-depth knowledge about environment issues, I am a bit concern of the 10 meter destruction of the corrals in the Tubbataha reef for the UN Navy Mine sweeper incident because it takes hundred years  to replace them but I am very much concerned of Jose Ma. Lorenzo TAN's presence in the Philippines as he seems to be a defector and a communist china spy in the country.

What makes me worried of Jose Ma. Lorenzo TAN? Because this man is so quiet and never criticized the china's activity in the West Philippines Sea (South China Sea). Australian environmentalist are already voicing their concern of the effect of the heavy traffic at sea in the West Philippine sea that could have an adverse effect to the environment which could harshly affect the ocean waters living organisms, corrals and environment in the Philippines particularly in Palawan and the corrals adjacent to it which we could count the Tubbataha reef.

Why this Jose Ma. Lorenzo TAN is also so quiet for the continuous poaching of Chinese fishermen catching endangered species of green turtles in the West Philippines Sea and in Scarborough Shoal? I did not hear any comment from this Chinese Jose Ma. Lorenzo TAN criticizing china.

I could have the rights to question the US Navy for going there but I could not criticize them because it is part of their mission is to clear the waters in the Philippines for possible mines planted by any pirates, terrorist or even the communist china subs which we don't know if they are entering the country because we don't have radars to monitor our waters. This US Navy mine sweepers also need  to explore the water in the Philippines and be familiarize all the features so they would be ready how to defend this country from this communist china invader if they will extend  further their illegal occupancy of the Philippines territory from 75 Miles distant from Palawan, the Mischief or Panganiban reef to the Sulu Sea to the inner part of the country. Taiwan is really right. The Philippines is heavily bullied by china.

To all the netizens, if you have read many articles online, many Chinese are claiming that the world's most beautiful reef, the Tubbataha reef in the Sulu Sea was once part of china territory and they are planning to claim it back. Though their claim is not supported by the communist china government's publication but their communist government is fun of brainwashing their people and telling them lies that the Philippines was once part of china. I just wondering why the Sulu Sea is now included in the china's claim? Not in the history of the Sultanate of Sulu to be part of China.

The Inquirer Global Nation publication yesterday titled "US Navy ship stuck in Tubbataha: Why there?" really triggered my grave concern that some Filipino Chinese in the Philippines are starts depicting to support the communist china which these people are threats of this country and must be deported from where they really came from.

Inquirer: A US Navy warship that ran aground on the Tubbataha Reefs Thursday (January 17, 2013) did not coordinate with local authorities about its passage, something that the World Wide Fund for Nature (WWF) said was contrary to the protocol among foreign and local ships crossing the waters near the World Heritage Site in the Sulu Sea.

"Why were they even near Tubbataha? The Sulu Sea is so vast, and it takes 10 hours from Puerto Princesa to reach it. Why couldn't they see it when they had all the state-of-the-art maps and navigation systems?" said Jose Ma. Lorenzo Tan, WWF-Philippines vice chairman and chief executive officer.

"I understand that it was an accident. But it seems they are not showing good faith, considering we're supposed to be allies, and we even have the Visiting Forces Agreement," Tan said.

The ship "entered without a permit" in violation of Republic Act No. 10067, or the Tubbataha Reefs Natural Park Act of 2009, Angelique Songco, a protected area superintendent and head of the Tubbataha management office, told Rappler.

The Tubbataha Reefs Natural Park lies at the center of the Sulu Sea. It protects almost 100,000 hectares of high-quality marine habitats containing three atolls and a large area of deep sea.

Mum on damage to reefs

The US Seventh Fleet said the USS Guardian (MCM-5), a 68-meter minesweeper, grazed the reef and got stuck some 128 kilometers off Palawan as it sailed off to its next port call before dawn Thursday.

"The Avenger-Class ship had just completed a port call on Subic Bay, Olongapo City and was en route to her next port of call when the grounding occurred. The government of the Philippines was promptly informed of the incident," the Seventh Fleet said in a report posted on its website.

The Seventh Fleet said that "no one was hurt" in the incident and that the cause of the grounding was being investigated.

"The crew is currently working to determine the best method of safely extracting the ship. The cause of the grounding is under investigation," the US naval unit said.

The Seventh Fleet's report was, however, silent on possible damage on the Tubbataha Reef, an atoll coral reef hosting some of the densest concentrations of marine life and is known as one of the world's best diving spots.

Resupply, recreation in Subic

The ship, among US naval assets deployed in Sasebo, Japan, arrived in the Philippines and docked at the former American naval base on Subic Bay on Sunday for a routine refueling, resupply and rest and recreation stop.

The ship, manned by some 80 sailors, including Filipino-Americans, also made a brief visit to Puerto Princesa before heading off to its next port call early Thursday. No media coverage was arranged for the port call.

PH kept in dark

Tan questioned a US Embassy statement that the US Navy had promptly informed Philippine authorities about the ship running aground.

"The question is: Who did they inform? The governor of Palawan (Abraham Mitra) did not know. The Tubbataha Protected Area Management Board did not know. The Western Command (of the Armed Forces of the Philippines) did not know," he said.

Tan said the Tubbataha park rangers only knew about what happened when they spotted the ship.

"There were eight rangers on speed boats. And they could not even approach. The ship was on general quarters (alarm)," he said, referring to an announcement on naval ships preparing the ship's crew for battle or imminent damage.

10 meters of coral ruined

WWF is one of the partners of the Tubbataha Management Office, the implementing arm of the Tubbataha Protected Area Management Board (TPAMB), the agency carrying out day-to-day operations in the protection and conservation effort for the reef.

The ship might have destroyed "at least 10 meters" of coral reef serving as haven to countless species of marine life, according to Tan.

He said information relayed to him following an aerial survey of the site of the accident by the Philippine Air Force appeared to indicate that the USS Guardian rammed through at least 10 meters of coral.

"By our estimates, the size of the damage to the reef is at least 10 linear meters. Multiply that by the width of the ship and that could be the entire area of damage," he said in an interview by phone.

According to the USS Guardian website, the width of the minesweeper is 11.88 meters or 39 feet.

Tan said it was difficult to assess the extent of damage, as well as its implications in the marine life in the area, but it would definitely affect the fishing grounds in surrounding waters.

"It's possible that the corals will not grow back at all," he said when asked how long the reef would recover.

Pay fine

Tan said the US government must own up to its responsibility and pay the standard fines imposed by the Tubbataha Protected Area Management Board.

"They must do as Greenpeace did," he said, referring to the 2005 incident when the environmentalist organization's ship ran aground and damaged a reef in the Tubbataha, for which it paid a fine of almost P400,000.

The US Navy may be fined P12,000 per square meter of damaged corals.

National treasure

The Department of Foreign Affairs (DFA) said the government was concerned about the damage the ship's impact may have caused on the reef.

"For the moment, our main concern is to ensure safety of navigation in the area and to mitigate this incident's impact on the reef, which is a natural and national treasure," said Assistant Secretary Raul Hernandez, spokesperson of the DFA.

Hernandez said it was coordinating with the US Embassy, the Philippine Coast Guard, the Armed Forces of the Philippines and the Department of National Defense in investigating the incident.

No oil leak

In a statement issued late Thursday, the US Embassy said the ship that ran aground off Palawan was not leaking oil into Philippine waters.

"The extent of damage to the ship and the cause of the grounding are under investigation, but there are no initial reports of leaking of fuel or oil," the embassy said.

It further said that safeguarding the ship's crew and preventing environmental damage "are the US Navy's top priorities."

Questions raised

The militant Bagong Alyansang Makabayan (Bayan) questioned the presence of the US minesweeper, saying it "again raises questions regarding US military presence in the country" under the Philippine-US Visiting Force Agreement.

"It appears that the country is a de facto outpost for refueling, supply and rest and recreation, much like during the time of US bases, but minus the formality and absent a treaty," said Bayan secretary general Renato Reyes Jr.

The Philippines ousted US bases in 1991 but remains a steady defense ally of the United States, with a standing Mutual Defense Treaty for six decades.

Last year, US ships made 197 port calls in the Philippines, while some 444 American aircraft were cleared for landing in the country's airports, according to the DFA.

Drone

The incident followed the recovery of an unarmed US aerial target drone off the coast of Masbate earlier this month. The Philippine government ruled out any sovereignty issues in the incident as the drone was not launched within Philippine air space.

The US Embassy said the drone, the type used for military drills and not for surveillance, was launched from a US Navy destroyer in September during large-scale US naval exercises in Guam and was swept to the Philippine coast by ocean currents.

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My compatriots let's keep an eye for the situations. These make me sleepless each night since the Scarborough Shoal Stand-off until the recent development in the West Philippines Sea which is really disturbing to the peace situation of the Asia Pacific Region. I am calling for unity. We need to discuss this matter seriously.

This is Prince Dan We, one of the editors of the Rebuilding for the Better Philippines. 

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More Business Missions to Investment opportunities in the Philippines

The Philippines is experiencing a record number of inbound business missions. The Board of Investments (BOI) recorded a total of 487 inbound business corporation visits from January to October, 2012 – 147 individual company visits and 34 multi-company delegation missions.

The Department of Trade and Industry expects the visit of more business missions from six countries –

1. German
2. Sweden
3. Italy
4. England
5. Turkey
6. France

The above six countries to explore investment opportunities to help attain the goal of R300 billion investments this year are on top of traditional investment sources such as Japan, South Korea, and Taiwan. The increase in inbound missions is attributed to transparency and dynamism of the Aquino Administration, and the confidence of foreign investors. The Philippines is among the world's booming markets; international credit ratings agencies upgraded its rating to an investment grade, citing a steady growth pace. There is also renewed interest from the United Kingdom (UK), France, and Canada, and growing interest in non-traditional markets like Russia, Turkey, Middle East (Oman, Iran, Qatar, Kuwait, Abu Dhabi), and Nigeria.

In November 20-23, 2012, the Philippines welcomed, for the first time in 65 years, a big Italian business delegation, the Confederation of Italian Industries, Italy's biggest association of manufacturing and services companies, that met with trade associations here such as the Philippine Chamber of Commerce and Industry, the Federation of Filipino Chinese Chamber of Commerce and Industry, the Italian Chamber of Commerce of the Philippines, and the European Chamber of Commerce of the Philippines. The UK Trade and Investment, the body that connects UK firms to the global market, is considering ways to tap the Republic of the Philippines' economy and invest in infrastructure, health care, and transport.

A Philippine business mission to Ankara, Turkey, last year presented to investors the country's growing economy, indicated by unprecedented growth in the stock market, inflow of overseas Filipino workers remittances, steady export growth, 22% increase in BOI approvals, domestic financial sector, efficient revenue collection, and improving global competitiveness ranking. In 2012, there were 18 outbound missions, a number of which were BOI-led, to Taiwan, Singapore, Korea, Malaysia, Japan, Hong Kong, China, Australia, and Cambodia, for prospects in electricity generation and transmission, hydropower, tourism, energy, e-vehicle, agro-business, shipbuilding, and investments in economic zones and in Mindanao.

The Manila Bulletin, led by its Chairman of the Board Dr. Emilio T. Yap, President and Publisher Atty. Hermogenes P. Pobre, Executive Vice President Dr. Emilio C. Yap III, Editor-in-Chief Dr. Cris J. Icban Jr., Business Editor Loreto D. Cabañes, Officers and Employees, congratulate the Department of Trade and Industry headed by Secretary Gregory L. Domingo and Board of Investments Managing Head Undersecretary Adrian S. Cristobal Jr., and wish them all the best and success in their partnership to attract more foreign investors to the Philippines. (http://bit.ly/Xb3LgQ)

Manila Bulletin 

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Taiwan tagged “the Philippines” as China’s most bullied country – Japan come to the rescue.

"The China Post" online news paper tagged "the Philippines" as China's heavily bullied country.

The Senkaku island disputes with China and Taiwan is the boiling point which evaporates Japan from the close pot and landed to the Philippine' tropical shore for Military strategic alliance.  

It is not in the eye of Japan to make alliance with the Philippines in connection with the territorial disputes with china as it would only hurts their sweet economic relation that would probably affect Japan's economy, but a destiny which is sit to happen has finally happened.

Japan is closing their factories in china and in a migration exodus with South Korea to move their factories to the Philippines because of the rising labor costs in China.

The rising labor cost in China could not be the only reason but also the island disputes with china in the Ieo do of South Korea's Exclusive economic Zone and Senkaku Island of Japan.

The recent aggressive action of china in claiming the thousand of Kilometers distance - Southeast Asean territories triggered a worry to South Korea as china send a signal to control the Ieo-do (Ieo Island) in the southwestern part of Jeju which was administered by South Korea pushing them to intensity their new Military base in the area to protect their territory.

Japan on the other hand suffered an economic sanction of china for the Senkaku Island disputes reason why Japan jumps to the Philippine for alliances as their mostly protected economic success with china is fading fast as sunset.

When the Philippines is crying for help from the USA during the Scarborough Shoal's Stand-off with china, USA is hesitant to commit with the Philippines's signed MDT. Opposite from what the Philippines is hoping for, a Philippine envoy was sent to the White House to ask for public commitment that the USA will honor the Mutual Defense Treaty (MDT) but ended up with embarrassment as the USA ignored the Philippines with a word "We will not take side in any sea dispute with other Asian countries".

Japan has lost all the choices than to make alliance with the very weak defense Philippines as one of the most important country which is heavily bullied by china's invasion in its territory. This is the second plan to Japan which seem to be timely and mostly welcome by the Philippines.

"The China Post" online news paper's published article titled "Japanese foreign minister visit shot in the arm for Philippines" also tagged the Philippines as Chinas' heavily bullied country.

The China Post: Seven decades after the Japanese invasion of the Philippines, history has taken an ironic turn as the two former enemy nations pivot their relations on a security alliance under the threat of Chinese expansionism in the East China Sea and the West Philippine Sea (South China Sea).

This alliance is anchored on the security architecture linking the United States, Japan, the Philippines and Vietnam — all onetime enemies, not only in World War II but also up until the Vietnam War in the 1960s and 1970s.

This tectonic shift in defense realignment in the Asia-Pacific region was underlined by the historic visit to the Philippines last week of Japanese Foreign Minister Fumio Kishida.

The pivotal position of the Philippines in this nascent realignment was highlighted by the fact that Manila was the first Southeast Asian capital Kishida visited in his four-nation Asia-Pacific swing following the election on Dec. 26 of nationalist Prime Minister Shinzo Abe. Kishida's tour included Singapore, Brunei and Australia.

Like Japan, the Philippines and Vietnam bear the brunt of China's pressure in asserting its claims on territories in the East China Sea and West Philippine Sea, claimed by partners in the emerging alliance. The disputes have caused tensions in the region that have raised fears these could ignite dangerous flash points, leading to war.

Strategic Partner

Kishida's visit underscored the Philippines' role as Japan's strategic partner in the Asia-Pacific region. In a message ahead of his arrival, Kishida cited the importance of Japan's Asian neighbors, particularly the Philippines, in advancing the security between Japan and the United States to counter the rise of China as a military power in the region.

The Philippines and Japan have defense treaties with the United States that are the anchors of its security system in the Asia-Pacific.

Kishida did not disguise the security accent of his tour and Japan's concern over the rising tensions between Tokyo and China over disputed islands in the East China Sea.

"Currently the strategic environment in the region continues to change significantly," Kishida said. "Japan, as a responsible democracy, will play a proactive role in the stability and prosperity of the Asia-Pacific region. I believe that it is important to strengthen the Japan-U.S. alliance and deepening collaboration with neighboring countries which are developing under freedom, democracy and market economy."

The meetings between Kishida and Philippine officials went beyond platitudes and rhetoric. They agreed, among other things, to enhance the military hardware of the Philippines to resist aggressive actions by China in the strategic waterway where Beijing is locked in territorial disputes with the Philippines, Vietnam, Brunei, Malaysia and Taiwan.

Common Challenges

The Wall Street Journal reported that Philippine Foreign Secretary Albert del Rosario and Kishida "discussed the common challenges" that the two countries "face in terms of the apparent assertions of China," as well as the "possibility of sharing their strategies in dealing with these issues."

In concrete terms, Japan has agreed to provide the Philippines with 10 multirole response vessels to assist the Philippine Coast Guard (PCG) in better patrolling Philippine maritime territories. According to Del Rosario, the patrol boats are expected to arrive in the Philippines in 18 months.

The military procurement from Japan followed an increasing flow of weapons and armaments over the past two years from the United States, Italy and France to beef up the firepower of the PCG — the weakest maritime defense force among the countries with rival claims in the West Philippine Sea.

China's maritime forces have been prowling at will, with impunity, in waters where the Philippines, for instance, claims ownership of islands as part of its exclusive economic zone under international law.

Kishida's visit came as a shot in the arm for the Philippines, the country most bullied by China. In an interview with the Financial Times newspaper last month, Del Rosario said the Philippines would strongly support a rearmed Japan shorn of its pacifist constitution as a counterweight to the growing military assertiveness of China.

Balancing Factors

"We would welcome that very much," Del Rosario said. "We are looking for balancing factors in the region, and Japan could be a significant balancing factor."

The statement upset China, which has accused the United States, Japan and their allies in the emerging realignment of building a ring for the "encirclement" of China.

At the end of Kishida's visit, President Aquino poured fuel on the fire of China's concern with a statement that a stronger Japan would be a counterweight to the "threatening" presence of China in the West Philippines Sea.

At a joint press briefing with Del Rosario, Kishida called for stronger ties with the Philippines to "ensure regional peace," amid tense territorial disputes in the West Philippine Sea.

"On the political and security front, we agreed on strengthening policy dialogue and enhancing maritime cooperation on other matters," Kishida said.

This was music to the ears of Philippine officials. The president and Kishida also discussed "common challenges" that both the Philippines and Japan face with China's growing assertiveness in the West Philippine Sea.

More important to Filipinos is that the Philippine-Japan entente has gone beyond tough words without teeth. The meetings with Kishida hit hard ground. They talked about Japanese help in improving the PCG's capability — so Philippine naval ships can fire back and sink enemy ships.

"The acquisition of multipurpose vessels is undergoing serious consideration," Del Rosario said.

This is the kind of language that China respects because these are words backed by military hardware.

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Many Economy Army abroad, the OFWs are crying from shame of having their beloved country left without them is heavily bullied. They are crying that the Philippines has lost its dignity for its inability to protect its territory as it is ill-equipped and weakest arm in Asia.  Several nationalistic groups informally formed by OFWs to generate fund for the armament upgrade for the Armed Forces of the Philippines but before it's launching, it ended up a BIG SNUB, from the Chief of Staff of the Philippines, General Jessie Dellosa as it believes to contribute only severe conflict and trouble with china.

The campaign for fund raising for Armament upgrades ended to tears of the loving and nationalistic compatriots abroad as no approval given to them.

My Fellow Citizen, day by day we are facing more and more complication and challenges in our backyards as not only 1 or 2 countries but several neighbors are interested to invade our land in the West Philippine Sea.

This is Prince Dan We, one of the editors of the Rebuilding for the Better Philippines would leave you my word of the day.

"I love the Philippines more than my life; I am willing to die to protect this country from the invaders. Will you join me?" 

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Debate on constitutionality of Philippine Cybercrime Law

the Philippines Supreme Court will hear petitions challenging the Constitutionality of the newly approved law, Cybercrime Prevention Act of 2012 (Republic Act No. 10175). The law was approved in September 12, 2012, but the SC issued a Temporary Restraining Order (TRO) after petitions were filed questioning the conformity of the law to the 1987 Constitution and the country's obligation for protection of freedom of expression in international law.

In its Advisory issued earlier, the SC will hear oral arguments questioning the following provisions of the law:

First, by Atty. Harry Roque, Jr. on section 4(c) (4) of the Act;

"SEC. 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime punishable under this Act:

(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future."

Second, by Congressman Neri Colmenares, on section 6 and 7;

"SEC. 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.

SEC. 7. Liability under Other Laws. — A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws."

Third, Atty. Rodel Cruz, on section 19;

"SEC. 19. Restricting or Blocking Access to Computer Data. — When a computer data is prima facie found to be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or block access to such computer data."

Fourth, Atty. Jesus Disini, Jr, on section 12;

"SEC. 12. Real-Time Collection of Traffic Data. — Law enforcement authorities, with due cause, shall be authorized to collect or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by means of a computer system..."

Fifth, Atty. Julius Matibag, on section 5 (a) and (b);

"SEC. 5. Other Offenses. — The following acts shall also constitute an offense:

(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable.

(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable."

On top of the debate on the Constitutionality of this law, the Asian Human Rights Commission (AHRC) welcomes this as an opportunity to discuss protection and promotion of rights to freedom of expression, thoughts and opinion. It calls on the SC that in hearing petitions and oral arguments on the challenge to the law to ensure that a balance between protection of freedom of expression and prevention of internet crimes is reached.

Freedom of expression is a cornerstone in the protection of civil liberties. When there is restriction on citizens from expressing their opinion of public interest, it denies any forms of genuine debate concerning their issues that matters in the society and their relation to the State. The Philippines is constitutionally a democratic country and the 1987 Constitution is a product of bitter social and political struggle.

However, despite its robust 1987 Constitution, there are jurisprudence and provisions in its criminal law such as the Revised Penal Code (RPC) that continue to operate despite being contradictory to the spirit of the Constitution. Though the country's constitution has been replaced jurisprudence and case-laws, laws and legislation, their interpretation and implementation, have largely remained unchanged since dictatorial rule.

Therefore, the oral argument today would be an opportunity, not only to challenge the constitutionality of the Cybercrime law, but for the Filipinos to demand from its courts the protection of this right as interpreters of the Constitution in line with the substantive principles of freedom of expression and the country's obligation to implement international law standards in its court system. (http://bit.ly/WZuahr)

Asian Human Rights Commission

Unit 701A, Westley Square

48 Hoi Yuen Road

Kwun Tong, KLN

Hong Kong, China

Tel: +(852) 2698 6339

Fax: +(852) 2698 6367

http://www.humanrights.asia/  

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Monsanto Philippines campaigns for more Filipino applicants to the 2013 Beachell-Borlaug scholarship program

University of the Philippines

Monsanto Philippines, Incorporated is calling on eligible Filipinos to apply for scholarship funding from the Monsanto Beachell Borlaug International Scholarship Program (MBBISP).

Chat Garrido- Ocampo, Monsanto Philippines Corporate Affairs Lead said scholarship applications is now being accepted until February 1, 2013. The MBBISP provides funds to scholars pursuing a doctorate degree in wheat or rice plant breeding.

"This is a competitive scholarship program that's why we are also making ourselves available should applicants need further information or assistance in meeting the requirements," Ocampo said.

"Our goal is to have more Filipino students being awarded this scholarship which provides a full package of support, including a generous student stipend, tuition, applicable fees, health insurance, research fees and travel, as well as funds for the collaborating institution and advising professor, " Ocampo added.

It was in 2010 when a Filipina, Ms. Mariafe Calingacion, qualified for the said scholarship. Calingacion pursued her Ph.D. in plant physiology at Wageningen University and Research Centre in the Netherlands under the supervision of Professor Harro Bouwmeester and Dr. Robert Hall. Calingacion has a Masters degree in agricultural chemistry from the University of the Philippines at Los Banos.

Calingacion's research intended to help breeders provide farmers with rice varieties that have higher yield as well as rapid consumer adoption.

The MBBISP provides funding to students from anywhere in the world to complete their Ph.D. program at any university in the world that grants a Ph.D. in rice or wheat breeding. Part of the research program must be completed in one of the following developed areas: Australia, Canada, the United States or Western Europe if students are enrolled in a developing country university.

The program also calls for award recipients to conduct at least one season of field work in a developing country if they are enrolled in a university in Australia, Canada, USA or Western Europe.

Meantime, Ocampo clarified that working for the Consultative Group of International Agricultural Research (CGIAR ) Centers like IRRI, CIMMYT, ICARDA, CIAT or AfricaRice does not qualify as working at a Western country institution but at a developing/transition country institution.

Interested applicants can find more details at www.monsanto.com/mbbischolars . Monsanto established this program in 2009 in honor of two of the world's most pre-eminent rice and wheat breeders -- Drs. Henry Beachell and Norman Borlaug. Their lifelong work laid the foundation for the remarkable increases in rice and wheat production that continue to help feed the world today.(Monsanto) (http://bit.ly/XAPPQ2)

PIA

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