The government is considering bringing the territorial claim of the Sultanate of Sulu over Sabah before an international tribunal even as the standoff between followers of Sultan Jamalul Kiram III and Malaysian authorities came to a bloody end yesterday.
Justice Secretary Leila de Lima confirmed the Department of Justice (DOJ) is studying the option of bringing the case before the International Court of Justice (ICJ) for resolution.
"That is among the options we are looking into. Of course there are international fora available so we're considering that," De Lima said.
De Lima admitted that the move needs "careful study."
De Lima also stressed that resolution of the issue would not be confined to the legal aspect alone.
"We have to consider standing policies of the administration, including foreign policies," she said.
The DOJ is currently weighing the legality of the claims of Kiram on Sabah. De Lima said it would take a few more days before the DOJ comes up with its legal opinion on the issue.
"At first I thought I could finish it in a few days, but it'a very complicated thing and we have to be very careful. There'a lot of research materials and documents we need to read. I'm already halfway done with the memorandum," she said.
De Lima said the Philippine government did its best to prevent a violent end to the standoff in Sabah.
She said the administration had exhausted all possible means to peacefully resolve the situation, including the use of backdoor channels.
University of the Philippines law professor Harry Roque said it would be "distressing" if the government would file criminal charges against the followers of the sultan who went to Sabah.
Roque said Philippine laws would not apply in the case.
"I can't see how anything that they've done in Sabah can be prosecuted here. I can't see how they can be charged with rebellion. Have they taken up arms against the Philippine government?" Roque asked.
Roque also proposed bringing the issue before the ICJ.
Diplomacy
Lawmakers called on the government to continue using diplomacy in dealing with the crisis in Sabah.
They also warned against issuing statements that might aggravate the situation.
Sen. Miriam Defensor-Santiago expressed support for President Aquino's move to take a sober and restrained action on the standoff so that the peace talks between the government and the Moro Islamic Liberation Front (MILF) will not be affected.
"We do not want to aggravate our neighbors... who are offering their good offices to solve our Mindanao problem," Santiago said.
She said no state wants to stage a minor warfare with another country.
"From a cost-analysis point of view. It is just not worth the cost,"Santiago said.
Santiago supported moves to take the issue before the ICJ.
She said she understood President Aquino's moves in dealing with the issue.
"We do not even know whether the Sultan of Sabah is claiming it for the Philippines, if he intends to turn over ownership and governance to our national government, or whether he is claiming it for himself,"Santiago said.
Santiago said the claim should be clarified first.
"if he is claiming it only for himself, then he should be left to his resources and he should not galvanize our government into a military posture against the Malaysian government, which has been very friendly to our country," Santiago said.
She emphasized that there should be "no militaristic posturing on the part of the Philippine government."
Sen. Alan Peter Cayetano also hailed President Aquino for his approach to the Sabah incident.
"The President is simply understanding the situation but that doesn't mean he is not supporting the Sultanate in its claim. He has more information than us and he is the one talking to the Malaysian government," Cayetano said.
Sen. Koko Pimentel said the sultanate should raise its claims to Sabah before an international tribunal.
Sen. Francis Escudero expressed the belief that the issue could have been a private affair for the Sultan of Sulu.
"It's private right and a private claim. He cannot say, however, that Sabah is part of the Philippines," Escudero noted.
He said the country'interest should be detached from the private claim of the Sulu sultanate since it may affect diplomatic relations with Malaysia.
Escudero expressed hope the issue will not be dragged into the political arena since the problem involves national interest.
The incident, however, opens opportunities for the government to ask Malaysian authorities about the condition of 800,000 Filipinos living there, Escudero said.
Sen. Loren Legarda, chair of the Senate committee on foreign relations, said the administration should deal with the issue in a diplomatic manner.
"The first line of defense for Filipinos in the Sabah standoff is provided by the DFA (Department of Foreign Affairs). Diplomacy should prevail as we seek to encourage and assure our Filipino brothers in the standoff that there is a peaceful way of resolving their claims," she said.
Legarda said violence should not have been the solution in dealing with the issue.
She also reiterated her appeal to all concerned to avoid statements and actions that will further inflame the already tense and delicate situation.
Former senator Richard Gordon described the situation in Sabah as "severely woeful, anti-Filipino, and subservient to Malaysia."
Gordon said a bloody encounter could have been avoided and should never have happened if foreign affairs officials had handled the situation well and properly advised the President.
Gordon said the DFA should be at the forefront of the matter and must never compromise the President of the Philippines by allowing him to make comments on such issues.
"Whoever is advising the President on foreign policy matters has done terribly wrong by our people and has put us on a slippery slope with regard to this conflict," Gordon said.
Former senator Ernesto Maceda said the violence in Sabah was "unfortunate."
Cagayan Rep. Jack Enrile said the attack on the sultanate's followers in Sabah was "saddening."
He said the sultanate's followers in Sabah deserve the protection of the Philippine government. – Christina Mendez, Jose Rodel Clapano, Ding Cervantes. (http://bit.ly/XfB6we)
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