Retired Supreme Court Senior Associate Justice Antonio T. Carpio clarified that recent statements made by Senator Rodante Marcoleta regarding the West Philippine Sea do not constitute treason, but may amount to disloyalty under existing laws governing public officials.
In an interview, Carpio addressed questions about whether remarks questioning the legal basis of the West Philippine Sea and the Philippines’ claim over parts of the Kalayaan Island Group could be considered treason.
Carpio explained that the crime of treason applies only during wartime.
“We are now in peacetime. We are not at war with China. There can be no crime of treason under the Revised Penal Code,” he said.
However, Carpio pointed to a separate standard that applies to public officials: the Code of Conduct for Government Employees. Under this framework, public officials are required to be loyal to the Republic of the Philippines and to uphold the Constitution.
He noted that assertions suggesting that islands in the Kalayaan Island Group outside the country’s 200-nautical-mile exclusive economic zone cannot be claimed are contrary to the official position of the government, as well as to existing legislation and constitutional provisions.
“When you become a public official, you take an oath to defend the Constitution,” Carpio said, adding that the Constitution mandates the State to protect its exclusive economic zone and marine wealth.
He described such statements as “disloyalty to the Republic,” rather than treason.
On Possible Ethics Complaint
Asked whether the matter could be brought before the Senate Ethics Committee, Carpio said a complaint should be filed if there is to be formal action.
“One senator should bring it up and file a case,” he said, noting that without a complaint, no proceedings can move forward.
At the same time, Carpio clarified that his primary concern is correcting what he considers a misimpression created by the statements.
“I’m only interested in correcting the misimpression,” he said. “I’m not interested in filing a case.”
He emphasized that the more important issue is informing the public and ensuring that Filipinos are not confused about the legal basis of the country’s claims.
“We cannot give to China what belongs to Filipinos born and yet to be born,” Carpio said, underscoring the need to defend what is lawfully the nation’s.