Retired Supreme Court Senior Associate Justice Antonio T. Carpio said he remains willing to proceed with a public debate with Senator Rodante Marcoleta, but emphasized that the discussion must be focused and structured.
In a recent interview, Carpio confirmed that while the Philippine Bar Association has offered to host the debate, there is still no agreement on the topic.
Carpio proposed a straightforward question:
“Is there a West Philippine Sea?”
He explained that since Senator Marcoleta previously asserted that there is no such thing as the West Philippine Sea, the debate should directly address that issue.
Carpio said he would take the affirmative position — that the West Philippine Sea has a legal basis — while Marcoleta could argue the negative.
He also proposed a second topic, if needed:
Whether the four islands in the Kalayaan Island Group that are outside the Philippines’ exclusive economic zone (EEZ) remain part of Philippine territory.
According to Carpio, these are the exact assertions made by Marcoleta and should therefore be the focus of the discussion.
On Public Information and Education
Carpio acknowledged that some have suggested launching a broader information campaign instead of holding a debate. He noted that he has already published detailed lectures explaining the legal foundations of the West Philippine Sea and maritime zones.
However, he stressed that because Marcoleta’s statements were heard by many Filipinos, they must be directly addressed.
“If it is not corrected, people might believe it,” Carpio said.
He emphasized that the purpose of the debate is educational — to clarify legal definitions and prevent misinformation.
On Chinese Activity and Intelligence Concerns
Asked whether recent Chinese naval monitoring activities were connected to domestic political statements, Carpio said China has long shadowed Philippine and allied military exercises. He described such monitoring as standard operating procedure.
On reports of alleged espionage activities, Carpio said intelligence gathering by China has been ongoing for years, including monitoring communications and military facilities. He noted that Philippine security agencies are countering such efforts within their capabilities.
He also said that during the previous administration, there were proposals to install Chinese communication towers inside military camps, but these were not ultimately implemented after resistance from the military.
On Unity and Responsibility
Carpio said that while freedom of speech is part of a democratic society, public officials have a responsibility to understand the legal and factual basis of their pronouncements.
He reiterated that under the 1898 Treaty of Paris and the 1900 Treaty of Washington, what was ceded were the islands of the Philippine archipelago — not all waters within the treaty lines. At the time, international law limited territorial sea to three nautical miles, later expanded to twelve nautical miles under the United Nations Convention on the Law of the Sea (UNCLOS).
He stressed that the Philippine Constitution adopts general principles of international law as part of domestic law, meaning the internationally recognized limits on territorial sea automatically apply.
Carpio said these principles are basic and widely recognized, and that discussions about them should remain grounded in law and international standards.