LAWMAKERS are being asked to consider a timely remedial legislation to update and provide “a clearer definition of the Philippine territory” under the 1951 Mutual Defense Treaty with the United States, as suggested by Senator Francis Tolentino.
In a radio interview, Senator Tolentino confirmed options to propose the “inclusion of territories where the Philippine government currently exercises ‘sovereign rights.”
The senator added: “Kung ako po ang mag a-amendya nito . . . hindi lamang sa metropolitan territory, sa land mass island territory (ng Pilipinas) sa Pacific Ocean, mayroon pang iba. Kung liliwanagin po iyan, pwede pong idagdag: where it exercises sovereign rights.”
[If I were to amend this…it would not just be limited to metropolitan territory, or land mass island territory (of the Philippines) in the Pacific Ocean, there should be others. If we want a clearer definition, we can add: where it exercises sovereign rights.]
The incumbent vice-chairman of the Senate Committee on Foreign Relations, Tolentino aired his remarks ahead of the meeting between President Ferdinand R. Marcos Jr. and United States President Joe Biden during which issues of defense, security, and other geopolitical matters were expected to be discussed by the two leaders.
The senator suggested the two leaders find time to consider a new provision in which, “any attack on a place where it exercises sovereign rights (for both parties) would trigger MDT,” referring to the 1951 defense pact between the two long-time allies.
“[That part] where effects on the exercise of sovereign rights, maybe that can be discussed and clarified so that if we are attacked in our exclusive economic zone, that will clearly fall under the Mutual Defense Treaty as amended,” the lawmaker added, speaking partly in Filipino.
Given the current geopolitical tension in the South China Sea region, Tolentino said the mere presence of the American military in the region is already “a psychological reinforcement itself of our historical ties with the United States.”
“Malaking bagay po iyon na alam natin na-andyan sila. So sa halip na gumatos po tayo ng malaki para ma improve yung sandatahang lakas, mayroon tayong kaalyado na handang tumulong,” he said.
Tolentino also suggested that Manila seek an upgraded compensation, not only under the MDT but also with other existing treaties with the world’s ‘super power,’ specifically the Visiting Forces Agreement (VFA) and the recently expanded Enhanced Defense Cooperation Agreement (EDCA), which will be given to local government units (LGUs) that will be hosting those non-permanent US bases in the country.
“We should augment and clarify the kind of assistance that can be given to the host local governments – perhaps help in their educational system by setting up schoolbuildings, or boost capacity for setting up small hospitals, since the US military has many doctors anyway,” the senator said, in Filipino.
Meanwhile, at this turning point of the ‘modern warfare,’ era, Tolentino also seeks the inclusion of a ‘cyberattack’ provision under MDT considering that the battlefield right now is not just only about conventional armed conflict, but also includes skirmishes [in] cyberspace, noting reports of so-called ‘state-sponsored’ cyber-attack.
If for example, there is a cyberattack on the Philippine banking system “that will collapse—that’s akin to an armed attack. If our government institutions are attacked, like what happened to the data leaks in the National Bureau of Investigation (NBI), that should be armed attack also,” said Tolentino.
Tolentino wants an amendment of Article 5 of the 1951 MDT, to include provisions on attack on cybersecurity especially when it will be made on critical infrastructure of the governments and other vital installations. “If there is a cyber-attack, the banking system will be damaged. So with all critical government infrastructures—brownouts, blackouts nationwide, even telecommunications,” he added.
The senator clarified that a counterattack during a State-sponsored cyber-attack “should be commensurate” and doesn’t need a direct confrontation with the opposing party.