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Monday, May 12, 2008

 

Locsin bats for E-Treason Law

By Jomar Canlas, Reporter

A SOLON is now pushing for an Expanded Treason Law (E-Treason Law) to make liable government officials who allegedly surrendered national sovereignty to China by signing the Joint Marine Seismic Undertaking (JMSU) of the Spratly Islands between China, Vietnam and the Philippines.

During an interpellation in the House of Representatives, Makati Rep. Teddy Boy Locsin questioned Cebu Rep. Antonio Cuenco for a possible amendment of the treason law in the Revised Penal Code.

Locsin said that the JMSU could be suspected for a hidden agenda between the Philippines and China, especially after the controversies of the National Broadband Network-ZTE project have been exposed.

The solon wanted to make those government officials who pushed for the JMSU liable by expanding the treason law, saying that in signing the agreement, they committed the crime of treason.

“Don’t you think it is about time to amend the treason law and introduce the E-Treason Law similar to EVAT law?,” Locsin asked Cuenco.

Cuenco, however, said there is no proof that the NBN-ZTE deal was a compromise agreement with the JMSU between the Philippines and China, stressing that Spratlys has six claimants, and the Philippines does not own it solidarily.

Under Article 114 of the Revised Penal Code, Treason can be committed by “[A]ny person who, owing allegiance to [the United States or] the Government of the Philippine Islands, not being a foreigner, levies war against them or adheres to their enemies, giving them aid or comfort within the Philippine Islands or elsewhere, shall be punished by reclusion temporal to death and shall pay a fine not to exceed 20,000 pesos.....[L]ikewise, an alien, residing in the Philippine Islands, who commits acts of treason as defined in paragraph 1 of this Article shall be punished by prision mayor to death and shall pay a fine not to exceed 20,000 pesos.”

Prision mayor refers to a penalty of imprisonment ranging from six years and one day to 12 years.

Pangasinan Rep. Jose de Venecia Jr. admitted recently that he spearheaded the JMSU during his stint as House Speaker as it is good for the Philippines to avoid war with a superpower like China.

Locsin wanted to discern, however, if there was a surrender of sovereignty to China through JMSU which made him suggest a possible amendment of the Treason Law by expanding it into the E-Treason law.

House Bill 3216 or Defining the Archipelagic Baselines of the Philippines as to the claim to Spratly Islands and Scarborough Shoal is now on its third reading, but it was held in abeyance after the Department of Foreign Affairs interfered to stop its passage.

Recently, House Resolution 496 of Bayan Muna Party list Rep. Teodoro Casiño was filed inquiring the stoppage of the passage of HB 3216 for its third and final reading.

Casiño said he was told by Committee on Foreign Affairs Vice Chairman Orlando Fua that an official from the DFA called him up to suspend the passage of the said bill for it will affect treaties entered into by the Philippine government. He said that Fua refused to reveal the name of the said DFA official and the details as to the said conversation.

The Philippines has up to May 2009 to file its claim on the Spratly Islands and Scarborough Shoal. The said claim shall be submitted to the United Nations Convention on the Law of Sea (UNCLOS).

There are six countries claiming the Spratly Islands: China, Vietnam, Philippines, Taiwan, Brunei and Malaysia.

   

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Severino O. Frayna Jr., Benjie Dela Rosa
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