MANILA, Philippines—Ilocos Norte Rep. Ferdinand “BongBong” Marcos Jr. said he will file Monday a new Philippine territorial baselines bill that would exclude the disputed Spratly islands and Scarborough Shoal -- a version that would hew closely to Malacanang’s desired version of the measure.

At the Kapihan sa Sulo forum Saturday, Marcos said his proposed baselines bill would enclose only the main Philippine archipelago and treat the Spratlys and Scarborough Shoal as a “regime of islands” or offshore territories.

An earlier bill which includes the contested territories was recently shelved after China, one of five other countries that claims the South China Sea islands, protested. Malacañang, which has an ongoing joint seismic marine exploration project with China and was granted a $1.8-billion Chinese credit line for its various projects, agreed that it was better not to include the disputed isles.

Explaining his position, Marcos said he was in no way influenced by the deluge of cheap China loans. To stress this he would also file a resolution urging Congress and all concerned government agencies to pursue all territorial claims over the Kalayaan group, Scarborough Shoal and “even Sabah.”

Less prone to questioning

Marcos said he believed the exclusion of the shoal and the Spratlys or Kalayaan group from the baselines bill would make the country’s maritime markings “stronger” since it would be less prone to questioning by the international community.

Marcos said the earlier proposal, House Bill No. 3216, was “fatally flawed.” He said enclosing the disputed islands in the baselines would run counter to the United Nations Conventions on the Law of the Sea (Unclos) that the country signed and ratified in 1984.

If signed into law, (the Cuenco bill) is “open to rejection and non-recognition by the international community,” Marcos said.

To include the Spratlys group in the baselines enclosure, Marcos said, one has to draw a line from Palawan to Sabina Shoal, which isn’t visible during high tide. Unclos rules state that basepoints must be above water during high tide.

Also, Unclos allows archipelagic states to draw straight lines to join the outermost basepoints of their territory but states that baselines, with few exceptions, cannot be more than 125 miles long. The next basepoint in the Spratlys group to which a baseline may be drawn from Palawan, said Marcos, is 150 nautical miles away from the province.

Without recognized baselines, the country won’t get international recognition for the 200-mile exclusive economic zone, which is measured from the baselines, Marcos said.

‘High seas’ between islands

Marcos also warned that if the country’s archipelagic baselines were not recognized, we would have the “absurd situation” of having waters between the islands becoming “high seas” instead of remaining as Philippine territorial waters.

“Let me emphasize that the clearer and uncontested baselines bill would gain approval by the international community and this would allow us to actively pursue our existing claims over the Kalayaan Islands group and even Sabah,” Marcos said.

“We have to separate our claims … from our definition of our baseline … The fact of the matter is they are two separate things. We draw baselines according to the guidelines given by Unclos and we maintain our claim (over) the Kalayaan Islands and Scarborough Shoal,” he added.

His father and namesake, the former dictator Ferdinand Marcos, issued the presidential decree that declared the Kalayaan group Philippine territory in 1978. The deposed President also pursued the country’s claim to Sabah.

Marcos acknowledged after the news forum that his bill was “basically the same” as the position being taken by Malacañang. He, however, indicated that he was filing the bill on his own initiative and not on the prodding of the administration.

“I am not a member of the majority coalition,” Marcos said. Neither was he lobbying for any China loans, he quipped.

In the Senate, however, Sen. Miriam Santiago Defensor said she would shelve the bill until a thorough legal review was conducted. Santiago said the country may be losing instead of gaining territorial seas under the Unclos. The Unclos guidelines would mean giving up the rectangular definition of the Philippine territory as stated in the Constitution. This may entail a constitutional amendment, she said.