Last 27 January 2015, IMOA nominated Justice Antonio T. Carpio for the UPAA Distinguished Alumni Award for Nationalism and International Law. On 20 June 2015, UPAA will officially confer the award on Justice Carpio.
Following is the full text of the nomination letter that I drafted for IMOA:
The Institute for Maritime and Ocean Affairs (IMOA) has the distinct honor to nominate Senior Associate Justice Antonio T. Carpio of the Supreme Court of the Philippines for the UPAA Distinguished Alumni Award for Nationalism and International Law.
Truth be told, Justice Carpio has long deserved this award. As Chief Presidential Legal Counsel of President Fidel V. Ramos, he was the leading architect of the level-playing-field policy that saw the rise of competition in industries beset by decades-old monopolistic practices. To this day, the programs and policies that he helped establish continue to have impact, and the most telling illustration of this is in the telecommunications industry. It was for this and his “distinguished and exemplary service” to the Republic of the Philippines that President Fidel V. Ramos awarded him the Presidential Medal of Merit in 1998.
And then as a member of the Supreme Court of the Philippines, his decisions and dissenting opinions have been singular examples of legal scholarship and judicial integrity. His ponencia in the 2006 landmark peoples’ initiative case, Lambino v. Commission on Elections, will remain a shining example of adherence to the ideals of the Philippine Constitution:
“If this Court allows today a cavalier change in the Constitution outside the constitutionally prescribed modes, tomorrow the new dominant political group that comes will demand its own set of changes in the same cavalier and unconstitutional fashion. A revolving door Constitution does not auger well for the rule of law in this country.”
But it is a privilege to nominate Justice Carpio at this time in his storied professional career for his personal advocacy of a cause that affects every Filipino today and for generations to come – Philippine sovereignty in the West Philippine Sea:
“As Filipinos blessed by the Almighty with the extensive marine resources of an archipelagic State, we must be faithful to our duty as stewards of these marine resources - to protect and preserve these marine resources in our EEZ for the present and future generations of Filipinos.”
He has written, lectured and spoken on this issue not because it is his job to do so, but because he is compelled, by his own internal compass, to imbue every Filipino with a sense of nationalism as our country faces a Goliath in the arena of international law.
This theme - nationalism and international law – found early expression in his 2003 ponencia of the landmark revolutionary government case, Republic v. Sandiganbayan :
“Nevertheless, even during the interregnum the Filipino people continued to enjoy, under the Covenant and the Declaration, almost the same rights found in the Bill of Rights of the 1973 Constitution. The revolutionary government, after installing itself as the de jure government, assumed responsibility for the State’s good faith compliance with the Covenant to which the Philippines is a signatory... Thus, the revolutionary government was also obligated under international law to observe the rights of individuals under the Declaration... The fact is the revolutionary government did not repudiate the Covenant or the Declaration in the same way it repudiated the 1973 Constitution. As the de jure government, the revolutionary government could not escape responsibility for the State’s good faith compliance with its treaty obligations under international law.”
And his 2011 ponencia of the baselines law case, Magallona v. Ermita, further concretized this theme in relation to his advocacy:
“The enactment of UNCLOS III compliant baselines law for the Philippine archipelago and adjacent areas, as embodied in RA 9522, allows an internationally-recognized delimitation of the breadth of the Philippines’ maritime zones and continental shelf. RA 9522 is therefore a most vital step on the part of the Philippines in safeguarding its maritime zones, consistent with the Constitution and our national interest.”
He has lectured on the West Philippine Sea issues before the Philippine Bar Association, the Philippine Women Judges Association, the De La Salle University, the University of San Agustin, the University of the Philippines (co-sponsored by the UPAA), the National Intelligence Coordinating Agency, the National Defense College of the Philippines, the Department of Foreign Affairs, and the Department of National Defense. He has done so because he believes in the importance of:
“... an understanding by citizens of all claimant States of the actual historical facts in the West Philippine Sea – either to restrain extreme nationalism fueled by historical lies, or to give hope to a just and durable settlement of the dispute based not only on UNCLOS, but also on respect for actual historical facts.”
It is for this reason that we suggest the category – Nationalism and International Law – as basis for the Distinguished Alumni Award of Justice Antonio T. Carpio.
IMOA has been privy to the passion that drives his advocacy. His lectures on the West Philippine Sea issues, based on research using his own personal resources, have been delivered not only to students and professors of the subject, but also to members of the Foreign Service, and officers and staff of the Armed Forces and the National Defense establishment. Those who listen to his counsel are the most senior government officials who are primarily responsible for the resolution of these issues, prompting Secretary of Foreign Affairs Albert F. Del Rosario to state:
“I cannot commend Justice Carpio enough for consistently serving as one of our steadfast advocates and notable scholars on the West Philippine Sea issue. I moreover welcome this opportunity for the DFA to express our deep admiration, our high regard, and our warm esteem for Justice Carpio.”
There is no doubt that Justice Antonio T. Carpio has brought unquantifiable distinction to the University of the Philippines that deserves recognition from all its alumni.
Very truly yours,
