APPOINTS DOMINGO LEE ENVOY TO CHINA
MANILA, JUNE
4, 2011 (TRIBUNE)
By Aytch S. de la Cruz - The Palace claimed yesterday that it had
hurdled legal obstacles on the government's operation of the Ninoy Aquino
International Airport (NAIA) Terminal 3 (NAIA-3) and that it can now do
"anything it wants" on the disputed terminal despite an imminent appeal from the
Philippine International Air Terminals Co. (Piatco) consortium of the Pasay City
regional trial court (RTC) ruling on the issue of just compensation.
Executive Secretary Paquito Ochoa Jr. said the government is now reviewing
its steps to proceed with the rehabilitation programs for NAIA-3 to make it
fully operational in line with President Aquino's directives.
Ochoa told reporters that under the expropriation proceedings, the government
can now do anything it wants on NAIA-3 as a result of the recent court ruling.
"No more issue on justification or the expropriation. The point there is we
can do anything now. We can proceed in rehabilitation, renovation, and the
eventual operation on the NAIA-3 in the best way that we can manage to do that,"
Ochoa said in a chance interview at the Villamor Airbase, Pasay City after
sending Aquino off to Brunei where he will be on a working visit this week.
Ochoa, nonetheless, admitted that going through such process is a bit
"tricky" on the part of the government since a separate arbitration case filed
by NAIA-3 builders, Philippine Air Terminals Co. Inc. (Piatco) and the
Germany-based Fraport AG, is still ongoing.
He also recognized that Piatco and other concerned parties are free to seek
legal redress over the decision rendered by Pasay City RTC Branch 117 Judge
Eugenio de la Cruz, awarding Piatco with $176-million in just compensation which
is closer to the $149-million set by the government instead of the $846-million
compensation being sought by the private firm.
"From our view, we won there (in the expropriation case) because the court
has already settled the issue on just compensation. But there are still options
from all sides, legal options, and so, we don't see as yet an immediate end to
this because of the legal remedies available to the parties," Ochoa said.
Piatco already announced that it will elevate its case before the Court of
Appeals to seek the reversal of the Pasay RTC's ruling—a move which disappointed
Malacañang but said it respected Piatco right nonetheless.
"We realize that it is very difficult to deal with it because we only
inherited (this problem). We have to dig up what happened really but this time,
we know now and we have…the latest there is we have already agreed and the
President has already approved to proceed with the task of planning on the
operations of NAIA-3," Ochoa said.
Ochoa, moreover, said he understands the German government's sentiment on the
possibility of a protracted legal battle on NAIA-3 as implied in a statement it
has issued recently which called for a swift and fair resolution of this
particular controversy.
"We can understand their sentiments also because this NAIA-3 (issue) starte
from way back when. We can understand their exasperation on the settlement of
the issue but then, over the years, the way I look at it, it has gone a bit more
complicated. There are various issues sprouting that we have to really sort of
remove them from the cobs," explained Ochoa.
Presidential spokesman Edwin Lacierda previously appealed to Piatco, asking
its officials "to see things through based on the findings of the court in the
valuation of the claim and see that its position of $800-million in just
compensation has no basis".
"Compromise is the best possible way of settling this as early as possible.
But the Pasay City Regional Trial Court has already awarded a figure. We urge
Piatco to see things through and hopefully see things our way and we would hope
that they would not file an appeal and if that's the case we can easily discuss
the matter," Lacierda stressed in one of his recent interviews.
Lacierda added that experts from Malacañang's legal team are still discussing
the court's decision to determine the proper course of action that the
government must take in light of this development.
Noy appoints family friend Domingo Lee as envoy to China
By Michaela P. del Callar 06/04/2011
[PHOTO - President Benigno S. Aquino III accompanied by the Federation
of Filipino-Chinese Chambers of Commerce and Industry Inc. (FFCCII ) officials
(from left) Honorary President Dr. John K. Tan, Chairman Emeritus Dr. Lucio Tan.
FCCII President Dr. Alfonso A. Uy and FFCCCII Honorary
Ambassador Domingo Lee and former Senator Mar Roxas on Friday (March 25).
Aquino was the guest of honor and Speaker at the opening ceremony of
the 28th Biennial Convention of the Federation of Filipino-Chinese Chambers of
Commerce and Industry Inc. (FFCCCII.) 'Partnership for Progress and Prosperity'
held at the Smx Convention Center, Sm Mall of Asia in Pasay City. (Photo
by Marcelino Pascua/Malacanang Photo Bureau/PCOO)]
President Aquino continues with his penchant for appointing personal family
friends in his government, no matter how old they are, and how inexperienced
they are.
Aquino has chosen a businessman and family friend inexperienced in diplomacy
as the new Philippine ambassador to China at a time when major problems, such as
the series of territorial spats in the contested Spratlys in the South China
Sea, are straining the country's bilateral ties with Beijing.
The nomination of Domingo Lee, a personal friend of the Aquinos, immediately
triggered criticisms from top Philippine diplomats, expressing doubts on Lee's
ability to handle such sensitive issues given his lack of experience in foreign
relations.
A copy of Lee's appointment papers signed by the President in late May that
was forwarded to the Commission on Appointments and the Department of Foreign
Affairs was seen by the Tribune on Friday.
"What we gather is that he has no experience in foreign affairs," a senior
diplomat told the Tribune. "He would probably have to undergo on the job
training to learn the ropes of diplomacy, the challenges of the maritime
conflict we are now facing against China and other policy issues."
In this crucial point in Manila's relations with China, it is important to
have a competent ambassador who can handle complex diplomatic and international
issues and is aggressive enough to uphold the country's national interest.
"We would have been more comfortable if a career ambassador had been
nominated instead by the President," the diplomat said.
Amid several reported Chinese incursions in the Spratlys, the Philippine
Embassy in China has been without an ambassador since February, following the
recall of another political appointee and businessman Francisco Benedicto.
Increasing Chinese activities and incursions in Philippine-claimed
territories have sparked fresh tensions in the area, prompting Manila to file a
series of diplomatic protests and openly accuse Beijing of violating a 2002
non-binding regional code of conduct it signed with the Association of South
East Nations. The Spratlys, said to be harboring rich minerals and oil deposits,
are claimed in part or in whole by the Philippines, China, Malaysia, Brunei,
Vietnam and Taiwan.
From February to May this year, the government recorded between five to six
Chinese incursions and activities in the Spratlys.
In February, a Chinese naval ship fired upon Filipino fishermen off the
Jackson Atoll, 120 nautical miles from Palawan. Then in March, Chinese navy
ships were reported to have harassed a Philippine oil survey team vessel in the
Reed Bank, followed by three incidents of intrusion and construction activities
in the vicinity of Amy Douglas Reef, another Philippine-claimed territory. All
these incidents were protested by Manila.
Lee, said to be in his 70s, is already past the mandatory retirement age of
65. But legally, there is no age limit for political ambassadors.
However, another senior Philippine diplomat said Aquino should send "a very
knowledgeable person" to Beijing and "must have the physical and mental
toughness" to deal with sensitive issues.
"Our envoy there should be alert, agile and aggressive in protecting our
national interests and in analyzing China's objectives in the region and in the
world," the diplomat said.
DFA career officials assured that they "will dutifully implement instructions
and decisions of the President without equivocation," respecting and recognizing
his authority to appoint ambassadors.
"We are quite certain that when he decided to nominate a prominent
Chinese-Filipino and a close friend of the family as Philippine ambassador to
China, he must have considered all the ramifications, implications and
consequences to the supreme national interest of the country over personal
attachment,
"Having said that, it follows that he accepts full responsibility for
whatever result or outcome of sub-standard quality of performance of his
appointee," the diplomat said.
In the meantime, career diplomats said it is up to the Commission on
Appointments to evaluate Lee's qualifications "not on the basis as a
Chinese-Filipino or party contributor but as an ambassador of our country."
EARLIER POST FROM ELLEN TORDESILLAS BLOG
Please, not Domingo Lee to China
BY ELLEN TORDESILLAS
Early this week, President Aquino signed the appointment of 17 career
ambassadors to different foreign posts.
Foreign service veterans said they haven't seen this big a bunch of
appointments of career officers in the history of Philippine service. Needless
to say, the career officers are very, very happy.
"This would not have been possible under (former Foreign Secretary) Alberto
Romulo," a career officer said adding that morale is high in the department with
Secretary Albert del Rosario whom they describe as "conscientious and hands-on."
I don't have the complete list of the 17. But here are some of them: Ricky
Manalo to London; Cristy Ortega to Paris;Vicky Bataclan to Belgium; Leslie Baja
to Switzerland; Maynard Montealegre to Greece; Lourdes Morales to Netherlands;
Leslie Gatan to Canada; Ellen Jaucian to Hungary;
Belen Anota to Australia; Virginia Benavides to New Zealand;Eduardo Malaya to
Malaysia; Ezzedin H. Tago to Saudi Arabia.
These appointments will improve the ratio of career ambassadors to political
ambassadors. This points to a more professional foreign service.
Not yet filled are the positions of Philippine representative in the World
Trade Organization in Geneva and ambassador to China.
No amount of lobbying by Gloria Arroyo representative to the WTO Manuel
"Dondie" Teehankee convinced the President to retain him in Geneva.
Earlier,Teehankee was so confident that family friendship would give him another
six years in Geneva, he didn't immediately come home even after the three month
extension given to all Arroyo-appointed political ambassadors.
It's worthhile to mention that Teehankee's father, former Supreme Court
Justice Claudio Teehankee swore Cory Aquino into office in Club Filipino on Feb.
25, 1986. The elder Teehankee was then associate justice. He was named chief
justice when Aquino assumed the presidency via People Power.
But family friendship might work for another ambassador to China aspirant:
Domingo Lee, whose only qualification for that very important post is he is a
friend of the Aquino family.
A source said the one pushing Lee's appointment is Eldon Cruz, husband of
presidential sister Ballsy Cruz. We wonder why.
Although Secretary Del Rosario's first choice is a non-career, preferably a
businessman, for the Beijing post (We were informed that banker Edward Go is out
of the running), he would prefer a career officer for such an important
assignment than the likes of Lee.
Whereas DFA's experience with the most recent political appointee, Francisco
Benedicto, was a disaster, the track record of career officers in China is
excellent. The late Pablo Suarez, Philip Mabilangan, Romeo Ong, Sonia Brady
competently protected Philippine interest in the complex relations China.
Speaking of China, we hope that the filling of a diplomatic protest over
China's 9-dash line claim in the South China Sea is a signal that the
Philippines finally mustered the spine in dealing with our behemoth neighbor.
Better late than never.
Several times in the past, we asked people in the DFA why we did not protest
the submission of China with the United Nations Commission on the Limits of the
Continental Shelf (CLCS) which claimed as part of their territory the whole of
the South China Sea, and answers we got were along the line of "China would not
like that" and "We are no match to the power of China."
Pathetic. You are not going to war when you protest another country's
incursion into your territory. You are merely asserting the integrity of your
territory. In a civilized world, you assert your sovereignty through diplomacy.
It took us TWO years to finally found the courage to tell China, "Hey, you
are including my territory in your map." Malaysia and Vietnam, who also dispute
China's territorial coverage, filed their protest a day after China filed it on
May 7, 2009.
Indonesia, who is not even a claimant in the Spratly group of islands, beat
us in registering non-agreement to China's all-encompassing claim over the South
China Sea. It filed its protest in 2010.
VERA Files story on the Philippine protest with China explains the 9-dash
line: "The map is called "9-dash line" or "9-dotted line" because it shows a
series of nine dashes or dotted lines forming a ring around the South China Sea
area, which China claims is part of its territory. The area includes the
Spratlys group, a cluster of oil-rich islands disputed by five other countries,
including the Philippines.
"China has been using the map with nine dashes in asserting its territorial
claim over the whole of the South Sea. But the map first made its way to the UN
body, when China used it to challenge the claim made by Vietnam and Malaysia
over their extended continental shelves in the South China Sea. Aquino is
scheduled to visit China next month. Rather than spoil his visit, the
Philippine's firm defense of its territory, should earn him respect and
understanding from China who is most steadfast in asserting its territorial
claim.
For that, the Philippines should have a competent and capable ambassador in
Beijing. Domingo Lee doesn't fit the bill.
MORE
ON PHL-CHINA SPRATLY DISPUTE COMMENTARY BY THIS JOURNALIST AT
http://www.ellentordesillas.com/
April 15, 2011 12:14 am Tags: DFA, Domingo Lee Posted in: Foreign Affairs
Chief News Editor: Sol Jose Vanzi
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PHILIPPINE HEADLINE NEWS ONLINE
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