Relentless defender of PH sovereignty
A week ago, the nation was reminded once more why retired Senior Associate Justice (SAJ) Antonio T. Carpio remains one of the most formidable defenders of Philippine sovereignty. At the turnover ceremony of the historic map “1875 Carta General del Archipiélago Filipino” to the National Library, SAJ Tony (as he is fondly called by his Supreme Court colleagues) calmly but firmly urged the government to file a new arbitration case against China—this time over the blatant denial of our fishermen’s rights at Scarborough Shoal.
FOR THOSE WHO ADMIRE SAJ TONY’S CAREER, this latest clarion call comes as no surprise. He served with distinction on the Supreme Court for 18 years. For almost a decade, he was the Court’s longest-serving SAJ. (By the way, the appellation “SAJ” is a distinct rank granted by law to the sitting Court member serving the longest, compared to his/her current colleagues.)
So respected was he that he was often called the “Chief Justice we never had.” Time and time again, when the Chief Justice was absent or incapacitated, SAJ Tony stepped in as acting chief, guiding the Court with quiet authority and unassailable integrity.
Yet it is what he did after retirement that truly elevates him to the heroic rank. Most justices, upon reaching mandatory retirement age, fade gracefully into private life. Not SAJ Tony. He made a different and far more demanding choice: to dedicate the full weight of his remaining years to the defense of our waters.
He has remained a vocal, independent figure, emphasizing the rule of law, the United Nations Convention on the Law of the Sea, and multilateral approaches to the maritime dispute, often positioning the Philippine case as benefiting the international community. His postretirement work is nonpartisan and advocacy-driven rather than commercial or judicial.
During the meeting of the “Association of Retired Justices of the Supreme Court” last March 23, I—as president of the group—paid tribute to him. I said that a few years ago, during a reception for a retiring colleague, one of the 10 wealthiest Filipinos approached him, and in my presence, offered him a seat as an independent director in his conglomerate.
He politely declined, “Thank you, but sorry I cannot accept because I want to devote my full time, energy, and resources to defending Philippine sovereignty in the West Philippine Sea.” The answer stunned the offeror. He could hardly believe that his offer, which included substantial per diems and bonuses, would be declined.
INDEED, HE IS THE MOST ARTICULATE AND RELENTLESS CHAMPION of the 2016 Arbitral Award—the landmark victory that affirmed our sovereignty and sovereign rights over the West Philippine Sea. He does not do it for power or popularity. He does it because he believes, as every true patriot must, that the international rule of law is the only shield of smaller nations against the world’s superpowers.
Why does this matter to ordinary Filipinos? Because fishing rights are not abstract legal concepts. They are the daily bread of thousands of our fishermen whose livelihoods depend on the rich waters of the sea. When they are blocked, the incident is not merely a diplomatic tiff—it is an assault on their right to feed their families.
It is about liberty—the freedom to navigate our territorial waters without fear and harassment. It is about overflight—the right of our aircraft to fly over waters that are indisputably ours. And it is about prosperity—the sovereign right to explore and develop the oil, gas, and other resources within our exclusive economic zone, including the promising Reed Bank, which SAJ Tony has repeatedly bemoaned has remained untapped due to outside forces.
THESE ARE THE FOUNDATIONS OF NATIONAL DIGNITY and economic survival. In an era when some would rather take the opposite view, SAJ Tony stands as a beacon of principled resistance. He reminds us that true friendship among nations is built on mutual respect for the law, not on the surrender of sovereign rights.
The government may not have acted yet on his recommendation for a new case. But history will record that when others wavered, one man—retired from active government service—never stopped fighting with the same intellectual rigor and patriotic fire that defined his judicial career.
Some may oppose his assertions. That is their right in our democracy. In a similar way, though I praise him for his relentlessness and patriotism, I did not always agree with him. When we were both incumbents, we clashed on his advocacy for the death penalty, while I fearlessly opposed it as violative of the Constitution and God’s commands.
He shows strength not through force, but through the calm and principled exercise of due process, grounded in respect for the rule of law and international covenants. Critics may disagree with him, but I think his wisdom and unwavering research are more than enough to prevail in any international tribunal.
SAJ Tony had left the bench, but he has never left the battlefield for the country. For that, our people owe him a debt of gratitude. He remains, in my humble opinion, a relentless defender of Philippine sovereignty—a modern-day hero.
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