During my time as Solicitor General of the Republic, I served as “agent” in the arbitration between the Philippines and China. An agent is the sole and formal representative of the State, with full authority to speak for and bind the nation. I was appointed by authority of President Noynoy Aquino. I’m pointing this out from the get-go not to brag about my role but to establish my “skin in the game”—I was the legally accountable officer and my actions as agent were the official acts of government. What is narrated here takes from this background.On the other hand, Justice Carpio’s formal designation was, as he correctly pointed out, that of an “observer”—he had no direct and formal relationship with Pres. Aquino; was not officially part of the legal team that handled the case; and did not have any authority to speak for or bind the Republic during the arbitration. While his expertise on the matter is a given, as an observer, he had no skin in the game. And yet, he has somehow positioned himself as the voice on the West Philippine Sea (WPS) case, with authority to make accusations and insinuations ex cathedra.

Hilbay, F. T. (2021, July 5). A few facts about the arbitration against China. Daily Guardian, pp. 4, 10.