FEBRUARY 16, 2026 — Senator Rodante Marcoleta just dropped a political bomb: he says he’ll sue former Supreme Court Justice Antonio Carpio for treason. Yes, treason — the gravest crime in the book. His accusation? That Carpio’s 2011 ruling in Magallona vs. Ermita effectively gave away a massive chunk of Philippine territory.

Marcoleta fired off, saying, “Pumayag siya sa argumento ng gobyerno na paliitin na lang natin ang territorial sea sapagkat makakakuha na tayo ng ganansya sa ating Exclusive Economic Zone.” 

(He agreed with the government’s argument to reduce our territorial sea because we would gain from our Exclusive Economic Zone.)

According to him, Carpio’s decision shrank our territorial seas in exchange for economic rights under the EEZ, surrendering 242,000 square nautical miles that should have been part of our sovereign territory. He even pointed to the government’s own Atlas of Relevant Features submitted to the Arbitral Tribunal, claiming islands like Parola (Northeast Cay), Kota (Loaita), and Panata (Lankiam Cay) were excluded. 

His fiery conclusion: “I charge him treason for this.”

Carpio, however, wasn’t rattled. He shot back with cold legal logic: treason only applies during wartime. 

“Every first year law student knows that treason cannot be committed during peacetime,” he said, citing Article 114 of the Revised Penal Code. 

For him, Marcoleta’s charge is not just misplaced — it’s legally impossible.

Carpio also explained why the Supreme Court rejected Magallona’s argument to include all waters within the 1898 Treaty of Paris lines. Doing so, he said, would have violated UNCLOS and customary international law, making the Philippines look no better than China with its nine-dash line. 

“Had the Supreme Court upheld the contention of Magallona et al, our arbitration against China would have been dismissed outright,” Carpio warned. 

In other words: play dirty, and we lose credibility in the global arena.

Former senator Francis Tolentino, author of the Philippine Maritime Zones Act, added his own blunt take. 

“Wala pong nagre-require sa atin mag-produce ng mapa … ang pinaka-precise po, scientific ay yung coordinates,” he explained. 

(No one requires us to produce a map … the most precise and scientific are the coordinates.)

And when asked about Marcoleta’s challenge to Carpio, Tolentino didn’t hesitate: “Gugulo lang.” 

(It will only cause confusion.)

So what’s really happening here? On one side, Marcoleta is tapping into nationalist outrage — who wouldn’t be furious at the idea of “giving away” territory? On the other, Carpio is reminding us that international law isn’t about emotions, it’s about rules. And Tolentino? He’s basically saying both men are just stirring the pot.

The Philippine Bar Association has even offered to host a public debate between Marcoleta and Carpio. Imagine that showdown: a senator armed with fiery rhetoric versus a justice wielding cold, legal precision. 

Would it enlighten the public — or just fuel more political theater?

More importantly, are these accusations of treason meant to protect the nation, or is Marcoleta simply aiming to score points in the court of public opinion?

(Image: Senate of the Philippines | Facebook)