BY WENDELL VIGILIA

REP. Antonio Cuenco (Lakas, Cebu), chair of the House committee on foreign affairs, yesterday said his Senate counterpart Miriam Defensor-Santiago appears to be leaning towards killing House Bill 3216 which would define the Philippines' territorial baseline.

"Sen. Miriam is in favor of creating a congressional commission on national territory. She wants a joint congressional committee hearing. But that's one way of killing the bill," said Cuenco.

Cuenco said that while he would not want to impute any malice on Santiago's motive, her action was still aimed at derailing the measure's passage.

"The joint hearing will take so much time, so much debate and we might not beat the deadline set by the UN," he said.

Defensor-Santiago could not be reached for comment.

The Philippines has until May 2009 to inform the United Nations Convention on the Law of the Sea (UNCLOS) of the extent of its archipelagic boundary.

Under HB 3216, the country's archipelagic baseline would include the Kalayaan Island Group and the Scarborough Shoal.

Cuenco's panel wants the bill recommitted to the committee for further deliberation, a move which needs plenary approval. The bill is awaiting approval on third and final reading.

However, Cuenco has said he might file a substitute bill that would exclude the disputed Spratly islands and Scarborough Shoal from the country's territorial claim in the light of China's opposition to the measure.

Cuenco said he was not giving in to China's "pressure" because the Spratlys and the Scarborough Shoal would still be treated as mere "regime islands" under his substitute bill.

He said since the initial hearing on the Spratly Deal was canceled Wednesday for some technical reason, it would be best if the House holds a majority caucus when Congress resumes session next month.

He said the cancellation of the inquiry was very much needed to "cool off."

China has expressed its objection to HB 3216 in a "note" to the Philippine embassy in Beijing last December.

The unsigned note reiterated that China "has undisputable sovereignty over Nansha islands (Kalayaan Group of Islands) including Scarborough Shoal and its adjacent waters."

The note said the bill's approval would not sit well with China amid the forging of the Joint Marine Seismic Undertaking (JMSU) in the Spratly islands.

The JMSU, which was signed in 2005, involves the Philippine National Oil Co., the China National Offshore Oil Co. and PetroVietnam.

Malacañang has formed a legal team to study on whether to push through with the second phase of the JMSU after critics of President Arroyo said she could be liable for treason for allowing the joint exploration of disputed islands in exchange for soft loans from China worth billions of dollars.

Malacañang said China's apprehension that the controversy on the Spratlys Deal may strain relations between Manila and Beijing was expected.

"As far as the Philippine government is concerned, we believe our good bilateral ties will continue. Our relations with China improved these past few years. We believe this isolated incident will not strain relations," said Press Secretary Ignacio Bunye.

Chinese embassy spokesman Peng Xiubin has said China is worried about "some recently emerged tendencies in the Philippines, which may impose negative influence on China-Philippine friendly relations."

On reports that the Palace caused the recommittal of HB 3216 to the committee level, even if it has been passed on second reading, Bunye invoked "national interest." "We don't want to complicate the matter so we will withhold further comment." - With Regina Bengco