The Department of Foreign Affairs (DFA) justified yesterday the arrest by the Philippine National Police (PNP) and the Philippine Coast Guard (PCG) of Chinese fishermen found poaching within the country's territorial waters.
This developed as the police filed criminal charges against the fishermen who were arrested after a two-hour chase.
A DFA official, requesting anonymity, issued the justification even as government authorities started an inquiry into the reported shootout between authorities and the Chinese fishermen that left the skipper of the Chinese fishing boat dead.
The slain boat captain was identified as Fu Kung Wu.
"Clearly, the Navy has the right to hot pursuit. It can always invoke self-defense as an argument to justify why it had to fire more than just warning shots," the DFA official said.
He clarified, however, that the PCG may also be questioned regarding the incident.
The fishing boat's seven crew members were arrested, while their 46-ton vessel was towed to Puerto Princesa City in Palawan.
The source said the probe should focus on reports that the fishermen were armed and traded shots with the PCG patrol, and that they were reckless to enter Philippine territorial waters to catch sea turtles which have been declared an endangered species.
Chinese embassy officials went to Palawan yesterday to look into the incident.
DFA sources said they expect a diplomatic protest from Beijing, but added it may come after the investigation has been completed.
The official also said the Chinese authorities may file criminal charges against the Navy as a result of the slaying.
But he pointed out that if the incident really happened within the country's territorial waters, they (Chinese government) have a very weak case.
It was the first time that a fatal shootout took place between Philippine authorities and alleged illegal Chinese fishermen.
Local villagers reported to the police and the PCG that they saw a boat last Friday catching sea turtles off the coast of Rizal town in Palawan.
As a team of PCG troopers, police and volunteer coastal watchers proceeded to the site to investigate, the Chinese vessel Liang-Liang Hai sped away.
The pursuers fired warning shots, but the Chinese crew reportedly fired back.
The captain of the fishing vessel was reportedly killed in the ensuing firefight.
Regional police director Chief Superintendent Lucas Managuelod said dried turtle meat, 20 live turtles, 73 dynamite sticks and several blasting caps were confiscated from the fishing boat.
No guns were found, giving rise to suspicions that the suspects tossed them overboard before turning themselves over to the PCG.
Managuelod said charges of illegal fishing, poaching, illegal entry and catching of endangered species were lodged against the foreigners who are currently detained in Rizal town.
The suspects were identified as Futa Jang, Ke Chai Chung, Hei Tong, Fu Kung Pan, Wang Jai Sen, Han Cou Chan and Ke Xing Wu, all of Hainan, China.
The police reported that they saw the fishing vessel towing a large fish net escorted by two motorized sampans.
Upon seeing the lawmen, the Chinese fishermen allegedly hurled dynamite at them, some of which exploded very close to their pumpboats.
This prompted the lawmen to fire warning shots as they maneuvered their boat to block the fishing vessel, while at the same time avoiding the dynamite being tossed at them.
Meanwhile, Beijing has recalled Chinese Ambassador Fu Ying who was given a new diplomatic post.
Chinese Embassy spokesman Wang Ni said Fu's replacement may arrive next month or in July.
"The ambassador (Fu) has been very exceptional and excellent in her job, the reason why our officials decided to promote her," Wang said. -- With reports from Mike Frialde