Palace: Duterte won’t allow takeover of Scarborough

MANILA, Philippines — Malacañang yesterday dismissed as “speculation” Supreme Court Senior Associate Justice Antonio Carpio’s claim that China might reclaim Panatag (Scarborough) Shoal before the end of President Duterte’s term, as it stressed that the Chief Executive won’t permit any assault on Philippine sovereignty.

Carpio, an outspoken critic of Duterte’s policy on China, has warned that Beijing may try to build islands on Panatag Shoal within three years.  

He said China would push for the signing of a code of conduct for South China Sea claimants after it reclaims the shoal, as signing of the code would stop future reclamation and legitimize Beijing’s existing man-made islands.

Carpio said Duterte’s admission of helplessness in the face of China’s island building activities may have inspired Beijing to reclaim more areas in the West Philippine Sea.

But presidential spokesman Salvador Panelo said nobody can say for certain the plans of the Chinese government with regard to the maritime row.

“Can you read the mind of the Chinese government? We don’t know,” Panelo said at a press briefing.

“My fraternity brod who is a justice, he is very fond of engaging in speculations,” he added.

Panelo and Carpio are members of the Sigma Rho fraternity at the University of the Philippines College of Law.

He said the administration would continue to oppose any intrusion into the Philippines’ sovereign affairs.

“Definitely, just like what the President said, I will not allow during my incumbency any assault on our sovereignty. That arbitral ruling is final, binding and not subject to appeal. That’s what he said,” Panelo said.

“Anything that will go against the arbitral ruling would be of course objectionable for us, I think that’s a given. Because we are against any intrusion into the sovereign affairs of the land,” he added.

In 2016, a United Nations-backed arbitral tribunal based in The Hague ruled that China’s expansive maritime claim in the South China Sea has no legal basis. The ruling also upheld the Philippines’ sovereign rights over its 200-nautical mile exclusive economic zone.

While Panatag Shoal is within the Philippine EEZ, the tribunal ruled that Filipino and Chinese fishermen from the Philippines and China have traditional fishing rights in the area. The court said China had interfered with Filipinos’ fishing rights by restricting access to the shoal.

Asked if the Philippines can stop China from proceeding with reclamation at Panatag Shoal, Panelo replied: “We can always try.”

“We will – the usual, we have to file a diplomatic protest,” he added.

Panelo expressed hope that there would be significant developments in the crafting of a binding code of conduct for South China Sea claimants during this year’s Association of Southeast Asian Nations (ASEAN) summit slated next month.

“Considering that even the president of China has agreed with the President that there is a need for stability and peace of the region, there must be a Code of Conduct,” he added.  

Defense Secretary Delfin Lorenzana also brushed aside Carpio’s statement, saying Panatag is a “red line” for President Duterte.

“They (China) might attempt. They attempted to really build but they were stopped by the US. President Obama himself said that’s a red line, don’t build,” Lorenzana told reporters at a reception hosted by Japanese Ambassador Koji Haneda on Monday. He said Obama and Chinese President Xi Jinping talked about the matter during a US visit by the Chinese leader.

Duterte, he said, has also made it clear that he considers Panatag a “red line.”

“The President said that’s a red line. We’re not allowing them. If they build there that’s a red line,” Lorenzana added. –  With Pia Lee-Brago