Carpio: File new arbitration case vs China

MANILA, Philippines — The Philippines should file another arbitration case against China, this time after Beijing objected to Manila’s claim of its entitlement to an extended continental shelf in the West Philippine Sea, retired Supreme Court senior associate justice Antonio Carpio said yesterday.

The Philippines will probably win such a case over China since the 2016 Arbitral Award, which invalidated China’s nine-dash-line claim, had already favored the Philippines, according to Carpio.

“Let us bring the dispute to a forum where we cannot lose and can win, and that forum is the UNCLOS tribunal … because the dispute will result in accordance with the facts of the law, and the facts of the law is on our side,” he said, referring to the 1982 United Nations Convention on the Law of the Sea, during the Kapihan sa Manila Bay media forum.

In mid-June, the Philippine government, through the Philippine mission to the UN in New York, submitted a piece of information before the UN Commission on the Limits of the Continental Shelf that aimed to register the country’s entitlement to an extended continental shelf located in the western side of Palawan.

A few days later, China filed its opposition before the UN and asserted the Philippine claim “seriously infringed China’s sovereignty, sovereign rights and jurisdiction in the South China Sea.”

The UNCLOS states that a country can “claim a maximum of the maritime zone that is 350 nautical miles, 12 nautical miles of territorial sea, up to 200 nautical miles of exclusive economic zone (EEZ) and an additional 100 nautical miles of extended continental shelf,” according to Carpio.

He pointed out that the areas that China currently claims are “more than 350 nautical miles away.”

“There is no way China can win because they are too far away,” he said.

He added that China could no longer bring up its nine-dash line claim, which “has been struck down” by the 2016 Arbitral Award.

The retired SC justice reiterated his suggestion to bring up the arbitration case to the international tribunal; “otherwise, nothing will happen until we die.”

He explained that the arbitration case should follow after a country formally opposed a claim made by another country, just like China’s objection to the extended continental shelf claim of the Philippines.

“When you file an extended continental shelf claim, if there is no opposition, the UN commission will award it to you. That was what happened to Benham Rise,” Carpio said.

“If there is an opposition, everything stops, the UN commissioner will not act and will allow parties, the claimant and the oppositor, to negotiate or bring to arbitration. Otherwise, nothing will happen,” he added.

China might not engage in negotiations with the Philippines and will once again assert its nine-dash line claim in the South China Sea, according to the retired SC associate justice.

“My request is we proceed to the next step. If we do nothing, nothing will happen,” he said.

“Let us not dillydally; let us bring China to the UNCLOS tribunal,” he added.

At the same media forum, Philippine Coast Guard (PCG) Commodore Jay Tarriela said government agencies might be looking into the possibility of filing another arbitration case versus China.

Tarriela, spokesman for the PCG in the National Task Force-West Philippine Sea, expressed belief that diplomacy will still work.

“We still want a peaceful settlement with the People’s Republic of China. We can still use diplomatic channels, we can sit down,” he said.

‘Monster ship’

Amid these developments, the largest vessel of the China Coast Guard (CCG) remains in the Escoda (Sabina) Shoal, close to a PCG patrol vessel, according to Tarriela.

“We can confirm that as of 7:30 a.m., the last image from our (PCG) personnel onboard 9701 that the ‘monster ship’ remains inside Escoda Shoal, anchored 600 yards away from BRP Teresa Magbanua,” he said.

The PCG official was referring to the CCG 5901, said to be the world’s largest coast guard ship with a weight of 12,000 tons and length of 165 meters.

The presence of CCG 5901 violates the Philippines’ rights over its 200-nautical-mile EEZ, according to Tarriela, since Escoda Shoal is around 150 nautical miles from the nearest shore in Palawan.

Last week, Tarriela reported that CCG 5901 dropped anchor near Escoda Shoal, which has been guarded by BRP Teresa Magbanua.

He accused China of dumping dead corals in the area, which he believed could be part of its plan for a small-scale reclamation.

Aside from CCG 5901, Tarriela also revealed that the PCG spotted CCG 5303 that “came close to Lubang Island in Occidental Mindoro at around 60 nautical miles.”

The agency, however, also reported that it was last seen “moving away” from Lubang Island and sailing “toward Palawan.”

The presence of CCG 5303 prompted the PCG leadership through Commandant Admiral Ronnie Gil Gavan to send the agency’s second 97-meter patrol vessel BRP Melchora Aquino.

Despite no response from the CCG vessels during radio challenges by the PCG, Tarriela vowed that the two patrol vessels would remain in areas where CCG presence was documented.

Joint passing

Amid reports that a CCG vessel has been spotted near Lubang Island, the US Coast Guard (USCG) and the PCG on Tuesday also conducted a Joint Passing Exercise (PASSEX) in the area.

In a statement, PCG spokesman Rear Admiral Armand Balilo said that BRP Melchora Aquino and USCG’s Cutter Waesche participated in the PASSEX.

The exercise was aimed to enhance their skill in search and rescue operations, firefighting scenarios, communication exercises and medical evacuations.

“By sharing best practices, concepts, doctrines and standard operating procedures, the PCG and USCG enhanced their capabilities to respond to maritime emergencies and contingencies,” Balilo said.

“Sharing similar mandates, values and objectives, the exercise highlighted the closer and expanding relations between the PCG and USCG. It strengthened maritime cooperation and interoperability between the two coast guard services, specifically in maritime safety and marine environmental protection,” he added.

Meanwhile, First Lady Liza Araneta-Marcos rendered her first salute to her commander-in-chief, President Marcos, after she joined the PCG as an auxiliary vice admiral .The First Lady shared photos of her, in PCG uniform, saluting to the President on her official Facebook page yesterday.

In another development, Türkiye is in a good position to provide the Philippines with naval assets that suit its security requirements, spe- cifically Turkish corvettes and patrol vessels, according to Turkish Ambas- sador Niyazi Evren Akyol. – Evelyn Macairan, Helen Flores, Pia Lee-Brago