Carpio cautions Duterte on statements about West Philippine Sea

A Filipino fishing vessel ventures into the Panatag (Scarborough) Shoal in the West Philippine Sea. —REM ZAMORA

Supreme Court Associate Justice Antonio Carpio reminded President Rodrigo Duterte to avoid any statement or declaration that expressly or impliedly waives Philippine sovereignty to any Philippine territory in the West Philippine Sea.

“This will preserve for future generations of Filipinos their natural patrimony in the West Philippine Sea,” Carpio said.

Carpio’s statement came after Duterte said he cannot stop China from implementing its plan to build structures on the disputed Panatag Shoal for now.

In 2012, China seized Panatag Shoal or the Scarborough Shoal after a tense standoff between Chinese and Filipino vessels. China denied Filipino fishermen access to Scarborough’s rich fish stock.

Filipinos have been able to go back to Scarborough after Duterte reached out to Beijing and restored good diplomatic ties, which were damaged when President Benigno Aquino III tried to forcefully enforce Philippine authority on the shoal.

The Permanent Court of Arbitration ruled that Panatag Shoal is a “common fishing ground” of fishermen not only from the Philippines but also from China and other neighboring countries.

Duterte said if the US was not able to stop China, what could the Philippines do?

Carpio said Duterte was the Commander-in-Chief of the Armed Forces which is tasked by the Constitution to defend the country’s territory.

He pointed out that under Republic Act 9522 or the Philippines’ Baseline Law, Scarborough Shoal is part of the Philippine territory.

Carpio said since the Philippines was no match to China militarily, the President could fulfill his constitutional duty by doing any, some or all of the following:

• File a strong formal protest against the Chinese building activity.

“This is the least that the President should do,” Carpio said.

Carpio said that is what the Vietnamese did recently when China sent cruise tours to the disputed Paracels.

• Send the Philippine Navy to patrol Scarborough Shoal.

Carpio said if the Chinese attack the Philippine navy vessels, the country can invoke the Philippine-US Mutual Defense Treaty which covers any armed attack on Philippine Navy vessels operating in the South China Sea.

• Ask the United States to declare that Scarborough Shoal is part of Philippine territory for purposes of the Philippines-US Mutual Defense Treaty since the shoal has been part of  Philippine territory even during the American colonial period.

The high court’s Senior magistrate and an expert in the maritime dispute with China said “the US has declared the Senkakus as part of Japanese territory for purposes of the US-Japan mutual defense treaty.”

• Accept the standing US offer to hold joint naval patrols in the South China Sea, which includes Scarborough Shoal.

Carpio said “this will demonstrate joint Philippine and US demonstration to prevent China from building on Scarborough Shoal.”

Aquino earlier tried to use the Navy to assert the rights of the Philippines over Scarborough, but China responded by sending more of its ships to the shoal.

China also began building artificial islands in the West Philippine Sea, which is reportedly already being militarized by Beijing.

The US has conducted patrols and freedom of navigation exercises in the West Philippine Sea but has not stopped China from reportedly arming its artificial islands. CBB/rga