Posts Tagged ‘constitutional duty to defend Panatag Shoal from Chinese incursion’
Philippines: President Duterte Foes Amend Impeachment Complaint, Call Duterte Stance on China ‘Dereliction of Duty’March 20, 2017
MANILA, Philippines – In a bid to avoid tension in disputed areas in the South China Sea, President Duterte called for support for the approval of a Code of Conduct (COC) among members of the Association of Southeast Asian Nations (ASEAN).
“It’s very important for China and the rest of the nations, especially the ASEAN, to come up with a Code of Conduct,” Duterte said in a press briefing in Myanmar on Sunday night.
The President also pitched for the COC while he was in Myanmar, which was part of the last leg of his introductory tour of Southeast Asia in the run-up to the ASEAN summit this November in Manila.
The Declaration on the Code of Conduct of Parties in the South China Sea (DOC) was signed by all members of ASEAN and China on Nov. 4, 2002. It lists the principles of self-restraint and non-militarization.
Duterte said he would invoke the arbitral ruling favoring Philippine claims if China starts gathering mineral resources from the disputed areas.
“Kung ang China kukuha na sila ng mga oil o uranium (If China starts getting oil or uranium) or whatever that’s inside the bowels of the sea, kalabitin ko sila (I will do something). Ako man rin ang may-ari niyan (We own it). You claim it by historical right, but by judgment I won and it’s mine,” he said.
But Duterte again admitted that the Philippines cannot stop China from building a radar station at Panatag (Scarborough) Shoal because the Philippine military is no match for Chinese armed forces. And he cannot allow Filipino soldiers to go to disputed areas to avoid casualties.
“First hour pa lang ubos na ‘yun (they are finished already). We are not in a position to declare war,” he said.
“But I said to China that someday during my term as President, I will have to confront you about the arbitral ruling and that would be maybe, during the time when you begin to extract minerals and the riches of what is inside the bowels of the earth,” he added.
Duterte also claimed that the United States is also “scared” of China.
“Hindi nga natin mapigilan kasi hindi natin kaya ang China. Hindi nga mapigilan ng Amerikano. In the first place, sa umpisa pa lang niyan, hindi na pumunta ang Amerikano, natakot na (We cannot stop China. Even the Americans cannot stop it. In the first place, from the start America did not respond, they got scared right away),” he said.
He noted that what the Philippines has right now are only entitlements.
“Just entitlement, not territory. I said repeatedly it is not within our territorial waters. But what we are trying to achieve is that we are also recognized to own the entitlements,” he said.
“The structures have nothing to do with the economic zone. It might impede but actually it’s a construction that would disturb the navigation of the sea,” he added.
Despite China’s excessive claims, Duterte said he is working to further bolster economic and trade ties between Manila and Beijing.
Supreme Court Senior Associate Justice Antonio Carpio reminded Duterte that he has the constitutional duty to defend Panatag Shoal from Chinese incursion.
Carpio also formulated a five-point strategy on how the Duterte administration can respond to China’s reported plan to install a radar station in the disputed shoal.
The magistrate explained that Panatag is part of the national territory under Republic Act No. 9522 or Philippine Baselines Law and should be defended to “preserve for future generations of Filipinos their national patrimony in the West Philippine Sea.”
But he stressed that since the Philippines cannot match the military power of China, Duterte may opt for other actions to defend the country’s sovereignty over the shoal and fulfill his duty as president.
First, Carpio suggested that the government should file a strong formal protest against the Chinese building activity before the Permanent Court of Arbitration (PCA) in The Hague.
“This is what the Vietnamese did recently when China sent cruise tours to the disputed Paracels,” he added.
The PCA ruled that Panatag Shoal is a “common fishing ground” of fishermen not only from the Philippines but also from China and other neighboring countries and nullified China’s nine-dash line claim over South China Sea. The justice said the government could also send the Philippine Navy to patrol the shoal.
“If the Chinese attack Philippine Navy vessels, then invoke the Philippine-US Mutual Defense Treaty which covers any armed attack on Philippine navy vessels operating in the South China Sea,” he suggested.