POLITICAL ISSUE PAPER

ISSUE ON WEST
PHILIPPINE SEA

NATHANIEL A. BEDIONES

BAS 4-1

GROUP 10
DUTERTE STAND ON EEZ:

President Rodrigo Duterte did not violate the Constitution when he allowed China to fish in the
country's exclusive economic zone (EEZ) because he was only doing his "prime duty" to protect
the lives of Filipinos, his spokesperson said Tuesday.Presidential Spokesperson Salvador
Panelo explained that the President only entered into the fishing agreement to avoid any conflict
with China that could result in Filipinos getting hurt."Either they (critics) do not realize or they
ignore the fact that as far as China is concerned, it has sovereignty over the entire South China
Sea and any aggressive move by any country contrary to its claim of ownership is deemed an
assault to its sovereignty and will be repelled by force," Panelo said in a media briefing.Critics
have questioned Duterte's agreement with Chinese President Xi Jinping, allowing Chinese
fishing in the country's EEZ, particularly Recto Bank or Reed Bank, an underwater feature being
claimed by both Manila and Beijing. The Philippines' EEZ is part of China's nine-dash line claim
to almost the entire South China Sea which the Permanent Court of Arbitration in The Hague
invalidated but Beijing insists on.Vice President Leni Robredo and Senior Associate Justice
Antonio Carpio, among others, said that by allowing China in the Philippines' EEZ, Duterte failed
to fulfill his constitutional duty to protect the country's natural resources under Section 7 or
Article 12. This provision says, "The State shall protect the nation’s marine wealth in its
archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and
enjoyment exclusively to Filipino citizens." (Source: www.cnnphilippines.com )

President Rodrigo Duterte's latest pronouncements on the country's sovereignty and exclusive
economic zone (EEZ) are erroneous, former Solicitor General Florin Hilbay said. Duterte
claimed that no country in the world has sovereignty over its EEZ and the Philippine and
Chinese governments have agreed to allow fishermen from both countries to fish in the South
China Sea, part of which is the West Philippine Sea. "These statements are erroneous under
international and domestic law," Hilbay said in a statement. Hilbay cited the 2016 ruling of a
United Nations-backed tribunal, which invalidated Beijing's nine-dash line claim over the South
China Sea. Under Article 73 of the UN Convention on the Law of the Sea, "The coastal State
may, in the exercise of its sovereign rights to explore, exploit, conserve and manage the living
resources in the exclusive economic zone, take such measures, including boarding, inspection,
arrest and judicial proceedings, as may be necessary to ensure compliance with the laws and
regulations adopted by it in conformity with this Convention." The 2016 ruling of the arbitral
tribunal also indicated that the Philippines does not share any "overlapping entitlements" with
China over Recto Bank, wherein a Chinese trawler rammed a Filipino fishing boat. Duterte
called the incident near Recto Bank a "small maritime accident." Hilbay stressed that Recto
Bank is within Philippine EEZ, where Filipinos can exercise rights to the exclusion of others. The
Philippines' rights over its EEZ are also consistent with the Constitution and fisheries laws,
according to the former solicitor general. "Under Rep. Act 8550, as amended by R.A. 10654: It
shall be unlawful for any foreign person, corporation or entity to fih or operate any fishing vessel
in Philippine waters," Hilbay said. "The entry of any foreign fishing vessel in Philippine waters
shall constitute a prima facie presumption that the vessel is engaged in fishing in Philippine
waters," he added. While investigations into the Reed Bank collision are ongoing, presidential
spokesperson Salvador Panelo said it was unsure if the Chinese vessel was in the area to fish
or was just passing through. The Chinese Embassy itself earlier admitted that fishing boat
Yuemaobinyu 42212 was engaged in a "light purse seine operation" and was berthed at the
vicinity of Recto Bank on June 9. Duterte is obligated to protect Philippine waters both in the
territorial sea and the EEZ as mandated in the constitution, Hilbay said. The 1987 Constitution
states that the national territory is comprised of "the Philippine archipelago, with all the islands
and waters embraced therein, and all other territories over which the Philippines has
sovereignty or jurisdiction." RA 8550 or the Philippine Fisheries Code of 1998 defines
"Philippine waters" as "waters including other waters over which the Philippines has sovereignty
and jurisdiction, and the country's 200-nautical mile Exclusive Economic Zone and continental
shelf." Whether in areas where the Philippines has sovereignty such as the territorial sea or
sovereign rights over the EEZ, Duterte is constitutionally mandated to enforce these rights,
Hilbay said. "Acts of the President inconsistent with these obligations are a culpable violation of
the Constitution and a betrayal of the public trust," the former solicitor general said. Former
Foreign Affairs Secretary Albert del Rosario, meanwhile, said Duterte's position on allowing
Chinese fishermen in Philippine EEZ worsens the situation in the West Philippine Sea. The
former top diplomat warned that this would embolden Chinese fishermen in trawling within
Philippine waters. Del Rosario added that this could also be a basis for impeachment as the
president, as well as the military, are obligated to secure national territory, which covers the
EEZ. "To violate that is really a basis for impeachment of the president. He can be impeached,"
Del Rosario told ANC's "Headstart." Section 2, Article XII of the Constituion states that, "The
State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and
exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens."
(Source: www.philstar.com)

OIL EXPLORATION JOINT ON WEST PHILIPPINE SEA:

Retiring Supreme Court Senior Associate Justice Antonio Carpio welcomed the possibility of
Russian participation to explore for oil and gas in Philippine waters being claimed by China.
Carpio disclosed this in a recent Rappler Talk interview with Rappler editor-at-large Marites
Vitug, saying joint exploration in the West Philippine Sea should not be limited to China alone.
"Yes, I would welcome the participation of Rosneft.... because we should be spreading our
service contracts. We should have one, or maybe several with China, some with the Western
countries, including Russia," Carpio told Rappler. During his second state visit to Russia,
President Rodrigo Duterte invited Russian oil giant Rosneft to conduct oil and gas exploration in
various parts of the Philippines, including the West Philippine Sea. The maritime area continues
to be claimed by Beijing through its 9-dash line, which has already been invalidated by the 2016
Hague ruling that uphled the Philippines' rights in the West Philippine Sea. Rosneft is a state-
owned enterprise of Russia and is the biggest oil and gas exploration of the northern country.
The company is currently helping Vietnam to explore for oil and gas in waters within Vietnam's
exclusive economic zone, which is also being claimed by China. Beijing has opposed this and
issued warnings against oil exploration activities as part of efforts to assert its claim to the area.
Despite this, Russian firms have not abandoned the projects. (Source: www.rappler.com )

Manila's top diplomat on Wednesday said the inter-governmental steering committee tasked to
supervise the joint exploration between the Philippines and China in the West Philippine Sea
has been constituted following the signing of the terms of reference last month. "The terms of
reference really just fleshes out the memorandum of agreement which is very clear: no legal
position of either side is compromised when you enter into this agreement," Foreign Affairs
Secretary Teodoro Locsin Jr. said on ANC's Headstart. The Philippines and China have agreed
to jointly explore oil and gas reserves in the West Philippine Sea, Manila's exclusive economic
zone in the disputed territory. Following a meeting between President Rodrigo Duterte and
Chinese President Xi Jinping in Beijing on Aug. 29, the two countries agreed to form working
groups to explore commercial oil and gas agreements. Locsin and his Chinese counterpart,
Foreign Minister Wang Yi, signed terms months after both officials inked the memorandum on
oil and gas development in November 2018. "What it says here in the terms of reference is this
is how we operationalize it, because under the MOU you start by creating the steering
committee," he said. The DFA chief said he and Yi will head the steering committee. Under
Locsin is the Department of Energy, the Maritime and Oceans Affairs Office, and the
departments of foreign affairs, energy, justice, and environment and natural resources. For the
Chinese side, he said some members include officials from the National Energy Administration,
Boundary and Oceans Affairs, Department of Asian Affairs, Ministry of Foreign Affairs, and the
Department of Treaty and Law. He said the steering committee would meet every three months
on dates and locations agreed by both parties. "What happens there, the steering committee is
the one responsible for negotiating and agreeing on the cooperation agreements already
between real parties. With that, we constitute the number and the working area of the working
groups who will be under us. This is already the private sector," he said. Locsin said the
memorandum on oil and gas makes it unnecessary to set aside the arbitral ruling. "The
memorandum on oil and gas is only addressed in disputed areas," he said. "If the area chosen
is a disputed area but there is no service contract then the memorandum of agreement prevails
but then the terms of references says that PNOC takes the initiative now." He added that
Duterte was firm when he raised the arbitral ruling during the bilateral meeting in Beijing last
month. Duterte, he said, stated "we hold the arbitral award is final, binding and not subject to
appeal." "What the arbitral award did is that it put the award beyond the reach of compromise. In
other words, I don't care if the Filipino people want to set it aside. No, its there. Its now an
award. It's final and binding in international tribunal," he said. Duterte, however, previously told
reporters he will "ignore the arbitral ruling to come up with an economic activity" with China. He
did not elaborate further. Former Foreign Affairs Secretary Albert del Rosario blasted the
President's statement, saying the arbitral ruling is already part of international law which clarified
the extent of Philippine sovereign rights protected under the Constitution. "In particular, the
Arbitral Ruling clarified the extent of our exclusive economic zone (EEZ) protected under the
Constitution," Del Rosario said in a statement. Magdalo Party-list Rep. Manuel Cabochan III
also slammed Duterte for "forgetting his mandate." "I hope other government agencies will stand
by their sworn duty. Sovereignty and territorial integrity have no cost," said Cabochan. The
Philippines in 2016 won a case at the Permanent Court of Arbitration in The Hague, which
invalidated China’s claim to sovereignty over most of the South China Sea.
(Source: news.abs-cbn.com )

CHINA’S WAR THREAT VERSUS PHILIPPINES:

Claims that China will go to war with the Philippines if Manila stands up to Beijing’s “bullying” in
the
South China Sea are nothing but fear mongering by President Rodrigo Duterte. That’s the view
of the man who led the Philippines to victory three years ago when an international
tribunal ruled against Beijing’s territorial claims in the waters. In an interview ahead of next
month’s anniversary of the ruling, Florin “Pilo” Hilbay, formerly the Philippines’ solicitor general,
urged Manila to take a tougher stance in trying to enforce the decision. He said fears over what
China might do to retaliate were overblown, and doubted that even the economy would suffer if
tensions heightened. The Philippine economy did just fine when bilateral relations were at rock
bottom during the 2010-2016 presidency of Benigno Aquino, Hilbay noted. He said that a lack of
action against Chinese intrusions in the sea had served only to embolden Beijing. “What China
has done is to test the [Philippine] administration’s ability to respond. And then they pushed the
envelope forward, and forward. They have asked themselves, is the president going to complain
if we do this? Is he going to complain if we are going to do that?” said the former chief counsel
of the government. “He has never complained, and that’s the problem. Filipinos call it bullying,
but basically the administration has consented to everything that China has done.” Hilbay urged
the Duterte administration to constantly call out the Chinese for any intrusions and rubbished
suggestions by the president that doing so could provoke Beijing into war. “Not necessarily
sending out the navy, but maybe to send the Philippine coastguard,” he said. “Complain in
public forums or even complain to the United Nations. I cannot imagine that leading to a
shooting war with China.” In 2013, the Philippine administration under Aquino filed a complaint
against China’s claims in the sea to the Permanent Court of Arbitration, an intergovernmental
organisation set up in 1899 to resolve disputes between countries. Three years later, two weeks
into the new administration of Duterte, the five-member tribunal based in The Hague ruled
unanimously in favour of the Philippines. In a 500-page ruling, the court made clear there was
no legal basis for China to claim historic rights to resources in the area, known in the Philippines
as the West Philippine Sea. Hours after the court’s decision, Duterte summoned his cabinet
members and Hilbay for a meeting to discuss what tone the Philippine government should
adopt. “I remember that he said, ‘what we want is a soft landing’. I assumed that meant he was
not going to brag about the decision. I thought that was a good decision because there was no
need to brag about it. Everybody knew that we won anyway,” Hilbay recalled.
(Source:www.scmp.com )