1. Why need stationing of naval ships, if there is diplomatic protest?

It does not show effective control over the disputed territory, which is required to acquire title.

Island of Palmas Case (Netherlands v. U.S.A., 2 R.I.A.A. 829, Permanent Court of Arbitration – Test of
title in international law is “continuous and peaceful display of territorial sovereignty”; forms of
acquisition of title are:

1. occupation coupled with effective control

2. conquest (allowed before)

3. cession, and,

4. accretion;

(NOTE: In international law, title is not sufficient without the first element of display of State functions.)

Principle of Persistent Objector – when a State continues to object to a new customary norm at the time
when it is yet in the process of formation, by such persistent objection, the norm will not be applicable as
against the State (Anglo-Norwegian Fisheries Case, ICJ 1951

There is an issue of the contents of diplomatic protests so to crystallize our claims/protests

2. Why would it not provoke other countries?

It is a mere exercise of our sovereignty as enshrined in UNCLOS; the power to regulate innocent passage.

Assuming it does, it is not unconstitutional.

Article 2, SECTION 2, 1987 Const. The Philippines renounces war as an instrument of national policy,
adopts the generally accepted principles of international law as part of the law of the land and adheres to
the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

The spirit of the law allows defensive war, but not aggressive war based on the deliberations of the
Constitutional Commission.

3. Why the Philippines should station naval ships, don’t we need the help of other
countries?

NO, because it would be counterintuitive to the principle of sovereignty which is the main purpose of
stationing the naval ships.

Sovereignty means the exercise of state functions to the exclusion other states.
WORST CASE SCENARIO:

Affirmative Side Negative Side

China and other countries will still continue China and other countries will still continue
incursion in our territory. incursion in our territory.

But we can still invoke our rights through But we cannot invoke our rights through
international organizations such as UN. international organizations such as UN.

Because we have a clear and tangible Because we don’t have a clear and tangible
manifestation of our protest, we will not be manifestation of our protest, we will be precluded
precluded for sleeping on our rights. for sleeping on our rights.

Required by international law, to have persistent

objection over a developing norm. (Anglo-
Norwegian Fisheries Case)

At least, in our side, we are doing something to fix a problematic status quo, but on their side, they
merely sleep and languish – to the disadvantage of the Philippines.