Carpio backs permanent structure at West PH Sea amid China's latest hostilities
Former Supreme Court justice Antonio Carpio, a staunch defender of the West Philippine Sea, voiced his strong support for the establishment of a permanent structure in Ayungin Shoal and Kalayaan island to enforce the PH’s rights in the disputed waters. He highlights the importance of filing diplomatic protests for each of China's aggressive acts.
Video and Interview by Ezrah Raya
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Former Supreme Court justice Antonio Carpio, a staunch defender of the West Philippine Sea, voiced his strong support for the establishment of a permanent structure in Ayungin Shoal and Kalayaan island to enforce the PH’s rights in the disputed waters. He highlights the importance of filing diplomatic protests for each of China's aggressive acts.
Video and Interview by Ezrah Raya
Subscribe to The Manila Times Channel - https://tmt.ph/YTSubscribe
Visit our website at https://www.manilatimes.net
Follow us:
Facebook - https://tmt.ph/facebook
Instagram - https://tmt.ph/instagram
Twitter - https://tmt.ph/twitter
DailyMotion - https://tmt.ph/dailymotion
Subscribe to our Digital Edition - https://tmt.ph/digital
Check out our Podcasts:
Spotify - https://tmt.ph/spotify
Apple Podcasts - https://tmt.ph/applepodcasts
Amazon Music - https://tmt.ph/amazonmusic
Deezer: https://tmt.ph/deezer
Stitcher: https://tmt.ph/stitcher
Tune In: https://tmt.ph/tunein
#TheManilaTimes
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NewsTranscript
00:00 I'm Ezra Araya reporting on the hottest issues and the biggest stories.
00:04 This is the Manila Times.
00:06 The Philippines has filed a new diplomatic protest against China after yet another water
00:11 cannon incident during a resupply mission to BRP Sayaramadre at the Union Shoal.
00:18 Several countries have expressed their support for the Philippines, calling out China's latest
00:22 dangerous and aggressive actions in the West Philippine Sea.
00:27 Senator Cheese Escudero has pushed for the establishment of a permanent structure in
00:32 a Union Shoal, assuring that the Senate will be dedicating an initial 100 million pesos
00:39 from the 2024 national budget to build new floating facilities at the Union Shoal and
00:45 Kalayaan Island.
00:47 What are the implications of such structure at the disputed borders?
00:51 Here with us today is former Supreme Court Justice and a staunch defender of the West
00:56 Philippine Sea, Senior Justice Antonio Carpio.
01:01 Welcome to the Manila Times, sir.
01:03 Justice, the government is now eyeing on putting up permanent structure at a Union Shoal to
01:08 replace the fast deteriorating vessel, this BRP Sayaramadre, to assert our claims in the
01:14 West Philippine Sea.
01:16 So tell us, what are the possible implications of this structure, sir?
01:20 Well, first of all, Union Shoal, as the Arbital Award stated, Union Shoal is part of our exclusive
01:33 economic zone because Union Shoal is a low tide elevation beyond the territorial sea
01:40 of any island above water tide.
01:42 So it's clearly part of our EEZ.
01:46 Now, under Articles 56 and 60 of UNCLOS, only the Philippines has the exclusive right to
01:57 put up structures in our EEZ for the purpose of conserving and managing the natural resources
02:05 and for protecting and preserving the marine environment.
02:10 So we can actually put up a structure there, like a Marine Research Center or with a lighthouse,
02:19 together with a lighthouse.
02:21 But I prefer that we put up a civilian structure to be operated by the Coast Guard, because
02:29 in the Arbital Award, the tribunal said, if it's a military activity, if it's a Navy or
02:38 AFP installation, that is not under the jurisdiction of the Arbital Tribunal.
02:45 We cannot go to the Arbital Tribunal if China intimidates us or destroys this structure
02:52 or harasses our people there.
02:56 So we should have a civilian structure under the Coast Guard, because Coast Guard is a
03:02 civilian entity.
03:03 So I am in favor of putting up a structure there for the purpose of protecting and preserving
03:11 the marine environment.
03:12 Because remember, the Chinese have been destroying the coral reefs.
03:16 They destroyed the coral reef in Sabina Shoal, and that's why we're planning to file a case
03:24 against China for destroying the coral reefs.
03:30 That's why we need a monitoring structure there to prevent China from destroying the
03:38 coral reefs in the Union Shoal.
03:40 So we have a right to be there, because that is our EEZ, and the coastal state that has
03:46 jurisdiction over the EEZ has the right to put up structures in its EEZ for the purpose
03:52 of protecting and preserving the marine environment.
04:00 Justice, the Philippines has filed another diplomatic protest against China over its
04:06 latest aggressive actions in the West Philippine Sea against the Philippine Coast Guard, which
04:11 brings the total to 125 diplomatic protests filed under the Marcos administration.
04:18 So sir, at this point, should we still be filing these if there is no assurance of withdrawal
04:25 of China's presence in the disputed waters?
04:28 Yes, because legally, those protests in the form of non-verbal are very important.
04:36 Remember in the arbitration of the Hague, the Chinese said, "Oh, we claimed that area
04:44 and you did not protest."
04:48 Because if another country claims your sovereign rights, your EEZ, and you do not protest,
04:55 then you impliedly consent, you acquiesce.
04:59 To prevent implied consent and acquiescence from setting in, you have to make a formal
05:05 protest.
05:06 And all of these non-verbal are formal protests to prevent the other side from saying, "We
05:12 have consented to their claim."
05:14 So the tribunal said, "Oh, the Philippines had several non-verbal protesting these actions
05:20 of China.
05:21 But the Philippines did not concede that China's nine-dash line constitutes its national boundary
05:26 in the South China Sea."
05:29 So these are very important legal instruments to prevent us from waiving our rights.
05:37 Because under international law, if somebody claims your sovereignty or sovereign rights,
05:43 you must protest.
05:44 Because if you don't protest, you are deemed to have acquiesced.
05:47 It has a very, very important value.
05:49 I want to emphasize that we must protest every time that there is an encroachment on our
05:55 sovereignty or sovereign rights.
05:56 There should be no question of this.
05:59 No Filipino should say, "It doesn't matter."
06:02 No, it matters a lot.
06:04 And I want everyone to know that.
06:07 Repeating what you said, Sirno, it is very, very important that the Philippines keeps
06:11 on filing these diplomatic protests every time there is an act of aggression by China
06:17 in the West Philippine Sea.
06:19 Because not doing so would mean waiving our rights in the said waters.
06:24 Tama po, ano?
06:25 Yes, that is very correct.
06:28 We have to protest every time and announce it to the world.
06:32 Now, Sir, going back to the permanent structure that is being pushed in the Senate right now.
06:38 So they have started deliberation for the 2024 national budget for this structure.
06:43 So you said earlier that it should be a civilian structure.
06:48 So right now, the aggressive actions of China is water canoning.
06:54 So these are small boats by the Philippine Coast Guard.
06:57 So I'm just going to go straight to it.
06:59 So what happens if China attempts to attack that permanent structure that we will be building?
07:09 We will go to the Arbiter Tribunal and we will say China destroyed our civilian structure.
07:15 The tribunal has jurisdiction.
07:17 We will demand damages.
07:19 And if we recover, let's say, $25 million as damages, we will deduct that from our loans
07:26 from China.
07:27 Remember, we borrowed for Kaliwadam and Chico irrigation project.
07:34 These are worth hundreds of millions of dollars.
07:40 So we can deduct that because there will be offsetting.
07:42 I see.
07:43 I noticed, Sir, so we shouldn't be putting up any military sort of like base in that
07:49 shoal, correct?
07:51 So it's basically a sandbank that is slightly below.
07:56 Yes, I would prefer that we put up a civilian structure because if it's a civilian structure,
08:01 we can complain to the tribunal.
08:03 If it's military, we cannot because the tribunal has no jurisdiction over military activities.
08:09 I understand.
08:10 So they don't have jurisdiction over military activities.
08:12 So if a military structure was built there and, for example, there was an attack or a
08:20 form of intimidation, I doubt if they're still going to use water canoning against
08:25 a permanent structure.
08:27 So what happens then?
08:28 Well, if they use armed force, we can invoke the mutual defense treaty.
08:34 The mutual defense treaty with the United States.
08:37 Yes.
08:38 And China knows that if they use armed force, we can invoke the mutual defense treaty.
08:45 And the last thing that China wants is to give the US a legal excuse to intervene.
08:50 That's why they will never use armed force.
08:53 That's why they're using all the gray zone tactics below the level of armed force.
08:58 So that we cannot invoke the mutual defense treaty.
09:02 That's very clear.
09:04 China can easily take out the BRP Sierra Madre through armed force, but they are not doing
09:10 that because we can invoke the mutual defense treaty and China doesn't want to give the
09:17 US a legal excuse to intervene in the South China Sea dispute.
09:22 I see.
09:23 I understand.
09:24 So I'm guessing China.
09:26 So as you said, China is also being very careful about their actions.
09:31 Yes, they will not use armed force.
09:33 They will continue to use water canons, intimidation, but they will not use armed force.
09:40 They will not fire their weapons.
09:43 I see.
09:44 So both sides, both Philippines and the China, is both staying on the level of the Coast
09:52 Guard, which you said is a civilian organization.
09:56 Yes.
09:57 That's why we should let the Coast Guard take over a union zone so that it becomes a civilian
10:06 activity, not a military activity.
10:10 I see, sir.
10:11 And also, in what you're saying, you are also not in favor of military action, which would
10:21 mean war between two countries.
10:24 Yeah, of course.
10:26 Nobody wants war.
10:27 I mean, you're crazy to go to war.
10:29 So we should stay in.
10:32 We should follow the rule of law because if you follow the rule of law, we will win because
10:38 we are very strong on the law.
10:40 We have already the arbitral award.
10:42 That means it's ours.
10:43 Let's stay there.
10:45 If you go to war, you don't know what will happen.
10:48 That's beyond the jurisdiction of the arbitral tribunal.
10:52 I see.
10:53 So, of course, at all costs, war should be avoided, especially in the disputed borders
10:59 because we already won, basically, the ruling.
11:04 And it's just a matter of enforcing.
11:07 So sir, after this, so you're pro the mutual defense treaty with the United States as well.
11:15 Yes, of course.
11:17 Because that's why the Chinese are very careful not to attack our public vessels because the
11:24 U.S. said any attack on a Philippine public vessel, be it Coast Guard or Navy or Philippine
11:30 aircraft, would trigger the operation of the mutual defense treaty.
11:36 That's why China does not attack, does not seize the BRP Sierra Madre, although it's
11:43 practically defenseless.
11:46 I see.
11:47 So, oh, I know, sir.
11:48 I mean, it's a deteriorating ship, the BRP Sierra Madre.
11:51 It cannot sail anymore.
11:55 They just wouldn't do that because that would invoke the mutual defense treaty that the
12:01 Philippines has.
12:02 Yes, that's why we still carry the BRP Sierra Madre in our roaster of active ships so that
12:09 it's a public vessel of the Philippine Navy.
12:16 So repeating what you said, sir, you are very much in support of the permanent structure
12:21 in the West Philippine Sea that is being pushed in the Senate.
12:25 And I think it's getting a lot of support from the Senate as well.
12:30 And more than that, we should keep filing these diplomatic protests against China every
12:36 time there's an aggressive action to enforce our rights over our waters.
12:42 That is correct, but let me add, we should put up civilian structures.
12:51 Civilian structures operated by the Philippine Coast Guard and not the military.
12:57 Not the Navy.
12:59 So that we can go to the arbitral tribunal, it will be under the jurisdiction of Long
13:05 Coast.
13:06 I see.
13:07 So we're covered on all sides, no, sir?
13:10 Yes.
13:11 Thank you so much.
13:13 Yes.
13:14 Thank you so much, former Supreme Court Justice and a staunch defender of the West Philippine
13:18 Sea, Senior Justice Antonio Carpio.
13:21 Maraming salamat po.
13:23 Maraming salamat also.
13:25 Thank you.
13:25 Thank you.
13:33 Thank you.