MANILA – Supreme Court Senior Associate Justice Antonio Carpio slammed President Rodrigo Duterte’s claim that China is in possession of the contested West Philippines Sea.
In a statement a day after Duterte’s 4th State of the Nation Address (SONA), Carpio pointed out that China only occupies the seven artificial islands in the Kalayaan Island Group (Spratly Islands), Panatag (Scarborough) Shoal and Sandy Cay.
“China is not in possession of the West Philippine Sea. China is in possession of seven features in the Spratlys plus Scarborough Shoal,” Carpio said. “The total area of these geologic features, including their territorial seas, is less than 7 percent of the WPS.”
She added foreign naval powers – US, UK, France, Australia, Japan, and Canada – continuously sail and conduct naval drills in the South China Sea, including West Philippine Sea.
Carpio noted that the fishing boats used by the Chinese do not qualify for traditional fishing, which he explained only applies “in the territorial sea and archipelagic waters.”
There is no traditional fishing in the Exclusive Economic Zone (EZZ), according to Carpio.
“This very clear in the arbitral award on July 12, 2016. Reed Bank is part of Philippine EEZ. There can be no traditional fishing in Reed Bank,” Carpio stressed.
During his SONA, Duterte said that his administration will stand up for the Philippines’ rights in the West Philippine Sea in “due time,” after admitting before that he has a verbal agreement with his Chinese counterpart Xi Jinping on fishing in disputed waters.
China has conflicting claims with the Philippines, Brunei, Malaysia, Vietnam, and Taiwan in the South China Sea, which is rich in marine resources. It is also believed to have vast natural gas and oil reserves.
In 2016, the Philippines won a case at the Permanent Court of Arbitration in The Hague, which invalidated China’s 9-dash line claim. China, however, refused to recognize the ruling./PN
