Retired Supreme Court Associate Justice Antonio
Carpio has a suggestion to the public as regards the President of the Republic.
In his written article
in the Philippine Daily Inquirer last Aug. 6, he said that the Filipino people should “vigorously” reject President
Rodrigo Roa Duterte’s claim that China is “in possession” of the West
Philippine Sea.
“All professional, civic, social,
political, student, and alumni organizations, and all Filipino citizens, should
storm Malacañang with statements and text messages: China is not, and will
never be, in possession of the WPS. This is the moment for all Filipinos to
unite in defense of Philippine sovereign rights in the WPS,” the retired
justice said noting Duterte’s statement and all the ramifications that goes with
it.
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| Retired Supreme Court Associate Justice Antonio Carpiog |
“The [WPS] is a
part of the SCS, which is the larger sea. The WPS comprises the territorial
sea, exclusive economic zone (EEZ), and extended continental shelf (ECS) of the
Philippines, waters and resources over which the Philippines has sovereignty or
sovereign rights,” he explained.
“The Tribunal is
unable to identify any evidence that would suggest that China historically
regulated or controlled fishing in the South China Sea, beyond the limits of
the territorial sea. xxx With respect to the seabed, the Tribunal does not see
any historical activity that could have been restricted or controlled, and
correspondingly no basis for a historic right.” A quote from the arbitral
tribunal 2012 award.
“Mr. Duterte directly contradicts
the Award which ruled that China never controlled the SCS,” the retired justice
said.
“For Mr. Duterte to say that
China is “in possession” of Philippine EEZ and ECS in the WPS is to concede to
China more rights than what international law or the UN Convention on the Law
of the Sea (Unclos) grants to any state,” he added.
He also explained that “under the
international law doctrine of unilateral declarations, the statements of the
President can bind the Philippines that China is ‘in possession’ of the WPS.”
“The Department of Foreign
Affairs should immediately issue a clarification that China is in fact not in
possession, and legally can never be in possession, of the WPS. The Senate and
the House of Representatives should pass resolutions declaring that China is
not in possession of the WPS,” Carpio said.
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