Carpio urges Marcos to be careful, says no gray area in WPS issue

Retired Supreme Court Senior Associate Justice Antonio Carpio on Monday said President Ferdinand "Bongbong" Marcos Jr. should be careful in issuing statements on the West Philippine Sea issue.

According to Ivan Mayrina and Lei Alviz's report on "24 Oras," Carpio made the remark after Marcos, in explaining the country's next step after the water cannon incident in the Ayungin Shoal in the West Philippine Sea, adverted to "a gray area" in the discussions as regards the resource-rich waters.

Marcos said the Philippine government had sent a note verbale to Chinese Ambassador Huang Xilian together with the videos and photos of the August 5 incident.

He also said there will be a command conference where officials will discuss how to address the issue.

“Ang position ng China sinasabi nila na ‘kami ang may-ari nito eh'. Tayo naman sinasabing ‘Hindi. Kami ang may-ari nito kaya pinagtatanggol namin’. Kaya 'yun ang nagiging gray area ngayon na pinag-uusapan,” Marcos said.

(China is saying, "This is ours." We are saying, "No. It's ours and so we're defending it." That becomes a gray area in the discussions.)

Carpio said there was no “gray area” as the Permanent Court of Arbitration in The Hague in 2016 invalidated China's historical claims in favor of the Philippines' exclusive economic zone (EEZ) under the the United Nations Convention on the Law of the Sea.

“Walang gray area kasi may ruling na tayo at sinabi ng arbitral tribunal, Ayungin Shoal is a low-tide elevation, low tide feature and forms part of the EEZ of the Philippines,” Carpio said.

(There’s no gray area because the arbitral ruling said Ayungin Shoal is a low-tide elevation, low tide feature and forms part of the EEZ of the Philippines.)

“It forms part of the EEZ. Under UNCLOS, only the coastal state, only the Philippines can put up a structure there. And no country can stop us from putting up a structure there. China has no right whatsoever to stop us because that’s our exclusive economic zone,” he added.

Carpio also said Marcos should be careful in issuing such statements.

“He should be, because that will not only confuse us but give aid and comfort to China. And our allies will be confused kasi ang allies natin, ang alam nila (what they know is) that was already declared by the tribunal as part of the EEZ,” Carpio said.

He said the Philippines should call on United Nations (UN) member-states to condemn China’s actions as these violate the UN Charter and UNCLOS.

“That is considered, that’s a threat of force. Bawal (It is not allowed). The UN Charter prohibits states from settling disputes by threat or use of force. All disputes must be settled by negotiation, mediation, arbitration, and judicial settlement. That’s the basic principle, foundation of the UN Charter,” Carpio said.

GMA Integrated News has sought comment from Malacañang but it has yet to respond.

In July 2016, the UN Permanent Court of Arbitration in The Hague, based on a case filed by the Philippines, junked China's nine-dash line claim covering the entire South China Sea, including the West Philippine Sea.

China has refused to acknowledge the ruling. —Sundy Locus/NB/KG, GMA Integrated News