Presence of US military aircraft during resupply mission within PH’s right —DND, expert

The presence of a US military plane during resupply missions at Ayungin Shoal is within the rights of the Philippines, the Department of National Defense (DND) and a maritime law expert said Tuesday.

DND Undersecretary for Strategic Assessments and Planning Ignacio Madriaga and Professor Jay Batongbacal made the statement after Senator Robin Padilla questioned the presence of an American plane during the latest resupply mission.

“We acknowledge ‘yung presence ng [US NAVY] Poseidon aircraft during the first and the second RoRe (rotation and resupply mission). I think it's coordinated sa AFP… ‘Yung activity ng Chinese Coast Guard don ‘yun ang illegal. ‘Yun pong presence ng US military tsaka ng Coast Guard at ng Philippine military don sa exclusive economic zone natin is within our right po,” Madriaga told the Senate national defense committee.

(We acknowledge the presence of the Poseidon aircraft during the first and second rotation and resupply mission. I think it's coordinated with the AFP... The activity of the Chinese Coast Guard there is illegal. The presence of the US military, Philippine Coast Guard, and the Philippine military in our exclusive economic zone is within our right.)

The DND official explained that the presence of the Americans there was meant to “help in the maritime domain awareness.”

“Parang merong "eye in the sky" na nanonood ng buong pangyayari,” he said.

(It's like having an "eye in the sky" observing what's happening.)

Madriaga, however, did not answer if Philippine authorities requested such assistance from the United States.

He, however, emphasized that the Philippine military and the Philippine Coast Guard (PCG) could do the resupply mission with or without the help from other countries.

“Hindi po tayo aamin na hindi po natin kaya yung trabaho. Que may Amerikano [o] sinong ibang bansa po, kaya po ng Philippine Navy, kaya ng Philippine Coast Guard po yan, hindi po tayo susuko diyan,” Madriaga said.

(We will not say that we cannot complete the task. Whether American or any other country, the Philippine Navy and the Philippine Coast Guard can finish the objective. We will do our best.)

Reconnaissance aircraft

But Padilla insisted that the presence of a US military aircraft should be clarified.

“Kailangan lang po natin linawin talaga kung bakit may Amerikano doon. ‘Yun lang po gusto ko linawin talaga. Bakit handa na ba tayo…papaano kung nagpalipad din ang dayuhan doon ng eroplano nila ano po kayang reaksyon natin?” he asked.

(We need to clarify why there was an American plane. That's really what I want to be explained. Are we ready?... What if the foreigners also deployed an aircraft? Are we ready?) 

He went on to say the Philippines should not be a "pawn" in any situation. 

Senator Francis Tolentino then manifested and explained that the US Navy Poseidon aircraft is not a tactical aircraft—an information which was confirmed by Madriaga.

“Pang maritime awareness po siya na capability. Technically, hindi po siya war plane,” Madriaga said.

(It was for maritime awareness. Technically, it was not a war plane.)

Batongbacal, who participated in the hearing virtually, said that there was no violation of international law in the presence of the US military aircraft during the latest resupply mission.

“Yun pong US Navy reconnaissance aircraft, umiikot lang po don sa lugar. Tama nga po nagbibigay lang ng maritime domain awareness kaya hindi po siya directly involved don sa nangyayari sa dagat at ‘di siya pwedeng maging involved kasi nasa ere lang siya, nanunuod lang siya,” Batongbacal said.

(The US Navy reconnaissance aircraft was just circling the area. It was just giving maritime domain awareness and was not directly involved in what was happening in the sea. It cannot be involved because the plane was on the air and was just observing.)

He explained that there is freedom of navigation and overflight in the areas near Ayungin Shoal, which means the presence of US military aircraft does not violate any international laws.

“Yung area po na ‘yun ay parte po ng ating exclusive economic zone and continental shelf, ‘yun pong Ayungin Shoal. Thereby, hindi po ‘yan land territory. Wala pong territorial sea d’yan, walang territorial airspace at sa ganon mayroong freedom of navigation and overflight po 'don sa paligid ng Ayungin Shoal,” he said.

(That area is part of the exclusive economic zone and continental shelf of the Philippines. There's no territorial sea or air space and there was freedom of navigation and overflight in the area of Ayungin Shoal.)

“’Yung US military aircraft na nandon kahit pa may operation o wala, mayroon po siyang freedom of navigation and overflight don wala pong naba-violate na international law sa paglipad niya don at pagmasid sa mga pangyayari don. Yun po ang function ng maritime domain awareness para po malaman kung ano ang nangyayari sa lugar,” he added.

(With the presence of a US aircraft, whether there was an operation or not, there is freedom of navigation of overflight and there's no violation of international law as it aonly flew and observed what was happening. That's the function of the maritime domain awareness, to observe what's happening in the area.)

Freedom of navigation

Last Friday, Chinese vessels again maneuvered dangerously against Philippine ships in the resupply mission to the Ayungin Shoal, where a US aircraft was seen.

On Monday, AFP Spokesperson Colonel Medel Aguilar said other countries were conducting maritime domain awareness missions in the West Philippine Sea.

“I am aware na may nagmo-monitor din. Meron tumutulong sa atin na mapataas ang ating level ng pag-monitor sa maritime domain awareness,” he said.

(I am aware other countries are observing. They are helping us in increasing our monitoring for maritime domain awareness)

A US Navy aircraft was also spotted during the August 22 resupply mission.

Defense Secretary Gilberto “Gibo” Teodoro Jr. last Friday said that the US Navy aircraft were conducting freedom of navigation operations on their own.

“In the role of the United States in those resupplies, they were providing freedom of navigation, they were conducting freedom of navigation operations on their own, uncoordinated with us, which they do on a regular basis anyway,” Teodoro said.

“Well, they (the US) might have coordinated it. But that's below my level of coordination if ever,” he added. —VAL,GMA Integrated News