China actions may be considered an 'armed attack,' says law expert

China’s latest aggression against Filipino vessels in the Ayungin Shoal may already  be considered an “armed attack” which may invoke the mutual defense treaty (MDT) between the US and the Philippines, a maritime law expert said on Friday. 

However, Prof. Jay Batongbacal said that invoking the MDT did not mean the Philippines “going to war” against another country. 

“You can consider that as an armed attack because clearly they used weapons, di ba? And then they were committed against Philippine sovereign vessel and personnel. Whether it is an act of war is actually a political decision. It’s not a legal term,”  Batongbacal  said in Joseph Morong’s “24 Oras” report. 

(You can consider that as an armed attack because they used weapons, right? And then they were committed against Philippine sovereign vessels and personnel. Whether it is an act of war is actually a political decision. It’s not a legal term.)

“Just because you say you’re invoking the MDT, that does not mean automatic giyera na. ‘Yun yung misconception ng mga tao eh. Masyadong simplistic,” Batongbacal added. 

(Just because you say you’re invoking the MDT, that does not mean we will be at war. That’s the misconception.)

On Monday, Chinese Coast Guard personnel, brandishing knives, an axe, and pointed sticks, repeatedly rammed then boarded Philippine Navy rubber boats, to stop them from delivering food supplies, firearms and other necessities to Filipino troops at the shoal.

Videos and photos released by the Philippine military showed tense confrontation at the shoal and Philippine boats slashed and navigational screen smashed. China seized two Philippine boats and several M4 rifles.

According to the maritime law expert, there may be other actions against China under the MDT including economic, diplomatic, and political, among others. 

“Bale may obligasyon ang US na tulungan tayo ngayon. Anong klaseng tulong ‘yung, pag-usapan pa nila,” Batongbacal added. 

(The US has an obligation to help us. They should discuss what kind of help.)

Batongbacal said the Philippines, under the 1982 UNCLOS, may ask for indemnity from China for the equipment of Filipino soldiers that the Chinese Coast Guard (CCG) stole and damaged during the incident.

“Kailangan i-establish mo yun. Kailangan ding mag-decide kung ano yung magiging process for getting that,” he added. 

(They need to establish that and decide the process on how to recover the firearms.)

2016 arbitral win

The Philippines has repeatedly called out China over its repeated aggression in the WPS including the ramming and firing of water cannons at Philippine vessels.

Tensions between China and Philippines have heightened in recent months as both sides trade accusations over a series of incidents in the WPS.

China claims most of the South China Sea, parts of which are also claimed by the Philippines, Brunei, Malaysia, Taiwan, Vietnam and Indonesia. 

The July 2016 Permanent Court of Arbitration ruling issued by an international tribunal upheld the Philippines' 200 nautical mile EEZ, outlawed Chinese aggression in the common fishing ground of Scarborough Shoal, and rejected China’s expansive nine-dash-line claim of the entire South China Sea. —Sundy Locus/NB, GMA Integrated News