PCG condemns China actions, but says Ayungin incident not an 'armed attack'

The Philippine Coast Guard (PCG) on Saturday called out China's actions in asserting sovereignty in Ayungin Shoal, but said the incident that left seven Filipino servicemen injured could not be considered as an armed attack.

Speaking at a news forum on Saturday, Commodore Jay Tarriela, PCG spokesperson for the West Philippine Sea (WPS), said that the incident should not be viewed as such, even if Chinese forces were recorded on video brandishing bladed weapons at Filipino troops.

"On the part of the People's Republic of China, ang intention naman talaga rito is to prevent the resupply mission from being successful. So there is no reason na interpret natin ito that this is an armed attack," Tarriela said.

(On the part of the People's Republic of China, the intention was really to prevent the resupply resupply mission from being successful. So there is no reason for us to interpret this as an armed attack.)

He sought to allay fears that the June 17 incident would be a tipping point for war and trigger the 1951 Mutual Defense Treaty (MDT) signed by the Philippines and its ally, the United States.

"Ang mga kababayan nating Pilipino, kung iniisip nila na magkakaroon ng malakihang digmaan o giyera, so we have to go back, ano ba objective ng Philippine government dito, at ano objective ng China (To our countrymen, if they are thinking that a big war would erupt, we have to go back: What was the objective of the Philippine government, and what was the objective of China?)" Tarriela said, adding that, "Again, our objective is to resupply, the Chinese objective is to prevent the resupply from happening. That is the only thing that happened there in the resupply mission."

As for the loss of a Filipino serviceman's thumb during the incident, Tarriela said this was due to the high-speed ramming of rigid hull inflatable boats (RHIBs) and not through the Chinese troops' weapons.

Nonetheless, Tarriela said, "But we should not interpret this as something (that) we don't consider as barbaric and inhumane action on the part of the Chinese Coast Guard. We still condemn these actions that they did to our troops."

The development comes on the heels of the statements of Executive Secretary Lucas Bersamin, who said Friday that the incident was not an armed attack that may trigger the MDT. Lucas, who chairs the newly formed National Maritime Council, had said that the incident was "probably a misunderstanding or accident."

'Space' for diplomacy

Maritime law expert Jay Batongbacal said Saturday that treating China's latest actions in the Ayungin Shoal as a "misunderstanding" or "accident" would help pave the way for a diplomatic solution between the Philippines and China.

"I think the intention there is to essentially treat that incident as on the same level as a misunderstanding or an accident. That would be useful to give space for more deliberate effort to seek a diplomatic and peaceful solution," Batongbacal said in a news forum.

"Para hindi mapusok... hindi premature ang magiging reaksyon. It is giving space for that," he added

(So that the reaction will not be impulsive or premature. It is giving space for that.)

Batongbacal said the Philippines is a peaceful country "that will not resort to war as an instrument of national policy."

"That, I think, is why it was mentioned, it was being treated essentially on the same level as that rather than an initiation of an aggressive armed conflict by China," he said.

'Unlawful use of force'

Presidential Assistant for Maritime Concerns Andres Centino on Friday said that invoking the MDT was not yet being considered despite the June 17 incident in Ayungin Shoal.

Last April, President Ferdinand "Bongbong" Marcos Jr. said the Philippines would invoke the MDT in the event a Filipino soldier died in the West Philippine Sea.

"China has engaged in an unlawful use of force against the Philippines, particularly against Filipino troops and its sovereign vessel, and this is a major cause of concern because this is a violation of principles of the United Nations Charter and international law," Batongbacal said.

However, Batongbacal said that not every unlawful action of a state should be considered "an act of war and the start of hostilities between states." — with a report from Jamil Santos/VDV, GMA Integrated News