THE Philippines maintained anew its sovereign rights over the Scarborough Shoal, locally known as Bajo de Masinloc, following a recent incident where a Philippine Navy patrol vessel was shadowed by Chinese forces in the disputed territory located in the West Philippine Sea (WPS).
In a statement Thursday, November 2, 2023, the Department of Foreign Affairs (DFA) said the Philippines has no obligation to seek other state’s approval when navigating its own territorial sea.
"The Philippines' conduct of maritime patrols in the waters around Bajo de Masinloc is a legitimate and routine act of a sovereign country in its territory and territorial sea and is part of the Philippines' administrative responsibility," the DFA said.
"There is no obligation for the Philippines as the sovereign state to seek the approval of another when navigating its own territorial sea," it added.
The DFA said it was China that is intruding the Philippine territory and not the other way around as repeatedly claimed by China.
"The 2016 Arbitral Award upheld its status as a high-tide feature that has no exclusive economic zone or continental shelf of its own as opposed to an island as defined under Article 121 (3) of the United Nations Convention on the Law of the Sea (Unclos)," the DFA said.
"Chinese authorities are reminded that its apparent exercise of maritime law enforcement powers, interference with Philippine vessels, harassment and intimidation of Filipino fisherfolk, or any other activity that infringes upon the Philippines' sovereignty, sovereign rights, and jurisdiction in Bajo de Masinloc and the West Philippine Sea are violations of international law, particularly Unclos and the Arbitral Award," it added.
Chinese air force Colonel Tian Junli, a spokesperson for the Southern Theater Command of the People’s Liberation Army, said Philippine ships “illegally entered” waters off Scarborough Shoal without authorization, prompting Chinese vessels to follow, monitor and block them in accordance with the law.
He urged the Philippines “to immediately stop its infringement and provocations, and earnestly avoid further escalation.”
He said the action of the Philippine authorities have “seriously violated” China's sovereignty and international law and basic norms governing international relations, and are prone to misunderstanding and miscalculation.
National Security Adviser, former Armed Forces of the Philippines (AFP) chief-of-staff Eduardo Año also maintained that the Philippines has every right to patrol the length and breadth of the WPS, “which is well within the country’s Exclusive Economic Zone (EEZ).”
Año said China is “again over hyping” the incident.
“Nonetheless, the AFP and PCG (Philippine Coast Guard) will not be deterred by the aggressive and illegal activities of PLAN Navy/China Coast Guard/Militia in the West Philippine Sea,” he said.
“We urge China to act responsibly, respect Unclos, adhere to the 2016 Arbitral Ruling, promote the rules-based international order, and stop its aggressive and illegal actions in PH waters,” he added.
Two weeks ago, China’s shadowing of Philippine vessels conducting resupply missions in the Ayungin Shoal resulted in a collision.
President Ferdinand Marcos Jr. ordered the conduct of a probe into the incident. (TPM/SunStar Philippines)