Steal, kill and destroy
Most lawyers would agree that the arbitral ruling using the United Nations Convention on the Law of the Sea is valid and binding under international law, contrary to a ridiculous claim by an Army general who opined that such ruling from the Permanent Court of Arbitration is a mere “piece of paper” that embodied a “kangaroo ruling”!
If only to make theft into a lighter conversational topic, allow me to share one of the better jokes I heard about thieves:
Juan: “Oh crap! The police are here! Quick, jump out the window!”
Pedro: “What!? We can’t, we’re on the 13th Floor!”
Juan: “Hurry up, man! Now’s not the time for superstitions!”
Either Juan is dim-witted or he probably prefers breaking a bone than getting caught (still dim-witted). On the other hand, Pedro is just as dim-witted for responding that way. As hilarious as this situation may seem, both are guilty of theft, by itself. Under our penal laws, when stealing is accentuated by force or intimidation, theft turns into robbery! in common law, larceny is similar to theft. Either way, both are downright atrocious and evil at the outset.
There is larceny ongoing in our midst since more than 200 Chinese vessels were seen moored in formation at Julian Felipe (Whitsun) Reef—well within the Philippines’ 370-kilometer exclusive economic zone (EEZ). Interestingly, a Us-based research company called Simularity Inc. reported that it first documented the Chinese vessels in November 2020 and that a large number had been “mooring, arriving and departing at Whitsun Reef since mid-december 2020.” While Philippine military forces believe that the vessels are manned by maritime militia, the Chinese Ambassador to the Philippines was quick to retort that these are merely fishing vessels seeking shelter at the reef because of bad weather. Incidentally, no international report of any inclement weather can be found. Assuming there were some rough conditions at sea that forced the Chinese vessels to anchor at the reef, the mooring period should not extend beyond 5 days! And yet more than 30 days have passed, the supposed fishing vessels, or a number of them, still refuse to depart. What is quite perplexing is that no official communication came from Chinese officials to inform the Philippine government of this purported intention to “seek shelter.”
Another possible land reconstruction
may be in the offing to solidify China’s claim, similar to what happened in the other disputed territories in the Spratly Islands. Remember Scarborough Shoal? Hardly anyone should call China a thief. After all, it is asserting its claims of ownership in these islands just like the other countries around us. But if the claim has already been settled, then any action to justify any presence without permission from the rightful owner is the same color as stealing, killing and destroying.
Most lawyers would agree that the arbitral ruling using the United Nations Convention on the Law of the Sea (UNCLOS) is valid and binding under international law, contrary to a ridiculous claim by an Army general who opined that such ruling from the Permanent Court of Arbitration is a mere “piece of paper” that embodied a “kangaroo ruling”! In our joke, if China is Juan, then this general is Pedro! Both are dim-witted, yet are trying to evade liability from their acts of stealing, killing, and destroying!
Satellite images reveal that the said Chinese vessels have been coming into our EEZ for more than 100 days, without any prior consent or permission, until an “Intruder Alert” went off, although belatedly. W hether the vessels are manned by militia, military, or civilian fishermen, they came to steal, either the land itself or the aquatic resources around it. This armada of long-staying vessels likewise signifies an attempt to kill or exterminate either the peace between China and the Philippines or the sovereignty of the Philippines over its EEZ, or both. Moreover, the “fishing fleet” seeks to destroy the ecosystem in the area, which presence, according to the National Task Force to the West Philippine Sea (NTF-WPS) indicate “possible overfishing and destruction of the marine environment, as well as risks to safety of navigation.”
I wish our diplomatic channels remain open and both China and the Philippines will continue to engage in meaningful dialogue over maritime territories. Such unwanted presence of vessels, as echoed by both Defense and Foreign Affairs departments, steals joy, health and wealth, alienates affection and trust, and separates citizens literally and figuratively speaking. It strips the Filipino of even the slightest semblance of dignity. It gravely affects the economy, causes an international divide, and paralyzes crossnation operations. The threat of an escalating rift and even hostilities is always imminent. Top leadership appears to be stubbornly refusing a more aggressive stance other than an international protest. The way I see it, there are thieves within. This continuing deception from some government officials calling the arbitral award as a “kangaroo ruling” and sowing that unbridled fear of an unnecessary confrontation can only be described as the “devil within us.” I am reminded about how Jesus Christ made reference to the devil as a singular expression of a thief.
In the Bible, John 10:10 tells us, “The thief comes only to steal and kill and destroy. I came that they may have life and have it abundantly.” So whatever kind of theft a person or country may experience or is experiencing, the same can only be the work of the evil one, and not of Our Creator. Whenever joy, peace, good relationship, is lost or stolen, I was taught that it can never come from the good shepherd who only wants his sheep to be well and prosperous. While there may be some trials sent our way, these build our character and perseverance, not to steal and kill and destroy.
As for our maritime issues with China, our real enemy is the devil that has long been lingering to seek a divide between China and the Philippines. I still believe in the goodness of a few good men from both countries. But the devil within feeds on inequality among nations, on greed and ambition, and even on laxity and fear. Against these machinations, we should remain watchful, just like how our Coast Guard tries to watch over our coastlines. Some have recommended that our country should continue to monitor unoccupied reefs and areas of our EEZ either through patrols, drones, and satellites. Some have appealed to top leadership to simply enforce the Arbitral ruling in whatever way possible.
The bottom line is to gather strength from within ourselves to fight against the devil within our community, whose actions aim to steal, kill and destroy. This we can do by simply staying away from a devil like Juan who wants to steal from the outside or by not being a Pedro who cooperates with Juan from the inside.
A former infantry and intelligence officer in the Army, Siegfred Mison showcased his servant leadership philosophy in organizations such as the Integrated Bar of the Philippines, Malcolm Law Offices, Infogix Inc., University of the East, Bureau of Immigration, and Philippine Airlines. He is a graduate of West Point in New York, Ateneo Law School, and University of Southern California. A corporate lawyer by profession, he is an inspirational teacher and a Spirit-filled writer with a mission.
For questions and comments, please e-mail me