The Philippine Star

‘Rody needs briefing from experts on SCS row’

- By HELEN FLORES and JESS DIAZ

President Duterte should get a “fuller briefing” from experts on the South China Sea issue so he could make a strong response to China’s continued encroachme­nt on waters within Philippine territory, former foreign affairs secretary Albert del Rosario said yesterday.

In a statement, Del Rosario said Duterte may consider consulting with acting Chief Justice Antonio Carpio, who is an expert on the issue.

“There appears to be an urgent need for our President to require a fuller briefing from his people as shown, for instance, by his reactions to developmen­ts in South China Sea and, in particular, the West Philippine Sea,” Del Rosario said.

“The expertise of acting Chief Justice Antonio Carpio on the South China Sea is clearly unequalled. Our President may want to consider having his people closely coordinate with the acting Chief Justice on matters related to the South China Sea,” he said.

The former foreign affairs chief issued the statement after Duterte admitted he had no knowledge of the Chinese harassment of Filipino troops conducting resupply missions to a military outpost at Ayungin Shoal.

He also noted how Duterte reacted to the Philippine­s’ loss of control of Sandy Cay.

“Our President seemed to dismiss Sandy Cay as merely a sand bar, not worth protesting. The reaction to Sandy Cay was obviously a decision made without the benefit of being provided full informatio­n,” Del Rosario said.

Del Rosario warned that China could claim Zamora (Subi) Reef as part of the territoria­l sea of Sandy Cay should they acquire control over the sand bar.

The former diplomat also urged the government to prepare and file a resolution before the United Nations General Assembly asking the body to help the country preserve its “hard-earned gains” from its legal victory against China before a UN-backed arbitral court.

In July 2016, the Permanent Court of Arbitratio­n (PCA) based at The Hague invalidate­d China’s massive maritime claim and reaffirmed the Philippine­s’ maritime entitlemen­ts.

The tribunal also said China had violated the Philippine­s’ sovereign right to fish and explore in the West Philippine Sea.

The Duterte administra­tion, however, has decided to set aside the landmark ruling to appease China. He promised to invoke it at the proper time.

“The intended UN Resolution should request China and the internatio­nal community to abide and implement The Hague Arbitral ruling of July 12, 2016,” Del Rosario said.

Under the Philippine Baselines Law, Pag-asa Island, including Sandy Cay, is part of Philippine territory under Article 121 of the United Nations Convention on the Law of the Sea (UNCLOS).

The PCA also ruled that at least three disputed sea features are part of the Philippine­s’ 200-mile exclusive economic zone.

These include Panaganiba­n (Mischief) Reef, where China has built military facilities, and Recto (Reed) Bank, where the Department of Energy has suspended oil and gas exploratio­n due to Beijing’s opposition.

In the face of Duterte’s repeated pronouncem­ents that the Philippine­s can’t afford to pick a fight with China, Rep. Gary Alejano of party-list group Magdalo said the Chief Executive can assert the country’s sovereignt­y over the West Philippine Sea without going to war.

“War is not the only option. We have the favorable ruling from the United Nations Permanent Court of Arbitratio­n. We have the support of the internatio­nal community. If only the Duterte administra­tion would recognize, assert and make use of these,” he said.

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