UN sets July hearing on sea row

THE HAGUE-BASED United Nations arbitral tribunal announced that the oral hearing on the “jurisdiction and admissibility” of the Philippines’ case against China’s nine-dash line claim is set for July despite the refusal of China to participate.

The UN arbitral tribunal said the schedule follows its third meeting in the Hague on April 20 and 21.

In an April 22 statement, the tribunal said it will treat China’s statements, including its position paper in December 2014, as “constituting a plea concerning the Arbitral Tribunal’s jurisdiction.”

The oral hearing in July, it said, will address the objections to its jurisdiction in China’s position paper.

China, in its position paper, said “it will neither accept nor participate in the arbitration unilaterally initiated by the Philippines” and the arbitral tribunal has no jurisdiction over the case.

But the tribunal said Article 9 of Annex VII to the United Nations Convention on the Law of the Sea allows the proceedings to continue even if one of the parties refuses to participate.

“Unable to defend both its unlawful position on the core issue, which is the nine-dash line claim and its unilateral and aggressive reclamation activities, our northern neighbor has reduced its lack of response to name-calling once again,” Foregin Affairs spokesperson Charles Jose said.

Alunan Facebook post

Meanwhile, the Armed Forces of the Philippines yesterday denied reports its airplane was fired upon on Monday by a Chinese frigate while flying to Pag-asa Island in the disputed West Philippine Sea to pick a patient.

Lt. Col. Harold Cabunoc, AFP’s public affairs office chief, was reacting to questions posed by media regarding a post by former Interior Secretary Rafael Alunan III on his Facebook account Wednesday about the supposed incident.

Alunan, quoting a friend based on Pagasa, said: “There was a near disastrous incident between a Chinese frigate and a PAF patrol aircraft early Monday. The frigate fired an illumination round on the PAF aircraft which necessitated grounding all military flights into the WPS!”

Cabunoc confirmed the Western Command (Wescom) was scheduled to pick up a patient named Chito Pastor on a Nomad plane from Pag-asa yesterday.

However, the Wescom was not able to provide an air asset due to technical problems, he said.

Instead, Wescom allowed the relatives of the patient to send a Piper PA-30 civilian plane to evacuate the patient.