SENIOR Associate Justice Antonio Carpio on Thursday objected to a proposal for joint military exercises between China and the Philippines because it gives the impression that the country’s sovereign rights in the West Philippine Sea are not secured.
Carpio, who has been in the forefront of the campaign to assert the Philippines’ territorial jurisdiction over several islands in the West Philippine Sea, said he finds it ironic for the Philippines to have joint patrols with China in the disputed areas when Beijing is claiming ownership of most areas of the South China Sea, including the islands within the WPS.
“Since China claims the West Philippine Sea, it will be strange for us to agree that they patrol that area with us because when we allow it, that might be an implied admission that our sovereign rights are not that secure or firm,” Carpio said in a TV interview on the ANC news channel.
Carpio said he is in favor of joint patrols of the disputed waters with the United States since the Philippines has an existing mutual defense treaty with the US, and is the only country that has offered joint patrols.
The senior Supreme Court justice made the statement after President Rodrigo Duterte said that China can hold joint military exercises with the Armed Forces of the Philippines in the Sulu Sea to combat the kidnapping activities of terror group Abu Sayyaf.
Carpio also cautioned President Duterte about making pronouncements as the country is warming up relations with Beijing, noting that the Chief Executive’s words could easily be misinterpreted as waiving the country’s sovereignty.
“The other side could argue that that is the implication, so we should be very careful, we have to weigh very carefully what declarations we make before the world,” Carpio said.
“There is a principle in international law that statements of the President, unilateral statements can bind the country because as far as the international [community] is concerned, your head of state binds your country whenever he speaks,” he said.
Carpio explained that if a government official waives the country’s sovereign rights as was awarded by the international tribunal, “that would be a betrayal of public trust.”
“If you are no match for China, we don’t have to waive it. You can insist, even if you cannot physically get it, but you must keep on insisting because if you waive it, it is gone forever,” Carpio said, believing that China “will never give it back.”
“We are not the final judge of whether we have waived it or not. It could be an international tribunal,” said Carpio, who was part of the country’s battery of lawyers that initiated the case against China before the Permanent Court of Arbitration in The Hague.
Earlier, the AFP said China has continued its expansion in the disputed South China Sea, with vessels spotted even in the Philippine Sea.
Maj. Gen. Felimon Santos Jr., AFP deputy chief of staff for intelligence, described China’s presence in the South China Sea and Philippine Sea as “intensifying.”
“Aside from China’s continued land reclamation and construction operations in its seven reclaimed features, Beijing is intensifying the deployment of its maritime assets in the South China Sea and even in the Philippine Sea,” Santos said.
He also showed slides of the most recent areas where Chinese research vessels have passed, including waters close to the Philippines.
Xiang Yang Hong 03 reportedly stayed for nine days northwest of Vigan City in Ilocos Sur, while Xiang Yang Hong 06 stayed for 19 days until finally being seen 226 nautical miles northeast of Guiuan, Eastern Samar, the military official said.
One more Chinese vessel was spotted inside the waters of Mindoro, but it seemed to be tailing another warship from another nation.
“By all indications, China is undertaking all necessary moves toward attaining full dominance in the South China Sea,” Santos said.
Foreign Affairs spokesman Robespierre Bolivar said that the department will raise the matter of the Chinese ships with Beijing.
“We have bilateral and multilateral mechanisms through which we can raise this issue with the Chinese side,” Bolivar said.
Ambassador to Beijing, Jose Santiago Sta. Romana, however, said the Philippines will try to work around the areas of contention with China.
The senior diplomat made these pronouncements as incoming Foreign Secretary Alan Peter Cayetano announced that the bilateral talks between the Philippines and China over the disputed South China Sea will start this month.
“There are areas of contention. And on the part of the Philippines, we want to make sure that it is not in conflict with any of our economic and national interests,” the ambassador told ANC.