Retired Supreme Court Senior Associate Justice Antonio Carpio urged the Department of Foreign Affairs (DFA) to educate the public on the legal and historical foundations of the country’s sovereignty over Bajo de Masinloc.
He made this remark over the weekend following China’s announcement that it is establishing the “Huangyan Island National Nature Reserve” at Scarborough Shoal.
“China’s declaration raises the issue of what state has sovereignty over Bajo de Masinloc – the Philippines or China. Thus, it is not enough for the Department of Foreign Affairs to lodge a perfunctory protest against China. The DFA must explain to the Filipino people and the world the legal and historical bases of Philippine sovereignty over Bajo de Masinloc,” Carpio said in a statement.
The former magistrate opined that China’s declaration violates the country’s sovereignty because Bajo de Masinloc is Philippine territory under local laws, including the recently enacted Philippine Maritime Zones Act.
The DFA must also debunk China’s claim that Philippine territory is limited to the islands within the 1898 Treaty of Paris lines, according to him.
He explained that Bajo de Masinloc and the Spratlys were part of the country’s territory in the 1734, 1808, and 1875 official Spanish maps.
Likewise, Carpio noted that the DFA and other relevant government agencies must agree on the legal and historical bases of Philippine sovereignty over Bajo de Masinloc and the Kalayaan Island Group.
“This is basic and fundamental in convincing the world of the justness and legality under international law of our sovereignty over the islands in the West Philippine Sea,” he said.
