The Philippines is preparing for a new legal battle against China which Solicitor General Menardo Guevarra said he is eager to prosecute as the government counsel.

Guevarra expressed readiness to represent the nation’s cause in an international legal battle against China pertaining to the West Philippine Sea (WPS) dispute.

Guevarra responded to a Daily Tribune request for comment on retired Supreme Court Associate Justice Antonio Carpio’s assertion that China was building a new island at Escoda (Sabina) Shoal.

The Department of Justice (DoJ) has been preparing a case against China before an international arbitral tribunal for damaging the marine environment at Escoda Shoal and Rozul Reef.

“The matter of legal action is something that the national maritime council has yet to consider and determine. As a collective body, it will make the appropriate recommendation to the President,” Guevarra said yesterday.

“The Office of the Solicitor General is ready to provide the necessary legal support at this time and will spearhead any international legal action that the government may eventually decide to take. Presently the government is focusing on all diplomatic avenues to reduce the tension in the conflict areas,” Guevarra said in response to the Daily Tribune’s query.

The DoJ and the OSG are in discussions on how to address China’s alleged island-building activities at Escoda Shoal, according to Justice Assistant Secretary and spokesperson Mico Clavano.

“The DoJ and OSG continue to discuss possible options and recommendations which will be submitted to the President,” Clavano said.

Ecology new battleground

Carpio said the latest development should be included in the environmental case being prepared against China for destroying the corals in WPS features that was initially reported in September 2023.

Carpio said the next arbitration case would preferably be about “one, to sue China for damages for destroying Escoda Shoal and Rozul Reef, which are within the Philippines’ EEZ (exclusive economic zone).”

The Philippine Coast Guard (PCG) has accused China of building an artificial island at Escoda Shoal, saying the dumping of crushed coral near the shoal may be in preparation for reclamation.

Escoda Shoal is much closer to Palawan than the contested Ayungin Shoal.

Justice Secretary Jesus Crispin Remulla in September 2023 said the DoJ was recommending the filing of cases against China following reports of missing coral at Rozul Reef.

Diplomats face sanctions

Meanwhile, Chinese diplomats will have to face sanctions, such as expulsion from the country, if they are proven to have violated the anti-wiretapping law, following the release of a recording of an alleged phone conversation between a Filipino military official and a Chinese diplomat on a “new model” arrangement in the West Philippine Sea.

“The host country may take measures such as expelling embassy staff or reducing the staff of the embassy,” Senator Francis Tolentino said in a press conference on Wednesday.

Tolentino said a resolution was filed in the Senate calling on the committee on national defense to investigate the alleged wire-tapping of the phone conversation between then Armed Forces of the Philippines-Western Command chief Vice Admiral Alberto Carlos and an unnamed Chinese diplomat regarding WPS operations.

He said the content of the alleged conversation was irrelevant to the inquiry.