Foreign Affairs Secretary Enrique Manalo said on Tuesday that the new China Coast Guard (CCG) regulations to detain foreign nationals in the South China Sea violate the United Nations Convention on the Law of the Sea (UNCLOS).
Manalo said this in a chance interview in Taguig City after Chinese experts claimed that the Philippines had a malicious misinterpretation of China’s new CCG regulations.
"Why would they say it's a malicious misinterpretation? They announced it, it was quite clear," Manalo said.
"We have to see what will happen, but obviously, whatever they say, if that's correct, is inconsistent with UNCLOS," he added, referring to the United Nations Convention on the Law of the Sea.
President Ferdinand Marcos Jr. earlier condemned China's detainment order, stating that such an action "would be completely unacceptable to the Philippines."
Former Senate President Juan Miguel Zubiri also criticized China's new regulation, which mandates the detention of any foreign nationals trespassing in the region, as illegal under the UNCLOS.
In the same interview, Manalo also revealed that Marcos Jr. has not yet issued specific instructions regarding the alleged wiretapping of Chinese embassy personnel discussing a "new model" deal on the Ayungin Shoal.
Manalo pointed out that they have yet to receive solid evidence that the call on the alleged “new model” in the Ayungin Shoal has transpired between a Chinese diplomat and a ranking Armed Forces of the Philippines (AFP) official.
He also firmly maintained that the government has never reached a Cabinet-level agreement on any Chinese proposals related to the Ayungin Shoal.
"I have not received any instructions. If we find any evidence, obviously we will take whatever action is considered necessary," Manalo said.
"It all depends on what kind of action. This applies to all diplomats," Manalo added, highlighting the seriousness of the allegation but reserving comment until evidence is presented.
The Philippines and China have a long history of friction over the South China Sea, with both countries maintaining claims to resource-rich areas. The latest developments come as the region grapples with the implications of China's new Coast Guard regulations, which grant its Coast Guard expanded authority to use force in disputed waters.