A retired Supreme Court (SC) associate justice on Monday called on the administration of President Ferdinand Marcos Jr. to consider filing a new arbitration case against China over its continued activities in the West Philippine Sea, saying the Philippines stands on strong legal ground following its landmark 2016 arbitral victory.
Former SC Justice Francis Jardeleza, who was solicitor general when the Philippines filed its first arbitration case before the Permanent Court of Arbitration in The Hague in 2013, said in a radio interview that a new legal challenge would essentially serve as a follow-up to the country’s previous win.
Jardeleza expressed confidence that the Philippines has a strong chance of succeeding should it pursue another case against China.
“The chances are big,” he said in Filipino.
He noted that the strength of any future case would stem from the 2016 arbitral ruling that invalidated China’s expansive claims in the South China Sea.
He dismissed concerns the Philippines might lose in a second arbitration proceeding, pointing out that the country had already secured a favorable ruling on key issues in the first case.
The former magistrate also urged the Marcos administration to complement its diplomatic and defense efforts with legal action.
According to Jardeleza, while the government has been strengthening the Armed Forces of the Philippines and responding to China’s statements through official channels, filing a new case is a crucial step that has yet to be taken.
