Carpio: Not repairing BRP Sierra Madre means conceding Ayungin Shoal to China

Former Supreme Court Associate Justice Antonio Carpio said that agreeing not to bring construction materials and repair on the BRP Sierra Madre (LS57) is like conceding Ayungin Shoal to China. 

"Assuming that [it] was correct, what Harry Roque said, well it’s disadvantageous to us because if we allow only food and water to be brought to BRP Sierra Madre, then BRP Sierra Madre will collapse because the superstructures of the [ship] is already rusting," Carpio said In a television interview on Wednesday. 

Carpio made the statement in light of the supposed "gentleman's agreement" between former President Rodrigo Duterte and the Chinese government, restricting the Philippines from bringing construction materials to the BRP Sierra Madre. 

He cited the Philippine Navy’s estimation that the warship "may collapse anytime unless it is repaired."

"So, in other words, entering into that agreement knowing that the ship will collapse and our presence will end, and then, you are actually giving Ayungin shoal to China. Why we will agree to that?," Carpio stressed. 

He also mentioned that the arbitral ruling had already been in place since July 2016 when Duterte agreed with China.

"The ruling said Ayungin shoal is really part of the EEZ (exclusive economic zone) of the Philippines," he added. 

Under the United Nations Convention on the Law of the Sea (UNCLOS), Carpio emphasized that the Philippines has exclusive rights to put up structures, to manage and conserve the resources in the shoal. 

"Because if we are not present there, the Chinese fishermen will go there and destroy, and pulverize the coral reefs to get the giant clamps embedded in the coral. That’s what they did in Escoda shoal and Russel reef," he added. 

Carpio said the Philippines' presence in the Ayungin shoal is needed "to prevent the destruction of the marine environment" in the WPS.

"But if you will say, we will not repair the BRP Sierra Madre, that means you are conceding because it will soon collapse and we’ll lose our presence," he pointed out.

He noted that the supposed agreement between Duterte and China is not binding because it was not publicly announced.

Carpio said it is the best option for the government to change the Philippines' presence from a military to a non-military state.

"How? We put up a lighthouse there to be manned by the coast guards and we put a marine research center," he said.

He said the non-military post is not necessarily replacing the BRP Sierra Madre. 

"We have to look for a proper place within that shoal. Within the BRP Sierra Madre [or somewhere else} within the Ayungin shoal. I can’t tell that now but we should put up a lighthouse that is civilian in character," he said.