With its limited resources ranged against the might of an Asian giant, the government is being advised to adjust its strategy in the West Philippine Sea (WPS) as it is running out of options in a toe-to-toe confrontation.
It’s not a matter of pride but statecraft to change the strategy in the WPS and accept the United States offer to escort Philippine vessels since if the ramming incidents continue, the Philippine Coast Guard (PCG) will lose all its big vessels to repair.
Former Supreme Court Associate Justice Antonio Carpio made his case about the Philippines taking stock of the WPS situation through a practical lens.
“It’s a matter of wisdom. It will be dumb if you continue to do the same thing, and you’ll run out of Coast Guard vessels; it’s not even practicality but it is demanded by necessity,” Carpio warned the government.
Under the United Nations Charter, the magistrate said, nations are allowed to have mutual self-defense pacts with other countries against aggression by other states, thus, cooperation is allowed under international law.
The PCG’s BRP Teresa Magbanua, one of the country’s biggest ships, left Escoda Shoal in the West Philippine Sea after a five-month duty securing the WPS feature from poachers and occupation.
Executive Secretary Lucas Bersamin praised the determination of the ship’s crew as the vessel “carried out her sentinel duties against overwhelming odds.”
Bersamin, also the National Maritime Council chairperson, said in a statement that during her deployment to Escoda Shoal, the Teresa Magbanua challenged an encirclement by a larger flotilla of intruders and battled inclement weather, with her crew surviving on diminished daily provisions.
It was “mission accomplished” by the Teresa Magbanua, according to Bersamin.
Yet, Carpio said, the Philippines, despite the gallantry of the PCG, is running out of options.
“If we continue this way, the PCG will run out of vessels since all would have been rammed. That is precisely the plan of China; we have to change our tactics now,” Carpio said.
The Philippines should also file a second arbitration case that would involve seeking compensation from China for the cost of the damage incurred in the ramming incidents.
“In the case of the 2016 award, the US and its allies are sailing in the WPS saying that ‘we can do this as a result of the arbitral award.’”
Thus the ability of other nations to sail in the contested sea which China claims as its territory under its 10-dash line demarcation is actually an enforcement of the arbitral award.
“It’s the freedom of navigation and overflight operations of our friends, the US and our allies, that is preventing China from enforcing the 10-dash line, that is actually an enforcement (of the arbitral award),” according to Carpio.
Filing a second case would be a deterrent against Chinese aggression, which Carpio explained would constrain Beijing from “aggravating” the situation.
“While the case is going on, there is a provision in international law that says the parties should not aggravate the dispute and China would be aggravating the dispute if it continues to ram our vessels,” Carpio said.
“China is saying that it considers the award (2016 arbitral ruling) null and void and that it will not honor and respect it, but despite everything, the arbitral award has a negative effect on China that cannot be erased and their officials are saying that the Philippines should be prevented from filing another arbitral case,” Carpio said.
“Of course, China will not publicly accept it but the arbitral case is hurting and damaging it,” he added.
The Philippines has proven that it can withstand the test of China’s aggression which it has hurdled with flying colors.
It’s time to challenge Beijing, with the help of our allies, to act responsibly as part of the community of nations.