Metro Manila (CNN Philippines, December 12) — The Philippines may look into its legal options against China to demand possible compensation after its vessels suffered damage due to the China Coast Guard’s (CCG) aggressive actions in the West Philippine Sea (WPS), a national security official said Tuesday.
To recall, there have been a few incidents wherein China’s larger, more capable ships attacked the Philippines’ smaller vessels.
In the most recent incident, the CCG fired water cannons against Philippine vessels on Sunday in an attempt to impede their delivery of supplies to Filipino troops at BRP Sierra Madre on Ayungin Shoal. One commissioned boat, M/L Kalayaan, had to be towed back to port after it suffered serious engine damage from the attack.
National Security Council (NSC) Assistant Director General Jonathan Malaya told CNN Philippines’ The Source the damage suffered by Philippine vessels is a violation of the collision regulation.
Asked how the Philippines can seek damages, Malaya said the Department of Justice (DOJ) and the Office of the Solicitor General (OSG) may study and gather evidence to support a possible case.
“There’s always the legal recourse and we have the Department of Justice, the Office of the Solicitor General,” he said.
Malaya said the country’s next steps regarding Beijing’s actions will also depend on the DOJ and the OSG.
“There are many such cases we can file… For that to prosper in an international tribunal, whatever the choice may be, you would need evidence,” he said.
On Monday, the Department of Foreign Affairs (DFA) filed a new diplomatic protest and summoned Chinese Ambassador Huang Xilian over China’s “back-to-back aggressive and harassing actions” in the WPS over the weekend.
In a statement released on Tuesday, the DFA said Undersecretary Ma. Theresa Lazaro verbally delivered the protest, reiterating that the Philippines exercises sovereign rights and jurisdiction over Ayungin Shoal.
\”She (Usec. Lazaro) stressed that China has no right to interfere with the Philippines’ legitimate activities in the Philippines’ own EEZ, including in the waters around Ayungin Shoal. The actions of the Chinese vessels within the Philippine EEZ (exclusive economic zone) are illegal and violate the freedom of navigation,\” the department wrote.
The Philippines demanded that China immediately leave its waters and stop any acts that violate its rights in its EEZ.
Manila also again called on Beijing to comply with its obligations under international law, including the United Nations Convention on the Law of the Sea and the 2016 arbitral award, as well as to adhere to commitments under the ASEAN-China Declaration on the Conduct of Parties in the South China Sea.
\”The same messages were likewise conveyed by the DFA and the Philippine Embassy in Beijing to the Chinese Ministry of Foreign Affairs the previous day,\” the DFA said.
