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Ian Jasper Samillano Gepte

AB Political Science III-B

Introduction:
Article 12, Section 2 of the 1987 Philippine Constitution states that “…The State
shall protect the Nation’s marine wealth in its archipelagic waters, territorial sea,
exclusive zones and reserve its use and enjoyment exclusively to Filipino citizens”. This
provision in the Constitution is the legal baseline of the Philippine Republic in its Foreign
Policy in the West Philippine Sea thus nonnegotiable and a pre-political mandate for
every administration.1
The West Philippine Sea, according to Senior Associate Justice of the Supreme
Court, Antonio Carpio, refers to the body of water consisting the Philippine territorial
seas, exclusive economic zones (EEZ), and extended continental shelf (CS).2 And if one
refers to the entire dispute between China, Vietnam, Malaysia and Brunei, the term that
should be used is South China Sea, and if one refers to the dispute between the
Philippines and China, then the term that should be used is West Philippine Sea.3 As to
what kind of tension it is, whether territorial or maritime, I say it is both, because the
Philippine Republic and the People’s Republic of China claims the same islands and
rocks that is above water at high tide and an existence of overlapping maritime zones
due to China’s 9 dash line, now 10 dash line and the Philippine Exclusive Economic
Zone set forth by the United Nation Convention on the law of the Sea or UNCLOS.4
The question now is what, are the areas covered by the dispute? Well, First, the areas
covered by the Maritime Dispute are as follows: Mischief Reef which is within the 220
nautical mile of the Philippine EEZ and 125 nautical mile, Ayungin Shoal within the 200
NM of the Philippine EEZ and 105 NM from Palawan, Reed Bank and the sea covered
by the Philippine EEZ.5 as to the Territorial Dispute, some islands in the Spratly group of
Islands, Scarborough Shoal and Kagitingan Reef. 6 The areas covered by the dispute
provides variety of commodity such as food, tourist spots, mineral deposits, and
possible Natural gas and Crude Oil deposits that may boost the Philippine Economy and
the same reason why China is very assertive in its claim in the Area. Therefore it is
better to know why and how China gets to meddle in our territory. It started after World
War II, when the Kuomintang Government demarcates its South China Sea claim with a
U-shaped line made up of eleven dashes on the map, covering most of the area. The
Communist Party, which took over in 1949, erased the two dashes to make it the nine-
dash line. In 1994, the 1982 United Nation Convention on the Law of the Sea, under
which the Philippines has taken China to arbitration, goes into effect after 60 countries
ratified it. Tensions over the overlapping claims started in March 1995 when Philippine
troops detained 62 Chinese fishermen in an effort to assert sovereignty. On July, China
was willing to solve the dispute on the basis of international law and later the Philippines
and China signed a code of conduct but China fails to comply due to its failure to
remove its structures in the area. In 1996, former President Ramos and its Chinese
counterpart vow to seek a joint development. Almost the same incident happened in
1997 and 1998 wherein the Philippine Navy apprehended Chinese civilians. In 2000,
BRP Rajah Humabon fired warning shots to drive the Chinese away thus leads to
consultation. In 2011, tensions heighten between the two countries when the only
warship of the Philippines set sailed to counter the deployment of warships of the
Chinese Government. Then in 2012, the two months standoff between the Chinese
Coast Guard and Philippine Coast Guard. After 17 years old of fruitless bilateral
consultation with China, The government of the Philippines filed a motion for arbitration
before the United Nation backed Permanent Court of Arbitration at the Hague, the
Netherlands, the Republic of the Philippines demanded to desist any unlawful activities
that violates the sovereign rights of the Philippines under the 1982 UNCLOS. 7 2015, the
Arbitration panel, in the Hague ruled that it has jurisdiction over the dispute wherein
China did not participate. And in July 2016, the Permanent Court of Arbitration rules that
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China has no legal basis for claiming much of the South China Sea and had aggravated
the regional dispute with its land reclamation and construction of artificial islands that
destroyed coral reefs and natural condition of the disputed area. 8
Main
The international court of arbitration ruled in favor of The Philippines. “China has
violated the Philippines sovereign right in its Exclusive Economic Zone by interfering
with Philippine fishing and petroleum exploration by constructing artificial islands and
failing to prevent Chinese fishermen from fishing in the zone”. The Arbitration court said
that there was no legal basis for China to claim historic right to resources within its so
called nine-dash line. Furthermore, the tribunal declared unlawful military buildup and
activities in the Spratly.9 Nonetheless, China has its bases in its claim which are as
follows; the 9-dash line set by the Communist Government which predated the
UNCLOS10, Traditional Fishing Grounds of Chinese as claimed by their Government
and the maps that shows that the South China Sea is part of Chinese Empire. These
gave them the justification to act in the area. The Philippines, on the other hand, also
has its reason why and it is the 1982 UNCLOS and the PCA award wherein the
Philippines now doesn’t have mere claims but rights which gave the Philippines
permanent leverage.11 The award secured the 80% of the EEZ of the Philippines that
the 9 dash line covers.12 But the award did not stop China from continuing the activities
that are deemed illegal in international law. They continue the militarization of the areas
which they denied, from huts (to give shelter to their fishermen) to artificial islands,
airstrip and naval base that could hold surface-to-air missiles that can shot any planes
flying in their “indisputable territory”, fighter jets and strategic bombers that could reach
Manila and other strategic targets that can hinder the Armed Forces to defend our
territories and maritime zones. Fleets that can easily destroy the Philippine fleet due to
far more superior technology and submarines that could not be detected and can carry
nuclear attacks. In short they have the capacity to assert its claims and can do horrid
things to secure what they wanted. This is the reason why the Philippines need to
depend more to its ally, The United States until we have the necessary armaments that
can really defend our territories from foreign threats. And the presence of the US Fleet
deters the continuing militarization of China in the South China Sea. Though its
presence could also lead to military mishap, I believe their presence is a significant
block to China’s plan in projecting power in the South China Sea and West Philippine
Sea.
The previous Administration was very assertive in its rights in our Exclusive
Economic Zones and asks the United States for assistance in patrolling the territories
the Philippines claim, and even signed the Enhance Defense Cooperation Agreement
(EDCA) additional insurance to the Mutual Defense Treaty. This stance by the Aquino
Administration was somehow not given priority by the Duterte Administration and
instead going head to head, his administration befriended China and tries to fix the
deteriorating relationship and open the table for compromise to ensure no Armed
Contingency would occur in the disputed areas. And stated that he would set aside the
ruling, according to him, politics in South East Asia is changing and will separate or
demand the US Forces to get out his country.13 In addition to, he threatened to cancel
the Visiting Forces Agreement after the US hold its financial aid to the Philippines. 14
because of his hostile nature to the United States and shift towards China, paved way to
our fishermen to enter the Scarborough Shoal after the Chinese Coast Guard closed the
area to Filipinos, also, China performed acts of good will by saving several fishermen
after a weather disturbance. But these are minor acts to sway the Philippines that it is
okay for China to stay in our maritime zones. But this are mere deception tactics
because last December, satellite image released shows that China continues to install
defensive weapons in its artificial Island and continue to reclaim to create islands. Thus
joint development in the West Philippine Sea would only favor more to China and less
for the Philippines and the existence of the dispute slowly deteriorates the environment.
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Thus the Philippine Government should be careful in playing politics with China, and be
open for many options and contingencies in case everything goes wrong.
Conclusion:
China will never give up their claims in the South China Sea and the West
Philippine as well because their interest and projection of power to challenge the United
States as a world leader and will do anything in its power to achieve its plans and
desires. Thus the following are the possibilities that may transpire due to the continuing
tension:
1. If the relations between China and the Philippines would be better in the
coming years, a possible joint development would be discussed between the countries
to explore the possible natural gas and oil deposits in our exclusive economic zones.
But such development would imply the revival of China’s expansive claims and
assumes that it has rights to our waters.14
2. If China will succeed in its militarization in the area, it would be difficult for the
Philippines and its allies to penetrate in the disputed area. China now controls the whole
South China Sea and West Philippine Sea. Our country now seeks the permission of
China rather the latter seeks the permission to our country to enter in our own maritime
zones and territories.
3. If the Philippines would be back in reasserting its rights thru armed force with
the help of its Allies then war will follow because China as to my observation will never
give up the area that it claims.
4. If countries that sympathizes to our country imposed Economic Sanctions to
China to stop its activities in the South China Sea and West Philippine Sea and respect
International Law. It may be a driving force for China to cease its activities.
Countless possibilities may happen but depends on the action of our
government, International Body such as the ASEAN, and UN, China as well has its part
since it is the primary source of the conflict.
This existing issue poses a serious threat to our country and it is a burden to the
current administration on how will our country handle the situation and finding
alternative means to ease the tension, finding solution that will benefit the country and
other countries as well, and to have sustainable partnership towards development. This
also provides the avenue for the military to improve its capability to assert national
interest and protect the territorial integrity of our country. And the outcome of this issue
will determine the future of our country and to us citizens, and it may be a lesson that
may not be forgotten that peace is not the absence of conflict but finding alternative
means to solve the issue.