Ex-Justice says PH to lose 80 pct of EEZ if China grabs Ayungin | ABS-CBN

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Ex-Justice says PH to lose 80 pct of EEZ if China grabs Ayungin

Ex-Justice says PH to lose 80 pct of EEZ if China grabs Ayungin

Zen Hernandez,

ABS-CBN News

 | 

Updated Apr 15, 2024 11:58 PM PHT

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Carpio also says Duterte clueless about 'status quo' with China

 

MANILA - Retired Supreme Court Associate Justice Antonio Carpio said the Philippines cannot afford to let China occupy Ayungin Shoal as this could lead to the country losing 80 percent of its exclusive economic zone (EEZ).

Carpio pointed out that Ayungin is near Puerto Princesa City, the capital of Palawan.

The former Justice said China has been establishing air and naval fortifications in the South China Sea so that it can establish its national boundary, and everything within its “10-dash line” becomes theirs. 

“So mawawala sa atin 80 percent of our EEZ at saka lahat ng mga isla natin sa Spratly’s,” Carpio said.

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“Mischief Reef is a dagger pointed at our heart. We have to have a blocking force and the blocking force would be in Ayungin Shoal,” he added. 

Carpio also slammed former President Rodrigo Duterte’s understanding of the term “status quo” in the West Philippine Sea when the former president had a verbal agreement with Chinese President Xi Jinping. 

The former President said in a press conference Friday that status quo for him meant no repair of the BRP Sierra Madre.

“Eh si Duterte pumayag siya na hindi i-repair so guguho yung barko at saka lulubog. Eh dehadong-dehado tayo doon. Hindi niya naintindihan eh,” Carpio said.

(Duterte agreed that the ship would not be repaired, which means it would eventually collapse and sink. We are on the losing end there. He did not understand that.)

Carpio also explained that the Philippines grounded the BRP Sierra Madre in Ayungin Shoal in 1999 before the ASEAN Declaration of Code of Conduct in 2002, which was signed by several countries including China and the Philippines.

“Ang nakasabi doon: refrain from occupying unoccupied features. Eh occupied na tayo 1999 pa.” (What was mentioned there is: refrain from occupying unoccupied features. But we were already occupying that in 1999.) 

“We can continue to occupy including repair to maintain our occupation.”

The retired justice also warned against giving in to China’s intimidation. He also said Duterte was behaving like a Chinese agent.

“Eto namang si Duterte siya ang tagatakot sa atin. Parang ahente siya ng China tinatakot tayo,” Carpio said. (Duterte scares us. He is like an agent of China who scares us.)  

The Chinese embassy, meanwhile, claimed the Philippines reneged on not just one but three promises: the first is the alleged promise to tow away BRP Sierra Madre from Ayungin Shoal, the second is Duterte’s gentleman’s agreement and the third is an agreement on a “new model” to manage the situation in Ayungin Shoal.

The Philippine government already denied any promise to tow away BRP Sierra Madre. The National Security Council (NSC) is also firmly denying any new agreement under the Marcos Administration.

“As far as we are concerned, there is no agreement on any new model. Ayungin Shoal is a Low Tide Elevation within our EEZ as stated in the Arbitral ruling and based on UNCLOS. The PRC vessels have no right to be there. It is within our jurisdiction. As an independent nation following the rules-based international order, we will continue to conduct all activities and resupply missions any time and any way we want in our EEZ, particularly in Ayungin Shoal,” the NSC statement read.

The House of Representatives is also currently pushing for an inquiry into Duterte’s gentleman’s agreement with China. Lawmakers are planning to summon former President Duterte himself, along with other cabinet officials. 

Former Presidential Spokesperson Harry Roque said he would cooperate, but said that this was a waste of time.

“Pag-aaksaya yan ng oras at ng pera ng taong bayan, pero for the sake of educating our lawmakers on the powers of the President as chief architect of foreign policy at kung anong pupwede at hindi pupwedeng panghimasukan ng Kongreso pagdating sa foreign policy ay we welcome the opportunity to explain the issues to the people,” Roque said.  

(It’s a waste of time and people’s money, but for the sake of educating our lawmakers on the powers of the President as chief architect of foreign policy and what is allowed or not allowed for Congress to intervene in foreign policy, we welcome the opportunity to explain the issues to the people.)

Roque insisted that the agreement did not violate the Constitution.

Ex-Justice Carpio earlier said the agreement is an "abdication" of the constitutional duty to protect the nation's wealth.

A maritime law expert also said Duterte’s deal with China that prevents the Philippines from repairing and reinforcing the BRP Sierra Madre in Ayungin Shoal violates the Philippine Constitution and international law.

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