'Atin Ito' headed to the West Philippine Sea in May 2024 and gave supplies and fuel to Filipino fishermen in the area. Maria Tan, ABS-CBN News 

MANILA — Despite the vastness of the West Philippine Sea, fishermen in Masinloc, Zambales struggle from a dwindling fish catch — as more and more Chinese vessels encroach the surrounding waters and kick them out of their traditional fishing grounds.

Jonard Dayson, who comes from a family of fishermen, says his father used to bring home a bountiful catch from fishing expeditions in Scarborough Shoal or Bajo de Masinloc, which is about 120 nautical miles out to sea.

But now, none of the fishermen in Masinloc can even go near the shoal, which is being blockaded by China Coast Guard (CCG) and Chinese maritime militia vessels.

Jonard says they do not even dare go near, because his tiny boat is clearly no match for the huge Chinese vessels.

"Mahirap po. Sa kanila kasi ano eh, kumbaga matigas. Mga gawa sa bakal, fiberglass. Pag binangga kami, puwedeng masira ang bangka, gawa lang ito sa plywood," he adds.

"Kaya hindi kami dumidikit sa kanila, sa mga malalaking bangka. Mahirap, pag nasira ang bangka, problema namin kung saan kami kukuha na naman pambili ng bangka. Ang hirap — ang hirap ng buhay."

The New Masinloc Fishermen Association believe they have lost 70% of their potential livelihood from Chinese intrusion and intimidation in Philippine waters.

They are hoping President Ferdinand Marcos Jr. will provide them bigger boats that would also allow them to fish better.

"Kami, dahil kami ang pangunahing apektado nito, nais namin na talagang lumaban. Kung pwede nga lang kaming armasan ng ating Pangulo, talagang hahawak kami ng armas para lang maipagtanggol natin yung ating karagatan," said Leonard Cuaresma, leader of the New Masinloc Fiserman Association.

READ: 'Undeterred' PH Navy 'to secure welfare of Filipinos' amid China fishing ban

He said Chinese fishers and the China Coast Guard have been causing damage to corals in Bajo de Masinloc, which would mean the destruction of marine habitats in the traditional fishing grounds.

"At sila pa 'yung nagde-declare ng fishing ban. Sila pa 'yung nagde-deklara ng 'no trespassing' policy, so ang kakapal ng muka nitong mga Tsinong ito."

In a Pulse Asia survey from June 17 to 21, 76% of respondents agreed that the Marcos Jr. administration should continue asserting the country's rights in the West Philippine Sea.

A little more than half, 51%, of respondents believe it can be done by reinforcing alliances, conducting joint patrols and military exercises.

Exactly half also support modernizing the Armed Forces of the Philippines (AFP), while 40% want to protect fishing communities and 30% suggest establishing more military outposts.

Based on the survey, it appears that the Marcos Jr. administration is already pursuing strategies that the Filipino public prefer.

Personnel from the Philippine Coast Guard's BRP Teresa Magbanua distribute food and fuel to fishers near Bajo de Masinloc in February 2024. PCG handout

ALLIANCES AND PARTNERSHIPS

Last April, the first trilateral leaders' summit between Philippine President Marcos, US President Joe Biden and Japanese Prime Minister Fumio Kishida was held in Washington D.C.

The Philippines also recently signed the Reciprocal Access Agreement with Japan — its third defense cooperation deal after the Visiting Forces Agreements (VFA) with the US and Australia.

A VFA is also currently being negotiated with France.

The first seven months of the year have also seen increasing cooperation in military exercises.

The French navy participated for the first time in this year's Balikatan exercises between the Philippines and  the US.

Joint naval exercises were also held by the Philippines, the US, Japan and Australia last April, followed by a joint sail by the Philippines, the US, Japan and Canada two months after.

As expected, China criticized what it claims as "bloc politics" that it said is driving tensions up in the region. But the Philippine government emphasized that all independent nations have the right to pursue what is best for its interest, for as long as it is lawful.

"We will continue to defend our territory and exercise sovereign rights thereon, as we see fit. We reiterate that we seek neither permission nor consent from anyone in performing our sworn duties in the West Philippines Sea," said Defense Secretary Gilberto Teodoro in a June 24 press briefing in Malacañan Palace.

What drove the tension up recently however, was the CCG's violent response during the Philippine rotation and resupply (RoRe) mission to Ayungin Shoal last June 17.

Aside from blocking and ramming, the CCG also illegally boarded Philippine vessels, punctured holes in it, destroyed navigational equipment and took the firearms and communication devices of Philippine Navy personnel, heavily injuring one in the process. The Philippines demanded P60 million for damage and injury, but China insisted it was only protecting its territory.

2016 HAGUE RULING AND BEYOND

The 2016 Arbitral Award however has already debunked China's claim and reaffirmed the Philippines' sovereign rights over its Exclusive Economic Zone (EEZ), which includes the Ayungin Shoal.

Retired Justice Francis Jardaleza, who was solicitor general during the Aquino administration and a member of the legal panel that won the arbitration case against China, urged President Marcos to solidify the country's initial victory by following through with another arbitration case — this time, for damages from the China Coast Guard's actions and the massive destruction to the marine environment due to China's reclamation, construction of artificial islands and militarization of the region.

"It's now three years, magkaka-midterm elections na tayo, wala pa ring ginagawa. Hindi ko sinasabi na filing a case is a cure-all solution. But isipin niyo na lang the damage. Lahat ng dalubhasa natin keep saying a billion here, a billion there. What good will it do kung hindi tayo dumulog sa isang tribunal who will at the end of the day will say Tsina magbayad ka?… I hope, really, that the President will announce, we will hear the President in the SONA," Jardaleza said in a July 10 interview.

Other experts are also urging the Philippine government to build civilian structures in Ayungin Shoal, while keeping the BRP Sierra Madre as a military outpost. According to Retired Justice Antonio Carpio, any attempt by China to prevent the Philippines from rightfully constructing civilian structures can be the subject of another arbitration case.

"The Philippines should announce that it will establish a lighthouse on Ayungin Shoal to be operated by the Philippine Coast Guard, a civilian agency," he said, adding the PCG can also put up a sub-station on the shoal.

"Additionally, the UP Marine Science Institute can establish a marine research center in Ayungin Shoal. All these facilities are civilian in nature. Under UNCLOS, the Philippines has exclusive right to establish these facilities in its EEZ, which includes Ayungin Shoal," Carpio said in a July 12 forum commemorating the 8th year of the 2016 Arbitral Award.

Last June 14, the Philippines also made an official submission for entitlement in the country's extended continental shelf, up to 350 nautical miles from western Palawan, according to the United Nations Convention on the Law of the Sea (UNCLOS).

China filed its opposition on June 18, followed by Malaysia on June 27, with Vietnam also expected to follow suit. But Carpio says China's chances are nil because its coastline is over the maximum 350 nautical miles allowed by UNCLOS.

PH, CHINA AGREE TO LOWER TENSIONS

The Philippines and China did however agree to deescalate tensions and open a direct line of communication between the offices of President Marcos and Chinese President Xi Jinping, according to the Chinese Embassy in Manila.

The Philippine Department of Foreign Affairs, for its part, has always said that the Philippines remains committed to peaceful dialogues. But it will not enter into any agreement that jeopardizes its rights and national interest.

It can be remembered that early this year, China was insisting on a "gentleman's agreement" with former President Rodrigo Duterte, who admitted to agreeing to a "status quo" that involves not repairing the dilapidated BRP Sierra Madre.

"I have to repeat that the Philippines has always maintained a policy of addressing any disputes and managing them through diplomatic means and through peaceful means, and we're still committed to that. But when we do so, it is in accordance with our national interest, our sovereign rights and firmly based on the rule of international law, including maritime law and specifically the UNCLOS," said Foreign Affairs Secretary Enrique Manalo previously.

While there appears to be progress in talks, China continues to intrude Philippine waters by deploying more ships, including the China Coast Guard's so-called monster ship. The Philippines continue to counter by conducting its own patrols, with the Philippine Coast Guard's BRP Teresa Magbanua standing its ground in Sabina Shoal. The Philippines also intends to continue its "transparency policy" that aims to show what is truly happening in the West Philippine Sea.

"This is a combination of a lot of strategy, including diplomatic, information, legal, even socio economic and including military and law enforcement so lahat 'yan dapat binabalanse natin," said National Security Adviser Eduardo Año.

Major economies all over the world, including member states of the European Union and the Group of 7 (G7) have repeatedly expressed support for the Philippines' position in its dispute with China. 

The international community asserts the situation in the Indo-Pacific region is everybody's business, as more than 30 percent of all global maritime trade passes through the region.

About 40 percent of the world's liquefied natural gas shipments also traverse the South China Sea, making a free, open and rules based international order a common interest among nations.

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