This handout photo from the Philippine Coast Guard shows damage to the BRP Cape Engaño, one of two PCG patrol ships damaged in an incident with the China Coast Guard on August 19, 2024

MANILA — The Philippines will file a case against China before an international tribunal, but will not escalate tension over ramming incidents in the West Philippine Sea that left two Philippine Coast Guard patrol ships damaged.

National Maritime Council spokesperson Alexander Lopez, a retired vice admiral, said the Philippines is seriously concerned over the “deliberate harassment and infringement by China against Philippines’ sovereignty, sovereign rights and jurisdiction in the West Philippine Sea,” and urged Beijing “to refrain from aggressive actions and adhere to international law.”

He said the China Coast Guard’s actions violated international law, including the UN Convention on the Law of the Sea and the 1972 Convention on the International Regulations for Preventing Collisions at Sea, or COLREGs.

Lopez explained in a Palace briefing that the COLREG is meant to ensure safety and prevent collisions at sea.

“But what happened is [the China Coast Guard went to the extreme of] putting a vessel at risk, so its ridiculous on their part,” he said, stressing that coast guards are supposed to ensure maritime safety.

“It doesn’t make sense,” he said.

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He said the Philippines will handle the issue through diplomatic means, which may include the filing of a diplomatic protest or note verbale .

Presidential Assistant for Maritime Concerns Andres Centino meanwhile said  the government is also considering filing a case before a UN body.

“The solicitor general is tasked to do these things and I would suppose that [the Office of the Solicitor General’s] inclusion in the council means that is one of the options that will be considered,” Centino said.

Centino, a former armed forces chief, said it would be up to the Department of Foreign Affairs where a potential case would be filed.

The OSG and justice department had been studying filing a case against China over environmental damage to the reefs of Escoda, or Sabina, Shoal even before the latest incident.

READ: PCG invites China to 'negotiating table' after fresh tensions in WPS

NAVY: WE WILL NOT ESCALATE TENSIONS

In a separate briefing, the Philippine Navy said China’s moves in the West Philippine have been “below the threshold of conflict.”

Speaking at the military headquarters in Camp Aguinaldo in Quezon City, Rear Adm. Roy Vincent Trinidad, who is Navy spokesperson for the West Philippine Sea, said that China  “will not reach the point that they will initiate escalation to the point of conflict.” 

The National Task Force for the West Philippine Sea on Monday said PCG patrol ships BRP Bagacay and BRP Cape Engaño “encountered unlawful and aggressive maneuvers from Chinese Coast Guard vessels while en route to Patag and Lawak Islands in the West Philippine Sea.”

Trinidad said Tuesday that the incidents are part of the challenge faced by the military, coast guard, and the Bureau of Fisheries and Aquatic Resources in their operations in the West Philippine Sea.

“Nevertheless, these challenges only serve to fuel the fire within the heart of every member of the AFP to continue ensuring the integrity of the national territory. We will not let down or back down from performing our mandate of showing the flag, of resupplying the troops, of rotating the men,” he said.

He said any Philippine actions will be within the rules of engagement and international law.

“We will not escalate the situation, they should de-escalate the situation,” Trinidad said.

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