Officials say Chinese ships intentionally hit PH vessels
CHINESE Coast Guard (CCG) and militia vessels “harassed and intentionally hit” Philippine vessels, including a Philippine Coast Guard (PCG) ship, that were involved in a rotation and resupply (RORE) mission within the exclusive economic zone of the Philippines last Sunday, Defense Secretary Gilbert Teodoro Jr. said yesterday.
Teodoro and several other officials held a briefing in Malacañang on the latest Chinese act of aggression against the Philippines near the Philippine-held Ayungin Shoal in the West Philippine Sea.
President Ferdinand Marcos Jr held a security meeting to discuss “the latest violation by China” and ordered the PCG to proceed swiftly with its investigation on the incident which his office said “is being taken seriously at the highest level of government.”
PCG Commandant Adm. Ronie Gil Gavan said the PCG in Palawan leads the investigation which includes determining the extent of damage on the Philippine vessels. He said results of the probe could ready in five days.
Teodoro said government organized the press conference to give the public “a clear and factual narrative of what transpired.”
He said the Chinese government “has been deliberately obfuscating the truth” and “distorting the story to fit its own ends and the duplicity of in claiming to be peaceful and claiming to be friendly while resorting to these aggressive acts.”
He said China has again raised the issue of a supposed promise by the Philippines to remove the BRP Sierra Madre from the Ayungin Shoal which he said has already been cleared as non-existent, and if true, has already been rescinded.
“We cannot compromise within our 200-nautical mile exclusive economic zone within the bounds of our Constitution. Our Constitution is clear about our territorial integrity and sovereignty of which there can admit no compromise, particularly in the phase of the arbitral award. So… their statements are to us a distortion of the truth,” he added.
Teodoro also questioned China’s claim of practicing patience and restraint in dealing with the Filipino vessels, adding that any unbiased person with a modicum of reason will “see that this is not restraint.”
Teodoro said that last Sunday, “Chinese Coast Guard and maritime militia vessels, in blatant violation of international law, harassed and intentionally hit Unaiza May 2 (UM2) and PCG Coast Guard vessel BRP Cabra.”
“This occurred within the 200-mile exclusive economic zone of the Philippines in which China has no jurisdiction, authority or right to conduct any operations,” he added.
Philippine Navy Flag Officer-in-Command Vice Admiral Toribio Adaci Jr. said that the incident happened at “approximately six nautical miles to the entrance of Ayungin Shoal, (when) UM2 was hit at her rear side, starboard rear side, causing damage to the vessel”.
Adaci said UM2’s maneuverability was further restricted when the Chinese vessels sailed very close to the port side (left side) and the starboard side (right side) of the vessel prompting it to find a route back eastward towards the direction of Sabina Shoal and later back to Palawan.
He said the “Coast Guard vessel intentionally hit her (UM2) rear side causing damage to a fantail post.”
Adaci said that following the incident with UM2, at about 8 a.m. of the same day, “our Coast Guard vessel was hit by a Chinese militia vessel on her left side causing (a) dent to the Philippine Coast Guard vessel.”
Gavan said “at this point, it is very, very clear that the two incidents are violations of collision regulations — the very regulation, we coast guards, are expected to enforce. So, we find it unfortunate or ironic that the fellow coast guard will violate the law where they, themselves are supposed to enforce.”
Solicitor General Menardo Guevarra said initially available evidence indicate that the collision appeared to have been caused “by intentional acts on the part of China.”
“Being intentional, they are wrongful, because they consciously disregard the relevant provisions of the United Nations Charter, the UN Convention on the Law of the Sea, the Convention on the International Regulations for Preventing Collisions At Sea, the International Convention for the Safety of Life at Sea, and the Permanent Court of Arbitration arbitral award of July 2016,” he added.
The 2016 arbitral award held that Ayungin or Second Thomas Shoal is within the Philippines’ 200-nautical mile exclusive economic zone and its continental shelf.
Guevarra said his office will recommend, among others, that the DFA call on China “to cease and desist from committing further acts that endanger life and property at sea, irrespective of its maritime claims.”
“The OSG will also include this latest incident in its ongoing study of legal options that the Philippines may consider in the near future,” he added.
Earlier, Guevarra said his office is studying and reviewing all the legal options available to the government to respond to the continuing aggressive activities of Chinese coast guard and maritime militia vessels in the country’s EEZ.
PCG spokesman for the West Philippine Sea spokesman Commodore Jay Tarriela said five Chinese Coast Guard vessels and eight Chinese maritime militia vessels took part in the dangerous maneuver and blocking of the resupply mission.
Only one of the military-chartered boats, Unaiza Mae 1, reached BRP Sierra Madre as Chinese ships did not stop driving Unaiza Mae 2 away from the shoal despite the damage it sustained during the collision.
Tarriela could not say the extent of the damage incurred by Unaiza Mae 2.
“Right now, Unaiza Mae is still on its way to the port so we haven’t really conducted thorough evaluation of its sea worthiness,” said Tarriela.
On the damage sustained by BRP Cabra, Tarriela said it was not “something that we can say as scratch on the paint.” Nevertheless, he said they were still assessing the damage on BRP Cabra.
Tarriela said the BRP Cabra issued 64 radio challenges to China Coast Guard and maritime militia vessels during the resupply mission. On the other hand, it said BRP Cabra received 14 radio challenges from the China Coast Guard.
He said BRP Sindangan received 70 radio challenges from the China Coast Guard. It said BRP Sindangan made 15 challenges to China Coast Guard vessels.
Asked if the PCG will deploy more ships to support future resupply missions to Ayungin Shoal, Tarriela said “that is another possibility but that’s part of the operational details and we are not permitted to disclose that.”
On the possibility of arrest Chinese maritime militia vessels in the area, Tarriela said “we would want to but I don’t think that is something that we have to prioritize right now.”
ESCALATION
Teodoro said the incident was also a “serious escalation of the illegal activities conducted by the Chinese government in the West Philippine Sea” and in complete disregard of any norm or convention of international law.
“The Philippine government views the latest aggression by China as a blatant violation of international law. China has no legal right or authority to conduct law enforcement operations in our territorial waters and in our Exclusive Economic Zone. We are taking this incident seriously at the highest levels of government,” he said.
He added that China’s use of force necessitates actions by the Philippine government, including filing of a diplomatic protest, summoning of Chinese Ambassador Huang Xilian, and conveying to the Chinese Ministry of Foreign Affairs the Philippines’ condemning of the “reckless and illegal act of the Chinese government.” Other actions of the government are “operational” and could not be discussed in public.
“We are taking this incident seriously at the highest level of government,” Teodoro and the Presidential Communications Office (PCO) said on how the President took the incident.
The National Task Force for the West Philippine Sea (NTF-WPS) accused China of escalating tension in the WPS.
National Security Council assistant director general and NTF-WPS spokesman Jonathan Malaya said, “It is not the Philippines that is increasing tensions. It is China that is increasing in the West Philippine Sea especially by interfering and blocking our legitimate resupply mission to Ayungin Shoal.”
PCG vessels were escorting two military-chartered wooden boats when they were subjected to dangerous maneuvers by China Coast Guard and Chinese maritime militia vessels near Ayungin Shoal. The two PCG vessels, BRP Cabra and BRP Sindangan, were out to deliver supplies to troops stationed at Ayungin Shoal. The troops are staying at BRP Sierra Madre, a rusting Navy ship that was grounded at the shoal in 1999 to serve as military outpost.
One of the wooden boat, Unaiza Mae 2, was hit by a China Coast Guard (CCG) vessel in the process. Two hours later, a Chinese maritime vessel also bumped one of the PCG vessels, BRP Cabra.
Chinese officials claimed Unaiza Mae 2 deliberately crossed the bow of the CCG vessel, leading to the collision. They also said BRP Cabra caused the collision by changing course.
The Chinese urged the Philippine government to “stop making dangerous moves, stop groundlessly attacking and slandering China.”
They also reiterated their call to remove BRP Sierra Madre “as soon as possible so that the peace and stability of the South China Sea will not be jeopardized and the common interests of countries in the region will not be affected.”
Malaya maintained the collisions were caused by the “dangerous and illegal maneuvers” by the Chinese vessels who he said interfered with the “legal and legitimate” Philippine operation to bring supplies to troops at BRP Sierra Madre.
Malaya said the Chinese vessels did their “reckless and illegal acts,” knowing that such movements can cause collisions.
“We are relieved and thankful that no Filipino personnel were harmed, but we are concerned by the escalation and provocations by Chinese vessels who have no business being in the West Philippine Sea,” said Malaya.
CODE OF CONDUCT
Teodoro questioned the sincerity of China in hosting the negotiations for the Code of Conduct in the South China Sea which comes at the heels of the actions of its coast guard and militias.
“What kind of message is this signaling? I want to know and we deserve undistorted answers, that truth from the government of China. Because, once again we repeat — they have neither jurisdiction or authority to conduct any sort of governmental operations within our 200-nautical mile exclusive economic zone. And no justification they can give will stand the test of credence before our own people and more importantly, before the whole world,” he said.
Teodoro acknowledged the support of the Philippines’ allies and other like-minded nations such as the United States, Japan, Australia, Germany, Canada, the Netherlands, the United Kingdom and European Union in condemning China’s aggression and expansionist actions.
He also called on the Filipinos to support the government and not to believe and fake news or disinformation that may arise from the incident.
Sen. Francis Tolentino said the Philippines can make China accountable “under our domestic laws” for the damage done on the vessel.
Sen. Joseph Victor Ejercito asked the “international community” to denounce China’s latest aggression in the West Philippine Sea.
Sen. Grace Poe said China’s latest aggression in the WPS poses concern that could heighten the tension between Philippines and China, but could also be a “potential flashpoint in the region.”
MDT OBLIGATION
Washington reiterated its obligation to defend Manila under the 1951 Mutual Defense Treaty.
“The United States stands with our Philippine allies in the face of the People’s Republic of China (PRC) Coast Guard and maritime militia’s dangerous and unlawful actions obstructing an October 22 Philippine resupply mission to Second Thomas Shoal in the South China Sea,” the US State Department said in a statement.
“The United States reaffirms that Article IV of the 1951 U.S.-Philippines Mutual Defense Treaty extends to armed attacks on Philippine armed forces, public vessels, and aircraft — including those of its Coast Guard — anywhere in the South China Sea,” it added.
On Sunday, US Ambassador to Manila MaryKay Carlson denounced the maneuvers conducted by Chinese vessels.
The State Department echoed Carlson’s remark and said the Chinese vessels, by conducting “dangerous maneuvers,” violated international law by “intentionally interfering with the Philippine vessels’ exercise of high seas freedom of navigation.”
“PRC conduct jeopardized Filipino crew members’ safety and impeded critically needed supplies from reaching service members stationed at the BRP Sierra Madre. Obstructing supply lines to this longstanding outpost and interfering with lawful Philippine maritime operations undermines regional stability,” the State Department said, adding that the “unsafe maneuvers on October 22 and the PRC water cannoning of a Philippines’ vessel on August 5 are the latest examples of provocative PRC measures in the South China Sea to enforce its expansive and unlawful maritime claims, reflecting disregard for other states lawfully operating in the region.”
Washington also reiterated its stand that Ayungin or Second Thomas Shoal is a feature well within the Philippine EEZ and continental shelf.
“An international tribunal’s July 2016 decision — legally binding on both the Philippines and PRC — made clear that “there exists no legal basis for any entitlement by China to maritime zones in the area of Second Thomas Shoal.” The same ruling affirmed that Second Thomas Shoal is a low-tide elevation outside the territorial sea of another high tide feature — as such, the PRC’s territorial claims to it are unfounded,” it added.
Washington was referring to the 2016 award issued by the Permanent Court of Arbitration which junked Beijing’s massive claim in the South China Sea under its so-called nine dash line.
MORE COUNTRIES SUPPORT PH
More countries supported the Philippines and called on China to stop its dangerous maneuvers in the area.
The French Embassy in Manila said, “France calls for respect of freedom of navigation guaranteed by international law and recalls its attachment to the United Nations Convention on the Law of the Sea and the decision rendered by the Arbitral Court on July 12 2016,” the embassy said in a statement.
German Ambassador to Manila Andreas Pfaffernoschke also expressed the German government’s concern over the incident.
“Germany is very concerned about recent confrontations in the South China Sea involving Chinese coast guard ships and maritime militia vessels in the exclusive economic zone of the Philippines,” Pfaffernoschke said in a post on X, formerly Twitter.
“Germany calls on all parties to act in accordance with UNCLOS rules and to respect the 2016 arbitral award,” he added.
British Ambassador to Manila Laure Beaufils also expressed similar concern.
“Great Britain is very concerned by reports of unsafe conduct towards Philippine vessels on their latest resupply mission to Ayungin Shoal. Great Britain joins the Philippines in calling for adherence to UNCLOS and the 2016 arbitral award,” Beaufils said.
She said London firmly opposes actions which raise tensions in the South China Sea.
Japanese Ambassador to Manila Koshikawa Kazuhiko and his Australian counterpart Hae Kyung Yu also expressed similar concerns.
“Japan is seriously concerned about and alarmed by the collision between Chinese and Philippine vessels. Japan strongly opposes any unilateral attempts to change the status quo by force or coercion,” Kazukiko said.
He added that Tokyo stands with Manila’s position which is upholding maritime order based on UNCLOS and the 2016 arbitral award.
“Australia is concerned by China’s dangerous maneuvers that damaged Philippine vessels and disrupted Philippine resupply mission in the Philippine EEZ. The South China Sea is a vital international waterway for us all. We again call for peace stability and respect for UNCLOS,” the Australian envoy added.
On Sunday, Carlson, European Union Ambassador to Manila Luc Veron, and the Canadian and Netherlands embassies all denounced the dangerous maneuvers by Chinese vessels against Philippine ships in the West Philippine Sea.
Tensions between China and the Philippines have grown under Marcos, who has complained about Beijing’s aggressive behavior and sought closer ties with traditional ally, the United States.
Maritime confrontations between Manila and Beijing have become a regular feature in the South China Sea, as both countries assert their territorial claims in the highly strategic waters. — With Ashzel Hachero, Victor Reyes, Raymond Africa, and Reuters
