ARMED Forces chief Gen. Romeo Brawner Jr said China’s harassment of Philippine vessels near the Ayungin Shoal in the West Philippine Sea last Sunday, which he personally witnessed, is not enough to trigger the Mutual Defense Treaty (MDT) with United States.
“The incident recently, even the water cannoning and ramming (of our vessels), these are not enough grounds for us to invoke the MDT,” Brawner told reporters in Camp Aguinaldo yesterday.
Under the 1951 MDT, the two countries recognize that an armed attack in the Pacific area on either of the parties “would be dangerous to its own peace and safety,” thus they would act to meet the “common dangers” in accordance with constitutional processes.
An attack “is deemed to include an armed attack on the metropolitan territory of either of the parties, or on the Island territories under its jurisdiction in the Pacific Ocean, its armed forces, public vessels or aircraft in the Pacific.”
Brawner noted his phone conversation with Gen. Charles Quinton Brown Jr, chairman of the Joint Chiefs of Staff of the US armed forces, last Monday. One of the issues they discussed, Brawner said, were “steps that we can do together… to promote the rules-based international order in the Indo-Pacific region particularly in the West Philippine Sea.”
Brawner said this does not necessarily mean that the Americans will provide direct help in next Philippine resupply missions at Ayungin Shoal.
“Definitely they are willing to help because under the Mutual Defense Treaty, if an armed attack happens to either of us, whether the Philippines or the US, the other party to that treaty should be able to support the other,” he said.
In a TV interview on Tuesday, Brawner said there was still no need to invoke the MDT because the treaty specifically says an armed attack.
“There is still no need to invoke the MDT because the MDT states armed attack, and cannoning is not considered an armed attack,” the military chief.
Brawner said the Chinese are employing “gray zone tactics” in the West Philippine Sea. He called these as “illegal, coercive, aggressive, dangerous and deceptive actions.”
Brawner joined last Sunday’s resupply mission to Ayungin Shoal, carried out by supply boats Unaizah Mae 1 and M/L Kalayaan and Philippine Coast Guard ships BRP Cabra and BRP Sindangan.
China Coast Guard (CCG) vessels and Chinese maritime militia vessels conducted dangerous maneuvers on the Philippine vessels and fired water cannon at them. One CCD vessel then rammed Unaizah Mae I which was carrying Brawner, AFP Western Command chief Vice Adm. Alberto Carlos and supplies to troops assigned to Ayungin Shoal. The troops are billeted at the rusting Navy ship BRP Sierra Madre which was grounded at the shoal in 1999 to serve as military outpost.
Unaizah Mae 1 reached Ayungin Shoal despite the harassment.
M/L Kalayaan failed to complete its mission as it suffered serious engine damage . It was towed back to Palawan by BRP Sindangan.
BRP Cabra suffered damage to its mast but the damage was not significant to affect its navigational capability.
MAXIMUM TOLERANCE
Brawner reminded troops who are involved in resupply missions to “practice maximum tolerance” amid the “bullying” by the Chinese.
“Let us avoid actions that will violate international law. So we should continue observing maximum tolerance, avoid them (Chinese), as long as we stick to the mission of bringing supplies to our troops, rotating our troops and our mission,” he said.
Brawner said Filipino troops would continue conducting patrols “to protect our fishermen and other Filipinos in the West Philippine Sea because it is our right to fish there, it is our right to exploit natural resources (in the area) because that’s part of our exclusive economic zone.”
Chinese vessels have been harassing Philippine resupply missions to Ayungin Shoal in the past months. In February, the Chinese even pointed a military-grade laser light at a PCG vessel, causing temporary blindness on the crew members.
GROUND RULES
Retired Supreme Court Senior Associate Justice Antonio Carpio yesterday said the government should seek the assistance of the international tribunal in setting “ground rules” on how Filipino, Vietnamese and Chinese fishermen can ply their trade in Scarborough Shoal amid Beijing’s escalating activities in the WPS.
Without ground rules, Beijing will just dictate the terms and impose its will in the area, he said.
“What we should do is to lay the ground rules because we must determine how many tons per year can each side catch at their end. We also have to allow the fish to recover. We should propose that to China and Vietnam,’ Carpio told ABS-CBN News Channel.
If China and Vietnam would not agree, Carpio said, Manila can bring the issue to the international tribunal to “fix the ground rules” based on our recommendations.
The Permanent Court of Arbitration in a 2016 ruling invalidated China’s massive claim in the South China Sea under its so-called nine dash line, saying it has no legal nor historical basis but held that Scarborough Shoal, also known as Panatag Shoal or Bajo de Masinloc, is a common fishing ground for centuries of Filipino, Vietnamese and Chinese fishermen. China refused to abide by the ruling.
China has been in effective control of Scarborough Shoal since 2012 following a standoff with Philippines over the area.
“We will ask our allies like the US to support us in enforcing the ground rules once there are ground rules that are prescribed by the tribunal. Right now, we cannot enforce any ground rules because there is none,” Carpio added.
COMPENSATION
Solicitor General Menardo Guevarra said the Philippines will seek damages from China not only for the damage to Filipino vessels conducting resupply missions but also on the marine environment in the WPS.
Guevarra said this will be included in a legal case being mulled by the government against China before an international tribunal.
“Should the Philippine government decide to seek compensation for China’s wrongful actions under international law, it will cover all damage inflicted upon our marine environment, economic losses, damage to Philippine vessels, and many others,” Guevarra said.
“But please take note that this is but one of several legal options under study by the Office of the Solicitor General. Ultimately, it’s the President who will make a decision on this matter,” he added.
Earlier, Guevarra said the recent incidents in Ayungin and Scarborough will bolster Manila’s case against Beijing.
“Definitely (we will include it as additional evidence against China). At some point, China will have to face the consequences of its wrongful acts before the international community,” he said.
Guevarra and Justice Secretary Jesus Crispin Remulla previously said they are reviewing legal options available to the country against China, and once the review is done, they will make recommendations to the Department of Foreign Affairs and Malacañang.
Last September, retired Supreme Court Senior Associate Justice Antonio Carpio and former Solicitor General Florin Hilbay called on the Marcos administration to initiate the filing of a case against China before an international tribunal.
In 2019, then Foreign Affairs Secretary Albert del Rosario and former Ombudsman Conchita Carpio Morales filed a case for crimes against humanity with the International Criminal Court (ICC) against Chinese officials led by Chinese President Xi Jinping due to illegal fishing and poaching activities of Chinese vessels in the WPS. However, the ICC dismissed the complaint, saying it cannot be acted on as Beijing is not a state party to the Rome Statute, the treaty that established the ICC.
CHRISTMAS CONVOY
Taytay Apostolic Vicar Bishop Broderick Pabillo lauded participants of the Christmas convoy in the WPS despite being forced to abort the mission due to the shadowing of the Chinese vessels.
Pabillo said the efforts of the participants — about 200 fisherfolk, students, clergymen, and youth leaders — deserve to be praised.
Pabillo also expressed hope succeeding efforts would not suffer the same fate.
“These efforts don’t go outside the Philippine territory so we are asking the Chinese to respect this peaceful activity,” said Pabillo.
On December 10, the “Christmas convoy” composed of 40 wooden boats departed El Nido, Palawan to bring gifts and essential supplies to Filipino fishermen and troopers in the disputed West Philippine Sea.
The constant shadowing of four Chinese vessels, however, forced the “Atin Ito” coalition to return to El Nido, Palawan saying they are “erring on the side of caution.” — With Ashzel Hachero and Gerard Naval
