Yasay: PHL can't tell China to leave disputed territories even with favorable Hague ruling

Foreign Affairs Secretary Perfecto Yasay on Sunday said a favorable ruling by the Hague-based Permanent Court of Arbitration, will not give the Philippines the authority to tell China to leave disputed territories.

Yasay insisted that the Scarborough Shoal, which is called Bajo de Masinloc and Panatag Shoal by the Philippines, is part of international waters.

"Dapat lamang malaman ng ating taumbayan na ang isinumite na kaso na dedesisyunan ng arbitral tribunal ay tungkol lamang sa UNCLOS (United Nations Convention on the Law of the Sea), ano ang extent ng ating exclusive economic zone. Hindi ito na kung manalo tayo ay ibig sabihin ay paalisin natin ang kung sinuman ang nandiyan sa area na iyan. We do not have that authority dahil international waters ito," Yasay said in a radio dzBB interview.

He said that he is making the clarification so as not to "raise our people's expectations."

"Gusto ko lang ipaliwanag sa kanila ang katotohnan. Ang desisyon ng international tribunal 'We just recognize or not recognize' our rights over these disputed territories as part of our exclusive economic zone," he said. "Kung sabihin ng arbitral tribunal this is part of our exclusive economic zone, kaya ang ating mga mangingisda ay puwede nang mangisda ulit sa Scarborough ay tiyakin natin na maproteksyunan ng ating gobyerno ang ating fishermen para makabalik sa Scarborough. Iyon ang ini-expect natin na magiging desisyon ng arbitral tribunal."

He added: "At ang ibig sabihin din ng magiging desisyon kung manalo tayo ay that continues to be an international water."

Yasay said that the Philippines has an obligation to make sure that "that international water will be free for navigation and free also for overflight operation"

The Department of Foreign Affairs published in April 2012 the "Philippine position on Bajo de Masinloc (Scarborough Shoal) and the waters within its vicinity."

It says that Scarborough Shoal or Bajo de Masinloc "is an integral part of the Philipine territory."

"It is part of the Municipality of Masinloc, Province of Zambales. It is located 124 nautical miles west of Zambales and is within the 200 nautical-mile Exclusive Economic Zone (EEZ) and Philippine Continental Shelf," the position paper adds.

Restraint, sobriety

The PCA is expected to release its ruling on the Philippines' case against China around 5 p.m. on July 12.

"Sana naman kung dumating na ang desisyon we will all exercise restraint and sobriety so we will not lose the option for a diplomatic initiative to solve the remaining dispute in a peaceful manner," Yasay said.

On Saturday, Yasay clarified reports that the Philippines is willing to share resources in disputed waters in the South China Sea.

"What I said is we have to wait for the ruling and study and dissect its implications," he said in a text message to GMA News Online.

Yasay said claimant countries "might consider" entering into arrangements such as joint exploration and utilization of natural resources because the ruling will not address issues of sovereignty and delimitation.

Presidential Communications Office Secretary Martin Andanar also clarified over state-run Radyo ng Bayan that the government will have to wait for the PCA's ruling.

"Ang gagawin po natin ay pag-aaralan natin yung decision; and once napag-aralan ng Sol Gen (solicitor general), then that's the time that we shall explore our next move," Andanar said.

Consultations first before talks

Yasay, meanwhile, said that the Philippines will first consult with its traditional partners such as the United States, Japan, and Australia, before engaging in bilateral talks with China after the PCA's ruling.

"Kung nakuha na namin yung desisyon at napag-aralan na namin, kakausapin muna namin ang aming traditional partners kagaya ng US, Japan, Australia, at saka yung ating allies at international community who have supported us from the very beginning in the filing of this case before the UNCLOS bago natin kakausapin ang China," he said.

Yasay added that the national interest would remain the government's top priority in negotiations with China.

“We must always make sure na yung ating aksyon is simply to prevent any untoward incident. Ang objective natin dito is to resolve our dispute in a peaceful manner,” he added.

He said the Philippines should also be concerned on the freedom of navigation in the South China Sea.

"Ang interes ng Japan, US, Australia, and international community is make sure the freedom of navigation would be maintained and protected. It is through this international waters 60 percent of our trade goes to. It is in their interest and our interest to make sure this will not be sacrificed," Yasay said. —Joseph Tristan Roxas/ALG, GMA News