Justice Carpio: China’s reclamation poses ‘national crisis’ for PHL

China's aggressive reclamation over the West Philippine Sea may result in a national crisis for the Philippines, Supreme Court Associate Justice Antonio Carpio said.

In a lecture on Thursday, Carpio explained that China's efforts, intended to give teeth to its "nine-dashed line" claim over nearly the entirety of the South China Sea, have "grave implications that will affect the Philippines' security, in national, food, and energy aspects."

"The Philippines loses about 80 percent of its exclusive economic zone facing the West Philippine Sea, including part of the Malampaya gas field," he said. "China's nine-dashed lines claim encloses 85.7 percent of the entire South China Sea. This is equivalent to 3 million square kilometers out of 3.5 million square kilometers surface area."

He added: "China will really enforce the 9-dashed line on the Philippines very soon. We will be left without, we will lose 80 percent [of our territories there]. Our traditional fishing area is Scarborough Shoal and we'll lose that. Spratlys is the breeding ground of the fish we eat... We lose 40 percent of our fish source."

"We have to fight for every inch of our territory because we have a lot to lose," he said.

Carpio also echoed the concerns of other government officials, such as Armed Forces chief Gen. Gregorio Pio Catapang Jr., who said that the work at Mischief Reef will "cut off" the Philippines and challenge our claim on the Ayungin Shoal.

In a press briefing on Monday, prior to the opening of the 2015 Balikatan exercises, Catapang presented new images of the reclamation projects in the West Philippine Sea.

China is putting up artificial structures over several disputed territories in the area. Aside from the Mischief (Panganiban) Reef, it has construction efforts in other low-tide elevations (LTEs):

• Subi Reef
• Johnson Reef
• McKennan Reef
• Kagitingan Reef
• Gaven Reef
• Calderon Reef

LOOK: China's reclamation projects in the West Philippine Sea

Over at Kagitingan (Fiery Cross) Reef, images showed that China has made "rapid" progress in building an airstrip "suitable" for military use. In Subi Reef, meanwhile, landmasses were said to be created for a 3,000-meter airstrip.

'Artificial doesn't count'

Carpio said the Philippine arbitration case against China over the said areas is "solely a maritime dispute," given that all the areas involved are low-tide elevations.

"This is why we brought it before the tribunal, [citing the] UNCLOS [United Nations Convention on the Law of the Sea]," he said. "An LTE is part of the sea, not part of the appropriation of land... If an LTE is 12 nautical miles away from an island, it should be considered part of that."

Carpio pointed out that the artificial structures China has been putting up are illegal under the UNCLOS as only the Philippines can do that within its exclusive economic zones or continental shelf.

"UNCLOS defines an island as a 'naturally formed' area of land, surrounded by water, and above water at high tide," he said.

"An LTE (which does not have a territorial sea) does not become an island or rock above water at high tide (which has a territorial sea) by virtue of reclamation. Reclamation cannot convert an island incapable of human habitation or economic life of its own into one that is capable," he added.

Furthermore: "Scarborough Shoal cannot generate an EEZ because it is so obviously incapable of sustaining human habitation of its own.. Not a single blade of grass grows on the rocks of Scarborough Shoal. And no one can squeeze a single drop of fresh water from those rocks."

Damage to environment

Carpio also pointed out the extent of damage the reclamation projects are causing to the environment at the West Philippine Sea, particularly at the disputed low-tide elevations.

"It takes 30 million years for something like Mischief Reef to grow," he said. "Once the sand supporting the reefs are removed, the reefs collapse."

He added: "Twenty percent of our annual catch fish breeds in the Spratlys... Reclamation makes the water turbid, which is unhealthy for both reefs and fish."

"China's massive and wanton reclamation in the Spratlys is destroying the marine environment," he said, adding that Article 192 of UNCLOS mandates states' obligation "to protect and preserve the marine environment." — BM, GMA News