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Palace: Duterte effectively invoked arbitral ruling by telling China to lay off Pag-asa


President Rodrigo Duterte "effectively" invoked the arbitral ruling that spelled out the Philippines' sovereign rights in the South China Sea (West Philippine Sea) when he recently told China to lay off Manila-occupied Pag-asa Island, his spokesperson said Monday.

Days after assuming the presidency in June 2016, Duterte vowed to raise at a proper time the decision by The Hague-based Permanent Court of Arbitration that invalidated Beijing's excessive claims to the resource-rich sea as he sought deeper economic and trade ties with the Asian powerhouse.

He also said going to war with Beijing to defend the country's interests in the West Philippine Sea was not an option because it would be a great loss to the nation.

But as reports of Chinese vessels surrounding the Pag-asa Island came in, Duterte said on April 4 that China should lay off the area and he would deploy soldiers there for a "suicide mission" if Beijing touches it.

"Effectively his previous statement earlier—when he said ‘do not touch our property and if you do any harm to our soldiers, we will respond in kind’—that effectively has already made a very strong assertion of sovereignty and statement relative to the arbitral ruling," presidential spokesperson Salvador Panelo said at a news conference.

Asked if the public should take it as the President invoking the arbitral ruling, Panelo said: "Exactly. Yes."

Panelo reiterated the Philippines' call for China to avoid any acts that will be considered as harassing Filipino fishermen in disputed waters or that "might provoke hostility and it can even affect the bilateral relations between two countries."

The Palace spokesman also said China should "respect" the arbitral ruling "although they do not believe in it."

"As we said earlier, as far as we are concerned there has been an arbitral ruling issued by a tribunal based on the law on the seas and accepted by international law. So we feel that we have a judgment, a judgment which has a stamp of permanence. It cannot be taken away from us," he said.

Panelo earlier invoked the arbitral ruling in countering the statement of Chinese Foreign Ministry spokesman Lu Kang that the Spratly Islands or Nansha, as the Chinese call them, were part of Chinese territory.

Beijing does not recognize the ruling and has maintained sovereignty and ownership over nearly the entire South China Sea.

Duterte will fly to Beijing later this month to attend the second Belt and Road forum where he is expected to hold a bilateral meeting with Chinese President Xi Jinping.

The Palace said the developments in the South China Sea may be discussed.

"That will be the President’s call [whether to raise the arbitral ruling]," Panelo said.

"Usually, in a bilateral meeting, the host makes an opening statement. And in that opening statement, the host can raise whatever issue he wants. And then, the invited visiting head of state responds. In that response, he can raise an issue he wants."

Panelo also said there was "no change" in the Philippine government's statements when it comes to the South China Sea dispute.

"There was no change. We have been saying that our statements in the past were studied responses or calibrated responses," he said.

"We could not immediately make any statement on any report vis-à-vis the presence of vessels or any act of harassment until we validate them. It is only once we validate them that we make our diplomatic protest. And if they insist, then we make strong statements against it," he added. —KG, GMA News

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