Carpio: Highly likely a Chinese maritime militia vessel rammed Pinoy fishing vessel

Senior Associate Justice Antonio Carpio on Friday said it is "highly likely that a Chinese maritime militia vessel rammed the Filipino fishing vessel F/B Gimver I" in Recto Bank (Reed Bank).

"China’s maritime militia vessels have reinforced steel hulls purposely for ramming fishing vessels of other coastal states. No other coastal state has fishing vessels purposely designed for ramming other fishing vessels. Captains of ordinary Chinese fishing vessels do not engage in ramming for fear of inflicting damage to their own vessels," Carpio said in a statement.

Carpio also said the incident prevented Filipino fishermen from fishing within the country's territory and violated the United Nations Convention on the Law of the Sea (UNCLOS).

"The ramming of F/B Gimver I is a clear violation of UNCLOS," he added.

"The Chinese maritime militia vessel, under the command of the People’s Liberation Army (PLA), prevented the crew of F/B Gimver 1 from exercising their sovereign right to fish in the exclusive fishing ground of Filipino fishermen," Carpio said, pointing out that the incident occurred in Recto Bank which is within the Philippines' exclusive economic zone.

Malacañang on Wednesday called for an investigation into the June 9 incident and said that proper sanctions must be imposed against the Chinese crew who allegedly abandoned the 22 fishermen until a Vietnamese fishing vessel rescued them. 

The Philippines has already filed a diplomatic protest regarding the ship-ramming incident.

Meanwhile, the Chinese Embassy on Friday admitted that it was a Chinese vessel that hit a Philippine boat in Recto Bank on Sunday.

However, the embassy, in a statement, said the Chinese fishing boat Yuemaobinyu 42212 was "berthed" at the area when seven or eight Filipino fishing boats "besieged" it. 

"During evacuation, 42212 failed to shun a Filipino fishing boat, and its steel cable on the lighting grid of larboard bumped into the Filipino pilothouse. The Filipino fishing boat tilted and its stern foundered," the embassy statement read.

It also said there was no "hit and run".

"The Chinese captain tried to rescue the Filipino fishermen, but was afraid of being besieged by other Filipino fishing boats," the embassy said. The Chinese boat thus sailed away after it has confirmed the Filipino fishermen were rescued, it added.

Carpio said "the Chinese maritime militias are trained, equipped and organized by the Navy of the PLA [People's Liberation Army]." He added that these militias are "under the chain of command of the PLA" and "can communicate at any time with their local PLA commanders."

The Supreme Court justice said this incident may be the first time a Chinese maritime militia vessel rammed a Filipino fishing boat, although there were instances of such ramming of Chinese vessels against Vietnamese vessels in the Paracels.

"The ramming of F/B Gimver 1 is a quantum escalation of China’s aggressive acts against the Philippines in the West Philippine Sea. This may signal the start of a new 'gray zone' 2 offensive by China to drive away Filipino fishing vessels in the West Philippine Sea, in the same way that China is driving away Vietnamese fishing vessels in the Paracels," Carpio said.

He urged Filipinos to "take a strong stand against this latest aggressive act of China."

"The Filipino people must demand from China compensation for the owner of F/B Gimver 1, and punishment for the captain and crew of the Chinese vessel that rammed in hit-and-run fashion F/B Gimver 1. The Filipino people must send a strong signal to China that any new 'grey zone' offensive of ramming Filipino fishing vessels in the West Philippine Sea will mean a break of diplomatic ties with China," Carpio said.

GMA News is still getting in touch with the Chinese Embassy for reaction.

The Filipino fishermen who were aboard the rammed boat have arrived in Occidental Mindoro and were met by their relatives.

The boat's captain said he was convinced that the collision was intentional on the part of the Chinese.

"Kung sa akin sinadya po 'yon," Junel Insigne told GMA News.

He also said the Chinese vessel sailed away, abandoning them after the collision. —KG, GMA News