Roque to Del Rosario: Don't tell Duterte what to do with arbitral ruling vs. China

Presidential spokesman Harry Roque didn't take positively former Foreign Affairs Secretary Albert Del Rosario's suggestion that President Rodrigo Duterte and his administration ask more countries to support the arbitral ruling versus China in 2016.

In a briefing, Roque indicated that Del Rosario should not tell Duterte what to do as regards foreign policy.

“Si Secretary del Rosario, he is a Filipino, he is entitled to speak pero parang hindi po maganda na dinidiktihan niya ang Presidente,” Roque said in a televised briefing.

Roque made the remark a day after Del Rosario thanked Duterte for affirming before the United Nations the arbitral ruling which upheld the Philippines claims in the South China Sea and invalidated China's "historical rights" in the disputed waters.

Del Rosario and Lauro Baja, a former permanent representative to the UN, urged the Duterte administration to follow up the President's rhetoric with specific steps such as asking more countries to support the arbitral ruling. 

A week before the the UN General Assembly, the United Kingdom, France and Germany filed a note verbale before the UN to reject China's claims as against international law and cited the arbitral ruling.

“I don’t think he has much to show by way of his actual accomplishment as DFA Secretary," Roque said.

"And all I can say is mag-isip-isip muna tayo kung ano ang qualification natin para diktahan natin ang isang sitting President na hinalal  po ng taumbayan,” he added, claiming it was during Del Rosario's stint as foreign secretary when the Philippines lost to China control of the Scarborough Shoal.

Del Rosario, in behalf of  the Philippine government, filed the arbitration case against China

In July 2016, the Philippines won against China in a landmark ruling by an international tribunal that invalidated Beijing’s massive claims in South China Sea.

"The  Tribunal  concluded that  there  was  no  legal  basis  for  China  to claim  historic rights to resources within the sea areas falling within the ‘nine-dash line’," the Permanent Court of Arbitration said then.

The 501-page ruling was handed down in The Hague, Netherlands, more than three years after the case was filed by the Philippines under the Aquino administration in January 2013.

Roque, who taught international law at the University of the Philippines College of Law, said an arbitral ruling didn’t have to be enforced.

"Bilang isang professor ng international law, you do not enforce an arbitral ruling. Ang assumption po sa international law is that all countries will comply with their international obligation particularly with arbitral award because it freely consented to the jurisdiction of the arbitral tribunal,” Roque said.

“That’s free in lesson po in international law for the former secretary of foreign affairs," he added.

China in July reiterated its rejection of the arbitral ruling, insisting that its "territorial sovereignty and maritime rights and interests in the South China Sea will under no circumstances be affected by this award."

"China firmly opposes and will never accept any claim or action based on aforesaid award," it said.

Instead of pushing for its compliance to the ruling, China said the Philippines should preserve the "hard-won sound momentum of bilateral relations" and uphold peace and stability in the South China Sea."

It was the first time for Duterte to defend the ruling before the UN General Assembly on Wednesday, a move praised by del Rosario. -NB, GMA News