Carpio eyes win-win solution in South China Sea, face-saving scenario for China

The Philippines should find a "win-win" solution and a "face-saving" scenario for China in the issue of the overlapping claims in the South China Sea, Senior Associate Justice Antonio Carpio has said.

Carpio made the remarks in the wake of President Rodrigo Duterte and Chinese President Xi Jinping's bilateral talks in Beijing and Filipino fishermen being able to fish at the Panatag Shoal without being harassed by Chinese coast guard.

Lei Alviz's report on "24 Oras" Tuesday quoted Carpio as saying it was unlikely for the Chinese to leave the disputed territories in line with the decision of the Permanent Court of Arbitration (PCA) that debunked China's  nine-dash-line claims.

The tribunal upheld, among others, the Philippines' exclusive economic zone as provided by the United Nations Conventions on the Law of the Sea.

"I don't see them leaving just because they've lost. And we have to think of a creative way to give China a face-saving exit here, and I think the way to that is to declare Spratlys as a marine protected area," Carpio said in an interview with the Asia Maritime Transparency Initiative.

"It's a win-win situation. If you look at it, China needs to fish in South China Sea because they have the highest per capita consumption of fish in the world, and they have to feed 1.4 billion people," he added.

Carpio reiterated the importance of the words that will be used if ever an agreement is crafted between the two countries.

"Scarborough Shoal is defined as part of the Philippine territory under our domestic law. Of course we cannot concede any of our sovereign rights or sovereignty of our Scarborough Shoal," Carpio said.

"A deal will have to avoid language that implies that we recognize sovereignty of China or sovereign right of China over the shoal. Any language like, 'The Chinese allows the Philippines' or 'will permit the Philippines to fish there,' I think that's not acceptable and I think our DFA (Department of Foreign Affairs) officials know that," he added.

He said that while the Philippines must not concede sovereignty over disputed territories, a joint development may be undertaken, such as at the Reed Bank, a territory rich in oil and natural gas that is seen as a possible alternative for the Malampaya gas fields.

"China's always said that they are prepared to go on joint development of the Reed Bank, provided that Philippines concedes sovereignty to China over that area, and of course we cannot accept that," Carpio said.

"However, if China will say let's jointly develop Reed Bank under Philippine law, under the same commercial arrangement, that can be done," he added.

Carpio said the Philippine Coast Guard must continue patrolling the areas within the country's exclusive economic zone.

The 24 Oras report said noted that the ship of the Philippine Coast Guard was not in the area during a visit there on Saturday.

A source said that BRP Pampanga and a BFAR vessel was supposed to go to the Panatag Shoal but the ships were ordered to return because of Supertyphoon Lawin.

After Lawin left, the vessels were again supposed to return to the shoal but were again kept from doing so while Duterte was in China.

There has since been no order for the ships to proceed to Panatag Shoal.

The source said it was a collective decision by the National Task Force on the West Philippine Sea not to send the ships to the area because it was waiting for a clear guidance while diplomatic efforts with China are underway. —Rose-An Jessica Dioquino/NB, GMA News