Ayungin collision ‘wrongful’ on part of China — OSG

Solicitor General Menardo Guevarra on Monday said the recent collision between a China Coast Guard vessel and an Armed Forces of the Philippines (AFP)-contracted boat off the waters of Ayungin Shoal is wrongful on the part of Beijing as initial reports indicate that it is intentional.

“The OSG will wait for a full investigation report. Based on initially available evidence, however, it appears that the subject collisions were intentional acts on the part of China,” Guevarra told GMA News Online.

“Being intentional, they are wrongful, because they consciously disregard the relevant provisions of the UN charter, the UNCLOS, the COLREGS, the SOLAS, and the PCA arbitral award of July 2016,” he added.

In a chance interview at the Senate, Guevarra said that if authorities found that the collision was intentional, the OSG is looking at recommending to the Department of Foreign Affairs to call on China to comply with its commitment to settle international disputes peacefully and stop making similar actions that may endanger life at sea.

“If our initial analysis of the situation is correct based on the final report then we will recommend to the Department of Foreign Affairs to call on our big neighbor to, in other words, comply with their commitment to settle international disputes peacefully and further to cease and desist from further committing acts that endanger life and liberty at sea,” he said.

“Hindi naman s’ya accidental only and besides it seems na habitual ito e. Hindi naman ito isolated incident lang (This is not accidental and besides it seems that these actions are habitual. This is not an isolated incident),” he said.

Guevarra said the OSG is currently studying other legal options on this “very sensitive matter and issue.”

“This is the culmination of what they have been doing before e. Dati naggigirian lang, ‘di ba (Before they are just provoking us, right)? Then they became closer and closer until now meron nang (there is already) physical contact so ibang usapan na 'yan  kasi government vessels na ang involved d’yan e. State vessels ‘yan e, ’di ‘yan private vessels (So this is another matter because government vessels are already involved),” he said.

Before taking legal actions, Guevarra said the Philippines “have to go through the diplomatic process.”

Further, the Solicitor General said the decision to take a particular legal action will depend on President Ferdinand “Bongbong” Marcos Jr.

He expressed belief that if the Philippines will pursue legal actions pertaining to compensation or remuneration for damage, then “it can be executed.”

On China’s statement telling the Philippines  to "stop making provocations at sea," Guevarra emphasized that the incident happened within the country’s jurisdiction.

“That is from their point of view. We cannot stop them from thinking that way, but we Filipinos we all know who’s doing the provocation. The EEZ belongs to us, we have sovereignty or sovereign rights and jurisdiction over the EEZ, ‘yung nangyaring ‘yan, nangyari (the incident happened) within our EEZ where we have jurisdiction. You already know kung sino ang nasa defensive d'yan sa nangyari (who is at the defensive side on the latest incident),” he said.

On Sunday, the National Task Force for the West Philippine Sea said the incident occurred when the “dangerous blocking maneuvers” of China Coast Guard vessel 5203 (CCGV 5203) caused the collision with the AFP-contracted indigenous resupply boat Unaiza May 2 (UM2) approximately 13.5 nautical miles east northeast of the BRP Sierra Madre.

For its part, China said it “intercepted the trespassing Philippine ship in accordance with the law,” adding that the Philippines is responsible for the collision due to China’s “indisputable sovereignty” over the waters.

In 2016, however, the Permanent Court of Arbitration concluded  that China had no legal basis to claim historic rights to resources within the sea areas falling within the ‘nine-dash line.’

According to Guevarra, the OSG will recommend for the Department of Foreign Affairs (DFA) to call on China to cease and desist from committing acts that endanger life and property at sea.

“The OSG will also include this latest incident in its ongoing study of legal options that the Philippines may consider in the near future,” he said.

In a separate interview on Super Radyo dzBB, retired Supreme Court Justice Francis Jardeleza urged the OSG to investigate the collision.

Jardeleza said a principle in international law may prohibit the country from pursuing a case over the collision.

“Merong prisinpyo sa international law na kapag ang nagkabangga— kahit na clearly, ha, nasa EEZ natin, nasa 200 miles natin, kapag foreign national vessel, ay hindi pwedeng magkaso,” he said.

[There’s a principle in international law that states that in the event of a collision— even if it is clearly in our EEZ, in our 200 miles, if it is a foreign national vessel, you cannot file a case.]

“Kasi kailangan ang tawag diyan, kung magkaso ang isang may sovereign state, kailangan may consent niya,” he added.

(Because if there will be a case against a sovereign state, it needs their consent.)

When asked, Guevarra said the OSG will further study Jardeleza’s remarks.

“Maybe what Justice Jardeleza meant was that this case could not be taken cognizance by the UNCLOS because the case may partake of a military character (supply of BRP Sierra Madre, a decommissioned warship),” he said.

Meanwhile, the DFA earlier summoned Chinese Ambassador Huang Xillian. However, the agency said he was out of town and was represented by the embassy's deputy chief of mission, who met with Assistant Secretary for Asia Pacific Affairs Aileen Mendiola-Rau at the DFA.—with Hana Bordey/AOL, GMA Integrated News