DFA: China's claim of PH intrusion in Scarborough Shoal has no legal basis

China's claim that Philippine Navy warship BRP Conrado Yap (PS39) intruded in the waters off Scarborough Shoal on October 30 has no legal basis, the Department of Foreign Affairs (DFA) said on Thursday.

In a statement, the DFA said the remark of the Southern Theater Command of the Chinese People's Liberation Army only aimed to raise tensions in the West Philippine Sea.

"The Philippines' conduct of maritime patrols in the waters around Bajo de Masinloc is a legitimate and routine act of a sovereign country in its territory and territorial sea and is part of the Philippines' administrative responsibility," the DFA said.

Bajo de Masinloc is the local name of Scarborough Shoal.

"There is no obligation for the Philippines as the sovereign state to seek the approval of another when navigating its own territorial sea," the DFA said. 

China's military has earlier claimed that a Philippine military ship "illegally entered" waters near Scarborough Shoal without authorization. It also urged the Philippines to immediately stop its provocations.

The statement marked a rare warning from the Chinese military towards the Philippines over its moves in disputed waters in the South China Sea.

In its latest statement, the DFA further maintained that Bajo de Masinloc is an integral part of the Philippine territory over which the country has sovereignty and jurisdiction.

"The 2016 Arbitral Award upheld its status as a high-tide feature that has no exclusive economic zone or continental shelf of its own as opposed to an island as defined under Article 121 (3) of the United Nations Convention on the Law of the Sea (UNCLOS)," the DFA said.

It also pointed out that China's claim to historic rights over the region are contrary to what is being stated in the UNCLOS.

According to the DFA, it is China that is intruding into Philippine waters.

"Chinese authorities are reminded that its apparent exercise of maritime law enforcement powers, interference with Philippine vessels, harassment and intimidation of Filipino fisherfolk, or any other activity that infringes upon the Philippines' sovereignty, sovereign rights, and jurisdiction in Bajo de Masinloc and the West Philippine Sea are violations of international law, particularly UNCLOS and the Arbitral Award," it said.

Earlier, National Security Adviser Eduardo Año insisted that the Philippines has the right to patrol Bajo de Masinloc. He said China was “overhyping” the October 30 incident and triggering tensions with the Philippines.

Año, former military chief, said the Philippine ship PS39 conducted routine patrol operations in the general vicinity of Bajo de Masinloc "without any untoward incident."

"It did not illegally enter any space under Chinese sovereignty because Bajo de Masinloc is part of the PH archipelago and EEZ," Año said.

Manila and Beijing have had several confrontations in the South China Sea, recently trading accusations about a collision between a Chinese coast guard vessel and a boat from the Philippines. —Anna Felicia Bajo/KBK, GMA Integrated News