Carpio urges new case vs China over Escoda Shoal, Rozul Reef destruction

Retired Supreme Court Associate Justice Antonio Carpio on Tuesday urged the government to sue China anew, this time for damages due to the destruction of Escoda Shoal and Rozul Reef.

"The next arbitration case that we are recommending is for the following purposes: one, to sue China for damages kasi sinira nila yung Escoda Shoal tsaka Rozul Reef," Carpio said in an interview on Super Radyo dzBB, stressing that the two features are within the Philippines' exclusive economic zone (EEZ).

(The next arbitration case that we recommend is for the following purposes: one, to sue China for damages because they destroyed Escoda Shoal and Rozul Reef.) 

The Philippine Coast Guard (PCG) has accused China of building an artificial island in Escoda Shoal, saying that the dumping of crushed corals near the shoal may be in preparation for China’s reclamation activities.

Escoda Shoal is much closer to Palawan than the contested Ayungin Shoal.

In September 2023, Justice Secretary Jesus Crispin Remulla said the Department of Justice (DOJ) is recommending the filing of cases against China following reports of missing corals in Rozul Reef.

When sought for comment, Justice spokesperson Mico Clavano said the DOJ and the Office of the Solicitor General continue to coordinate and discuss the issue.

Clavano said recommendations will then be submitted to President Ferdinand Marcos Jr. once these are available. 

Joint patrols

Carpio, who was part of the Philippine delegation in the 2013 arbitration case against China, said the government should also conduct joint patrols with the United States and other like-minded states to protect the West Philippine Sea.

"Kasi kapag hindi natin bantayan ‘yan, papasok ‘yung mga maritime militia at magtatayo sila ng panibagong isla diyan," Carpio said. 

(If we do not monitor this, the maritime militia will enter and establish a new island. There should be a constant presence.)

In 2013, the Philippines challenged China’s legal basis for its vast claim in the South China Sea before the Permanent Court of Arbitration in The Hague, Netherlands. 

Manila won the case in a landmark award in 2016 after the tribunal invalidated China's assertions. Beijing, however, does not recognize the ruling. —KBK/RF, GMA Integrated News