Jardeleza pushes for 2nd legal challenge vs China over WPS dispute

As the country commemorates the 9th anniversary of the arbitral ruling that invalidated China’s claims in the South China Sea, retired Supreme Court Justice Francis Jardeleza on Monday urged the government to file another legal challenge over the West Philippine Sea.

“Ang pangalawang kaso na pinag-usapan namin noon ni (Justice) Secretary (Jesus Crispin)  Remulla ay ang environmental, no? Kasi walang kaduda-duda na maraming damage na nagawa ang China. So ‘yun ang aming— dalawa kami ni Florin Hilbay, ang aming hinihimok ang gobyerno na wag niyo kalimutan na may damage na tayo,” Jardeleza said on Super Radyo dzBB.

(The second case that Secretary Remulla and I discussed before was the environmental one, right? Because there’s no doubt that China has caused a lot of damage. So that’s what we— Florin Hilbay and I are urging the government, not to forget that we have already suffered damage.)

Jardeleza, a former solicitor general, was a part of the team that brought the country's arbitration case against China before the Permanent Court of Arbitration

He said that filing another case will lead the country to have an advantage.

“Kasi kung mag file tayo ng environmental case, ilang bilyon 'yun, palagay mo in three years time, kung may makuha tayong panalo… then it will put the debate to another plane, ‘yun ang sinasabi namin,” he said.

(Because if we file an environmental case, that would be worth billions, and do you think in three years’ time, if we win… then it will put the debate to another plane, that’s what we’re saying.)

In 2013, the Philippines challenged China over its claims on the West Philippine Sea, and in 2016 Manila scored a victory in a landmark ruling by an international tribunal that invalidated Beijing’s claims.

China, however, has refused to acknowledge the Permanent Court of Arbitration’s 2016  ruling that invalidated its nine-dash line.

In 2024, the Department of Justice sought to file an environmental case against China over destruction in the WPS in 2024. However, Jardeleza said there has been no updates on this.

Justice Secretary Jesus Remulla first mentioned the filing of a case against China in September 2023, after the Armed Forces of the Philippines Western Command confirmed that there were cases of massive coral harvesting along Rozul (Iroquois) Reef in the West Philippine Sea.

According to Jardeleza, they received information that President Ferdinand Marcos Jr. did not want to file a second legal case.

“Well sa matagal na panahon ako po ay nagdudulog kung pwede ba tayong mag-file ng kaso. Ang aming naririnig ay ayaw ng Pangulong Marcos. ‘Yun po ang sabi,” he said.

(Well, for a long time now I have been appealing if we could file a case. What we’ve been hearing is that President Marcos does not want to. That’s what was said.)

“Hindi ko po alam kung bakit. Pero ang nakasanayan na natin gawin ngayon ay dumulog tayo sa Estados Unidos, makipag patulong, at saka dumudulog din tayo sa ibang bansa,” he added.

(I don’t know why. But what we’ve gotten used to doing now is to appeal to the United States, ask for help, and also appeal to other countries.) —AOL, GMA Integrated News