By Junex Doronio

MANILA — Saying that if the dilapidated World War II-era ship BRP Sierra sinks into the sea because of its disrepair due to the “gentleman’s agreement” between former President Rodrigo Roa Rodrigo and Chinese President Xi Jinping, retired Supreme Court (SC) Justice Antonio Carpio has expressed the possibility that China will ultimately take over the Ayungin Shoal even if it’s within the Philippines’ exclusive economic zone (EEZ).

The former SC Justice made the statement after the feisty ex-president has confirmed his “gentleman’s agreement” with Xi at a press conference on Thursday (11 April 2024) in Davao City, claiming that its main goal was to avert armed confrontation between Filipinos and Chinese in the West Philippine Sea.

“He (Duterte) said it was [to keep] peace. But in the agreement, he agreed we won’t supply, we won’t repair (BRP) Sierra Madre, and will only bring in water and food. But that will cause the [warship] to sink since it’s rusty already,” Carpio told reporters on the sidelines of a forum at the University of the Philippines.

He hinted that Duterte’s secret deal with the Chinese leader would eventually allow China to take full control of the Ayungin Shoal, where the rusty BRP Sierra Madre is grounded since 1999 during the administration of then President Joseph “Erap” Ejercito Estrada.

To recall, the Armed Forces of the Philippines (AFP) deliberately grounded the BRP Sierra Madre on Ayungin Shoal in May 1999, four years after the Chinese built what they initially called fishermen’s shelter on nearby Panganiban (Mischief) Reef despite protests from the Philippines.

Both Ayungin and Panganiban are well within the Philippines’ 370-kilometer exclusive economic zone (EEZ).

If BRP Sierra Madre sinks, Carpio said: “We won’t have an outpost anymore. We can’t protect Ayungin Shoal … and what China will do is they will enter Ayungin Shoal, and we lose another feature in the South China Sea.”

With this scenario, the former magistrate supported a legislative inquiry proposed by Sen. Risa Hontiveros to look into the deal, which he said was “against the national interest.”

“I agree with the inquiry to be able to craft a law that would mete out imprisonment to those who commit treason during peacetime,” Carpio stressed.

(el Amigo/MNM)

By Junex Doronio

REAFFIRMING HIS STANCE that Ayungin Shoal belongs to the Philippines, former Supreme Court senior associate justice Antonio Carpio has expressed preference for a civilian structure to be built instead of a military one.

Carpio explained that in the 2016 arbitral award at The Hague, the Permanent Court of Arbitration said if it’s a military activity, “that is not under the jurisdiction of the arbitral tribunal.”

“We can actually put up a structure there, like a marine research center with a lighthouse, but I prefer that we put up a civilian structure to be operated by the Coast Guard,” the former high magistrate said.

He also maintained that the Ayungin Shoal is part of the Philippines’ exclusive economic zone (EEZ), and based on the United Nations Convention on the Law of the Sea (Unclos), the country has the exclusive right to build structures there.

“The Chinese have been destroying the coral reefs, they have been destroying the coral reef in the Sabina Shoal, that’s why we’re filing a case against China,” Castro added.

He proposed that there should be a monitoring structure to prevent China from destroying the coral reefs in the Ayungin Shoal.

But it must be a civilian structure, Carpio insisted.

The BRP Sierra Madre is a World War II-era ship that was deliberately grounded at Ayungin Shoal in 1999 during the administration of then President Joseph “Erap” Estrada to serve as a military outpost over the contested waters.

The retired high magistrate also pointed out that if China attacks the permanent structure, the Philippines can report the case to the arbitral tribunal.

“We have a right to be there because that’s our EEZ, and the coastal state that has the jurisdiction over the EEZ has the right to put up structures in its EEZ,” Carpio said.

(AI/MNM)

By Junex Doronio

NOTHING IS PERMANENT BUT CHANGE, an age-old adage that seemingly comes true when retired Supreme Court Associate Justice Antonio who once led the “anti-Marcos” 1Sambayan opposition coalition in 2022 is now supporting President Ferdinand “Bongbong” Marcos Jr’s move to strengthen the country’s alliances with other states amid China’s moves in the West Philippine Sea.

This developed as Carpio said on Wednesday that China cannot dictate who can fish inside Scarborough Shoal in reaction to reports that the Chinese Coast Guard installed floating barriers near the disputed shoal to drive away Filipino fishermen.

The Chinese floating barriers had already been removed by the Philippine Coast Guard (PCG) on Monday night, September 25, upon the marching order of President Marcos Jr. and National Security Adviser Eduardo Año.

“We had a right. Tama ang pagtanggal ng barrier kasi sabi sa arbitral tribunal, in the award, na common fishing ground ‘yung lagoon and territorial sea ng Scarborough Shoal. Common fishing ground ng Filipino, Chinese, and Vietnamese fishermen,” Carpio said in a TeleRadyo Serbisyo interview.

On Wednesday, the PCG also encouraged Filipino fishermen to keep fishing at Scarborough Shoal and other sites in the South China Sea, promising to intensify patrols there despite the daunting presence of some bigger Chinese vessels.

“Kung common fishing ground ng tatlong bansa, not a single country can stop others from fishing there. Walang karapatan ang China na sila lang sa sarili nila magdecide na sila lang ang pwedeng mangisda doon sa loob ng lagoon,” Carpio stressed.

He pointed out that the arbitral tribunal did not rule on who has sovereignty of Scarborough Shoal “kasi that question is beyond the jurisdiction of the tribunal.” (ai/mnm)