MANILA — Experts emphasize that the Philippines requires increased international backing to counter China’s aggressive actions in the West Philippine Sea (WPS).
During an exclusive forum on April 11, organized by the think-tank Stratbase ADR Institute and the United States Institute of Peace (USIP), experts stressed the necessity for broader support from the global community in dealing with China’s assertive behavior in the WPS.
Former Armed Forces of the Philippines (AFP) chief Emmanuel Bautista pointed out that during an incident where the China Coast Guard targeted a Filipino resupply boat with water cannons in Ayungin Shoal last March, only 21 countries expressed solidarity with the Philippines. Bautista emphasized the need for more countries, especially Southeast Asian ones to voice their support.
Acknowledging the absence of an enforcement mechanism for the 2016 arbitral ruling affirming the Philippines’ sovereign rights in its exclusive economic zone in the WPS, Bautista stressed the importance of collective international condemnation to exert social pressure on errant states.
Meanwhile, Dindo Manhit, president of Stratbase ADR Institute, condemned China’s utilization of gray zone tactics to undermine the rules-based international order, citing instances of shadowing, blocking, and other provocative actions.
Manhit underscored the necessity for a comprehensive approach involving the entire Filipino society engaging with the international community to address these challenges effectively.
Brian Harding, USIP’s senior expert on Southeast Asia, noted the escalation of tensions in the WPS in recent months but highlighted the strengthened position of the Philippines, particularly within the context of the deepening US-Philippines alliance and the trilateral cooperation with Japan.
Rosie Levine, a senior program analyst at USIP, highlighted the significance of joint patrols involving the Philippines, the US, Japan, and Australia as part of a deterrence strategy aimed at signaling unity against China’s assertiveness. She emphasized the importance of maintaining this coordinated approach to bolster deterrence against individual pressure tactics.
(el Amigo/MNM)
By Junex Doronio
MANILA — As the Philippines is preparing for its historic participation in a Maritime Cooperative Activity in the West Philippine Sea with Australia, Japan, and the United States, the China Coast Guard (CCG) has again harassed the Philippine Coast Guard (PCG) and the Bureau of Fisheries and Aquatic Resources (BFAR) at the Rozul Reef within the Philippines’ exclusive economic zone (EEZ).
On Saturday (6 April 2024), the PCG reported that they and BFAR were harassed by the CCG while conducting operations at the Rozul Reef on Thursday (4 April 2024).
This developed as the Department of National Defense (DND) said the Philippines would join the Maritime Cooperative Activity in the West Philippine Sea with Australia, Japan, and the United States on Sunday (7 April 2024).
According to DND, the drills will involve maritime and air units from the four countries and will be done in a manner consistent with international and domestic laws and about the safety of navigation and the rights and interests of other states.
For its part, the PCG claimed that their personnel and the BFAR were dropping floating aggregate devices (payao) when two CCG vessels (21551 and 21556), which were the “usual interdictors” in the resupply operation in Ayungin Shoal, arrived and started harassing Filipino fishing boats.
The PCG added that the CCG even pretended to use their water cannons to threaten the Filipino fishermen.
(el Amigo/MNM)
By Junex Doronio
MANILA — Following the latest aggressive acts of China in the West Philippine Sea, President Ferdinand “Bongbong” R. Marcos Jr. has signed an executive order calling for the strengthening of the country’s maritime security and maritime domain awareness.
This was disclosed on Sunday (31 March 2024) by the Presidential Communications Office (PCO) headed by veteran journalist and lawyer Cheloy Velicaria-Garafil.
The PCO said Marcos Jr. signed Executive Order No. 57 to strengthen maritime security and raise awareness on the maritime domain amid “serious challenges” threatening the Philippines’ territorial integrity and the “peaceful existence of Filipinos.”
“Despite efforts to promote stability and security in our maritime domain, the Philippines continues to confront a range of serious challenges that threaten not only the country’s territorial integrity, but also the peaceful existence of Filipinos, including their fundamental right to live in peace and freedom, free from fear of violence and threat,” the President said.
Under EO 57, the National Coast Watch Council has been renamed and reorganized into the National Maritime Council (NMC) chaired by Executive Secretary Lucas Bersamin.
“Strengthening the country’s maritime security and domain awareness is imperative to comprehensively tackle the crosscutting issues that impact the nation’s national security, sovereignty, sovereign rights, and maritime jurisdiction over its extensive maritime zones,” Marcos Jr. further said.
The President also ordered the NMC to formulate and issue guidelines for the effective implementation of EO 57 within 60 days from its effectivity.
It was learned that the NMC will have as members the secretaries of the following departments:
Department of National Defense (DND);
National Security Adviser (National Security Council);
Department of Agriculture (DA);
Department of Energy (DOE);
Department of Environment and Natural Resources (DENR);
Department of Foreign Affairs (DFA);
Department of Finance (DOF);
Department of the Interior and Local Government (DILG); and
Department of Transportation (DOTr).
The Solicitor General and the director general of the National Intelligence Coordinating Agency were also named members of the NMC.
(el Amigo/MNM)
MANILA — Amid escalating tensions in the West Philippine Sea (WPS), the Philippine Coast Guard (PCG) is actively seeking support from Australia to bolster its maritime capabilities. The PCG is eyeing the acquisition of two patrol vessels from Australia’s global shipbuilder and defense prime contractor.
The Guardian-class 39.5-meter patrol boat, manufactured by Austal, has piqued the interest of the PCG. This vessel, renowned for its effectiveness in maritime operations, is particularly attractive to the Philippine government due to Austal’s shipyard in Balamban, Cebu.
Australia’s provision of such patrol ships to small South Pacific Ocean countries under its Pacific Maritime Security Program underscores its commitment to enhancing regional maritime security. While these patrol boats are initially armed with light weapons, they possess the capability for further upgrades, including medium-caliber guns like 25/30 mm chain guns and 12.7 mm heavy machine guns.
The acquisition of the Guardian-class patrol boats by the PCG may be facilitated through various means, including outright purchase, official development assistance grants, or loans from Australia.
This initiative supplements the Philippine government’s broader modernization efforts aimed at fortifying its maritime defense capabilities. It is separate from the procurement of three new ships funded under the 2024 national budget, specifically designated for defending the West Philippine Sea.
Furthermore, the realignment of funds from the Office of the Vice President and the Department of Education to intelligence and security agencies underscores the government’s commitment to addressing escalating threats in the WPS. Lawmakers advocate for increased allocations to the PCG, recognizing its pivotal role in safeguarding the country’s waters.
The PCG’s journey towards modernization has been marked by collaboration with various allies, including Japan, France, and the United States. These partnerships have significantly contributed to expanding the PCG’s fleet and enhancing its maritime capabilities.
As tensions persist in the WPS, the Philippines continues to seek strategic alliances and technological advancements to safeguard its territorial integrity and maritime interests.
(el Amigo/MNM)
By Junex Doronio
MANILA — Amid the tensions in the West Philippine Sea due to the latest acts of aggression by the China Coast Guard (CCG) and the People’s Liberation Army (PLA) Navy helicopter, members of a US congressional delegation who paid a courtesy call on President Ferdinand “Bongbong” R. Marcos Jr. have expressed support for the Philippines.
The senatorial delegation arrived Tuesday (26 March 2024) to discuss about PH-US relations and, the promotion of Regional Peace and Security through Enhanced Defense and Security Cooperation and Economic Cooperation, among others with the President.
“We share your concern about China’s aggression about many of the issues around the Philippines,” Senator Kirsten Gillibrand told Marcos Jr.
She added: “We stand with you and we want to continue to stand by you, and with you, and to push that aggression back appropriately.”
Gillibrand also assured the President of the delegations’ support for the Philippines, which she considered an ally and a friend to the US.
“I’m happy, very happy to welcome all of you to the Philippines,” Marcos Jr. said in welcoming the delegation.
The President thanked them for taking time to visit the Philippines amid the “rather topsy-turvy political cycle” in the US.
(el Amigo/MNM)
By Junex Doronio
MANILA — Were the Filipino scientists conducting marine resource assessment in Pag-asa Island in the West Philippine Sea being shot at by a Chinese helicopter?
This question surfaced following the report of the Bureau of Fisheries and Aquatic Resources (BFAR) that a team of Filipino scientists and researchers was “harassed” by a Chinese helicopter on Saturday (25 March 2024), resulting in injuries of some members of the team.
In a video released by BFAR, a People’s Liberation Army (PLA) Navy helicopter with tail number 57 was seen hovering above Sandy Cay 3 and 4 and monitoring the activity of the research team from the bureau, the UP Institute of Biology, and National Fisheries Research and Development Institute (NFRDI).
The research divers reported hearing “ping” sounds at three-second intervals while diving at Cay 3.
BFAR said the Chinese helicopter continued to hover at a very close distance to the sand bar, where some researchers were conducting their assessment.
It further said some of the scientists and BFAR crew sustained minor injuries such as cuts and scratches due to the strong wind and debris induced by continuous hovering of the Chinese chopper.
Due to the incident, the mission commander recalled the research team.
It can be noted that the harassment happened on the same day that China Coast Guard vessels fired water from a powerful cannon at the Philippine resupply boat Unaizah on May 4 during the rotation and resupply mission in Ayungin Shoal.
(el Amigo/MNM)
By Junex Doronio
MANILA — Following the marching order of China’s President Xi Jinping to its armed forces to coordinate preparations for military conflicts at sea, protect their country’s maritime rights and interests, and the development of their maritime economy, some 50 Chinese vessels have been spotted in the West Philippine Sea (WPS).
The Armed Forces of the Philippines (AFP) in a statement disclosed that as of 4 p.m. on Monday (11 March 2024), there were 7 China Coast Guard vessels (CCGVs), 18 Chinese maritime militia vessels (CMMVs), and 29 small Chinese fishing vessels (CFVs) in Philippine-occupied islands and features in the waterway.
“In Bajo de Masinloc, 5 CCGVs, 18 CMMVs, and 10 China CFVs. In Ayungin Shoal, 1 CCGV, 6 CFVs. In Pagasa Island, 1 CCGV, 6 CFVs. In Panatag Island, 7 CFVs,” AFP spokesperson Col. Francel Margareth Padilla said in a press briefing on Tuesday (12 March 2024).
She added that there were no significant sightings of Chinese vessels in other features.
Despite this development, Padilla said the AFP would continue its rotation and resupply (RoRe) mission to all the features in the western section of the country’s exclusive economic zone (EEZ).
“The next RoRe at Pagasa, Kota, Panatag, and Parola will be conducted in the first week of April,” she said.
Political pundits told Maharlika NuMedia that China’s claim to the South China Sea (SCS), which includes the WPS, can be traced back centuries and is embodied in their so-called nine-dash line.
However, countries that claim parts of the SCS and reject the nine-dash line have maintained that the Chinese claim encroaches onto their territory as defined by the United Nations Convention on the Law of the Sea (UNCLOS).
Under UNCLOS, each country has an EEZ extending 200 nautical miles (around 370km) from its coast over which it has sovereign rights.
By Junex Doronio
MANILA — In a rare display of solidarity, Southeast Asian and Australian leaders on Wednesday (06 March 2024) called on all countries to avoid any action that will “endanger peace” in the West Philippine Sea in the wake of the latest tension between the Philippines and China.
This developed as China accused the United States of using the Philippines as a “pawn” in the South China Sea.
“China urges the United States not to use the Philippines as a pawn to stir up trouble in the South China Sea,” China’s foreign ministry spokeswoman Mao Ning said.
However, Southeast Asian and Australian leaders warned against actions that “endanger peace” in the South China Sea.
In their joint declaration, the 10-nation ASEAN bloc and Australia said: “We encourage all countries to avoid any unilateral actions that endanger peace, security and stability in the region.
“We recognize the benefits of having the West Philippine Sea (South China Sea) as a sea of peace, stability and prosperity,” the statement further said.
(el Amigo/MNM)
By Junex Doronio
MANILA — Given the escalating tension between the Philippine Coast Guard (PCG) and the Chinese vessels in the West Philippine Sea, the Armed Forces of the Philippines (AFP) on Monday (26 Feb 2024) said it is ready to support the country’s coast guard.
The AFP’s statement came out on the heels of the latest incident between PCG and Chinese vessels in Bajo de Masinloc or Scarborough Shoal.
“The AFP supports the maritime law enforcement operation of the PCG and other maritime law enforcement agencies. For our part, any challenges faced by foreign forces are addressed with utmost professionalism and we will practice maximum tolerance,” AFP spokesperson Col. Francel Margareth Padilla told reporters in a Viber message.
At the same time, the AFP maintained that it would practice maximum tolerance in “addressing challenges from foreign forces.”
On Sunday (25 February 2024), the Philippines accused the China Coast Guard (CCG) of attempting to block the Bureau of Fisheries and Aquatic Resources’ BRP Datu Sanday, which was delivering supplies to fishermen near Bajo de Masinloc last February 22.
(el Amigo/MNM)
By Junex Doronio
MANILA — Tensions seemingly subsided in the West Philippine Sea (WPS) as the China Coast Guard (CCG) removed the floating barrier it laid to prevent Filipinos from fishing in the disputed area.
On Monday (19 Feb 2024), National Security Council (NSC) Assistant Director General Jonathan Malaya confirmed that China removed the installation after the vessels of the Bureau of Fisheries and Aquatic Resources (BFAR) left the Bajo de Masinloc, one of the country’s oldest known fishing grounds.
“Ang nangyari diyan, nung umalis na yung ating BFAR vessels, tinanggal na rin nila,” Malaya disclosed during a “Bagong Pilipinas” briefing.
He added: “So, habang nandun ang ating BFAR vessel, nandun yung barrier. Pero immediately after ng pag-alis ng BFAR ay tinanggal na rin nila. Siguro natatakot na rin silang puputulin natin.”
On Saturday (17 February 2024), Philippine Coast Guard (PCG) spokesman Jay Tarriela said that floating barriers were spotted at the mouth of Bajo de Masinloc, or the southeast entrance to Bajo de Masinloc last February 15.
(el Amigo/MNM)
By Junex Doronio
MANILA — Cognizant of the various security challenges, including the South China (West Philippine Sea) issue, the Philippines and Sweden have expressed willingness to develop long-term bilateral cooperation.
On Thursday, the Department of National Defense (DND) disclosed that on January 26 Undersecretary Irineo Espino met with Swedish State Secretary for Foreign Affairs Jan Knutsson at the Department of National Defense (DND).
“Both sides looked forward to developing a long-term bilateral cooperation, underscoring the importance of upholding the rules-based international order and strengthening security ties between like-minded countries,” the DND said in a statement.
Espino and Knutsson also tackled climate change, the Ukraine war, cross-strait tensions, and the South China Sea issue.
It was learned during the meeting that Knutsson also presented Sweden’s cost-effective material, primarily its aircraft, as he showcased the country’s strong defense industry to counter threats.
For his part, Espino expressed DND’s interest in cooperating with Sweden in terms of technology transfer and research and development, among others, to protect the Philippines’ sovereignty.
(el Amigo/MNM)
By Junex Doronio
MANILA — The line of the Philippine national anthem: “Sa manlulupig, di ka pasisiil” must have driven more Filipinos to see the administration of President Ferdinand “Bongbong” Romualdez Marcos Jr to increase military presence on the West Philippine Sea (WPS) rather than relying only on diplomacy.
This was revealed on Tuesday based on the latest survey by OCTA Research in its Fourth Quarter Tugon ng Masa Survey from December 10 to 14 last year.
It showed that 72 percent of respondents want to see the PBBM administration focusing on expanded naval patrols and troop presence in the disputed waters.
Notably, it was an increase of seven percentage points from the third quarter survey conducted in October last year.
Last January 3, the Armed Forces of the Philippines(AFP) and the United States Indo-Pacific Command (USINDOPACOM) held their second “maritime cooperative activity” (MCA) in the WPS.
The first MCA between the Philippines and the US took place from Nov. 21 to 23 last year and involved naval vessels and aircraft from the two countries.
OCTA survey results showed that those who preferred using diplomacy and other peaceful methods ranked only second at 70 percent.
Those who said that modernization of the country’s military capability ranked third at 60 percent.
(el Amigo/MNM)
MANILA — A recent survey conducted by OCTA Research indicates that 61 percent of Filipinos support President Ferdinand Marcos Jr.’s response to the ongoing dispute between the Philippines and China in the West Philippine Sea (WPS).
The fourth quarter Tugon ng Masa Survey, conducted from December 10 to 14, shows a notable increase from the third quarter, with three percentage points higher approval.
Only eight percent of respondents disagreed with the government’s approach, while 31 percent remained undecided on the matter.
The National Capital Region recorded the highest approval rating at 67 percent, while Mindanao had the lowest at 52 percent.
Additionally, respondents from socioeconomic class D showed the highest agreement, with 64 percent supporting the government’s stance.
The survey, with 1,200 respondents, carries a margin of error of plus or minus three percent.
(By el Amigo/MNM)
By Junex Doronio
MANILA — China should respect the Philippines’ sovereignty and the right to conduct activities in the West Philippine Sea (WPS).
This was stressed on Thursday (04 Jan 2024) by Armed Forces of the Philippines Public Affairs Office (AFP PAO) chief Colonel Xerxes Trinidad who confirmed that Chinese warships shadowed the second joint maritime patrol of the Philippine Navy and the United States Navy in the region.
”Yes, we can confirm the presence of two PLA-N (People’s Liberation Army-Navy) vessels from a distance shadowing the participants of the MCA (maritime cooperative activity). We have identified a PLA-N Destroyer with BN174 and a PLA-N Frigate with BN570,” Trinidad said.
Trinidad, however, said Philippine authorities could not determine yet the intention of China with regard to the shadowing incident.
”The MCA is well within (the) Philippines’ Exclusive Economic Zone (EEZ). We are hoping that China and other foreign countries will respect our sovereignty and right to conduct the activity that is following international law,” he pointed out.
(El Amigo/MNM)
By Junex Doronio
MANILA — Trashing China’s insinuation that the United States and other allies may have a “hidden agenda” on the West Philippine Sea (WPS) issue, the Philippine Coast Guard (PCG) on Thursday said the country will continue to welcome countries that support its interests.
PCG spokesperson Commodore Jay Tarriela stressed that the Philippines will keep its vigilance against “bullies” and called out China for blaming the actions of the Philippines as well as the US for the rising tensions in the South China Sea.
“While it is true that there is no such thing as free lunch, unlike China, our allies do not take away our lunch especially if it is rightfully ours,” Tarriela said in a post on X (formerly Twitter).
He was reacting to an editorial article in the Chinese government-supported publication Global Times.
The article read, “The Philippines must remain vigilant against the ‘enthusiasm’ displayed by the US and some other countries. There is no such thing as a free lunch, and behind the US’ “enthusiasm” lies a hidden agenda.”
It can also be noted that recently, Chinese state media People’s Daily also published a commentary accusing the Philippines of infringing on China’s territory, spreading false information, and colluding with other countries to cause trouble.
“Until now, the [People’s Republic of China] has not come to terms with the fact that their fabricated narratives and baseless claims about the alleged aggressive actions of the Philippines are not that convincing,” Tarriela quipped.
Meanwhile, the Armed Forces of the Philippines (AFP) also said the Philippines is not provoking conflict in the South China Sea.
“[The] Philippines is not provoking conflict. We follow international law and we are only implementing our domestic law,” AFP spokesperson Colonel Medel Aguilar pointed out.
He further said the Philippines is not conducting activities that will put vessels and seafarers in danger and instead accused China of performing dangerous maneuvers that sometimes result in collisions at sea.
“They are the ones committing all the violations,” Aguilar retorted.
He noted that the Philippines was just conducting activities within its territorial waters and exclusive economic zone (EEZ).
(IAmigo/MNM)
By Junex Doronio
MANILA — Taking notice that under the administration of President Ferdinand R Marcos Jr., the Philippines increased engagement with other nations, including the United States, United Kingdom, Australia, Canada and Japan, an American maritime expert said it has brought the country has gained support from the international community in the face of China’s incursions in the West Philippine Sea.
Ray Powell, of the Gordian Knot Center for National Security Innovation at Stanford University, said being more open on issues in the West Philippine Sea may be a part of the paradigm shift on the issue that Marcos Jr. has hinted at.
While in Tokyo, Japan PBBM said a “paradigm shift” was needed in how the Philippines approaches its maritime dispute with China, noting that diplomatic efforts with Beijing were headed “in a poor direction” and showing “very little progress.”
“It’s time that the countries that feel that they have an involvement in this situation, we have to come up with a paradigm shift,” Marcos said in a December 16 interview with Mainichi Shimbun.
Compared with the previous Duterte administration that was “friendly” to China, Powell also noted that the Philippines has been more open about incidents and confrontations in the West Philippine Sea, saying the country “turned the cameras on this year and showed the world what’s happening.”
“All of a sudden, the rest of the world is seeing this level of maritime aggression from China and recognizing that this has been going on for quite some time and we haven’t been paying attention,” Powell said in his interview with ANC’s “Headstart” on Monday, December 18.
The former US Air Force officer said aside from the support of the international community, the Philippines also gains equipment and assistance on maritime security.
(IA/MNM)
By Gerry Lirio
IT WAS another successful supply mission to the BRP Sierra Madre, the country’s military outpost on Ayungin Shoal in the West Philippine Sea, led no less by AFP Chief of Staff Gen. Romeo Brawner Jr. and Coast Guard Commandant Ronnie Gavan.
They were met with water cannons but, if only because the supply, including Christmas gifts, for Filipino soldiers, staff, and fishermen had been delivered, according to NSC assistant director Jonathan Malaya in a morning TV show interview, the mission was deemed successful.
But the success would come with greater risk the next time they do it again. Chinese Coast Guards have been getting bolder. There may be casualties next time.
The TV show host thus asked: Is there a better way to do it?
Brawner said he was not scared. The trip, as it has always been, was a grand Coast Guard production on safety. Under Galvan, the PCG personnel seem to have always been prepared to handle their police duties.
Brawner: We are not scared
“No, but I’m angry because of what they did,” he was quoted to have said after the trip. He was aboard the Unaizah Mae 1, one of the three government boats delivering provisions to Filipino fishermen near Scarborough Shoal, off Luzon.
“I think they didn’t know I was on board.”
“We keep on avoiding them, but they continue to harass, it’s dangerous, it’s dangerous.”
But more than anything, the experience raised questions about the worsening relations between the Philippines and China over disputed territorial waters.
‘It’s going happen again’
It has happened before, the TV anchor said. And it is going to happen again. The last one before that was on November 9. The Philippines filed another diplomatic protest for the November 9 blockade, its 58th against China so far.
Again, the Chinese Coast Guard dismissed the protest claiming the waters of Ayungin Shoal belongs to
China. It warned that the Chinese Coast Guard “will continue to carry out law enforcement activities in the waters under China’s jurisdiction in accordance with the law, and resolutely safeguard China’s national sovereignty and maritime rights and interests.”
The clash of actions between the Philippines and China is not expected to be settled soon. On the contrary, it is developing into another potential flash point on international peace and security as other states have started to take active sides in the controversy.
What Congress can do?
Congress is conducting public hearings to help craft laws to protect the sovereignty and sovereign rights of the Philippines in this dispute with China.
How far can Philippine laws protect Filipino fishermen, soldiers, and Coast Guard personnel?
In the hope of helping Congress craft laws, former Chief Justice Reynato Puno has given the Senate a copy of his position paper on the disputed waters. The paper was submitted to the Senate committees on National Defense and Security, Peace, Unification and Reconciliation, Foreign Relations, Public Works and Finance and Special Committee on Philippine Maritime and Admiralty Zones.
The Maharlika NuMedia has obtained a copy of the paper, which Justice Puno will also present before a grand conference of chief justices in January 2024. We tried to summarize some salient points Puno has raised in the paper.
Blocking an act of war?
Puno addressed in the paper several questions defining the Philippine-Chinese relations, among them:
Was the blocking maneuver an act of war?
Puno divided his paper into six parts. And here, the former chief justice raises more questions, and answers these questions to guide the senators.
In Part 1, Puno asked: What is a military force? What is a law enforcement force?
The paper started with the basic proposition that there was a distinction between military forces and law enforcement forces. The distinction is based on the principle of posse comitatus.
In the Philippines, the principle of posse comitatus is mandated by the Constitution. International conventions also recognize the distinction between military forces and law enforcement forces and their respective activities.
According to the principle of posse comitatus, the paper said a government may call upon its civilian citizens to assist in law enforcement but it “may not use any part of the armed forces to execute the laws,”
Is there a real difference?
Said Puno: “In sum, there is a real distinction between a military force and a law enforcement force. In the Philippines, such distinction is recognized by the Constitution, laws, and jurisprudence.
“The distinction is based on the organizational unit, with those belonging to the AFP being considered military forces whereas those belonging to the PNP are law enforcement forces that are civilian in nature.
The distinction is also based on their function: preservation of the state by the military calls for the highest form of self-defense and justifies the immediate use of lethal force to achieve a military objective;
“In contrast, enforcement of the law and preservation of order by law enforcement forces are limited by strict constitutional procedural and substantive requirements, including the rules of engagement.
The 1987 Philippine Constitution and laws distinguish between military forces and law enforcement forces following the principle of posse comitatus.
Thus, our Constitution defines the armed forces and law enforcement forces differently. Article II, Section 3 enshrines the principle that “civilian authority is, at all times, supreme over the military,” and assigns to the Armed Forces of the Philippines (AFP) the function of “securing the sovereignty of the State and the integrity of the national territory.” Article XVI, Section 6 provides that the AFP shall be a “citizen armed force” whose function is to ensure the “security of the State.”
‘Engendering statements’
Puno said the questions regarding military engagement and law enforcement and the legal significance of their difference were “engendered” by statements made in two public hearings at the Philippine Senate.
First, during the public hearing of the Special Committee on Philippine Maritime and Admiralty Zones on October 23, 2023, the discussion centered on on the proposed provision in the maritime zones bill regarding countermeasures that the Philippines can take against China for the collision and blockade that took place in the vicinity of Ayungin Shoal.
In Part 2: What is the significance of the distinction between a military force and a law enforcement force?
Coast Guard in wartime
Republic Act 9993 provides that the PCG shall be attached to the Department of Transportation and Communication, now known as DOTR, during peacetime and to the Department of National Defense during wartime.
It vested the PCG with maritime law enforcement, safety and security functions, and does not mention the military functions that the PCG might perform following a declaration of war.
PCG needs Congress help
In a separate instrument, namely a PCG Manual on the Rules on the Use of Force, the DOTC authorized the PCG to use deadly force “under extreme necessity” to deal with “foreign registered vessels and their crew within the internal waters, archipelagic waters, territorial sea.”
It may also be resorted to during law enforcement to defend oneself and others. In both cases, prior warning is required.
More importantly, the Manual provides that, within the Philippine CZ, the use of deadly force against a state actor is proscribed, except when the Operations Order provides otherwise.
Within “non-contested areas in the exclusive economic zone” of the Philippines, use of deadly force is not countenanced even against vessels engaged in “hostile actors,” unless the Operation Order provides otherwise.
There is no guideline on use of force in contested areas, such as the TS of disputed rocks.
The PCG is a civilian law enforcement force during peacetime. While it may transform into a military force upon a declaration of war, the rules governing its military activities have yet to be defined.
Peacetime or wartime?
During peacetime, in the international legal system, both military forces and law enforcement forces, as well as their public or non-commercial vessels and aircrafts enjoy sovereign immunity.
“Wherever they may be situated, these forces and their vessels and aircrafts are an extension of the territory of their states and, as such, immune from arrest, search, inspection/boarding or other exercise of jurisdiction by a foreign state. Thus, any threat or use of force upon these forces, vessels and aircraft would amount to an act of aggression against the territory of the flag state,” he said.
Self-defense Vs. aggression
“Aggression would be a just cause for war.
“A state of war is synonymous to a state of armed conflict between two or more states,” the paper said.
“Any difference arising between two States and leading to the intervention of members of the armed forces is an armed conflict” or war.
“Such state of war may exist regardless of whether there is a declaration of war or an authorization to use force or even if there is a lack of resistance to an occupation or a non-recognition by one party of the existence of a state of war.
War declaration to get budget
The purpose of a formal declaration of war or authorization to use force is merely to legalize budgetary allocation, mobilization, and deployment.
“Conversely, a state of peace would be synonymous to cessation of armed conflict. However, for certain legal effects, such as the termination of force majeure, there must be “some formal proclamation of peace by an authority competent to proclaim it.”
During an international or non-international armed conflict in which a flag state is either a belligerent state or a third state whose territory has been placed at the disposal of a belligerent state, its military forces and their vessels and aircraft are a legitimate military objective.
In contrast, being civilian in nature and function, law enforcement forces are not a legitimate military objective, unless they have been incorporated into or tasked to perform the functions of a military force.
Disputed and undisputed territories
“Whether it is peacetime or wartime, within the undisputed internal waters, archipelagic waters, territorial waters and the superjacent airspace of a coastal state, its law enforcement forces, vessels and aircraft may exercise all rights of territorial sovereignty, including prescriptive and enforcement jurisdiction over political, criminal, civil, tax and commercial activities,61 subject to the sovereign immunities of foreign states.
“Its military forces, vessels and aircrafts have the right to defend the territorial sovereignty of the state from internal or external threats. If said territorial, maritime and air spaces are disputed, the occupying claimant state may exercise all rights of territorial sovereignty pending resolution of the dispute by peaceful means.
Is it a military situation?
In Part 4: Bearing in mind the nature of the CCG and PCG, Puno asked: Did the presence of the Philippine Navy, US Navy and Chinese Navy in the WPS transform the incident into a military situation?
What are the legal and political implications of the deployment of the Philippine military to the WPS and its use of the assistance of the US Navy?
In Part 5: the paper examines the important implications in municipal and international law of the distinction between military and law enforcement forces in the concrete context of the disputed territorial, maritime and air spaces in the South China Sea.
What legal and non-military courses of action may the Philippines take to respond to the recent collision at sea and blockade by Chinese vessels against Philippine resupply vessels?
In Part 6, Puno said the obvious. It could happen again. It plays out the different actions that China and the Philippines may take against each other in view of their dispute, especially regarding the EEZ/CS being claimed by the Philippines in the WPS.
“As such blocking maneuvers and collisions are likely to recur, and may become kinetic, it may be useful to anticipate scenarios” to put things under control. Puno is raring to help lawmakers.
By Liezelle Soriano
MANILA — China’s recent attacks in the West Philippine Sea, specifically targeting Philippine vessels in Scarborough Shoal and Ayungin Shoal, are not deemed acts of war, according to National Security Council (NSC) Assistant Director General Jonathan Malaya on Monday (December 11, 2023).
“The actions displayed in the past few days indicate a desire to escalate situations, primarily evidenced by significant damage to Philippine vessels, including navigation equipment, communications gear, and the engine of the M/L Kalayaan. We are taking this very seriously,” Malaya stated.
“However, is this considered an act of war? We don’t believe so. It seems to be part of the cat-and-mouse game that China is employing to advance its interests. The Philippines remains undeterred, and we will continue these missions in support of our troops and fishermen in the West Philippine Sea,” he added.
The Chinese Coast Guard (CCG) previously deployed water cannons on Philippine vessels, causing damage to the engines of M/L Kalayaan. This action was condemned by senators who urged China to respect international law.
Earlier, President Ferdinand “Bongbong” Marcos Jr. affirmed that the Philippine government would steadfastly defend the country’s sovereignty. He directed the Armed Forces of the Philippines to continue safeguarding the nation’s sovereignty and jurisdiction, assuring full support.
“I have been in constant communication with our national security and defense leadership and have directed our uniformed services to conduct their missions with the utmost regard for the safety of our personnel while maintaining a mission-oriented mindset,” Marcos stated.
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By Junex Doronio
MANILA — Just like the Boy Scout motto: “Be always prepared,” the Philippines and its reliable neighbor-friend Australia have announced the start of joint air and sea patrols within the Philippines’ exclusive economic zone (EEZ), confirming the “strategic partnership” that President Ferdinand R. Marcos Jr. and Australian Prime Minister Anthony Albanese signed last September this year.
On Sunday, the President warned that the Chinese military had “started to show interest” in building bases on reefs that were “closer and closer to the Philippine coastline.”
This warning came on the heels of the announcement made on Saturday, November 25, by Australia and the Philippines regarding the start of joint air and sea patrols off the Southeast Asian nation.
Marcos Jr. said the joint patrols were “a practical manifestation of the growing and deepening strategic and defense partnership between our countries.”
“We endeavor to enhance bilateral interoperability in maritime security and domain awareness,” the President said on the social media platform X, formerly Twitter.
It was learned that the Philippines will deploy two navy vessels and five surveillance aircraft to join Australia’s HMAS Toowoomba warship and a P-8A maritime surveillance aircraft.
Department of National Defense (DND) Arsenio Andolong clarified that the maritime patrols will be held inside the Philippines’ EEZ.
The joint air and sea patrols were aimed at deepening their defense cooperation to counter China’s assertiveness in the region.
Noticeably, the “maritime cooperative activity” came days after the United States held a similar exercise with the Philippines in the South China Sea, which Beijing claims almost entirely with what it calls the internationally unrecognized nine-dash line.
In a joint statement, the Australian and Philippine defense chiefs said the three-day patrols showed their “shared commitment to exercising freedom of navigation and overflight consistent with international law.”
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MANILA — Following the submission of a new diplomatic protest against China’s actions in the West Philippine Sea, support for the Philippines has surged significantly. Numerous countries have expressed their concern and condemnation of what they perceive as “dangerous” behavior by China.
The protest, lodged by the Department of Foreign Affairs (DFA) on Friday, was prompted by China’s deployment of a water cannon against a Philippine boat on a resupply mission to Filipino troops at the BRP Sierra Madre in Ayungin Shoal.
In response, the National Task Force-West Philippine Sea (NTF-WPS) stated, “We once again condemn China’s latest unprovoked acts of coercion and dangerous maneuvers.” The NTF-WPS firmly demanded the immediate departure of Chinese vessels engaged in such illegal activities from the vicinity of Ayungin Shoal.
Various ambassadors, including Australian Ambassador HK Yu, underscored the importance of upholding the United Nations Convention on the Law of the Sea (Unclos) and respecting international law for global peace and security.
US Ambassador MaryKay Carlson criticized the “continued PRC harassment” and reaffirmed Washington D.C.’s commitment to stand by Manila for a “free and open Indo-Pacific.” Similarly, the envoys of Japan and the United Kingdom echoed their opposition to actions escalating tensions in the region.
The European Union, the Netherlands, and Germany reiterated their support for international law, specifically Unclos and the 2016 Arbitral Award. German Ambassador Andreas Pfaffernoschke expressed Germany’s backing for the Philippines in advocating respect for international law in the South China Sea.
Despite the international outcry, the China Coast Guard (CCG) asserted its intention to “continue to carry out law enforcement activities” near the Ayungin Shoal, reiterating China’s territorial claim over the area.
In the Philippines, senators, led by Senate President Juan Miguel “Migz” Zubiri, strongly condemned China’s recent water cannon attack. President Pro Tempore Lorna Regina “Loren” Legarda emphasized the significance of the 2016 Arbitral Award, while Sen. Jose “Jinggoy” Estrada urged the government to consider adopting Senate Resolution 79.
Sen. Ana Theresia “Risa” Hontiveros called for an upgrade in the capabilities of the Philippine Coast Guard and Navy to navigate past the Chinese blockade.
Meanwhile, the Armed Forces of the Philippines (AFP) Northern Luzon Command (Nolcom) reported substantial achievements in its efforts to bolster national security in the West Philippine Sea. Lt. Gen. Fernyl Buca highlighted successful challenges to over 14,000 vessels during air and surface patrols in critical maritime areas.
The Nolcom emphasized a strategic shift toward Territorial Defense Operations to safeguard the country’s territorial integrity.
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