House resolution supports Phl's legal move vs. China

MANILA, Philippines - The House of Representatives on Wednesday unanimously adopted House Resolution 3004 principally authored by Speaker Feliciano Belmonte Jr., which supports the arbitration case filed by the Philippines against China based on Article 287 and Annex VII of the United Nations Convention on the Law of the Seas.

The resolution likewise called on the entire nation to unite to protect the sovereign rights and jurisdiction of the Philippines in the West Philippine Sea.

The resolution co-authored by Majority Leader Neptali Gonzales II of Mandaluyong City and Minority Leader Danilo Suarez of Quezon cited that in order to protect its sovereign rights and jurisdiction over its maritime entitlements in the West Philippine Sea, the Philippines has no other recourse but to institute compulsory arbitration proceedings against China under Annex VII of UNCLOS.

It stressed the Philippines, in the spirit of good and friendly relations with China, has exhausted almost all available tools through its three-track approach – political, diplomatic, and legal – to peacefully settle the dispute in the West Philippine Sea.

But China declined the earlier invitation by the Philippines to bring the matter peacefully under any of the available dispute settlement mechanisms under Part XV of UNCLOS, it stated.

The resolution said UNCLOS prescribes the maritime entitlements of coastal states as well as their rights, jurisdiction and obligations over these maritime entitlements.

As parties to the UNCLOS, both China and the Philippines have to fulfill in good faith the obligation to exercise the rights, jurisdiction and freedoms recognized under UNCLOS in a manner which would not constitute an abuse of right according to the resolution.

“China violates not only the rights and jurisdictions of the Philippines but also of other coastal states by claiming virtually the entire South China Sea through its nine-dash line claim. China further violates the rights and jurisdictions of the Philippines through its continuous aggressive assertion of its nine-dash line claim in the West Philippine Sea,’ the resolution said.

Earlier, Foreign Affairs Secretary Albert del Rosario said the country has taken the step of bringing China before the Arbitral Tribunal in order to achieve a peaceful and durable solution to the dispute over the West Philippine Sea.

The DFA chief also said Manila is hoping that the arbitration tribunal will direct China to respect the Philippines' sovereign rights and jurisdiction over its EEZ, continental shelf, contiguous zone, and territorial sea over the West Philippine Sea.

Arbitration has been defined both by the 1899 and 1907 Hague conventions as "the settlement of differences between judges of their own choice and on the basis of respect for law."

An arbitration tribunal may be composed of a single arbitrator or a collegiate body. Contracting parties would have to shoulder arbitration costs.

As for the cost  of the proceedings that the Filipino people would have to pay for, Del Rosario said "one can not put a price in the concerted effort of the Filipino people and government in defending our patrimony, territory, national interest and national honor."

He said the arbitration proceedings may last between three and four years. An arbitration, however, would have to be approved by both parties.

China has consistently refused to discuss the territorial row under any arrangement save bilateral negotiations between the Philippines and China.

Zhang Hua, Deputy Chief of Political Section and Spokesperson of the Chinese Embassy, said the "disputes on South China Sea should be settled by parties concerned through negotiations."

"This (settlement of disputes through negotiations) is also the consensus reached by parties concerned in the DOC (The Declaration on the Conduct of Parties in the South China Sea)," Zhang said in a text message sent earlier to PhilStar.com.