Phl to protest constant patrols by China ships

MANILA, Philippines - The Philippines is set to file a diplomatic protest against China’s presence and “sovereignty patrols” in the Recto (Reed) Bank, the Department of Foreign Affairs said yesterday.

“We are protesting the conduct of sovereignty patrols by Chinese vessels on Recto Bank. The frequent passage of Chinese vessels in Recto Bank is not an innocent exercise of freedom of navigation but is actually done as part of a pattern of illegitimate sovereignty patrols in the Philippine exclusive economic zone (EEZ),” DFA spokesman Charles Jose said in a press briefing.

China’s unilateral effort, he said, is clearly to change the status quo in the South China Sea.

Jose said the conduct of sovereignty patrols by China is in violation of both the United Nations Convention on the Law of the Sea (UNCLOS) and the Declaration on the Conduct of Parties in the South China Sea (DOC), specifically paragraph five that calls for exercise of self-restraint.

“We would like to reiterate our position that Recto Bank or Reed Bank is not an island, a rock or a low-tide elevation; rather, Reed Bank is a completely submerged bank that is part of the continental margin of Palawan,” he added.

Recto Bank, some 85 nautical miles from the nearest coast of Palawan and about 595 nautical miles from the coast of Hainan, forms part of the 200-nautical mile continental shelf of the Philippine archipelago under UNCLOS.

“In accordance with UNCLOS, the Philippines has exclusive sovereignty rights over Recto Bank. No other state is lawfully entitled to assert sovereignty or sovereign rights over said area,” Jose said.

President Aquino said in a television interview on Sunday that new Chinese vessels had been seen in the West Philippine Sea.

Aquino cited a military report on the presence of the Chinese hydrographic research vessels at the resource-rich Recto Bank.

Jose pointed that there is an “abuse” of the right of freedom of navigation by having constant and overwhelming presence in the Recto Bank.

“There’s a difference when you’re just passing by, you’re just exercising your right of freedom of navigation, but it’s a different thing when you have a constant presence – even though you’re moving but you’re constantly there in your effort to exercise sovereign rights,” he said.

According to Jose, the last sighting of Chinese vessels in the area was early this month.

“This is applicable not only to Recto Bank but the whole South China Sea. We’ll be protesting against the emerging pattern,” he said.

Jose said the Philippines is open to joint development “provided it will be under our terms and under our laws, it will be in compliance with the Philippine Constitution and applicable laws of the Philippines.”

On March 30, the Philippines submitted a nearly 4,000-page memorial detailing its arguments and evidence against China’s nine-dash line and other aspects of Beijing’s expansive and excessive claims in the West Philippine Sea to an arbitral tribunal at The Hague.

In his TV5 interview, President Aquino chided China for its “seasonal” attitude in dealing with the Philippines.

“You know when we talk with China and with all due respect, it seemed seasonal. There is a season when they are belligerent, there is a season when they are friendly; there is charm offensive and there are times when there are none,” Aquino said.

“But they are not stopping. Recently, the AFP (Armed Forces of the Philippines) sent me a report wherein what they call ‘hydrographic ships’ were there, sighted in what we call Recto Bank,” the President said. – With Aurea Calica, Alexis Romero