CARPIO: CHINA IS NOT IN POSSESSION OF WEST PHIL.

SEA

Duterte is still in denial that the Sandy cay was lost to the Chinese

China will go to war against the Philippines if we try to enforce the ruling.

War is never an option

China is not in possession of the West Philippine Sea; china just owns at least 7%

There is no enough food for a billion people that is why the Chinese is now fishing in the west ph sea,
the china is not allowed to fish in the WPS because they will deplete the fishes there.

There is no surplus of resources in the WPS that is why we cannot let the Chinese fish in WPS dahil sa
sinasabing traditional fishing rights,

They are intimidating us with big and huge vessels, building in WPS for us to accept the nine dash line. If
we accept the nine dash line, we will lose 80% of our eez. Duterte said that there are in possession of
the islands and if you are saying that they are now taking over the waters within the nine dash line.
Duterte is respecting china’s possession. Sea boundering

Sagot dito ni carpio ay hindi naging option ang war, there a lot of of non-war option like sea boundering

You don’t have to drive them away, you can send the coast guard there to assert our sovereign rights.
There is now a stand off in vanguard bank between Vietnam and Malaysia when the Chinese brought a
survey ship in the waters of Vietnam and the Vietnam send 4 vessel ship, putting their flag there,
asserting that that is part of their territory.
The reason why the Philippines withdraw in wps is because there is an agreement and the china would
actually would and didn’t keep to the promise. Both countries agreed they will be a mutual withdrawal,
the Americans are the broker, but the Chinese didn’t withdraw that shows Chinese cant be trusted.
When we withdraw, the Chinese didn’t withdraw. There an agreement between duiterte and xi xin ping
that both of them can fish in WPS but it’s a lap sided agreement since the Chinese have big fishing
vessels that can scoop the fishes within 6 months in the reed bank but the Philippines can’t do that. Why
would Duterte agree do that kind of agreement if we will lose everything.

Allowing another country fish in our territories is against the constitution.

ANTONIO T. CARPIO. THE SOUTH CHINA SEA DISPUTE

If the tribunal will allow the nine dash line to stand, well the law of the sea will not apply in the South
China Sea, it cannot be applied in other oceans and seas because other nations will also demand the
same right with China. We cannot create an exception because naval powers will also demand an
exception. Why is china alone being given an entire sea?

ANTONIO CARPIO L THE SOURCE

China will ignore diplomatic protest that was send by the DFA, we know that. What we need is to
escalate our action by filing a case in the UNCLOS orbital tribunal, a higher and ore serious response is to
send our coast guards vessels and navy ships there.

They (AFP Chief of Staff) will additional naval patrols in the west ph. Sea. This is a good sign and the
president should not stop doing that because we have a lot of patrol boat donated by Japan precisely for
the use to monitor the incursions by Chinese militia vessels and we should also use our naval assets to
really monitor because unless we are present their, China will consider that as theirs. We should show
our flag their.

There is no point of starting a shooting war. China knows that if they trigger and a attack a Philippine
vessel of coast guard or navy that will trigger the operation of the mutual defense treaty and US has
repeatedly said that the South Chine Sea is part of the are covered by the mutual defense treaty so
china is very careful in firing in Philippin vessels. We have our back by the US that is why the chinese is
very careful. CHINA KNOWS IF THEY TAKE OUT VRP SIERRA MADRE IN AYUMIN, WE CAN INVOKE MDT.

It is ideal to have a boat or a phillipine vessel in the south china sea stationed. China cannot put up
artificial structures within our EEZ, only the Philippines can do that. We should actually anchor a
Philippine Vessel their because that is how we save Ayumin shoal. Before we beached a vessel in the
Scarborough shoal that is why the Chinese cant touch it, but when the Chinese President visit the
Philippines before, he made a request to withdraw the vessel in honor of him visiting the country and
that is how they take over the Scarborough shoal. We should be worry on the intentions on the 9-dash
line.

CHINA DENIES MILITIA IN WEST PH SEA

Those are militia vessels and the crews are trained and have salaries. They are under the command of
Chinese navy and they are prt of the people’s liberation army and part of the command. They have
radios and can contact their country. There are part of the Chinese military and not just a Chinese fishing
vessel. They do not do actual fishing and just stay there.

The vessels have hulls that can rammed the wooden ships of other countries, satellite radios that can
contact China at any time, and they are huge. That is the implications that it is a militia vessel.

They need 220 vessels because they want to show massive force and show to us that we cannot beat
them. It is part of their intimidation and for other countries to admit the nine-dash line as the national
boundary of china. By their huge air naval bases in the Spratly’s, their huge fishing fleet and he navy and
huge militia vessels.

PH DEPLOYS MORE NAVAL ASSETS TO JULIN FELIPE REEF.

DIPLOMATIC WAYS TO ACT ON THIS

File a case in UNCLOS to put china in the defensive. Right now, we are just talking and china is not
listening. If we are really serious about this the president should call the ambassador of china and berate
him and the head of state do this, if they invaded, if there are encroachments in their territory or
maritime zones. The president just schedule meetings, there is no sense of urgency or concern. The
president of the Philippine is not worried.

The president shoul only allow the DFA to protest, will allow our military to make noise but he will not
do anything. Because president Duterte doesn’t want to incur the ire of Chinese’s president because he
love president xi jinping.

We are made to depend on China for the vaccine at a time when China is encroaching in our territory
and maritime zones and how can we be exerting our utmost effort to defend our national territory and
maritime zones when we are depending on China for the vaccines. Why do we have to source our
vaccines from China?
  ISSUE ON THE VACCINE FROM CHINA AND THE WEST PHILIPPINE SEA DISPUTE

In International diplomacy, in international relations, there are related. You cannot separate the two
and that the hard fact.

CARPIO: PRESENCE OF CHINESE WARSHIPS IN WEST PH SEA A 'THREAT OF WAR,' AGAINST INT'L LAW

Putting artificial structures in inhabitant area is okay and we should do that and will be effective in this
present day like putting a lighthouse, outpost like what Vietnam does. It is part of our right to build
artificial islands. If we will not do that, china will beat us and they will be the one who will put that.

If we want to defend, we can defend because we have ally, we have the mutual defense treaty. We will
send our coast guard there and if the china will attack them, it can trigger the treaty. China knows this.

Duterte doesn’t want to send patrol their because he doesn’t want to invoke the treaty. Since China
knows this, there are now establishing their presence because they know that there will be no more
opportunity for us to invoke the treaty because president Duterte prohibit to send patrol in the area.

If china will be built structures in Scarborough shoal.

Carpio and other people is convincing the president. Chief architect of foreign policy. They cannot file a
case, before the arbitral tribunal without his consent, without his approval. He is the one blocking
anything that could defend the west ph sea because he wants to at peace at china.

Vietnam and Malaysia are strong when it comes to defending their seas and they still have a good
economic relation with China. While, the Philippines is afraid, we are afraid to talk, the president is
silence, because he doesn’t want to go to war, he wants loans and investments from China. But,
Vietnam, Malaysia, and Indonesia prove him wrong, and we just encourage china to grab more territory
from us.

Philippine Coast guards reported that china poachers collecting giant clams in Pag-asa island and they’ve
done that before. They are doing it again because they know that they will not oppose it when it comes
to the president, he will just be quiet. The president is the key because every legal action requires the
approval of the president.

Since China is collecting clams, if we catch them, the coast guard/ the country can arrest them, charge
them in court and they will be fined, the fined will be huge. We have to make difficult for them. But if
your president doesn’t care, they will do it the way they want to do it because they know the boss is
behind them.

This is actually a threat of war, because when they send their ship, they are saying get out, this is our
waters which is against the international law. They violate the international law because they are using
threat of war. They don’t want to commit an act of war because if they do that that means act of war is
an act of hostility, when they fire, we can invoke the treaty so they are using a grey zone so that they
cannot invoke the treaty. But that is also prohibited by the international law, by the UN charter. The UN
charter says you cannot use threat of war or force or use force or threat of force of actual force. You
cannot use a threat of force or an actual force to settle a dispute, you must go to negotiation or
arbitration. So, the China is using s threat of war and we just hold up and there is no chance for us to
invoke the mutual defense treaty because we ran away.

If they ran to our civilian vessels, that is a threat of force. We can bring that out to the UN assembly or
we can go to arbitral tribunal because they cannot drive away our civilian vessels within our EEZ.

Zarah Zambrano were in boat of a fishing vessels to go to ayunin shoal to check the situation of the
fishermen there. They were chase off and runed off by first, one of the militia vessels of China and then
missile warship following them, and that is a violation of the freedom of navigation because that is the
EEZ. If that were really fishing vessels, then that is a violation in the UNCLOS because that is our EEZ and
our fishing vessels cannot be driven away from our EEZ. There are two violation; if it was just a civilian
vessel, it will be a violation of freedom of navigation, if it were fishing vessels, it will be a violation of our
exclusive right to fish.

If an ordinary citizen will file because there are videos and evidences it will not be taken an action by the
UNCLOS. Only members states can bring an action before UNCLOS tribunal. The approval of the
president is very important. That is why the UNCLOS take an action in the tribunal before because the
president of the past administration supported Carpio to file the arbitral case.

China wants to take over the whole South China sea and they will get the our EEZ. They were able to
accelerate their objectives of taking over the south china sea because their people like president
Duterte.

If we don’t act as one and we don’t exert our effort, we will lose 80% or our EEZ in the west Philippine
sea. Everything within the nine-dash line will be belong to China. We will lose our maritime area larger
than our total land area. We are depriving future generations of filipinos, the marine wealth will be lose
to china.
 ‘If you’re bright, why did we lose the West Philippine Sea?’ – Duterte to Carpio, Del Rosario

Panahon daw kasi nila carpio yun kaya if bright sila, bakit nawala natin ang WPS. The abitral was just a
piece of paper which led to nothing.

Nobody in the UN will go to war for us. We have the decision nung hindi sumunod ang China pero we
are already lost dahil ang China ay kumasa nan ang husto. Duterte has the only choice of going to war
and sending his soldiers to hell which he will never do.

CARPIO: It settles the legal issue, “who has the right in the resources of the area?” We need legal clarity.
Without the arbitral award, China will be there and no one can stop them. Other countries can sail in the
WPS without China stopping them because according to the arbitral award, China is does not own the
WPS. The strongest enforcement of the ruling.

ROQUE: Nagbibigay sila ng ebidensiya kung ano talaga ang applicable norm ng international law at dito
sa award na ito, sinasabing ng hukuman na walang basehan ang historical claim to waters, ang itinayong
artificial islands ng China sa EEZ ng bansa ay illegal at tayo lamang ang may karapatang gawin iyon sa
ating EEZ.

May importansiya ang arbitration pero dapat inisip din natin kung magkakaroon ba ng solusyon ang
agawan sa Scarborough shoal (noong panahon before noong nagfile ang bansa ng arbitration sa UN) sa
pamamagitan ng arbitration under the UN converntion.

Carpio: The leverage is the arbitral award. Use the arbitral award, invite the naval powers to sail in the
WPS. Join them in sailing in pursuant to the arbitral award.

ROQUE: kung papanig tayo sa mga amerikano ay magiging unsinkable warship din tayo. Kaya nga ang
tingin ko ay mas receptive (willing to consider or accept new suggestions and ideas) ang china na
magkaroon ng mabuting relasyon sa Pilipinas dahil alam nila na may mga kasunduan sa Pilipinas na may
access ang mga Amerikano sa ating mga territory na gamitin na military facilities.

CARPIO: china is only in possession of 8 geological features in the spratlis and in the Scarborough shoal,
maliit lang yan if you consider the physical space and the territorial sea, less than 7% of the WPS. That is
what they actually posses and control. We should never say that China is in possession and control in
the WPS because factually and legally that is not correct. We are conceding more what is China is
claiming. We are echoing President Duterte but that’s totally incorrect. We can go there anytime we
want in the WPS. The US warships can go there anytime. We have to be very specific when we talk
because t gives impression na hawak ng China ang WPS which is hindi. If pupunta tayo sa scarborough
shoal, they will stop us pero if we go outside there, there ae fishing there but they will not stop us.

ROQUE: walang bansa ang makakapagsabi na sila ang may posseion ng west Philippine sea. Lahat ng
claimnants ay may posseion ng partial ng WPS pero meron din talagang Karapatan ng freedom of high
seas dahil wala naman talagang makakapagsabi na meron man lang silang soverign rights the kabuoan
ng WPS.

ROQUES: Ilegal ang paggamit ng dahas under article 4 ng ating UN charter. In fact ang mga magsisimula
ng paggamit ng dahas ay magiging international criminals, guilty of the crime of aggression. Kaya nga po
ang sinasabi ni Pangulong Duterte na para mapaalis ang China sa mga artificial island na iyan ay talagang
gagamit ka ng dahas pero unang-una, illegal nga po iyan at pangalawa ay wala tayong sapat na military
na kakayahan para mapaalis sila dyan. SO balik pa rin tayo sa diplomasiya, pagkakaibigan sa parte ng
dalawang magkapaitbahay dito po sa asiya.

ROQUE: kahit magsolicit ang gobyerno natin kung wala naming UN force na magpapatupad niyan ay
hindi rin po natin ma[pipilit ang China. SO importante pa rin na daanin sa mabuting usapan at tingin ko,
mas magkakaroon tayo ng tagumpay na sumunod ang China sa arbitral award kung tayo po ay
magkaibigan at hindi magkaaway.

CARPIO: Patrolling in our EEZ is our rights and that is not aggressive, that is not confrontational, and we
are exercising our legal right. Chinese will not declare war on us because we have the mutual defense
treaty. The Chinese is avoiding at all cost to fire on Philippine navy ships because they don’t want the
Philippines to invoke the mutual defense treaty, they don’t want the US to intervene legally in the
dispute. Malaysia, Indonea, Brunei, they enforce their fishing rights, pinagbawalan nila ang Chinese
fishermen, pinapasabog pa nila, sinusunog pa nila ang chinses fishing boat na nahuli nila. Wala naming
giyera, wala naman silang ginegiyera.

ROQUE: Unfortunately, itong award na ito, walang international police, walang international sheriff na
mag-e-enforce, pero maski meron man, ang sasabihin lang ng international police at international
sheriff, “wala kang Karapatan na umangkin ng on a basis of the nine-dash line kasi walang legal na
basehan yang nine-dash line na yan.” Pero, ang katotohanan ay hindi tayo pwedeng pumunta sa police
at sheriff gaya sa domestic law natin para ipatupad ang desisyon ng hukuman. Kinakailangan magrely pa
rin tayo doon sa una, diplomasya, pangalawa, kung talagang may threat to international peace na
tinatawag, pupwede tayong pumunta security council under the chapter 7 of the UN charter para sa
pagbubuo ng UN force para maging international police. Ang problema, iyang UN force nay an ay hindi
mabubuo kung hindi boboto ang China. Bakit naman papaya ang China na bumuo ng UN force laban sa
kaniya. So, impossible po yan. So, ang solution, diplomasiya pa rin.

Ang kompromiso dito mangyayari lamang kung may Mabuti kang relasyon, kung aawayin mo bakit
naman bakit naman makikipagkompromiso ang kahit sino. Human nature po yan bagamat bansa ang
pinag-uusapan, pinapatakbo pa rin sila ng ahente na mga tao rin.

CARPIO: Marami tayong magagawa, we can file an extended continental claim diyan sa south china sea,
katulad sa Benham rise, nagfile tayo walang nag-oppose, nakuha natin. We can also file in the South
China Sea of the coast of Luzon, the only country that can oppose is China, pero ano ang rason ng China,
nainvalidate na yung nine-dash line, wala na silang masasabi, they are too far away.

We can also enter to a convention with the Malaysia, Brunei, Indonesia, and Vietnam, five ASEAN
countries, adopting the ruling that in the Spratly Islands, there is no island that generates an EEZ and
then we invite the US to join the convention, we will invite NGOs to join, private individuals to join the
convention. So, the world will join and maiisolate ang China. We will have everybody in the world joining
us.

Also, we can declare this Spratly as a marine protected area. China now takes the most fish in the South
China Sea. China takes 50% or more of the fish every year in the South China Sea. They are the biggest
beneficiary of the fish in the South China Sea. S, it’s to their benefit to preserve the Spratly as a marine
protected area. So, if you protect, preserve it as a marine protected area, mawawala na yung conflict,
we suspend our territorial claims for 50 years-100 years and allow the Spratly’s as the breeding ground
lang for the fish lang, wala ng military installations.
CARPIO: Exclusive sa atin yan, pero si Duterte pinaygan niya yung mga Chinese fishermen to fish in our
EEZ which is wrong because the constitution says the fish in the EEZ is exclusively for the Filipino citizens
but the outside of the Scarborough shoal, Chinese compete with us. They also fish, bawal dapat yun,
outside of Scarborugh shoal huh, yun ang mali.

ROQUE: Srbitral tribunal said that doon sa Scarborugh shoal, the traditional fishing rights must be
respected. So, it means every fishermen form china, Malaysia, indo, Vietnamese. Lahat tayo nangingisda
ay problema nga lang ay may on-going dispute. SO hanggat maresolve pa talaga ang disputed waret and
territory ng karagatan. Sa undisputed area dyan ay pwedeng mangisda.

ROQUE: sabi ni dating DFA secretry Del rosario na magiging broker daw ang America sa pagitan ng china
at pinas sa scarborough pero bakit broker eh maron tayong mutual defense treaty na kapag nagkaroon
ng dispute dyan ay reresbak sila, pero wala naming nagyari.

Pangalawa, manatili tayo sa scraboriugh shoal hanggang umalis ang china, pero bakit tayo ang unang
umalis. Sa gaanong sitwasyon huwag magtitiwala agad. Sa usapang peace naman, we will aquake china
with the presumption of good faith pero nag-iingat din ang president.

CARPIO: China has a plan since they are ceasing the area in the nine-dash line since then. DInedenggoy
na tayo ng china.

CARPIO: China has a grand plan to make the nine-dash line as its national boundary. Control everything