Philippine marine Lieutenant First Class Mike Pelotera shows off his bronze cross medal at the Naval headquarters in Palawan. The decoration was awarded for a five-month mission manning the Philippines’ remote outpost on Second Thomas Shoal in the disputed Spratlys Island.

Manila Times/Malacanang Palace

President Benigno Aquino 3rd said yesterday the Philippines’ filing of a memorial or written argument with the United Nations arbitration court is meant to boost the country’s claim on a part of the disputed West Philippine Sea (South China Sea) and not to provoke China.
It can be recalled that the memorial was filed by the Philippines before the Tribunal of the United Nations Convention on the Law of the Sea (UNCLOS) at The Hague in the Netherlands on Sunday.
The memorial opposes China’s 9-dash line territorial rule, which refers to the demarcation line used by China for its claim to the West Philippine Sea.
During an ambush interview after the Philippine National Police Academy (PNPA) graduation rites in Silang, Cavite, the president explained that the filing of the memorial is the only option to defend the country’s territory and sovereignty.
“…We are not here to challenge China, to provoke them into any action, but I do believe that they should recognise we have the right to defend our own interests,” President Aquino said.
The president quoted the Constitution, Article 2, Section 7 on State Policies which says, “the state shall pursue an independent foreign policy and in its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination”.
He further explained that the filing of the memorial is a peaceful and rules-based approach to address the issue.
“We went through arbitration primarily because that is a means to resolve the dispute
peacefully in conformity with the international law,” President Aquino said.
President Aquino said that it is the only choice the Philippines has to make a firm stand on the Ayungin Shoal which is clearly within the 200-mile EEZ (exclusive economic zone) that is granted by UNCLOS.
He also posed the question that if perhaps the situation were in reverse, would China have acted differently?
“(If) they are the smaller country, they are the less military capable, they have interests, will they willingly just forego their interests here? I don’t think so,” the president said.
Meanwhile, when asked if the Philippines has a strong chance to receive a favourable decision from the ITLOS (International Tribunal for the Law of the Sea), President Aquino said that it is too early to say.
The United States has renewed its support to the Philippines’ move to bring its territorial disputes with China before an international tribunal, calling it a “peaceful means” to resolving maritime row.
Washington’s statement of support issued by the US State Department came after the Philippines submitted on March 30 a 4,000-page document or memorial containing an array of legal evidence and maps that will bolster its case against China.
“The US reaffirms its support for the exercise of peaceful means to resolve maritime disputes without fear of any form of retaliation, including intimidation or coercion,” the State Department statement said.
All countries, it added, “should respect the right of any States Party, including the Republic of the Philippines, to avail themselves of the dispute resolution mechanisms provided for under the Law of the Sea Convention.”
“We hope that this case serves to provide greater legal certainty and compliance with the international law of the sea,” it said.
China claims the South China Sea nearly in its entirety, including areas that are within Manila’s territorial waters that have been renamed West Philippine Sea.
Manila took a bold step on January 2013 when it filed a case against China before a UN-linked international tribunal in a bid to declare Beijing’s sea claims excessive.
A five-man court that was assembled to hear the case ordered the Philippines to submit a memorial on or before March 30 to substantiate its complaint.
The US, a Philippine defence ally, maintains it does not take sides in the disputes but has declared that it is in its national interest to ensure freedom of navigation in the South China Sea and that the disputes are resolved peacefully in accordance with international law, particularly the UN Convention on the Law of the Sea.
Vietnam, Malaysia, Brunei and Taiwan are also claimants to the resource-rich waters, a major trade route where oil and gas deposits have recently been discovered.
It is expected of China to submit a counter memorial under international arbitration procedures.
However, Beijing stated that it will not participate in the legal process.