Counter Claim On The Matter of Jurisdiction of The Philippines in The West Philippine Sea

Counter Claim on the Matter of Jurisdiction of the Philippines in the
West Philippine Sea

Chiara Marie Ruffastella S. Bertillo
10/07/2019
I. Introduction
1. This present paper deals with the long-term strife of Philippines and
China regarding the legal maritime right towards the West Philippine Sea.
This paper shall disprove all claims of China historically and geographically.
2. This Position Paper will elaborate on the following positions.

 China’s non-entitlement of using against the Philippine their historic
right over the waters, seabed, and subsoil within the West Philippine
Sea,
 The Prevalence of the Exclusive Economic Zone over the 9-dash line
demarcation.
 Grave Interference of China in Philippines’ exercise of its sovereign
rights and jurisdiction under the Convention.
 Irreversible damages to the environment cause by Chinese Fishermen
and Sea Workers,
II. West Philippine Sea as part of the Philippine National Territory
3. The promulgation of the 1987 Philippine Constitution provides for Article

1 National Territory which describes the extent of the Philippines Territory.
Article 1: The national territory comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and
aerial domains, including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around, between, and connecting
the islands of the archipelago, regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.
4. The area was officially named by Administrative Order No. 29 was
released by then-President Benigno Aquino III on September 5, 2012.
__________________________________
The Official Gazette, The 1987 Constitution of the Philippines
The law also cites Presidential Decree No. 1599 issued in 1978 during the
presidency of former President Ferdinand Marcos who founded the EEZ of
the Philippines, as well as the Republic Act No. 9522 or the Baselines
Law enacted in 2009 during the administration of the former President
Gloria Macapagal-Arroyo set the basics of the Philippine archipelago.
ADMINISTRATIVE ORDER NO. 29
NAMING THE WEST PHILIPPINE SEA OF THE REPUBLIC OF THE

PHILIPPINES, AND FOR OTHER PURPOSES
WHEREAS, Presidential Decree No. 1599 (1978) established the Exclusive

Economic Zone (EEZ) of the Philippines extending to a distance of two hundred
nautical miles from the baselines of the Philippine archipelago;
WHEREAS, Republic Act No. 9522 (2009), or the Baselines Law, specifically

defined and described the baselines of the Philippine archipelago;
WHEREAS, the Philippines exercises sovereign rights under the principles of

international law, including the 1982 United Nations Convention on the Law of
the Sea (UNCLOS), to explore and exploit, conserve and manage the natural
resources, whether living or non-living, both renewable and non-renewable, of the
sea-bed, including the subsoil and the adjacent waters, and to conduct other
activities for the economic exploitation and exploration of its maritime domain,
such as the production of energy from the water, currents and winds;
WHEREAS, the Philippines exercises sovereign jurisdiction in its EEZ with

regard to the establishment and use of artificial islands, installations and
structures; marine scientific research; protection and preservation of the marine
environment; and other rights and duties provided for in UNCLOS; and
WHEREAS, in the exercise of sovereign jurisdiction, the Philippines has the

inherent power and right to designate its maritime areas with appropriate
nomenclature for purposes of the national mapping system.
NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the
Philippines, by virtue of the powers vested in me by the Constitution and by law,
do hereby order:
Section 1. The maritime areas on the western side of the Philippine archipelago
are hereby named as the West Philippine Sea. These areas include the Luzon Sea
as well as the waters around, within and adjacent to the Kalayaan Island Group
and Bajo De Masinloc, also known as Scarborough Shoal.
Section 2. The naming of the West Philippine Sea is without prejudice to the
determination of the maritime domain over territories which the Republic of the
Philippines has sovereignty and jurisdiction.
Section 2. The naming of the West Philippine Sea is without prejudice to the
determination of the maritime domain over territories which the Republic of the
Philippines has sovereignty and jurisdiction.
Section 3. The National Mapping and Resource Information Authority

(NAMRIA) shall produce and publish charts and maps of the Philippines
reflecting the West Philippine Sea in accordance with this Order.
Section 4. The Philippine Government, through the Department of Foreign

Affairs (DFA) in consultation with NAMRIA and other appropriate government
agencies, shall deposit, at the appropriate time, a copy of this Order enclosing the
official map reflecting the West Philippines Sea with the Secretary-General of the
United Nations and notify accordingly relevant international organizations, such
as the International Hydrographic Organization and the United Nations
Conference on the Standardization of Geographical Names.
Section 5. All departments, subdivisions, agencies and instrumentalities of the

Government are hereby directed to use and employ the name West Philippine Sea
in all communications, messages and public documents, to popularize the use of
such name in the general public, both domestically and internationally.
Section 6. All departments, subdivisions, agencies and instrumentalities of the

Government are enjoined to use the official Philippine maps produced and
published by NAMRIA in accordance with this Order.
For this purpose, the Department of Education (DepEd), the Commission on

Higher Education (CHED), and state universities and colleges (SUCs) are
directed to issue circulars requiring the use of said official Philippine maps in
relevant subjects, researches and instructional materials, such as, among others,
text books, instructional materials, and audio-visual presentations.
Section 7. The NAMRIA shall ensure compliance with this Order, pursuant to
Department of Environment and Natural Resources Administrative Order
(DENR-AO) No. 31 (s. 1988) and other pertinent laws, rules and regulations.
Section 8. The expenditures which may be incurred in the implementation of this

Order shall be funded from the existing annual budget of the concerned agencies,
subject to the usual accounting and auditing rules and regulations.
Section 9. If any provision of this Order is declared invalid or unconstitutional by

competent authority, the other provisions unaffected shall remain valid and
subsisting.
Section 10. All issuances, rules and regulations or parts thereof that are
inconsistent with the provisions of this Order are hereby revoked, amended, or
modified accordingly.
Section 11. This Order shall take effect immediately.
DONE, in the City of Manila, 5th day of September, in the year of Our Lord, Two
Thousand and Twelve.
(Sgd.) BENIGNO S. AQUINO III

President of the Philippines
_____________________________
The Official Gazette, AO 29, September 5, 2012
III. Historical Lies of China
5. China believes that they have undisputable sovereignty over the West
Philippine Sea Islands and the adjacent waters. Wherein, it alleges that
China is first country to discover, name, explore and exploit the resources of
the South China Sea (West Philippine Sea) and the first to exercise
sovereign powers over them.
6. Both the declaration of the Government of People’s Republic of China on

the Territorial Sea of 1958 and the Law of the People Republic of China on
the Territory and the contiguous zone of 1992. All these acts allegedly
affirm China’s territorial sovereignty and relevant maritime rights and
interest in the South China Sea.
7. In efforts to debunk this historic claim of China, it is then discovered that
There is not a single ancient Chinese map, whether made by Chinese or
foreigners, showing that the Spratlys and Scarborough Shoal were ever part
of Chinese territory. In all these ancient Chinese maps, the southernmost
Chinese territory has always been Hainan Island.
8. Historical navigation and fishing by China in the waters of the South

China Sea represented the exercise of high seas freedoms, rather than a
historic right, and that there was no evidence that China had historically
exercised exclusive control over the waters of the South China Sea.
9. China’s claim to historic rights to resources was incompatible with the

detailed allocation of rights and maritime zones in the Convention and
concluded that, to the extent China had historic rights to resources in the
waters of the South China Sea, such rights were extinguished by the entry
into force of the Convention to the extent they were incompatible with the
Convention’s system of maritime zones.
IV. Non-recognition of the 9-dash line

10. Nine-Dash line refers to the undefined, vaguely located, demarcation
line used initially by the Republic of China (1912–1949) and subsequently
the governments of the Republic of China (ROC / Taiwan) and the People's
Republic of China (PRC), for their claims of the major part of the South
China Sea
11. The Philippine government asserts that no nation in the world is

recognizing the validity of China's territorial claims over the majority of the
South China Sea as shown by the recent statements of US senators and
Indonesian President Joko Widodo.
_______________________
United Nations Convention on the Law of the Sea, November 16, 1994
12. The Tribunal itself rejected the 9-dash line demarcation of China and
approves the Exclusive Economic Zone of the Philippines.
V. Breach of the Convention

13. The United Nations Convention on the Law of the Sea or UNCLOS ,
also called the Law of the Sea Convention is the international treaty
resulting from the third United Nations Conference on the Law of the Sea
(UNCLOS III), which took place from 1973 to 1982. The Law of the Sea
Convention sets out the rights and responsibilities of nations in relation to
their use of oceans of the world, promotes principles in the business, nature
and management of natural resources.
14. Both the Philippines and China are parties to the convention, the
Philippines having ratified it on May 8, 1984, and China on June 7, 1996.
The Convention was adopted as a constitution for the oceans, in order to
settle issue relating to the law of the sea” and has been ratified by 168
parties.
15. In the dispute between Philippines and China, International rules must be
voluntarily observed. Countries should defend the purposes and principles of
the UN Charter and other basic norms governing international relations,
respect each other’s independence, sovereignty, territorial integrity and
independent choice of social system and development path.
16. Efforts should be directed toward building a new type of international

relations featuring mutual respect, fairness and justice, and win-win
cooperation and a community with a shared future for mankind. Countries,
whether big or small, strong or weak, rich or poor, are equal members of the
international community and as such, should participate as equals in the
formulation of international rules.
VI. Irreversible Damages in the Territorial Seas
17. In China’s systematic plan to take over the South China Sea, President
Xi Jinping and other Chinese officials have committed crimes within the
jurisdiction of the Court which involve massive, near-permanent and
devastating environmental damage across nations,’’ the two former officials
said in a communication filed with the ICC before the Philippines withdrew
from the Rome Statute on March 17.
______________________
18. The damages incurred from the activities of Chinese fishermen and sea
workers in the extraction of our natural resources, fishing marine animals
and creation of artificial island produces as much damage towards the
environment in the West Philippine Sea.
19. Under Part VII Protection and Preservation of the Marine Environment
Art 194 provides for the extent of measures that the Convention is concerned
with regards to the protection and preservation of the environment from
other stater
Article 194
Measures to prevent, reduce and control pollution of the marine environment
1. States shall take, individually or jointly as appropriate, all measures consistent

with this Convention that are necessary to prevent, reduce and control pollution of
the marine environment from any source, using for this purpose the best
practicable means at their disposal and in accordance with their capabilities, and
they shall endeavour to harmonize their policies in this connection.
2. States shall take all measures necessary to ensure that activities under their
jurisdiction or control are so conducted as not to cause damage by pollution to
other States and their environment, and that pollution arising from incidents or
activities under their jurisdiction or control does not spread beyond the areas
where they exercise sovereign rights in accordance with this Convention.
3. The measures taken pursuant to this Part shall deal with all sources of pollution
of the marine environment. These measures shall include, inter alia, those
designed to minimize to the fullest possible extent:
(a) the release of toxic, harmful or noxious substances, especially

those which are persistent, from land-based sources, from or
through the atmosphere or by dumping;
(b) pollution from vessels, in particular measures for preventing

accidents and dealing with emergencies, ensuring the safety of
operations at sea, preventing intentional and unintentional
discharges, and regulating the design, construction, equipment,
operation and manning of vessels;
(c) pollution from installations and devices used in exploration or
exploitation of the natural resources of the seabed and subsoil, in
particular measures for preventing accidents and dealing with
emergencies, ensuring the safety of operations at sea, and
regulating the design, construction, equipment, operation and
manning of such installations or devices;
(d) pollution from other installations and devices operating in the

marine environment, in particular measures for preventing
accidents and dealing with emergencies, ensuring the safety of
operations at sea, and regulating the design, construction,
equipment, operation and manning of such installations or devices.
4. In taking measures to prevent, reduce or control pollution of the

marine environment, States shall refrain from unjustifiable
interference with activities carried out by other States in the
exercise of their rights and in pursuance of their duties in
conformity with this Convention.
5. The measures taken in accordance with this Part shall include those necessary
to protect and preserve rare or fragile ecosystems as well as the habitat of
depleted, threatened or endangered species and other forms of marine life.
VII. Conclusion
20. It is the view of the Philippines that China has no jurisdiction to rule its
power in the west Philippine Sea.
Firstly, the Historic rights invoke by China is not known and provided with
sufficient evidence to be acknowledge by any tribunal.
Secondly, the 9-dash line in line with their historic right which serves as
demarcation is not to be recognized with the presence of the Exclusive
Economic Zone.
Thirdly, Given that both parties are part of the UNCLOS China must bestow
respect towards the Philippines exclusive sovereignty in their territorial
waters.
Fourthly, Acts of China itself in destroying the marine resources in the West
Philippine Sea is a grave violation against the Convention which promotes
the protection and preservation of the Marine Environment

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Counter Claim on the Matter of Jurisdiction of the Philippines in the

West Philippine Sea

2. This Position Paper will elaborate on the following positions.

II. West Philippine Sea as part of the Philippine National Territory

3. The promulgation of the 1987 Philippine Constitution provides for Article

ADMINISTRATIVE ORDER NO. 29

NAMING THE WEST PHILIPPINE SEA OF THE REPUBLIC OF THE

WHEREAS, Presidential Decree No. 1599 (1978) established the Exclusive

WHEREAS, Republic Act No. 9522 (2009), or the Baselines Law, specifically

WHEREAS, the Philippines exercises sovereign rights under the principles of

WHEREAS, the Philippines exercises sovereign jurisdiction in its EEZ with

WHEREAS, in the exercise of sovereign jurisdiction, the Philippines has the

Section 3. The National Mapping and Resource Information Authority

Section 4. The Philippine Government, through the Department of Foreign

Section 5. All departments, subdivisions, agencies and instrumentalities of the

Section 6. All departments, subdivisions, agencies and instrumentalities of the

For this purpose, the Department of Education (DepEd), the Commission on

Section 8. The expenditures which may be incurred in the implementation of this

Section 9. If any provision of this Order is declared invalid or unconstitutional by

Section 11. This Order shall take effect immediately.

(Sgd.) BENIGNO S. AQUINO III

The Official Gazette, AO 29, September 5, 2012

III. Historical Lies of China

6. Both the declaration of the Government of People’s Republic of China on

8. Historical navigation and fishing by China in the waters of the South

9. China’s claim to historic rights to resources was incompatible with the

IV. Non-recognition of the 9-dash line

11. The Philippine government asserts that no nation in the world is

V. Breach of the Convention

16. Efforts should be directed toward building a new type of international

VI. Irreversible Damages in the Territorial Seas

Measures to prevent, reduce and control pollution of the marine environment

1. States shall take, individually or jointly as appropriate, all measures consistent

(a) the release of toxic, harmful or noxious substances, especially

(b) pollution from vessels, in particular measures for preventing

(d) pollution from other installations and devices operating in the

4. In taking measures to prevent, reduce or control pollution of the

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