Malacañang said there is nothing more that can be done regarding the country's victory in The Hague ruling that grants the Philippines sovereignty over disputed parts of the South China Sea, emphasizing that it is already part of international law.
(CAMILLE ANTE / FILE PHOTO / MANILA BULLETIN)
Presidential spokesman Harry Roque made the statement after President Duterte asserted the Philippines' rights over the disputed waters during the 75th United Nations General Assembly (UNGA) on Wednesday (Philippine time).
In an interview with CNN Philippines, Roque said President Duterte has only reiterated his consistent stand that no country can undermine the 2016 Arbitral Award.
"We have never changed our position on the arbitral ruling. I have said it over and over again that there is nothing that can undermine that decision. The President is just being consistent," he told "The Source" Wednesday morning.
"So, the President simply stated a fact that the Arbitral ruling is a part of international law under the ICJ (International Court of Justice) statute. It constitutes a subsidiary source of international law. It is evidence of the customary norm that is applicable to the dispute," he added.
When asked what the government should do to make sure that the Award is not undermined, Roque said there is nothing more that needs to be done.
"We don't have to do anything. It is a legal fact that it forms part of international law. The President only, as I said, stated and established legal fact," he said.
"Nothing else has to be done because precisely nothing that any other country that would like to undermine that award will ever have legal effect. They simply cannot erase that ruling," he added.
This was the first time that President Duterte asserted the country's right over the West Philippine Sea before the UN. According to Roque, the Chief Executive would have done it if he had spoken before the multilateral body earlier.
"It's the first time that the President spoke in the UN General Assembly. So it's the first time that the President was able to say what has been his consistent position all along," he said.
"The President is a lawyer so he knows exactly the effect of that ruling. Nothing any other country would do can ever change the fact that the international community has accepted the fact that there is no legal basis for the historic claims being used by China in its claim for a big part of the South China Sea," he added.
PH-China ties
Roque, meanwhile, reiterated that the dispute in the South China Sea should not be the sum total of the Philippines' bilateral relations with China. He said that the Palace has accepted that the issue will not be resolved any time soon.
"The President continues with his foreign policy initiative. The dispute is not the sum total of our bilateral relations with China," he said.
"We will proceed on all other aspects of our relationship and we would probably accept the fact that there will be no resolution in the near future, as far as the territorial dispute is concerned. But let's proceed on matters we could move forward with such as investment and trade," he added.
Despite this, Roque said that President Duterte raising the issue during the UNGA was a "perfect example" of what the government can do to assert the country's rights in the disputed waters instead of going to war.
"The President has spoken in the UN General Assembly, that's a perfect example of what we can do---have the international community recognize the validity of that ruling as part of international law," he said.
"We can only rely on multilateralism right now. I don't think we can ever rely on unilateral use of force. Not only is it prohibited under international law but we also have limited means by way of that option and that has been stated by the President time and again," he added.
Militarization
According to Roque, China's militarization in the disputed South China Sea will change the fact that the West Philippine Sea is under Philippine sovereignty even if they resort to the use of force.
"In international law, even hostile military acts like military occupation will not change a fact that has been recognized by international law," he said.
"Even if they resort to the use of force which is illegal under international law, even if they forcibly occupy all the disputed territories, that will have no effect as far as international law is concerned because military activities and even military occupation will never have any legal effect as far as title is concerned," he added.
Meanwhile, the Palace official said that the Philippines will not participate in the showdown of world superpowers in the South China Sea.
"Nothing has changed as far as the Philippine policy is concerned. We will not take part in any intramurals between superpowers," Roque said.
"We will advance our interests, and currently, it is our interest to maintain friendly relations with everyone and make no enemies with anyone," he added.
'Finally!'
Meanwhile, Roque thanked retired Supreme Court Associate Justice Antonio Carpio for lauding the President's move to raise the Arbitral Ruling in the UNGA.
"Nagpapasalamat po kami kay Justice Carpio. Sa wakas napuri ang Presidente ni Justice Carpio (We thank Justice Carpio because he finally praised the President)," he said over State-run PTV-4 on Wednesday.
Hours after Duterte spoke at the UNGA, Carpio commended the President for asserting the country's rights over the disputed waters. He, however, expressed hope that Duterte's remarks will be followed by more actions by the government.
"I fervently hope that this is the policy that the Duterte administration will implement across all levels – in the protection of our exclusive economic zone in the West Philippines Sea, in the negotiations for the Code of Conduct (COC), and in gathering the support of the international community for the enforcement of the arbitral award," he said.
Carpio was part of the Philippine legal team that secured the landmark ruling in 2016.