Malacañang will see first how China will implement its new and controversial coast guard law before making steps to assail its validity before any foreign body.
(OPS / FILE PHOTO / MANILA BULLETIN)
Presidential spokesman Harry Roque made the statement as the new Chinese law allows its coast guard to use "all necessary means" to stop or prevent threats from foreign vessels takes effect.
In his Monday presser, Roque said Southeast Asian countries joining forces is a possibility but that will depend on the decision of the different foreign affairs ministries of each member-country.
"So there is a probability but the decision whether or not actually do so will be dictated by national interest not only of the Philippines but also of the different ASEAN countries," he said.
However, Roque explained that before it can take action, the Philippines first needs to show that the enforcement of the law will in fact violate the rights of an individual. There also has to be an actual case or controversy.
If none, Roque said it is better to wait and see how China will implement its new law.
"When you assail the validity of a law, there has to be someone na (who is a) proper party, ang kanyang karapatan ay nalabag. Wala pa naman pong ganoon (and his rights are violated. Nothing like that has happened so far)," he said.
"Antayin po natin, tignan po natin kung paano mapapatupad 'yan (For now, let's wait and see how they are going to enact that law)," he added.
The Department of Foreign Affairs (DFA) has filed a diplomatic protest against China as a show of concern on this new law.
Code of Conduct
Roque does not think that the code of conduct on the South China Sea that the Association of Southeast Asian Nations (ASEAN) and China have been crafting is already "dead" with the passing of China's controversial legislation as claimed by retired Associate Justice Antonio Carpio
"As to whether or not the Code of Conduct is dead, I don't think so po," he said.
"'Yan naman po ay patuloy na tinatanggap at pinag-uusapan ng mga bansa na merong kanya-kanyang claim sa West Philippine Sea (Many countries are still looking forward and talking about it, especially the countries that have their claim in the West Philippine Sea)," he added.
'Enroll in my class'
Meanwhile, Roque flaunted some of the credentials that make him qualified to discuss international law.
Roque made the statement after Senator Risa Hontiveros accused him of lawyering for China amid the passing of the said controversial law. She also urged him to think twice before making any statement about the issue and international laws since it may affect the country's fishermen.
"As past president of the Asian Society of International Law, siguro alam ko naman po ang international law (I think I know my international law)," he said.
"Labinlimang taon ko po 'yang tinuro, full-time, sa UP. Nagkaroon po ako ng advanced training, internationally (I taught international law as a full-time faculty at the University of the Philippines for 15 years. I also had advanced training, internationally)," he added.
He likewise advised Hontiveros to enroll in his class so she can learn international law in case he decides to return to teaching after his stint in government.
"Hayaan mo (Don't worry), Senator Risa Hontiveros, if you want, I can go back to teaching, you can enroll in my class. Hindi ko lang alam kung ano ang magiging grade mo (I just don't know what grade you're going to get)," he said.
Roque had explained that while China as a sovereign state can enact laws, it has to follow the general international law that prohibits the use of force unless by way of self-defense or when authorized by the UN Security Council.