Locsin mulls inclusion of attack on civilian passenger vessel among PH-US Mutual Defense Treaty ‘triggers’


An armed attack on a Filipino civilian passenger vessel must also trigger the United States' obligations under a mutual defense treaty with the Philippines, Foreign Affairs Secretary Teodoro Locsin Jr. proposed Saturday, April 10.

Foreign Affairs Secretary Teodoro Locsin Jr. (File photo via PNA)

Locsin disclosed plans to pursue such amendment in the "trigger" mechanism of the defense pact between the Philippines and United States following the recent maritime incident in the West Philippine Sea. 

At present, he noted that the US obligation under the MDT could be activated only by an attack on a Philippine "public vessel."

"China should worry more. Trip over the wire it’s WW3. Will work to expand definition of trigger to include civilian passenger craft which is logical. It already includes cyber infrastructure which if monkeyed with is tantamount to an attack on the Metropolitan Philippines," Locsin tweeted Saturday, April 9.

Locsin made the statement after armed Chinese ships reportedly pursued a local vessel carrying a television crew in the West Philippine Sea. 

The alleged intimidation by the Chinese vessels is currently under investigation by Philippine authorities. The Department of Foreign Affairs also said it would raise the matter with China if proven to be true. The public has also been advised to coordinate with authorities any planned visit to the Kalayaan Island Group in the West Philippine Sea.

Under the MDT signed in 1951, the Philippines and the United States committed to come to the aid of the other in case of external armed attack in the Pacific. 

Article V of the treaty stated "an armed attack on either of the Parties is deemed to include an armed attack on the metropolitan territory of either of the Parties, or on the Island territories under its jurisdiction in the Pacific Ocean, its armed forces, public vessels or aircraft in the Pacific."

The United States recently affirmed its commitment to defend the Philippines in case of an armed attack against Filipino vessels in the South China Sea under the MDT.  The latest statement was made after expressing concern over the unlawful presence of Chinese ships in the West Philippine Sea.

According to US State Department spokesman Ned Price, an armed attack against the Philippines armed forces, public vessels, or aircraft in the Pacific, including in the South China Sea, will trigger the US obligations under the MDT.

On Friday, Locsin admitted that a situation involving civilian vessel in the West Philippine Sea "opens a whole new area of interest."

He then made a pitch for the continued talks on the code of conduct in the South China Sea despite the coronavirus threat. He said concerned parties, including China, must "accept restraints" under the code to avoid any untoward incident in the region.

"I’m not being sarcastic. Seriously, what if Filipinos on a pleasure craft, one of many yachts out there, crosses an invisible line drawn by China in Philippine waters? What if they are fired upon or heaven forbid rammed—no, not that; those yachts cost millions of dollars," he said.

"If that happens, expect a strong protest from DFA for hurt of pleasure-seekers if not death. What else can we exact? Would China actually say, They are in our territory. But if one went to HK without a visa would it be right to shoot one? See, a whole new area of interest," he added.

Locsin also commented that it was not yet clear if the television crew was riding a passenger boat or chartered its own vessel. Regardless of the nature of the vessel, the foreign affairs chief maintained that there was no need to chase the local vessel sailing in the West Philippine Sea.

"What’s worrisome is that it seems—please verify—ABS-CBN crew weren’t in a boat they hired (inviting risk) but in a passenger boat. Now that’s a whole other banana; the state is sworn to protect the Philippine public. And you don’t give chase; you use your bullhorn to warn off," he said.