A leading maritime law expert from the University of the Philippines (UP) believes that the government’s sudden decision to deploy coast guard vessels to patrol the West Philippine Sea is somehow related to next year’s election.

UP-Institute for Maritime Affairs on Law of the Sea (IMLOS) Director Jay Batongbacal admitted that he was somehow surprised how “radically different” is the government’s current posture as compared to a year or two ago in terms of implementing the 2016 Arbitral Award that rejected China’s excessive nine-dash line claim in the South China Sea.

“I think it has something to do with that (2022 election) because you’ll notice also that suddenly there are many high-level politicians na nagpapakitang gilas (grandstanding) about the West Philippine Sea and China. After five years of silence, they’re so noisy. And it’s pretty clear to me that it’s related to next year,” Batongbacal said during the virtual Tapatan Sa Aristocrat media forum on Monday, July 12, 2021, coinciding with the fifth anniversary of the Arbitral Award ruling of the Permanent Court of Arbitration in The Hague.

He said the government has gotten some improvement at least for this year in terms of implementing the Award and in asserting the country’s rights in the West Philippine Sea.

“The problem for the past five years prior to this year, the Philippine government was not actually asserting these rights, but at least humabol sila ngayong taon (they made something this year). Maybe because malapit na ang election (the election is near), I don’t know why. At least there is some difference now,” the UP maritime law expert said.

In 2016, President Duterte has opted to set aside the Arbitral Award and forged closer ties with China despite the latter's refusal to acknowledge the decision rendered by the United Nations-backed court.

Batongbacal said the Philippines started implementing the Arbitral Award only this year with the deployment of Philippine Coast Guard (PCG) and Bureau of Fisheries and Aquatic Resources (BFAR) vessels in the West Philippine Sea to conduct maritime exercises and patrols, and to encourage Filipino fishermen to fish in the country’s exclusive economize zone without fear of being harassed by Chinese maritime militias and fishermen.

He also noticed “some degree of compliance” on the part of China since some of its dangerous maneuvers against Philippine vessels and fishermen have stopped, except for the constant and overwhelming presence of Chinese maritime militias around the Kalayaan Islands.

“We’ve witnessed a new development, the constant presence of Chinese maritime militia around the Kalayaan Islands. Overall, in a way we have gotten some improvement of our situation,” Batongbasal said.

Batongbacal hopes that the government will continue the radical change it started this year in implementing and exercising its rights in accordance with the 2016 Award.