PH plans to file environmental case vs China in early 2024 -- Sec Remulla


The Philippines plans to file early next year an environmental case against China on the "destruction of marine habitat" at the West Philippine Sea (WPS).

Justice Secretary Jesus Crispin C. Remulla said on Thursday, Oct. 26: "Sana by January or February or at the latest March mai-launch namin yung kaso  (We hope we could file the case by January or February or at the latest March)."

The decision to file a case was reached during Remulla's meeting with Filipino legal experts and government officials on the legal action the Philippine government should take over the "environmental destruction" being committed by China in the WPS.

“We were encouraged to pursue what we think is a good case in behalf not only of the Filipino people but also of the rest of humanity,” Remulla said. 

He pointed out: "Ang tingin namin kasi hinog na hinog na yung panahon na itoy iparating sa buong mundo na malaking kawalan ang nangyayari sa ating lahat sa ginagawa ng China sa ating karagatan at sa karagatan na maaaring pakinabangan ng buong mundo sa pagdating ng panahon (We believe it is ripe for the world to know the loss we are suffering because of what China is doing in our sea, and this action could benefit the entire world).”

“Marami na tayong ebidensya at kakalap pa tayo (We have many evidence and we will continue to find more),” he assured.

Among the pieces of evidence gathered included the documentation and videos made by the Philippine Coast Guard (PCG) on the "environmental destruction" in the WPS, he said.

Remulla met with renowned environmental lawyer Tony Oposa, retired Supreme Court Associate Justice Francis Jardeleza, Department of Transportation Assistant Secretary Julius Yano, and Deputy Chief of Staff Commodore Jay Tariela of the Philippine Coast Guard (PCG).

“The primary focus was the potential Environmental Crimes cases against the People’s Republic of China (PRC), particularly related to the destruction of corals in the WPS,” the DOJ said in a statement.

The DOJ said: “During the discussions, significant evidence was presented, indicating PRC’s adverse impacts, including the destruction of coral reefs and the disruption of marine life in the region. The Philippine government, under the guidance of the DOJ, is actively building its case, with strong evidence already on hand. To further strengthen the case, plans are in motion to dispatch PCG vessels to the WPS. The objective is to meticulously document the environmental damage attributable to the activities of the PRC.”

“Humihingi kami ng advice sa mga legal experts katulad nila kung paano namin bubunuin ang aming pagnanais na maghain ng kaso sa isang international tribunal tungkol sa environmental problems na nangyayari sa atin (We sought advice from legal experts like them on how we can file a case before an international tribunal concerning our environmental problem),” he explained.

He noted that the legal experts are well-versed in international litigation and know the costs in taking legal action.

Meanwhile, Remulla rejected the proposal to call the WPS the "Sea of Asia."

DOJ Undersecretary Jose Dominic F. Clavano IV said "the suggestion to use the term ‘Sea of Asia’ for what is the West Philippine Sea is a strategy aimed at making the forthcoming case relevant to the international community.

"Our ur primary intention behind this suggested term is to engage the international community in a way that transcends territorial disputes," he said. 

He stressed: "This is in no way an indication of the Philippines diluting or weakening its territorial claims or stance. The suggestion is confined only to this case" that would be filed.