You want 'resibo'? NSA lists receipts why Scarborough Shoal is part of PH territory

The Philippines reiterated on Wednesday, Jan. 31, its sovereignty over Bajo de Masinloc or Scarborough Shoal amid China's repeated claim of the atoll, and listed all the proof why it is part of the Philippine territory.

For starter, Bajo de Masinloc is located at 124 nautical miles west of Luzon mainland and is well within the Philippines' 200 nautical mile exclusive economic zone (EEZ) and continental shelf.

National Security Adviser (NSA) Eduardo Año said the Philippines' claim over Bajo de Masinloc is backed by international law while China's has no legal basis.

"Bajo de Masinloc (Scarborough Shoal) is an integral part of Philippine territory, being part of the Municipality of Masinloc, Zambales," he said.

What China says

On Tuesday, the China Coast Guard (CCG) reportedly said that four Philippine personnel "intruded" in the Scarborough Shoal last Jan. 28. 

The CCG said that its personnel warn the Philippine personnel to leave as the shoal is supposedly part of China's territory, citing their "historic rights" over the area.

However, Año mentioned the 2016 arbitral ruling which stated that the United Nations Convention on the Law of the Sea (UNCLOS) superseded any "historic rights" over the shoal as claimed by China. Both the Philippines and China are signatories to the UNCLOS, which is an international agreement that lays down a comprehensive regime of law and order in the world's oceans and seas.

The same ruling invalidated China's nine-dash line claim (now 10-dash line) in the majority of the South China Sea, and favored the Philippines' claim in what is now known as the West Philippine Sea (WPS). Beijing, however, refused to acknowledge the decision.

"Under international law, the [Philippines] exercises sovereign rights and jurisdiction over Bajo de Masinloc as well as the waters and continental shelf surrounding it. It is an important fishing ground for local fishermen of Zambales, Bataan and Pangasinan," Año stated.

"China’s repeated claims of sovereignty over Bajo de Masinloc [have] no basis in international law or in fact. International law is clear. China cannot, therefore, lawfully exercise sovereignty over it," he stressed. 

Año did not elaborate on the Jan. 28 incident.

It's in the maps

Aside from this, Año said that in early Spanish maps of the Philippines, including the 1734 Pedro Murillo Velarde Map, Bajo de Masinloc has always been part of the Philippine territory. 

"When the Spaniards ceded the [Philippines] to the [United States] under the 1898 Treaty of Paris, Scarborough Reef was included in the census of islands done by the US government," Año shared.

"This was affirmed under the Treaty of Washington of 1900 where Spain ceded all other islands and places to which it had title or claim of title even if not within the lines drawn by the Treaty of Paris," he continued.

Since then, Año said that the Philippines has always exercised jurisdiction over the shoal by setting up light stations and navigational aids, regular visits by the Philippine Coast Guard, law enforcement operations, and geodetic surveys.

Standoff

But in 2012, China effectively took control of Bajo de Masinloc after a tense standoff with the Philippine troops. It has since maintained a constant presence of its warships, coast guard and militia vessels in the feature to reject the entry of Filipino fishermen and authorities.

Just last Jan. 12, several Filipino fishermen were chased by China Coast Guard (CCG) vessels in Bajo de Masinloc and directed to return the sea shells they harvested back into the sea.

In September last year, the CCG had also installed floating barriers at the southern entrance of Scarborough Shoal to prevent Filipino fishermen from entering the shoal. The Philippine Coast Guard removed the barrier not long after its installation was reported publicly.

But since the Philippines exercises sovereign rights over Bajo de Masinloc and its surrounding waters under international law, Año emphasized that "only the Philippines has the authority to exercise maritime law enforcement functions to the exclusion of other countries." 

"No amount of statements or illegal actions by other states can alter these facts," he stressed.