‘Intentional, not accidental’: SolGen studying legal options vs China

Solicitor General Menardo Guevarra. (File photo / Philippine Daily Inquirer)

MANILA, Philippines— The Office of the Solicitor General (OSG) will recommend to the Department  Foreign Affairs (DFA) to call on China to settle maritime disputes  peacefully and to cease and desist from committing illegal acts within Philippine waters.

According to Solicitor General Menardo Guevarra, initial findings revealed that the latest ramming incident in the West Philippines Sea was  not accidental but “obviously intentional.”

“Based on our initial determination na mukhang intentional yung incident at hindi naman siya accidental only, and besides it seems na habitual ito at hindi naman ito isolated incident lang, we will definitely recommend to the DFA to call on China to respect or to comply with its obligation under international law to settle disputes peaceably and to cease and desist form committing any such further acts,”  Guevarra said in an interview in the Senate.

(Based on our initial determination, it appears that the incident was intentional and not accidental—besides, it seems to be habitual and not just an isolated incident—therefore, we  will definitely recommend to the DFA to call on China to respect or to comply with its obligation under international law to settle disputes peaceably and to cease and desist form committing any such further acts.

Guevarra said the initial  findings  will form part of the study being conducted by  his office on what legal actions the  Philippines  could take against China.

On Sunday,  two Chinese vessels rammed  two Philippine boats on a regular and routine resupply mission to the BRP Sierra Madre on Ayungin (Second Thomas) Shoal in the West Philippine Sea.

“We will include this definitely,” Guevarra said, still referring to  their initial findings.

“But we have not really firmly made up a decision on what legal action to take because we have to study that very carefully. It’s  a very sensitive matter. It’s a very sensitive issue. It takes  a lot of preparation to determine what legal action can be taken,” he added.

The decision on what particular action to take  against China, however, would  still depend on  President Ferdinand “Bongbong” Marcos,  Guevarra said.

The next step, he said,  is to decide where to file a complaint against China, depending on the nature of the  case. 

The complaint may be  lodged before  the International Tribunal on the Law of the Sea,  the  Permanent Court of Arbitration or the International Court of Justice, Guevarra said.

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