Members of the Philippine team are seated at the Peace Palace in The Hague before starting oral arguments on the arbitration case against China’s claims over the West Philippine Sea. Members include former Solicitor General Florin Hilbay, former Senior Associate Justice Antonio Carpio, former Justice Secretary Leila de Lima, former Presidential Adviser on Political Affairs Ronald Llamas, former Speaker Sonny Belmonte Jr., former Executive Secretary Pacquito Ochoa Jr., former Foreign Secretary Albert del Rosario, former Defense Secretary Voltaire Gazmin, former Associate Justice Francis Jardeleza, former Chief Presidential Legal Counsel Benjamin Caguioa, former Deputy Executive Secretary Menardo Guevarra, former Consul General Henry Bensurto and legal counsels led by Paul Reichler of Foley Hoag. (File photo from the Twitter account of Abigail Valte)
MANILA, Philippines — It’s high time for the Philippine government to file another arbitration case against the People’s Republic of China.
It is also time to make China pay for all the irremediable damage it inflicted on Filipinos and in areas within the Philippines’ exclusive economic zone.
These statements came from retired Supreme Court Justice Francis Jardeleza on Friday.
Jardeleza served as solicitor general during former President Benigno Aquino III’s administration and was an agent for the Philippines in the landmark South China Sea arbitration case against China.
READ: File new arbitration case vs China
In a radio interview, Jardeleza said the goal for filing a follow up arbitration case is to make China accountable for all damage it inflicted in parts of the West Philippine Sea, including other areas which the Philippines has jurisdiction over.
In 2016, the arbitral tribunal ruled in favor of the Philippines and invalidated China’s expansive claims in the West Philippine Sea.
Jardeleza, however, noted that the Philippine government initially “had to make a choice” not to charge China because it “wasn’t certain at first” that it would win the case.
“Ang mga eksperto, mga dalubhasa na kinuha ng Pilipinas ay sinasabi nga — ’50/50 ang ang chance nyo na makaangat kayo dyan sa arbitration,'” he recalled.
(The experts consulted by the Philippines said there’s only a 50/50 chance we would win in the arbitration case.)
“So bale, sabi nila, kung malampasan nyo ang jurisdiction, tataas sa 80 percent na mananalo kayo,” he explained.
(They said that if we get past the jurisdiction, the percentage of us winning would increase to 80 percent.)
“So we had to make a decision. Hindi tayo humingi ng danyos,” he said over DZBB.
(We did not ask for payment.)
Retired Associate Justice of the Supreme Court Francis Jardeleza (left) and former Solicitor General Florin Hilbay hold a photocopy of the Hague-based U.N. international arbitration tribunal ruling favoring the Philippines in its case against China on the dispute on South China Sea following a news conference Wednesday, July 13, 2016 in Manila, Philippines. The Permanent Court of Arbitration (PCA) issued its ruling Tuesday in The Hague in response to an arbitration case brought by the Philippines against China regarding the South China Sea, saying that any historic rights to resources that China may have had were wiped out if they are incompatible with exclusive economic zones established under a U.N. treaty. Jardeleza and Hilbay were members of the Philippine team who filed the case against China in The Hague. (File photo from EDWIN BACASMAS)
Jardeleza was asked if the purpose of the follow-up case is to ask for the arbitration panel’s help in making China pay.
The retired justice answered affirmatively.
“Yes, kasi ang first arbitration win natin ay malaking panalo. First, may jurisdiction ang tribunal. Pangalawa, sinabi na ilegal ang ginagawa ng Tsina [at] ilegal ang 9-dash line,” Jardeleza pointed out.
(Yes, because our first arbitration win was a huge victory. First, the tribunal has jurisdiction. Second, they said that China’s actions are illegal and that its 9-dash line claim is also illegal.)
“Ngayon, sinabi na lahat ng reclamation na ginawa ng Tsina ay ilegal. Ang mahalaga doon, hindi lang ilegal, but tinuro mismo ng tribunal na ang may kagagawan ng ilegal reclamation ay ang Tsina mismo – China as a country,” he stressed.
(Now, they said all of China’s reclamation projects are illegal. What’s important is that they declared it not only illegal, but they specifically identified that it was China conducting the illegal reclamation – China as a country.)
Citing today’s paper, Jardeleza said the estimated cost of the damage that China has caused is around P216 billion a year.
Should the Philippines win the second arbitration case, Jardeleza said the government can “execute it” against the assets of the Chinese government.
“Ang mungkahi ko, ang dapat na gawin ay i-execute natin sa assets ng Tsina sa labas ng Pilipinas para hindi magulo at mas malaki,” he said.
(My suggestion is to execute this in China’s assets outside the Philippines so it wouldn’t be too complex and it would be bigger.)
“For example, you go to New York. Maraming assets [doon ang Tsina],” the former Supreme Court justice recommended.
(For example, you go to New York. China has many assets there.)