Carpio on WPS row: This is a battle of world order

By Rene Acosta @reneacostaBM

RETIRED Supreme Court Senior

Associate Justice Antonio Carpio on Tuesday revisited his proposal to the Marcos administration to bring the maritime case won by the country against China before the United Nations General Assembly (UNGA), likening it to the case of Russia’s war against Ukraine, which was “condemned” by the world body.

Carpio made the recommendation during the ADR Institute Stratbase forum on Wednesday, which also marked the seventh year of the UN Permanent Court of Arbitration’s decision upholding the country’s maritime case against China wherein it denied Beijing’s claims over the West Philippine Sea (WPS) and its occupation of some of its features.

The retired senior magistrate said the award should be brought to the UN where he expects that the world body would assail China’s presence and activities in the WPS, just like what it did against Russia in the case of Ukraine.

“Ukraine went to the UN. China and Russia have veto powers, but the UN condemned Russia,” Carpio said, noting that both Beijing and Moscow are permanent members of the UN Security Council.

He said China employed intimidation in occupying parts of the WPS while Russia used physical force in Ukraine.

“China is using threat and intimidation in WPS while Russia uses force in Ukraine,” the retired Supreme Court senior justice said.

“We have to stop this. This is not only a battle of the Philippines. This is a battle of world order,” he stressed.

According to Carpio, China has not only occupied the Mischief Reef, which is located within the country’s maritime waters, but has also occupied Sandy Cay by surrounding it during the term of former President Rodrigo Duterte in 2017.

He said China’s presence in Sandy Cay, a high tide elevation, could be used by Beijing to justify its occupation of the militarily developed Subi Reef, which is located just 12 nautical miles away from Pagasa Island.

Defend WPS

UNIVERSITY of the Philippines and maritime law expert Jay Batongbacal, for his part, said there is a need to defend the WPS, as it is the maritime gateway to the region and to the whole world.

“In defending the West Philippine Sea, we are essentially defending the world,” he told during the same forum, as he explained the strategic importance of the country and its maritime waters, which is the reason why like-minded states are gravitating towards the country and were hell-bent in keeping the SCS open to international use.

Batongbacal said the country and the WPS are a “key to sea power” and this is also the reason why China is determined to occupy the WPS.

He explained that the country is strategically positioned in the center or at the tip of the three maritime conflicts in Southeast Asia and Indo-Pacific, and one of these conflicts comprised the Paracels, Scarborough Shoal and the WPS.

Explaining further, he said two of these maritime waters—Scarborough and WPS—are located within the country.

The maritime law expert said that once a country controls these maritime waters as what China is obviously trying to do, and then it would control the SCS and the Indo-Pacific region.

Ambassadors from countries that included the US, Australia, France, United Kingdom, the European Union, Japan and India, who spoke during the forum called for rules-based order in the South China Sea and pushed for cooperation.

The military also issued a statement calling the arbitral decision as a “basis for policies and actions in the WPS.” suspend or defer the criminal proceedings against all of the accused, explaining that an appeal before the Department of Justice Secretary does not hold in abeyance the proceeding before the trial court pursuant to National Prosecution Service Rule on Appeal. Kazuo and his partners were accused by Tiger Resort Leisure and Entertainment Inc., the operator of the integrated resort and casino in Entertainment City in Parañaque of qualified theft after allegedly siphoning some P500 million from the casino cage of Okada Manila in 2022. Kazuo Okada and the other accused filed separate motions to suspend the court proceedings for the qualified theft cases and to quash the case.

“ We are one with our neighbors and allies in enforcing a rules-based order so that peace and order, freedom of navigation, trade and commerce, and the gifts of nature will continue to flourish to be enjoyed by all future generations,” Vice Admiral Alberto Carlos, commander of the Armed Forces of the PhilippinesWestern Command (AFP-WESCOM) said.

“The 2016 PCA ruling gave credence and validation to Philippine sovereignty, sovereign rights and entitlements in the West Philippine Sea. As the frontliner in enforcing this ruling, the AFP Western Command remains the dominant force in protecting every inch of the country’s territory and the riches in our exclusive economic zone,” he added.

The Parañaque court denied the motions and decided to proceed with the case, explaining that “there is probable cause for the issuance of warrant of arrest against all the accused...The counter-allegations of the accused, being evidentiary in nature, are best threshed-out in a full-blown trial,” the court order read.

The Kazuo group has operated the $3.3 billion integrated resort and casino for months since its takeover in late May, after Tiger Resort seized back the management in early September.

Okada was already arrested but was subsequently released by local policemen in October in relation to the grave coercion cases lodged against him by the board of Tiger Resort. “I insisted on coming back to the Philippines despite several warnings from my lawyers that I may be detained by the authorities. I want to show to the Filipino people and the world that I am not afraid. I came back to face this grave coercion charge against me and my associates. I have nothing to fear when I know I am standing on the right side of the law. I will not bow down to intimidation, and I will not back off from this legal battle. This fight isn’t over,” Kazuo said.