MANILA — China's reported use of military-grade laser against a Philippine patrol boat in the West Philippine Sea doesn't constitute armed attack, a lawyer said Thursday.

But the incident, which left the ship's crew temporarily blinded, can be a "new escalation" in the diplomatic row of the 2 countries, international law professor Romel Bagares said.

"For an armed attack to happen, you have to consider the scale and effects of the action of the party," he told ANC's "Rundown".

"That means the intensity and magnitude of a military action and the effect, which is substantial, which should be considerable loss of lives and damage and I don't think there is a such a case here," he added.

• PH can invoke defense treaty with US on China laser use - Carpio

However, China's deployment of lasers can be considered a violation of Article 2 of the UN Charter, which prohibits the use of force to settle international dispute, Bagares noted.

"For me, although this is not an armed attack technically, but this is a more serious violation of the prohibition on the use of force and we should really take this act before the international community," he said.

Bagares said laser is an "insidious weapon," which according to experts should be prohibited because they cause unnecessary suffering.

"Lasers can damage equipment... aside from causing temporary blindness or permanent blindness," he said.

The laser incident happened on Feb. 6 nearly 20 kilometers from Ayungin (Second Thomas) Shoal in the Spratly Islands, where Philippine marines are stationed in a derelict navy ship grounded to assert Manila's territorial claim in the waters.

The BRP Malapascua was supporting a "rotation and resupply mission" for the marines when the Chinese vessel pointed the laser light at them twice, the Philippine Coast Guard said Monday.

The Chinese boat also issued illegal radio challenges and undertook dangerous maneuvers, which "constituted a threat to Philippine sovereignty and security as a state," the Department of Foreign Affairs said.

• Beijing claims Chinese ship 'did not direct lasers' at PH Coast Guard

It is the latest in a series of maritime incidents between the Philippines and China, which claims sovereignty over almost the entire South China Sea and has ignored an international court ruling that its claims have no legal basis.

Chinese foreign ministry spokesman Wang Wenbin insisted Tuesday that the Chinese Coast Guard personnel had "operated with professionalism and restraint".

It also denied aiming lasers at Philippine sailors.

"We need to highlight the fact that the China Coast Guard ship did not direct lasers at the Philippine crew, and the hand-held equipment does not inflict damage on anything or anyone on the vessel. The Philippine side’s allegation does not reflect the truth," Wang said in a press briefing on Wednesday.

Days before the latest incident, Washington and Manila agreed to resume joint patrols in the sea, and struck a deal to give US troops access to another 4 military bases in the Philippines.

• Philippines expands US access to military bases

— With a report from Agence France-Presse