PH did not concede West PH Sea claim despite 'exchange information' deal with China: expert | ABS-CBN

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PH did not concede West PH Sea claim despite 'exchange information' deal with China: expert

PH did not concede West PH Sea claim despite 'exchange information' deal with China: expert

Katrina Domingo,

ABS-CBN News

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MANILA — The Philippines did not concede its claim in the West Philippine Sea when it agreed to "exchange information" with China over the conduct of rotation and resupply missions in the Ayungin Shoal, a maritime security expert said on Wednesday.

While the full details of the agreement have yet to be publicized, the Department of Foreign Affairs earlier said that it agreed to "exchange information" with China.

"The DFA has made it clear that they did not agree to such terms na notification or humanitarian only," said Jay Batongbacal, a maritime security expert and lawyer who also heads the University of the Philippines’ Institute for Maritime Affairs and Law of the Seas.

"I don’t think that shows that we have already conceded to any kind of terms, that they were saying we’ve conceded," he said.

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"It doesn’t really change anything. The context of this is de-escalation and likely avoiding violent incidents, some breathing room," he added.

A chunk of information when it comes to deploying maritime assets can be monitored through different technologies so the Philippines did not jeopardize its position in the strategic waters, the maritime expert said.

"There is only so much information you can hide in the first place… Every movement of every vessel is visible with today’s technology," he said.

"An exchange of information will probably not contribute that much to what they can already see," he said.

The "provisional agreement" agreed upon by Manila and Beijing is a sort of "time out" and a "breathing room" to deescalate tensions in the area, Batongbacal said.

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"Sometimes you do need to take a step back and maybe that’s what happened here," he told reporters on the sidelines of a forum in Quezon City.

"For now I think what is important is to prevent any escalation. You take it step by step," he said.

The Philippines can only be considered conceding its claim in the West Philippine Sea if it allows China to board and inspect its ships bound for the BRP Sierra Madre, and if Manila gives prior notice to Beijing before conducting resupply missions, retired Supreme Court Justice Antonio Carpio said.

"There is freedom of navigation in that area. The Chinese also have the right to sail there, we also have a right to sail there. We are talking about maintaining a structure in Ayungin Shoal. That right belongs to the Philippines only because it belongs to our EEZ," he told reporters in a separate interview.

"We don’t have to ask permission from anybody. We do not have to notify anybody but if we announce to the world… we don’t have to specify that date and time," he said.

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Manila, however, has "to guard that we are not conceding anything," Carpio said, noting that some information may "mean implied consent."

When asked how long this “breathing room” between Manila and Beijing could last, Batongbacal said: "The burden of good faith is not on our side, it’s on theirs because they are the ones who have been increasing the pressure, increasing the deployments, engaging in provocative action and moving from non-kinetic to kinetic."


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