This Philippine Air Force release from 2018 shows an NC212i light lift airplane. PAF Facebook page

(UPDATED) The Philippine Department of Foreign Affairs (DFA) sent China a fresh note verbale over the dropping of flares by a People’s Liberation Army Air Force plane on the flight path of a Philippine Air Force aircraft doing routine maritime patrol over Bajo de Masinloc.

Foreign Affairs Secretary Enrique Manalo strongly condemned China’s latest dangerous move on the West Philippine Sea, adding that it does not help reduce tension on the disputed waters.

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"The essential points of all of these statements were the strong condemnation of the incident, and the fact that the Philippine Air Force jet plane posed no threat to the PLA Air Force. These were local flight operations, and they did not violate any sovereignty or jurisdiction. They were within our rights and they entered over our air space. Those were the main points we stressed to China in these statements and also on our note verbale,” he told the House Committee on Appropriations during Tuesday’s deliberations on DFA’s proposed 2025 budget.

“Especially in light of the agreement or the understanding sa UN, we’re trying to calm the waters, incidents like these I think don’t help,” Manalo added.

“What was really upsetting was the use of flares by China. Anyway, we are open to any discussion,” he noted.

National Security Council Assistant Director General Jonathan Malaya told ANC on Tuesday that filing a diplomatic protest expressing the country's "deep concern and alarm" is the "first in a series of actions" that the Philippines will take following the Chinese air force's hostility in the airspace.

Malaya also defended the country's persistence in lodging diplomatic protests after every encounter with China, despite perceptions of futility, saying that not filing a protest could imply that Beijing's actions are acceptable to Manila.

Lawmakers, meanwhile, asked the DFA if it can do more to prevent China’s harassment in the West Philippine Sea.

The DFA chief said they remain open to talking with China and plan to take up the incident in the next bilateral consultation mechanism meeting on the West Philippine Sea.

“Nag-trespass ka na, nag-endanger ka pa ng ating Air Force. Parang sukdulan na itong nangyaring ito. Madali lang mag-condemn eh… Pero walang nangyayari. So ano pa kaya ang pwedeng maisip, in a peaceful manner? Hindi po tayo nagiinstigate ng war… wala na ba tayong ibang maisip kundi diplomatic protest? Ano pa ba ang pwede nating magawa kaya kaugnay dito?” ACT Teachers Party List Representative France Castro asked.

“The Chinese now is using jets to fly over the West Philippine sea. It seems that all the protest being given by the DFA is not being listened to. Is there any more the DFA can do for the Chinese government to actually listen and stop what they are doing?” Manila 6th District Representative Bienvenido Abante Jr. also inquired.

“The protest we make are standard, but it’s not the only thing na pwede naming gawin… Ang policy naman natin here on the South China Sea has always been for willingness to settle any differences or disputes through peaceful means. And that means through negotiation or diplomatic methods in accordance with international law… If China is willing to speak with us on this, we are open to talking with China on these incidents,” Manalo replied.

“We’ve already met with the Chinese yesterday on this incident, from their embassy. This is an issue we will raise again. Mayroon tayong what we call bilateral consultation mechanism on the West Philippine Sea or South China Sea with China. That meets regularly at least every few months. There are also other means of communicating with China, which we will do. Any incident that happens in the South China Sea, which we feel is detrimental to our interest, we, of course will raise it… The note verbale is the first thing we will do. Pero after that, there are other ways. We will have to talk to them and express to them. We have to let our position be known. China also does a response. We have to continue a dialogue with them on these issues,” he added.

The Philippines has also been seeking the support of other countries for a rules-based international order in the West Philippine Sea.

EXPAND PROVISIONAL ARRANGEMENT?

Castro suggested to expand to the entire West Philippine Sea the “provisional arrangement” between the Philippines and China, which covers the resupply mission to Filipino troops stationed at the Ayungin Shoal.

The DFA did not get into the details of the arrangement, but stressed that it is “without prejudice” to the positions of both countries on the West Philippine Sea, and that it is “subject to review”.

“The main point here is there is already an agreement that, our Chinese friends have agreed that there is a RORE, meaning rotation and reprovisioning of essentials. The details of which, of this meeting, I would request for an executive session, kung mamarapatin ng chair, because of the sensitivities of the arrangement,” Foreign Affairs Undersecretary Ma. Theresa Lazaro told the panel.

“The understanding, which is provisional, and therefore it can also be subject to improvement. It particularly concerns ‘yung resupply of the Ayungin Shoal. None of the national positions were affected. In other words, we have maintained the national position of the Philippines,” Manalo added.

PROTECTING AIRSPACE 

The Philippine military on Tuesday said it was capable of protecting the national airspace as Defense Secretary Gilberto Teodoro Jr. deemed that China’s air harassment will be a pattern that is likely to continue. 

The Philippine Air Force (PAF) currently operates 12 FA-50PH light fighter jets and is still assessing the capabilities of more advanced jets for its modernization program.

“With what is happening right now not only in the maritime domain but also in the airspace, with what we have, we are good with it. The capability of the air force, the navy and your Philippine army, we are good with what we have. Even more, we can perform even better,” said Rear Admiral Roy Vincent Trinidad, Philippine Navy spokesperson for the West Philippine Sea. 

“In addressing situations like these…what is more important here is the will to fight and the will to perform our mandate in spite of all these challenges,” he added. . 

Teodoro Jr. said China’s hostility is expected to become a “continuous pattern.”

“Ito ay continuous na struggle for presence and for assertion of sovereign rights in the area so you will have to expect this thing to happen,” he said.

According to Trinidad, the dropping of flares on the Philippine plane was a first. But there were previous instances that PAF flights over the West Philippine Sea were “targeted” by flares coming from bases of the People’s Liberation Army (PLA) of China. 

“Those flares simply flared up the sense of patriotism in every member of the Armed Forces of the Philippines. We will not be deterred by continuing to perform our mandate of security the integrity of the national territory,” he said. 

“Despite the PLA’s efforts to intimidate our maritime patrols, our pilots will continue to take to the skies as they did to demonstrate that our airspace and seas are resolutely safeguarded. We remain steadfast in our mission to protect our territory even in the face of flares of intimidation,” AFP spokesperson Col. Francel Margareth Padilla added. 

WHAT CHINA SAYS 

China defended its operations on Saturday, saying it had "organized naval and air forces to lawfully... (drive) away" the Philippine plane, following "repeated warnings".

"We sternly warn the Philippines to immediately stop its infringement, provocation, distortion and hype," said a statement from the Southern Theater Command of the People's Liberation Army, adding that "China has indisputable sovereignty over Huangyan Island (Bajo De Masinloc/Scarborough Shoal) and adjacent waters".

The incident follows a series of increasingly tense confrontations between Manila and Beijing, which claims most of the South China Sea and seized the shoal after a 2012 standoff with the Philippines.

In June, the Philippine military said one of its sailors lost a thumb in a confrontation off Ayungin Shoal, when the Chinese coastguard also confiscated or destroyed Philippine equipment including guns.

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Beijing has blamed the escalation on Manila and maintains its actions to protect its claims are legal and proportional.

Following the Ayungin Shoal clash, the two countries agreed on a "provisional arrangement" for resupplying Filipino troops based on a decrepit warship grounded atop the reef, and also to increase the number of communication lines to resolve disputes in the waterway.

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Despite last week's incident, the Philippines said Sunday it will continue to patrol its Exclusive Economic Zone, defined by the United Nations Convention on the Law of the Sea as waters beyond a coastal nation's territorial seas over which it has sovereign rights to explore and exploit natural resources.

AFP to continue routine patrols over Bajo de Masinloc despite recent incident from Chinese aircrafts

— With reports from Agence France-Presse; Katrina Domingo, Michael Joe Delizo, and Rowegie Abanto, ABS-CBN News