President Ferdinand Marcos Jr reinforced the Philippines’ stance on its territorial waters on November 14, declaring the country’s opposition to China’s definition of “sovereign territory”.

Speaking to the media in Cavite, Marcos responded to Beijing’s recent announcement of baselines around Scarborough Shoal, emphasizing that “nothing has changed” regarding the Philippines’ position on the West Philippine Sea (WPS).

The West Philippine Sea is the official designation used by the Philippine government for parts of the South China Sea that fall within the country’s exclusive economic zone.

“They are saying that we do not agree and that they will continue to protect what they defined as their sovereign territory. Of course, we do not agree with their definition of sovereign territory,” Marcos said.

“So, nothing has changed because our situation remains the same, and our position remains the same,” the president added.

His comments came a day after the Department of Foreign Affairs (DFA) summoned the Chinese ambassador to Manila over China’s maritime claims.

Before this, Marcos defended the two new maritime laws, which he signed into law on November 8, emphasizing their role in clearly defining the country’s maritime boundaries to protect its sovereignty. 

Reacting to China’s objection to the new laws, the president said: “Well, it’s not unexpected, but we have to define it clearly. 

“We’ve been saying that we have to protect our sovereign rights and our sovereignty. So, it serves a purpose to clearly define what those boundaries are, and that’s what we are doing,” Marcos said on the sidelines of Seatrade Cruise Asia 2024 at The Cove, Okada Manila, on November 11.

Last week, Marcos signed two significant maritime laws: the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act. These laws affirm Manila’s authority over its internal waters, territorial sea, and archipelagic waters, as well as the airspace, seabed, and subsoil within these zones.

Under the Philippine Maritime Zones Act, the Philippines formally asserts sovereignty over its exclusive economic zone (EEZ) and continental shelf, extending the maritime areas under Philippine jurisdiction.

The Philippine Archipelagic Sea Lanes Act, meanwhile, designates specific sea lanes that foreign vessels may use while passing through archipelagic waters.

However, China immediately objected to these laws, summoning the Philippine ambassador to Beijing Jaime Florcruz and calling the new laws a “severe violation” of China’s claimed maritime rights. It demanded that the Philippines “stop taking unilateral actions” and urged respect for China’s territorial sovereignty.

In response, the DFA also summoned Chinese Ambassador Huang Xilian on November 13, to formally protest China’s recent decision to establish baselines around Bajo de Masinloc (BDM) or Scarborough Shoal, which the Philippines insists lies within its exclusive economic zone.

“The said baselines infringe upon Philippine sovereignty and contravene international law, particularly the 1982 UN Convention on the Law of the Sea and the 2016 Arbitral Award. The said baselines have no legal basis and are not binding on the Philippines,” said DFA spokesperson Teresita Daza.

On November 12, the National Maritime Council (NMC) reiterated that China’s baselines violate international maritime law, specifically the United Nations Convention on the Law of the Sea (UNCLOS) and the 2016 Arbitral Award, which nullified Beijing’s claims in the South China Sea.

“The establishment of the baselines by China around the shoal is a continuation of its 2012 illegal seizure of the shoal, which the Philippines continues to strongly oppose,” the NMC said in a statement.

According to NMC, straight baselines can only be used if they meet the criteria and conditions outlined in UNCLOS, as the 2016 Arbitral Award explained.

“These conditions are not present in the case of BDM. Thus, the straight baselines established by China around the shoal are without any legal basis or effect,” the NMC said.

“The Philippines strongly objects to the use of these baselines by China and resolutely maintains its right to declare the correct baselines of BDM,” it added.

Senate President Pro Tempore Jinggoy Estrada also voiced his support for stronger actions, urging the government to bring China’s actions before international bodies such as the Permanent Court of Arbitration (PCA) or the United Nations.

“In response to China’s recent efforts to reinforce its claim over the West Philippine Sea by declaring the baselines of its territorial sea around Bajo de Masinloc, the government’s actions should extend beyond merely filing diplomatic protests and summoning Chinese Ambassador Huang Xilian,” Estrada said.

“Let’s disseminate to these international bodies our new maritime law for their reference and let’s formally bring to their attention the recent action of PRC.”

Estrada continued, emphasizing the Philippines’ rightful claim: “Bajo de Masinloc, or Scarborough Shoal, is ours. It is very clear that it belongs to us, and the PCA, in its 2016 decision nullifying China’s claims in the West Philippine Sea, recognizes that Bajo de Masinloc is part of our exclusive economic zone.”

“We have a basis for our claim to Bajo de Masinloc, so we must fight for it,” he added.

Meanwhile, the Armed Forces of the Philippines (AFP) reported that they completed a successful rotation and resupply mission to BRP Sierra Madre at Ayungin Shoal on November 14, without interference from Chinese vessels.

The BRP Sierra Madre, stationed on the submerged reef within the Philippines’ EEZ since 1999, remains a symbol of the country’s sovereignty.

Amidst these tensions, the Philippines reaffirms its position as aligned with UNCLOS principles, asserting its sovereignty over maritime zones in the West Philippine Sea despite China’s expansive claims.

Photo credit: Presidential Communications Office. Philippine President Ferdinand Marcos Jr.