28th Parliamentary Intelligence -Security Forum – The South China Sea

Justice Francis Jardeleza highlighted the Philippines’ landmark legal victory in the 2016 South China Sea arbitration case, which ruled in favor of the Philippines and declared China’s actions in the West Philippine Sea unlawful. The tribunal found that China had violated Philippine sovereign rights, obstructed Filipino fishermen at Scarborough Shoal, breached UNCLOS obligations through land reclamation, and created maritime security risks. However, the case only sought a declaration of rights and did not pursue monetary damages.

Justice Jardeleza is advocating for a second case to seek financial compensation for damages caused by China. This move is said to be backed by Justice Secretary Crispin Remulla, who has confirmed ongoing discussions about the legal action. The case would build on four key points from the 2016 ruling: China’s interference in Philippine petroleum exploration and fishing, violations of traditional fishing rights, environmental destruction from large-scale reclamation, and illegal obstruction of Philippine vessels.

As both countries are signatories to UNCLOS, the Philippines could file the new case under its legal framework, holding China accountable for its continued violations. Justice Jardeleza believes this approach would not only reaffirm the Philippines’ maritime rights but also demand accountability through financial compensation. He mentioned Secretary Remulla has indicated that a decision on filing the case is expected soon, marking a significant step in asserting Philippine sovereignty and seeking justice for China’s actions in the West Philippine Sea.