Philippines urged for 2nd arbitration case as China spins dispute narratives

MANILA, Philippines — The Philippine government should jolt China into dialing down its maritime aggression by lodging a new arbitration case against them — a move that former Supreme Court Associate Justice Antonio Carpio said may eventually “bury” Beijing’s claim of historic rights to nearly the entire South China Sea.

While China refuses to honor the 2016 ruling that dismissed its nine-dash line claim, filing a second case would allow the Philippines to demand reparations for Chinese ships’ destruction of Philippine vessels and curb further aggression, Carpio said in an interview with ANC’s "Headstart" on Tuesday, September 17.

“The rule is once the arbitral case is filed, the parties should not aggravate the dispute. And if the [Chinese vessels] continue to ram our vessels, that will be a disrespect to the tribunal, and the tribunal will be hard on China,” the retired Supreme Court justice said.

China commands the world’s largest naval force and could be waiting to simply damage all of the Philippine Coast Guard’s (PCG) vessels in the contested waters “so they will be out of commission,” Carpio said. 

“We are running out of options. If we continue this way, we will run out of our vessels, they will all be rammed,” the retired SC justice added.

The Philippines on Sunday, September 15, pulled out the BRP Teresa Magbanua from its five-month deployment at Escoda Shoal. Authorities said the ship had to return to port due to bad weather and the need to evacuate its sick personnel, dispelling claims that the move had anything to do with the country’s recent talks with China. 

Lack of supplies due to bad weather and Chinese vessels’ routine attempts to block deliveries forced Filipino crew members there to survive on rainwater and rice porridge for three weeks, the PCG said. Four crew members were transported in stretchers on Sunday due to dehydration and stomach ailments. 

PCG Spokersperson Jay Tarriela said the situation was “complicated” by the structural damages the BRP Teresa Magbanua sustained from being deliberately rammed by Chinese Coast Guard vessels on August 31. The incident left a man-sized hole in the vessel.

BRP Teresa Magbanua had been stationed at