Duterte to invoke arbitral ruling in upcoming China trip as “time has come,” Palace says

August 6, 2019

The time has come for President Rodrigo Duterte to invoke the 2016 United Nations arbitral ruling with China, Malacanang said on Tuesday.

In a press briefing, Presidential Spokesperson Salvador Panelo said this would be the purpose of Duterte's visit later this month in China where he would have a "one-on-one" meeting with his Chinese counterpart, President Xi Jinping.

He said he asked Duterte on Monday night at the sidelines of the Cabinet meeting regarding the latter's planned fifth visit to China this month.

"His answer to me, 'That was our agreement with the President of China'. He said, 'Remember that I said before that there will be a time when I will invoke that arbitral ruling? This is the time, that's why I'm going there'," Panelo, quoting Duterte, said.

While Panelo could not give the exact date of the trip to Beijing, he said it would be likely towards the end of August.

Asked why Duterte has finally decided to bring up with Xi the award to the Philippines by the Hague-based Permanent Court of Arbitration, he said, "Because his term is going to end soon."

"He is also interested in that 60-40 joint exploration on minerals, oil. They will discuss it," he added. 

The 60-40 ratio would be in favor of the Philippines, Panelo said.

According to Duterte, during his first meeting with Xi in China in October 2016, the Chinese leader warned him there would be war if the Philippines would insist on the arbitral ruling.

The PCA ruled in favor of the Philippines, invalidating China's sovereign and historic claim in almost the entire South China Sea through the nine-dash line.

But China, which did not participate in the arbitral proceedings, refused to honor the ruling despite being a signatory to the United Nations Convention on the Law of the Sea, which was the basis of the PCA's award to the Philippines.

Panelo said it would be up to Duterte on how he would raise the arbitral ruling with Xi.

He also said the boat sinking incident by a Chinese vessel and endangered the lives of the 22 Filipino fishermen in Recto Bank and other issues related to the territorial dispute were also factored in Duterte's decision to finally bring up the PCA ruling with China.

Meanwhile, former Foreign Affairs Secretary Albert del Rosario hailed Duterte's plan to finally invoke the Hague ruling with Xi during his visit to Beijing this month.

"On his announcement that our President intends to 'invoke' the Hague ruling in his next visit to China, let us salute him and assure him of the support of all Filipinos," he said.

It was during Del Rosario's stint as secretary of the Department of Foreign Affairs that the Philippines filed a petition before the United Nations Arbitral Tribunal, questioning China's nine-dash line. 

The decision came out in July 2016, shortly after Duterte assumed the presidency.

Duterte has decided to shelve the ruling in the meantime and has taken a friendlier stance with China in exchange of loans and other assistance from the East Asian country. Celerina Monte/DMS