Palace says Duterte consistent with his position regarding arbitral award

September 24, 2020

President Rodrigo Duterte has been consistent with his position of upholding the United Nations arbitral ruling favoring the Philippines on its territorial dispute with China in the South China Sea.

Presidential Spokesperson Harry Roque made the statement after Duterte, who for the first time participated in the UN General Assembly, said the Hague-based Permanent Court of Arbitration award on the Philippines, invalidating China's historic and sovereign claim in almost the whole of South China Sea through its nine-dash line, is now part of international law and Manila rejects attempts to undermine the ruling.

"The President is just being consistent. The forum where he addressed, where he delivered his line is a multilateral forum, the United Nations, and it does not involve bilateral ties specifically with China. So, the President simply restated the fact that, the arbitral ruling is a part of international law. Under ICJ (International Court of Justice) Statute, it constitutes a subsidiary resource of international law, it is evidence of the customary norm that is applicable to the dispute," he told CNN Philippines in an interview.

He said since Duterte's participation in the 75th anniversary of UNGA was his first, it was also his first time to speak about the arbitral ruling in such event.

"Perhaps if he had delivered his speech in the UN General Assembly earlier, then he would have said the same thing earlier," Roque said.

But while Duterte brought up the arbitral award before the UN, he said the Philippine policy towards China remains the same.

"If we cannot resolve territorial issues, then we can put it temporarily on hold and we will proceed with matters that we can move forward, specifically trade and investment. It is not the sum total of our bilateral relations with China. But of course, it is important that the President restate a legal fact," he said.

Roque also said that the Philippines will not take part in any "intramurals between super powers," referring to tensions between China and the United States.

"We will advance our interests and currently, these are interest to maintain friendly relations with everyone and make no enemies with anyone. So, we consider all countries as friends and we have no enemies," he said.

Despite China's militarization of the South China Sea, Roque, who is a lawyer by profession, explained that under international law, it is illegal.

"So, even if they resort to use of force, which is illegal under international law, even if they forcibly occupy all the disputed territories that will have no effect as far as international law is concerned because military activities and even military occupation will never have any legal effect as far as title is concerned," he said.

In another television interview, Roque thanked former Supreme Court Senior Associate Justice Antonio Carpio for lauding Duterte's statement before the UNGA regarding the arbitral award.

As to the statement of former Foreign Affairs Secretary Albert del Rosario for the Duterte administration to put in reality the invocation of arbitral award, the spokesman reiterated that there is no police body that could enforce the arbitral ruling.

But he reiterated that the award is part of the international law and China could not do anything to remove such ruling.

"That's the difference before the international law from domestic (law)," Roque added. Celerina Monte/DMS