Statement of the DFA Spokesperson on the 09 December 2023 Bajo de Masinloc Incident and 10 December 2023 Ayungin Shoal Incident
PASAY 11 December 2023 — The Department of Foreign Affairs is committed to pursue its mandate of protecting and upholding the Philippine legal maritime entitlements in the West Philippine Sea, and is utilizing all forms of diplomatic actions available.
We note that this is the fourth time this year - with the two incidents happening just over the weekend - that water cannons have been used against PH vessels. More alarmingly, this is the third incident where dangerous maneuvers by Chinese vessels have resulted in a collision since the 22 October 2023 RORE mission.
Our Philippine Embassy in Beijing has made a demarche to the Chinese Ministry of Foreign Affairs yesterday. The demarche included in the agenda the incidents in the Bajo de Masinloc last Saturday, and in the Ayungin Shoal yesterday. The Department of Foreign Affairs also lodged a protest through the maritime communication mechanism yesterday, while the RORE mission was underway. The Chinese Ambassador has also been summoned.
Bajo de Masinloc is an integral part of the Philippine territory and over which the Philippines has sovereignty and jurisdiction. China’s actions on 9 December, the dousing of PH vessels using water cannons are serious actions aimed at preventing Philippine authorities from undertaking legitimate activities around the area. These actions violate the Philippines’ sovereignty and jurisdiction and are a threat to peace, good order, and security.
We reiterate that the resupply mission to the BRP Sierra Madre on Ayungin Shoal on 10 December is a legitimate exercise of the PH given that the feature is part of our exclusive economic zone and continental shelf. The Philippines has sovereign rights and jurisdiction over it. As a low-tide elevation, Ayungin Shoal can neither be the subject of a sovereignty claim nor is it capable of appropriation under international law.
China’s purported exercise of maritime law enforcement powers, interference with Philippine rotation and resupply missions, harassment and intimidation of Filipino fisherfolk, or any other activity that infringes upon the Philippines’ sovereignty and jurisdiction in Bajo de Masinloc, and the Philippines’ sovereign rights and jurisdiction in Ayungin Shoal, are violations of international law, particularly the UN Convention on the Law of the Sea.
The Department will not tire of conveying these positions on Bajo de Masinloc and on Ayungin Shoal to the Chinese side, inspired by our steadfast uniformed personnel on the BRP Sierra Madre and the services that are committed to their support and sustenance.
Philippine activities in both features are legitimate and undertaken pursuant to UNCLOS, the constitution of the oceans. Our policies remain anchored on the 2016 Arbitral Award and on our commitments as a state party to UNCLOS. It is regrettable that yesterday, the 10th of December, is also the 41st Anniversary of UNCLOS, and the day was commemorated with such violations of the convention.
Once again, we thank the international community for their continued expression of support to the Philippines and the defense of the rules-based international order.
We will continue to call on China to be a responsible member of the international community and abide by its commitments, desist from undertaking actions that violate Philippine sovereignty, sovereign rights, and jurisdiction in the West Philippine Sea, and undermine the mutual trust and confidence that should underpin bilateral relations. END