Former Supreme Court Justice Antonio Carpio called for a unified Philippine narrative on the West Philippine Sea (WPS) issue, emphasizing the importance of basing the country’s territorial claims on historical and legal foundations beyond the 1898 Treaty of Paris.
Speaking at a journalist’s forum hosted by the Philippine Center for Investigative Journalism (PCIJ) on Friday, January 24, Carpio highlighted the weakness of the country’s approach to the territorial dispute and urged the government to clarify its stance in the face of China’s aggressive claims over the entire South China Sea including the West Philippine Sea.
Carpio dismissed Chinese scholars’ assertion, including some Philippine academics, that the Philippine claim is “legally the weakest” because it allegedly rests solely on Presidential Decree 1596, a law issued by then-President Ferdinand Marcos in the late 70’s formally declared the Kalayaan Island Group (KIG) as part of Philippine territory under the administrative jurisdiction of Palawan province.
He stressed that Philippine territory is defined by other treaties beyond the Treaty of Paris, particularly the Treaty of Washington (1900), and the treaty with the United States and Great Britain. These treaties collectively, he asserted, affirm the inclusion of islands belonging to the Philippine archipelago “that lie beyond the boundaries of the Treaty of Paris”.
“The international treaties defining the Philippine territory are binding on all states that have accepted, consented, or failed to object to these three treaties,” Carpio said, referencing the legal principle of uti possidetis juris, which upholds territorial boundaries established through international treaties.
He also pointed to historical maps to bolster the Philippines’ claims, including the 1734 Murillo Velarde map and an 1875 Spanish-era map, both of which depict Scarborough Shoal and parts of the Spratly Islands, including Pag-asa, as part of Philippine territory.
Carpio ridiculed China’s historical claims, including the assertion that a Chinese cartographer built an observatory on Scarborough Shoal centuries ago. “The Chinese have been faking their documents on the South China Sea,” he remarked.
Carpio criticized the Philippine government for its inconsistent approach to the WPS issue. He noted that some officials have propagated the narrative that the Spratlys were discovered by Tomas Cloma in the 1950s, effectively sidelining the Treaty of Washington and other historical evidence.
“We must decide now on what is our narrative. Let us convince our own government,” Carpio urged. He said that while he has discussed this with relevant agencies, the government has been slow in adopting a cohesive stance.
“We cannot fight China if we don’t have a consistent narrative,” Carpio told Filipino journalists.
“The Chinese have not changed their attitude. They want everything, and they affirmed that when they issued their 10-dash map. For China, if they can get it for free, why give it to the Philippines?” he added.
Carpio also warned that the country’s failure to develop a credible self-defense force will result to the country losing the West Philippine Sea. “We have to show the Chinese people that we are not a low-hanging fruit,” he said.
