OPINION | Philippines: No need to invoke Mutual Defense Treaty

June 21, 2024 , 07:41 PM

By Manny Mogato

(June 21, 2024) – The United States (US) Navy’s 7th Fleet began this year’s summer patrol in the region as its flagship, USS Blue Ridge, sailed into the calm waters of Manila Bay.

The timing was perfect. It was only a day after a swarm of Chinese Coast Guard rubber boats attacked with machetes and knives, two Philippine Navy rigid-hulled inflatable boats (RHIB) in the West Philippine Sea.

The Philippine Navy’s RHIBs were approaching BRP Sierra Madre, a rusting naval transport stranded in the submerged Ayungin Shoal in the West Philippine Sea, approximately 120 nautical miles from Palawan.

Several members of the Navy’s Special Operations Group, the equivalent of the US Navy SEAL team, were hurt. One lost a finger when the Chinese rubber boat rammed one of the RHIBs.

The military released a video of the June 17 incident, infuriating most Filipinos and demanding a strong response from the government.

Some security analysts and military officials suggested invoking the 1951 Mutual Defense Treaty (MDT), inviting the US military to intervene and defend its oldest ally in the region.

However, the defense department disagreed. The non-kinetic attack on the navy’s RHIBs was not enough to invoke the treaty.

“We’re not yet ready to classify this as an armed attack,” executive secretary Lucas Bersamin said, dismissing the incident as a “misunderstanding or an accident.”

Some lawmakers, including Senate majority leader Francis Tolentino, agreed with the defense department.

However, invoking the MDT, a Cold War relic, does not necessarily mean declaring war.

There are legal processes to go to war, including legislative approval. A political decision has to be made.

Political leaders believed that the MDT should be the last resort. There are many options available on both sides that could deter China from further harassment in the West Philippine Sea.

As early as last October, there had been discussions in the US Congress on how the US military could demonstrate its “ironclad” commitment to the alliance.

The US can provide the Philippines with military, quasi-military, and diplomatic support.

Three senators, including Marco Rubio, had submitted a letter to US Pres. Joe Biden requesting the Pentagon and the State Department to provide “a full list” of options to “support the Philippines and ensure the resupply” of the BRP Sierra Madre.

China has been harassing the resupply mission, shadowing, blocking, ramming, and blasting with water cannons the civilian supply boats delivering food, fresh water, and other supplies.

For instance, the US lawmakers discussed some military options, like sending a rotation of US forces to support Philippine troops on the BRP Sierra Madre and sending US Navy escorts on resupply missions.

The US Navy had done these options when China put up a blockade on a small Taiwanese island years before. US Navy vessels sent patrols, showing the flag to ease tensions.

Some lawmakers had recommended less direct forms of US support, such as providing additional military assistance and training to the Philippines, expanding US force posture in the region, coordinating with other claimants to counter China’s territorial ambitions, and keeping US lines of communication open with Beijing.

Diplomacy and dialogue remain the best option.

Some US lawmakers also caution that a more direct US military role supporting the Philippines could increase the risk of an incident between US and Chinese forces.

In any negotiation with China, the US sitting beside the Philippines would also help ensure a fair and amicable dispute settlement. Dealing with China alone, the Philippines has no leverage.

There are also non-military options, like involving the US Coast Guard (USCG).

In a September 2023 testimony to the House committee on homeland security subcommittee on transportation and maritime Security, the USCG Pacific Area commander said the USCG has an “outstanding relationship” with the Philippine Coast Guard and there were ongoing efforts to help the Philippines “enforce their sovereignty.”

This year, the USCG planned to acquire four new coastal vessels to bolster its capability in the region.

The Philippines and the US are avoiding a confrontation with China, with the executive secretary toning down the rhetoric and taking a more conciliatory approach.

“If China wants to work with us, we can,” Bersamin told a news conference. “We’ll work with China.”

*The views expressed by the columnist do not necessarily reflect that of the media organization.

Privacy Statement

Our Privacy Commitment

TV5 Network Inc. values and respects your privacy. We are committed to safeguarding your personal data in compliance with Republic Act No. 10173 or the Data Privacy Act of 2012 and its implementing rules and regulations.

We have developed a Privacy Policy that adopts and observes appropriate standards for personal data protection. While our Privacy Policy sets out the general principles governing the collection, use, and disclosure of our users’ personal information, our Privacy Commitment seeks to inform you more about TV5’s privacy practices.

Why do we collect your personal information (as applicable)?

We may collect and maintain basic information about you as site user of TV5 sites for the following purposes:

To deliver news and updates on current events, sports, esports and entertainment;
To share livestreams of news and sports events;
To understand our viewers’ needs and preferences;
To meet legal and regulatory requirements; and
To perform other processes or disclosures that are required to comply with pertinent laws, rules, or regulations.

Where do we get your personal information?

There are several ways we collect your personal information.

Information that you personally provided.

Most of the personal information we have are those that you have provided us when you:
- Register to our programs or services;
- Inquired, filed a complaint or requested for our services;
- Took part in our research and surveys; and/or
- Became our Partner, Vendor, Contractor or Supplier.

Information we collect during your engagement with us

We also collect information as you use our products and services, like:
- Viewing our websites;
- Activities that are being tracked by our website cookies;
- Calling our hotline;
- Using our apps, websites, and self-service channels and portals; and/or
- Joining our promos, prize raffles, or rewards and loyalty programs.

Information we collect from other sources

Other means of collection of information may be through:
- Our market research initiatives;
- When you visit and use our websites and mobile application; and
- Subsidiaries, affiliates, and third-party business partners to whom you have given consent to share your information to us.

When do we disclose personal information?

There may be instances when we are required to share the information you provided us. In such cases, we ensure that your personal information will be disclosed on a confidential manner, through secure channels and in compliance with the Data Privacy Act and other privacy laws.

We will never share, rent, or sell your personal information to third parties outside of TV5 except in special cases where you have given consent, and in cases described in our privacy policy.

In some instances, we may be required to disclose your personal information to our agents, subsidiaries, affiliates, business partners and other third-party agencies and service providers as part of our regular business operations and for the provision of our programs and services. This means we might share your information with our service providers, contractors, and professional advisers who help us provide our services.

How we protect your personal information

The integrity, confidentiality, and security of your information is important to us. We have implemented technical, organizational, and physical security measures that are designed to protect your information from unauthorized or fraudulent access, alteration, disclosure, misuse, and other unlawful activities.

We also put in effect the following safeguards:

We keep and protect your information using a secured server behind a firewall, encryption and security controls;
We keep your information only for as long as it is necessary for us to (a) provide the products and services that you avail from us, (b) for our legitimate business purposes, (c) to comply with pertinent laws, and (d) for special cases that will require the exercise or defense of legal claims;
We limit the access to your information only to qualified and authorized personnel who are trained to handle your information with strict confidentiality;
We undergo regular audits and rigorous testing of our infrastructure’s security protocols to ensure your data is always protected;
We promptly notify you and the National Privacy Commission when sensitive personal information that may, under the circumstances, be used to enable identity fraud are reasonably believed to have been acquired by an unauthorized person; and
We let you update your information securely to keep our records accurate.

TV5 will not collect, use, or disclose your personal information for any purpose other than the purpose that you may have given your consent for.

What are your choices?

We make sure that we have your consent to continue to collect, use, and disclose your personal information for the purposes that we have identified. We want you to know that you may object or withdraw your consent and/or edit your consent preferences at any time.

If you wish to have access to the personal information in our custody or if you think that the personal information you provided is incomplete, or otherwise inaccurate, you may get in touch with our Data Protection Officer through the contact details provided below. In some instances, we may request for supporting documents or proof before we effect requested changes.

Data Protection Officer
TV5 Network Inc.
Reliance corner Sheridan Streets
Mandaluyong City
tv5dataprivacy@tv5.com.ph

What happens when there are changes in our Policy?

From time to time, we may update our privacy policy and practices to comply with changes in applicable laws and regulatory requirements, adapt to new technologies and protocols, and align with the best practices of the industry.

You will be provided notices if the changes are significant and, if we are required by law, we will obtain your updated consent.