PROTECTING CORALS | Philippines gathering evidence for a new case against China in the West Philippine Sea

September 20, 2023 , 05:50 PM

(September 20, 2023) – The Philippines’ top lawyer on Wednesday said his office has started building up a case against China before the Permanent Court of Arbitration (PCA) in The Hague to seek compensation for the destruction of the country’s marine ecosystems.

Solicitor-General Menardo Guevarra said his office has started to gather data to study whether the Philippines will file another legal case before the tribunal and seek compensation for the destruction of shoals and reefs from West Philippine Sea issue.

“We shall evaluate the merits of each and every legal option, including the possible filing of a new complaint for damages against China before an international tribunal,” Guevarra said in a statement. “These matters require a lot of prudence and circumspection in view of their potential long-term impact on our national interests.”

The Philippines won its case against China in 2016 questioning its excessive claims on the West Philippine Sea.

Justice Secretary Crispin “Boying” Remulla said he also plans to discuss with Executive Secretary Lucas Bersamin the government’s response to allegations of coral harvesting in the disputed waters, including plans to file cases against the people responsible.

A non-government organization has proposed the Philippines could establish marine protected areas in parts of the Spratly Islands to prevent further destruction of coral reefs in the disputed area in the South China Sea.

Diuvs De Jesus, a marine scientist from Oceana said the country could consider imposing a ban on activities in the marine protected areas such as fishing to deter further threats to the marine environment in the West Philippine Sea.

“If maaari ay suportahan natin ang mga pagtatayo ng mga marine protected areas sa Kalayaan Islands – may mga sumusulong nga na mga areas diyan na i-establish as MPA – so sa ganitong pamamaraan, maiaaalis yung threat,” De Jesus said on radio program ‘Ted Failon and DJ Chacha sa Radyo 5.’

The Kalayaan Island Group that makes up a part of the Spratly Islands is home to around 1,000 square kilometers of coral reefs that serve as shelter to various fishes and aquatic organisms, based on a 2013 primer by the University of the Philippines’ Asian Center and the Institute for Maritime Affairs and Law of the Sea.

Last Monday, the Philippine Coast Guard (PCG) reported heavy environmental destruction in Iroquois Reef and Sabina Shoal, also locally called Rozul Reef and Escoda Shoal, where the military previously sighted swarming of several Chinese militia vessels.

This came after the Western Command of the Armed Forces of the Philippines flagged a massive coral harvesting in Iroquois Reef, believed to have been done by the militia vessels.

The military has said it is coordinating with marine experts to assess the extent of the damages caused by the activity.
De Jesus said it may take a long time for the damaged coral reefs in the area to recover.

“Lung makikita natin yung pictures and videos, parang kinayod na talaga nila yung reef na kumbaga, matagal ‘yung magiging recovery nito,” he said. “Pero pwede naman, kumbaga may mga experiences tayo na mga nasira ng bagyo na nakarecover naman yung coral reef.”

China claims nearly the entire South China Sea, a strategic waterway traversed by $3 trillion worth of seaborne goods every year. Brunei, Malaysia, the Philippines, and Vietnam also have conflicting claims over the waters also believed to be rich in mineral resources.

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