MANILA, Philippines — Former Supreme Court Associate Justice Antonio Carpio is urging the Philippine government to file a new arbitration case against China to demand damages for the harassment of Filipino fishermen in Panatag (Scarborough) Shoal.
Speaking during a map turnover ceremony at the National Library last week, Carpio emphasized that nearly a decade after the 2016 landmark arbitral win, the Philippines has yet to fully realize the “benefits” of the ruling, particularly regarding fishing rights and resource exploration.
- Common Fishing Ground: Carpio noted that the 2016 award explicitly designated Scarborough Shoal as a common fishing ground for Filipinos, Chinese, and Vietnamese. However, Chinese forces continue to block and harass Philippine vessels, which Carpio describes as a “clear case” for seeking legal damages.
- Quantifying Losses: The proposed case would seek to quantify the economic losses suffered by Filipino fisherfolk who have been prevented from accessing their traditional livelihood in the shoal’s territorial sea.
- Legal Venues: Carpio recommended bringing the case either to the Permanent Court of Arbitration (PCA) or the International Court of Justice (ICJ) in The Hague.
The retired jurist highlighted that while the arbitral award has successfully protected freedom of navigation for the U.S. and its allies—who conduct naval drills in the West Philippine Sea—it has not yet been fully enforced for the Philippines’ own economic interests.
- Recto (Reed) Bank: Carpio expressed frustration over the lack of “political will” to extract natural gas in Recto Bank, which lies within the Philippines’ Exclusive Economic Zone (EEZ).
- Energy Security: With the Malampaya gas field projected to be depleted by 2027, Carpio warned that the country is trailing behind neighbors like Malaysia and Indonesia, who continue to explore their maritime zones despite similar disputes with China.
The push for a new case coincides with the turnover of the 1875 Carta General del Archipielago Filipino. This “forgotten” Spanish-era map, according to Carpio, serves as a powerful historical refutation of China’s “10-dash line” claim, proving that Scarborough Shoal has been recognized as Philippine territory for centuries.