STATEMENTS and SPEECHES

STATE OF THE NATION ADDRESS

OF

HIS EXCELLENCY FERDINAND R. MARCOS JR.

PRESIDENT OF THE PHILIPPINES

TO THE CONGRESS OF THE PHILIPPINES

[Delivered at the Session Hall of the House of Representatives, Batasang Pambansa Complex, Quezon City on July 25, 2022]

Vice President Sara Zimmerman Duterte; Former Presidents Joseph Ejercito Estrada, Gloria Macapagal-Arroyo and Rodrigo Roa Duterte; Senate President Juan Miguel Zubiri and the honorable members of the Senate; House Speaker Ferdinand Martin Romualdez and the honorable members of the House of Representatives; Chief Justice Alexander Gesmundo and the honorable Justices of the Supreme Court; the Apostolic Nuncio Most Reverend Charles John Brown and the esteemed members of the diplomatic corps; the honorable members of the Cabinet; our First Lady Louise Araneta Marcos and our children; distinguished guests; ang mga minamahal kong mga kababayan; ladies and gentlemen; magandang hapon po sa inyong lahat.

I come before you today to address you, as it is my duty as President of the Republic.

We live in difficult times brought about by some forces of our own making, but certainly, also by forces that are beyond our control.

But we have, and we will continue to find solutions.

And these are some of them.

In terms of the economy, we will implement a sound fiscal management.

Tax administration reforms will be in place to increase revenue collection.

Expenditure priorities will be realigned, and spending efficiency will be improved to immediately address the economic scarring arising from the effects of COVID-19, and also to prepare for future shocks.

Productivity-enhancing investments will be promoted.

Our country must become an investment destination, capitalizing on the Corporate Recovery and Tax Incentives for Enterprises or the CREATE Law and the economic liberalization laws such as the Public Service Act and the Foreign Investments Act.

Ecozones will be fully supported to bring in strategic industries such as those engaged in high-tech manufacturing, health and medical care, and all emerging technologies.

This is also seen to facilitate economic growth outside of Metro Manila.

Our tax system will be adjusted in order to catch up with the rapid developments of the digital economy, including the imposition of value-added tax on digital service providers.

The initial revenue impact will be around Php 11.7 billion in 2023 alone. 

Tax compliance procedures will be simplified to promote ease of paying taxes.

We will pursue measures to determine possible undervaluation and/or trade misinvoicing of imported goods.

Through information and communications technology, the Bureau of Customs will promote streamlined processes. 

Disbursements for 2022 to 2023 will be maintained at above 20 percent of gross domestic product or Php 4.955 trillion and Php 5.086 trillion, respectively, to ensure continuous implementation of priority programs.

Disbursement will further increase over the medium-term from Php 5.402 trillion or 20.7 percent of our GDP in 2024 to Php 7.712 trillion or 20.6 percent of GDP in 2028.

The Medium-Term Fiscal Strategy of this administration seeks to attain short-term macro-fiscal stability while remaining supportive of the country’s economic recovery and to promote medium-term fiscal sustainability. Furthermore, and more importantly, fiscal policy aims to bring together the National Government’s resources so that these are mobilized and utilized in order to gain the maximum benefit and the high multiplier effects for our economy.

Measurable medium-term macroeconomic and fiscal objectives include the following headline numbers. These are based on forecasts that are consistent with the guiding principles of coherence of strategies, policy discipline and fiscal sustainability.

· 6.5 to 7.5% real gross domestic product (GDP) growth in 2022; 6.5 to 8% real GDP growth annually between 2023 to 2028

· 9% or single-digit poverty rate by 2028

· 3% National Government deficit to GDP ratio by 2028

· Less than 60% National Government debt-to-GDP ratio by 2025

· At least 4,256 USD income (GNI) per capita and the attainment of upper middle- income status by 2024

The aforementioned headline goals summarize the objectives of this Medium-Term Fiscal Strategy (MTFF) being submitted to Congress, for its adoption and concurrence through a Concurrent Resolution by the Senate and House of Representatives.

Once adopted, the MTFF will become an anchor for the annual spending and financing plan of the National Government and Congress when preparing the annual budget and undertaking related appropriation activities. It is therefore a forward-looking document that extends beyond the traditional three-year horizon to reach six (6) years, coinciding with the six-year coverage of the Philippine Development Plan (PDP) 2023 to 2028.

The MTFF also promotes transparency and credible commitment to pursue the indicated socio-macroeconomic goals that optimize the government budget.

Medium-term growth targets and the assumptions regarding key macroeconomic variables underpin the medium-term fiscal plan.  The recent past and the COVID-19 pandemic has beset the macroeconomic environment with challenges and a series of external shocks.  Inflation has accelerated in recent months due largely to significant increases in international prices of oil and other key commodities.

Still, the economic growth momentum remains firm as demonstrated by the strong 2022 first quarter GDP growth at 8.3 percent.  However, the recovery process from the impact of the pandemic is still on-going amid elevated uncertainty in the international economic environment. Revisions in the macro-economic assumptions incorporate these challenges and most recent economic developments, leading to upward adjustments in the following:

·Inflation rate for 2022 to 2023;

·Foreign exchange rate for 2023 to 2025; and

·Goods and services imports growth for 2022

The economy is expected to grow by 6.5 to 7.5 percent this year as we continue to reopen the economy while considering the recent external developments.

In the first quarter alone, GDP saw an increase in household consumption and private investments, along with a robust manufacturing industry, high vaccination rate, improved healthcare capacity, and an upward trend in tourism and employment. This is expected to continue for the rest of the year. This strong economic growth is projected to be sustained and expanded further to 6.5 to 8 percent from 2023 until 2028.

The average inflation for 2022 is projected to range from 4.5 to 5.5 percent, following the uptick in fuel and food prices as a result of the ongoing Russia-Ukraine conflict and the disrupted supply chains.

It is slightly adjusted to 2.5 to 4.5 percent in 2023, and is seen to return to the target range of  2.0 to 4.0 percent by 2024 until 2028.

Dubai crude oil price is expected to settle at 90 to 110 USD per barrel in 2022, 80 to 100 USD per barrel in 2023, and 70 to 90 USD per barrel from 2024 onwards as oil supply is expected to catch up and stabilize over the medium-term.

The Philippine peso is projected to average between 51 to 53 PhP per US dollar in 2022 and 51 to 55 PhP per US dollar from 2023 onwards due to aggressive monetary policy tightening by the US Federal Reserve, market aversion amid the Russia-Ukraine conflict, and again, increased global oil prices.

Lastly, exports of goods are expected to grow by 7 percent in 2022, and 6 percent from 2023 to 2028.

On the other hand, imports of goods are projected to grow by 18 percent in 2022, 6 percent in 2023, and 8 percent from 2024 to 2028.

I have instructed the NEDA to coordinate with other agencies and work on the Philippine Development Plan for 2023 to 2028 and to submit to me the complete blueprint and progress of its implementation not later than year-end.

One of the main drivers of our push for growth and employment will be in the agricultural sector.

With regard to food supply, we are confronted by a two-pronged problem:  that which will hit us in the short term and that which will hit us in the long term.

Tayo ay nahaharap sa mga problemang kagyat nating mararamdaman, at mga hamong pang-matagalan.

Ang mga suliraning agarang mararamdaman ng ating mga kababayan ay ang posibilidad ng tuloy-tuloy na pagsipa ng presyo ng pagkain at kakulangan sa suplay ng ating pagkain.

Upang masuportahan ang mga mamimili para mapanatili ang kanilang purchasing power o kapangyarihan sa pagbili, isinapinal ng Department of Agriculture ang planong taasan ang produksyon sa susunod na panahon ng pagtatanim o planting season, sa pamamagitan ng tulong pinansiyal at teknikal.

Magbibigay tayo ng pautang, habang mas ilalapit natin sa sektor ng agrikultura ang hindi gaanong mahal na farm inputs na bibilhin na ng bulto ng gobyerno.

Kabilang dito ang abono, pestisidyo, mga punla, feeds, fuel subsidy at ayuda para sa mga karapat-dapat na benipisyaryo.

Para sa pang-matagalang solusyon:  itataas natin ang produksyon ng mga kalakal at produktong pang-agrikultura.  At para magawa ito, pagtitibayin natin ang tinatawag na value chain na nagsisimula sa mga magsasaka hanggang sa mga  namimili.

May mga bahagi ng value chain na sa ngayon ay kanya-kanya ang operasyon.  Pagtibayin natin ang koordinasyon ng iba’t ibang bahagi nito.

Ang pagsasaliksik para sa mga makabagong paraan ng pagtatanim at pag-aalaga ng hayop ay masusing gagabayan ng Department of Agriculture.

Ang produksyon ng farm inputs o mga kakailanganin ng mga magsasaka sa pagpapalago ng kanilang sakahan ay ating i-aayon sa mga hamong dala ng climate change at global warming.

Mahigpit na pagsusuri ang gagawin ng ating mga eksperto tungo dito. Ang mga pautang at financial assistance sa mga magbubukid at mangingisda ay magiging institusyon at patakaran ng aking administrasyon. 

Ipaprayoridad natin ang modernisasyon ng mga sakahan sa pamamagitan ng mga makabagong teknolohiya para sa ating mga magsasaka. Ating palalawakin ang mga palaisdaan, babuyan  at manukan. Lahat ng ito, gagamitan ng siyensya para tumaas ang produksyong agrikultural. 

Maging ang post-production at processing ay susuportahan ng pamahalaan.

Gagawa tayo ng national network ng farm-to-market roads upang mas mabilis na mailakbay ng mga magsasaka ang kanilang mga produkto sa mga pamilihan.

At gagawa tayo ng mga paraan upang maramdaman ng mga mamimili ang pagluluwag ng presyo ng mga  produktong pagkain sa kayang halaga, gaya ng muling pagbubuhay ng mga Kadiwa Centers.

Hindi ito magagawa sa isang araw, hindi magagawa sa isang buwan, o isang taon lamang.

Ngunit kailangan na natin simulan NGAYON. 

Ang agrarian reform program ay dapat magpatuloy.

Agrarian reform is not only about acquisition, but also about support services and distribution.

To assist this, I intend to issue an executive order to impose a one-year moratorium on the payment of land amortization and interest payments. 

This is included in Republic Act No. 11469 or the Bayanihan to Heal as One Act.

A moratorium will give the farmers the ability to channel their resources in developing their farms, maximizing their capacity to produce, and propel the growth of our economy.  

The civil society organizations also support this because it will unburden the farmers of their dues and be able to focus on improving farm productivity.

Congress must also pass a law that will emancipate the agrarian reform beneficiaries from the agrarian reform debt burden, thereby amending Section 26 of Republic Act 6657.

IN THIS LAW, THE LOANS OF AGRARIAN REFORM BENEFICIARIES WITH UNPAID AMORTIZATION AND INTEREST SHALL BE CONDONED. 

Layunin ng batas na ito ay burahin ang hindi mabayarang utang ng ating mga magsasaka na benipisyaryo ng agrarian reform.

Agrarian reform beneficiaries who are still to receive their awarded land under the comprehensive agrarian reform program shall receive it without any obligation to pay any amortization. 

The condonation of the existing agrarian reform loan will cover the amount of 58.125 billion pesos benefiting 654,000 agrarian reform beneficiaries and involving a total of 1.18 million hectares of awarded lands. 

Executive Order No. 75, Series of 2019 requires that all government agencies, bureaus, departments and instrumentalities to turn over agricultural lands to qualified agrarian reform beneficiaries.

At present we have a total of 52,000 hectares of unused agricultural lands of the government which shall now be used for distribution to the following sectors in accordance with Section 40 of the Republic Act No. 6657, as amended, thus:

•Landless war veterans

•Landless surviving spouse and orphans of war veterans

•Landless retirees of the Armed Forces of the Philippines and the Philippine National Police

Agricultural lands acquired under this program will be given to graduates of college degrees in agriculture who are landless.  

The call of the times is for the infusion of fresh and new blood in the agricultural sector.  We need a new breed of farmers equipped with modern agricultural technology able to engage in sustained scientific farming that will not only increase farm yields, but also resilience in the face of climate change. 

They say that each brand has a story.  As for the Filipino brand, ours is deeply rooted in our rich cultural heritage and the tourism sector plays an invaluable role in the promotion of the Filipino brand.

Tourism is not only an important economic development tool but the abundance of opportunities that the sector creates in terms of regular employment and even job creation at the grassroots level is undeniable.

To boost our tourism industry, we will first and foremost make basic developments such as road improvements for easier access to tourism spots. We will also upgrade our airports and create more international airports  to help decongest the bottleneck in the Manila Airport.

We will also make it more convenient for travelers  to go around the country, even to remote areas to help promote undiscovered tourist spots. This program will be led by the Department of Tourism, together with the Department of Public Works and Highways. 

To foster the Filipino brand is to spark our sense of pride and reaffirm our strong sense of identity.  It is time to welcome the rest of the world with an enhanced Filipino brand that is unique, attractive, and creative.

The creativity of the Filipino is truly world-class. We excel in arts and culture, new media, live events — avenues which generate primary and downstream jobs for our creative and talented countrymen. Unfortunately, ang mga hanapbuhay na ito ang unang pinadapa ng pandemya at ang pinakahuli namang makakabalik sa normal.

The creative industry likewise faces many challenges including workplace conditions, working hours, intellectual property rights, and the welfare of our beloved freelancers who were left vulnerable during the height of the pandemic.

We require an institutionalized creative industry that will advance the interests of its stakeholders — sila na nagbibigay ng kaluluwa at [pagkakilanlan] sa ating pagka-Pilipino.  Protektahan natin sila. 

The Department of Social Welfare and Development has a large part to play in all of this.

Magpapatuloy ang ating pagkalinga sa ating mga kababayan na lubos na nangangailangan.

Hindi po natin sila pababayaan.

Mangunguna sa pag-aagapay sa kanila ang Department of Social Welfare and Development.

Utos ko sa DSWD ang mabilis na pagtugon sa pangangailangan ng mga biktima ng kalamidad at mga iba’t ibang krisis.

Ang mga field office nila ay inatasan na maagang maglagak ng family food packs at non-food essentials sa mga LGU, bago pa man manalasa ang anumang kalamidad.

Magdadagdag tayo ng mga operations center, warehouse at imbakan ng relief goods, lalo na sa mga malalayong lugar na mahirap marating.

Titiyakin natin na maayos ang koordinasyon ng DSWD at Department of Human Settlements and Urban Development ng sa ganun, madali ang pagpapatupad ng Emergency Shelter Assistance program para sa mga biktima ng kahit anong kalamidad. 

Pagtitibayin pa natin ang komprehensibong programang ‘Assistance to Individuals in Crisis Situations’ o ang ating tinatawag na AICS, para maiparating ang tulong sa mas maraming biktima. 

Hindi natin papahirapan ang mga biktima ng krisis na dudulog sa ahensiya — gagawin nating simple ang proseso ng paghingi at pagpaparating ng tulong.   Dahil hindi naman dapat dinadagdagan pa ang hirap na nararanasan ng ating mga mamamayan.

Upang matiyak na mapupunta sa kwalipikadong mga pamilya ang tulong ng pamahalaan sa pamamagitan ng 4Ps o Pantawid Pamilyang Pilipino Program, titiyakin natin na malilinis ang listahan ng benipisyaryo. 

Higit na sa isang milyong pangalan na ang naka-graduate na sa listahan. At nagagalak akong mabatid na sila ay nakakatayo na sa kanilang sariling paa.

Kaugnay nito ay inutusan ko ang DSWD na pag-ibayuhin pa ang pag-repaso ng listahan upang maitutok ang pamimigay ng sapat na ayuda sa mga lubos na nangangailangang pamilya.

Magpapatuloy ang supplemental feeding program para sa mga bata sa Child Development Centers at Supervised Neighborhood Play, at lalo pa nating palalawakin sa taong 2023. 

Hindi rin natin nakakalimutan ang mga solo parents at mga nanay na nahiwalay sa kanilang mga mister dahil sa karahasan.

Pagtitibayin natin ang programa sa Violence Against Women and Their Children, kabilang na ang counselling para sa mga biktima, katuwang ang ating mga LGU.

Tiyakin natin na sapat ang pondo sa halos pitumpong residential care centers at pitong non-residential care centers para sa vulnerable sectors at persons with disabilities na sumisilong dito.

Sa ating sitwasyon ng pangkalusugan, nariyan pa rin ang banta ng COVID-19, lalo’t may mga nadidiskubreng bagong variants ng coronavirus. Pero hindi na natin kakayanin ang isa pang lockdown. Wala na tayong gagawing lockdown.  

Dapat nating balansehin nang maayos ang kalusugan at kapakanan ng ating mga mamamayan sa isang banda, at ang ekonomiya naman sa kabilang banda.

Nakikipagtulungan ang iba’t ibang ahensya ng pamahalaan sa pag-monitor sa mga COVID-19 hospital admission upang makatiyak tayo na may sapat na kapasidad ang ating health care system, at maiwasan ang pagsipa ng bilang ng nagkakasakit.

Patuloy din ang ating vaccine booster rollout para sa ating pangkalahatang depensa. 

Sa ganitong paraan, kahit pa tumaas muli ang bilang ng mga COVID cases, mananatiling mababa ang bilang ng mga maospital at bilang ng mga namamatay.

Sa pamamagitan nito, unti-unti rin tayong masasanay na nariyan ang virus pero hindi na seryoso ang banta sa ating buhay.

I-aayon natin ang ating mga health protocols sa kung ano ang ating pangangailangan sa paglipas ng panahon at lalo pang iibayuhin ang kooperasyon kasama ang pribadong sektor upang tumaas pa ang kumpyansa ng mga mamumuhunan, nang sa gayon ay bumalik na tayo sa “full capacity” lalong-lalo na ang ating mga negosyo. 

Pagbubutihin pa natin ang pagpapakalat ng tamang impormasyon ukol sa COVID, kasama ang kahalagahan ng bakuna.

Mananatili muna sa ngayon ang ating Alert Level System natin.  Pinapag-aralan natin ang ibang paraan ng klasipikasyon upang mas babagay sa kasalukuyang sitwasyon lalong-lalo na sa pagbabago ng Covid.

Sa pakikipagtulungan ng Kongreso, itatatag natin ang ating sariling Center for Disease Control and Prevention at ang isang vaccine institute.  

Magtatayo tayo ng dagdag na mga health center at ospital.

Beyond the issues that the pandemic has brought, the need for a stronger health care system is self-evident. We must bring medical services to the people and not wait for them to come to our hospitals and health care centers.  

Napakinabangan natin nang husto ang malalaking specialty hospitals gaya ng Heart Center, Lung Center, Children’s Hospital at National Kidney and Transplant Institute. Kaya maliwanag na na hindi lang dapat dito sa National Capital Region, kundi maging sa ibang parte ng bansa…   Maliwanag na hindi lamang dapat dito lamang sa National Capital Region kundi maging sa ibang parte ng bansa kailangan magdagdag ng ganitong uri ng mga pagamutan.  

Bukod dito, upang mailapit natin ang health care system sa taumbayan nang hindi sila kailangang pumunta sa sentro ng kanilang bayan, lalawigan o region, ay maglalagay tayo ng mga clinic, mga RHU na pupuntahan ng mga doktor, nurse, midwife, medtech, isang beses, dalawang beses sa isang linggo — nang sa gayon, magiging mas madali sa may karamdaman na magpapagamot nang hindi na kailangang magbiyahe nang malayo.  

One of the cornerstones of a strong healthcare system is the provision of competent and efficient medical professionals. We will exert all efforts to improve the welfare of our doctors, our nurses, and other medical frontliners.  

Dapat din tayong magkaroon ng sapat na suplay ng gamot na kinakailangan sa pang-araw-araw ng ating mga mamamayan.

Sinimulan ko na ang pakikipag-usap sa mga kumpanya ng gamot dito sa Pilipinas at sa ibang bansa.  Hinihikayat natin na buksan nila ang merkado upang bumaba ang presyo ng gamot.  

Halimbawa, kung mas marami ang mas murang generic o hindi branded na gamot sa merkado, mas bababa rin ang presyo dahil sa kumpetisyon. 

Ang Department of Trade and Industry ay nakikipag-usap sa mga interesadong manufacturer ng generic drugs na papasok sa ating bansa.  

Inuutusan ko naman ang Philippine Competition Commission na pantay-pantay dapat at walang kartel sa hanay ng mga pharmaceutical companies. Dahil kapag bukas ang merkado, bababa ang presyo ng gamot para mapakinabangan ng ating mga mamamayan.

This is one of the hard lessons that we learned when the pandemic struck, and therefore, we must act on that shortcoming.  

In the educational sector, I believe it is time for our children to return to full face-to-face classes once again.  

The Department of Education, led by our highly able Vice President Sara Duterte,   is now preparing for its implementation in the upcoming school year, with utmost consideration for the safety of students, as we are still in the middle of the COVID-19 pandemic.

We must ensure that our classrooms are safe for teachers, for students, and the entire academic community when they return to face-to-face classes.

We continue to encourage everyone to get their booster shots in preparation for the resumption of in-person classes.  

This is one of the reasons I have directed the Department of Health (DOH) and the Department of the Interior and Local Government (DILG) to undertake another rollout of booster shots.  

The condition and availability of school rooms for our students must also be addressed, again, in coordination with the Department of Public Works and Highways.

Though some complications have arisen over the question of repair of school buildings in relation to the Mandanas-Garcia ruling, this will be ironed out.

We have been in discussion with local government leaders, Governors and Mayors, in the last few weeks to determine, with the LGUs, what is actually practicable, what functions belong to the LGUs and what belong to the National Government.

There have also been lengthy discussions on the continuation and viability of the K to 12 school system. We are giving this a careful review, and all necessary inputs and points of view are now being considered.

In the longer term, we are instituting a program of refresher courses and re-trainings for our teachers so they can stay abreast of the rapid growth in technology, especially in this post-pandemic world.  

As for the ‘horror’ stories that we have heard about  the poor quality of educational materials and supplies that are being given to our schools — this must end!  

Our children must always be equipped with the best that we can provide.

Ang edukasyon ay ang tangi nating pamana sa ating mga anak na hindi mawawaldas. Kaya anumang gastusin sa kanilang pag-aaral ay hindi tayo nagtitipid.  Hindi rin tayo nagtatapon.

And once again, I am not talking about history, or what is being taught. I am talking about materials that are necessary for effective teaching in this day and age.

Children now need connectivity to the internet; they need devices to use;  they need computers, educational tools   so that they might participate fully in the digital community here and abroad.

We must do better in the international rankings especially when it comes to the so-called STEM subjects:  Science, Technology, Engineering and Mathematics.

These skills and this knowledge are necessary for our young people to be able to compete in a highly technological and competitive world.

The raw talent is there in our young people.  It is up to our educational system to develop and to refine that great pool of talent.   

Foreign employers have always favored Filipino employees because of our command of the English language.  This is an advantage that we must continue to enjoy.

The internet has now become the global marketplace.  Not only for goods services but also for ideas, even extending to our own personal interactions.

The language of the internet  — for better or for worse — is English.

Therefore, the question of our medium of instruction must be continuously re-examined to maintain that advantage that we have established as an English-speaking people. 

On a related subject, we are entering an age of exponential adoption of technology.  It is the Fourth Industrial Revolution.

This will be characterized by the infusion of technology into almost every facet of our daily lives.  Breakthrough technologies in the areas of quantum computing, artificial intelligence, nano technologies, the internet of things, robotics, self-driving electric vehicles, 3D printing, Virtual and Augmented Reality, among others that will radically transform the way business is done.

The scale and the speed at which these innovations are introduced universally into our everyday lives and activities is unprecedented in our recorded history.

We cannot stand idly by.

The mission of our Department of Information and Communications Technology is to identify and utilize these innovations to improve governance.

It has the daunting task now of transforming our government into an agile bureaucracy that is responsive to the needs of the public, provide good and solid data to ensure informed decision-making, as well as allow secure and seamless access to public services.

The voluminous records stored in the government warehouses and archives have to be digitized.  Those that are already stored in various inventories of data should be harmonized and shared across departments and agencies.

Needless to say, these have to be kept in large data centers that are secure yet accessible.

The National ID will play an important part in this digital transformation. 

For citizens to be able to seamlessly transact with government, their identity must be easily verifiable.

We expect to issue 30-million physical IDs and 20-million digital IDs by the end of this year.   The target is to accomplish the issuance of about 92-million IDs by the middle of next year. 

As the world moves into rapid digitalization, the digital divide will become more pronounced. The depth and breadth at which these technologies will be transformative in our lives is fully expected.

This will open new opportunities for the creation of wealth but will also likely create inequalities.

Hence, universal connectivity will be a vital component in order to ensure that no citizen is left behind. 

I have therefore tasked the DICT to deploy digital connectivity across our various islands. This will be done through the implementation of the National Broadband Plan, the common tower program, connecting our Geographically Isolated and Disadvantaged Areas (GIDA) via our ‘Broad Band ng Masa’ project. 

All relevant modes of digital transport should be utilized. These may be through a combination of terrestrial or submarine fiber optics, wireless and even satellite technology.

As our Public Service Act has opened the doors and removed the restrictions on foreign investment, we foresee an increase in direct investment of overseas players.

This will translate into better quality, availability and affordability of telecommunications services all over the country.

We come now to infrastructure.  The backbone of an economy is its infrastructure.

The infrastructure program of the Duterte administration must not only continue but, wherever possible, be expanded. 

We shall confidently build on this firm foundation established by my predecessor.  As it is in building an edifice.

We must keep the momentum. And aspire to BUILD BETTER MORE.

Necessarily, infrastructure development will remain a very high priority in our drive for growth and employment.

Once again, I will not suspend any of the ongoing projects as those have already been shown to be of benefit to the public that they serve. 

We will continue to study the proposals that have been made. 

Infrastructure development spending will be sustained at 5% to 6% of GDP.

The planned expansion of infrastructure projects, I believe, would be possible if we continue to encourage the participation of the private sector in the development of our programs.

Public Private Partnerships or PPPs hold great potential for that expansion,  for infrastructure development and for innovation.

Our infrastructure development is of primary importance as it is a necessary element to improve many other sectors — to include agriculture, tourism, general economic activity, and even to governance. 

It is my belief also that we have missed some great opportunities to develop our rail transport system.

It is clear in my mind that railways offer great potential as it continues to be the cheapest way of transporting goods and passengers.

We can build upon already existing lines by modernizing these old railway systems.

There are dozens of railway projects – on the ground, above the ground, below ground, not just in Manila, but in other regions – at various stages of implementation, and with a combined cost of 1.9 trillion pesos. 

This Administration is committed to finish building the current portfolio of investments:  approved railway projects such as the North-South Commuter Railway System,  the 33-kilometer Metro Manila Subway Project,  the 147-kilometer North-South Commuter Railway System, the 12-kilometer LRT-1 Cavite Extension,  the 23-kilometer MRT-7, and the Common Station that will connect LRT-1, MRT-3  and MRT-7.

And beyond NCR, larger scale railway systems like the 102-kilometer Mindanao Railway Project;  the Panay Railway Project;  and the Cebu railway system will be integrated as a vital part of our transport and communications systems.

We will also continue to improve our roads and transportation systems in key cities throughout the country through various projects such as the Cebu Bus Rapid Transit, Davao High Priority Bus System, Ilocos Norte Transportation Hub, and the El Nido Transport Terminal. 

My order to the Department of Transportation or DOTr is really very simple: FULL SPEED AHEAD! 

Improving our railway system, along with modernizing existing airports and seaports, will maximize our strategic location in the Pacific.  And connect our many islands.

A key sector in our transformation plans is that of energy.

Another fundamental requirement for growth and increased employment will be the availability of cheap, reliable energy.  This even comes under the category of “ease of doing business”.  If we are to attract investors, both local and foreign, to set up shop here in the Philippines.

At present, our demand for energy far exceeds our reliable supply.  We must increase the level of energy production.  We must look at every possible option that would be appropriate for the Philippine situation. There is some room to expand our present power supply through existing power sources, but this is only to a very limited extent. We must build new power plants.   We must take advantage of all the best technology that is now available, especially in the areas of renewable energy. 

Our search for new power sources should always be with an eye to improving the mix of the energy supply between traditional and renewable sources.

The technology on renewable energy is progressing rapidly.  And many of these technologies are appropriate for the Philippines.  We have already begun windmill power. We are now expanding very quickly our solar power production. 

For both offshore and on-shore wind turbines, for example, the World Bank has calculated that there is the potential of 255  gigawatts  by the year of 2030. 

Solar power has steadily increased its efficiency in converting sunlight to electrical power, which is particularly attractive for the Philippines. Because unlike wind power, solar power is practical almost everywhere  in the Philippines all year round.

In the move to lowering our carbon footprint caused by energy production, our advancement to renewables will have a lead time. 

In the interim, natural gas will hold the key. We will provide investment incentives by clarifying the uncertain policy in upstream gas, particularly  in the area close to Malampaya.

This requires clarification of the processes and review of service contracts policy.

I believe that it is time also to re-examine our strategy towards building nuclear power plants in the Philippines. 

We will comply of course with the International Atomic Energy Agency (IAEA) regulations for nuclear power plants as they have been strengthened after Fukushima.  In the area of nuclear power, there have been new technologies developed that allow smaller scale modular nuclear plants and other derivations thereof.

Once again, PPPs will play a part in support as funding in this period is limited.  

Furthermore, we must examine the entire system  of transmission and distribution for the purpose of finding ways to lower the price of energy to the consumer and to industry.

We must expand the network of our transmission lines while examining schemes to improve the operation of our electrical cooperatives. All this in aid of reducing energy cost especially but not limited to households.  

All this impetus for development and growth, we undertake within the context of accelerating climate change and extreme weather conditions.

Though we are a minor contributor to climate change globally, we have the unfortunate distinction of being one of the most vulnerable countries to the effects of climate change.

For the welfare of our people, it is incumbent upon us to alleviate the effects of that vulnerability.

The use of renewable energy is at the top of our climate agenda.  We will increase our use of renewable energy sources such as hydropower, geothermal power, solar, and wind. 

Geographically, we are a disaster-prone country. Capacity building for our natural disaster resiliency is therefore a must.  Investment in science and technology is imperative to enable us to have accurate weather forecasts and on-time disaster alerts.

Studies show that already now many areas in the Philippines are at high risk from the rise in sea levels brought about by the increase in global temperature. We must adapt to this phenomenon with disaster-proof planning of our communities. 

We will also look into the precarious fresh water supply situation in the country, especially in our urban areas.  Many of our water supply systems date back to the 1950’s, and they must now be rehabilitated and improved.

I have instructed the DENR together with the DPWH, to explore possible partnerships with the private sector to address this crucial situation. 

The Philippines has excellent laws on the environment, but we have to guarantee that these laws are properly enforced.  And this will require a great deal of coordination and cooperation between concerned government agencies and private stakeholders.

Companies who exploit our natural resources must follow the law.  We all have the responsibility to preserve this Earth, for we are but custodians, and we will pass on this great treasure to future generations.  

There is no question that the preservation of the environment is the preservation of life.  

If we cannot mitigate climate change, all our plans for the economy, all our plans for our future, will be for naught.

Bawat Pilipino sa ibayong dagat na nagsasakripisyong lisanin ang kanyang pamilya sa Pilipinas upang mag-hanapbuhay ay nararapat lamang magkaroon ng pamahalaang matatawag nilang “tahanan” habang nasa ibang bayan.  

Ito ang papel na gagampanan ng Kagawaran ng Manggagawang Mandarayuhan o Department of Migrant Workers matapos itong ideklara bilang ganap na ahensya ng gobyerno noong isang taon.  

Ang kagawarang ito ang magsisilbing kanlungan ng ating mga kababayan sa gitna ng mundong walang kasiguruhan at mahigpit na kumpetisyon. Ito ang maglalatag sa kanila ng mga oportunidad; titiyak na ang kanilang mga hanapbuhay ay tugma sa kanilang mga kasanayan; maninigurong akma ang sahod at maayos ang kalagayan sa kanilang mga kumpanya; at mangangalaga sa kanilang mga pamilya habang sila ay nasa malayo.

Gagawin natin ito sa pamamagitan ng pag-aalis ng red tape sa sistema ng pagsusulong ng digital empowerment. We shall automate the verification of contracts and issue secure Overseas Employment Certifications (OEC) that you can keep on your smartphone. I call on the Department of Migrant Workers and the DICT to make this a top priority.  

Tinatawagan ko rin ang Department of Foreign Affairs na makipagtulungan sa Department of Migrant Workers na tiyakin ang lahat ng mga diplomatic post ay tutulong na agarang maibalik sa trabaho ang mga ating mga Overseas Filipino workers na nawalan ng hanapbuhay nitong nakalipas na ilang taon.  

Mula sa tatlong buwan ay gagawin na lang nating tatlong linggo para sa isang dayuhang employer na i-proseso ang mga papeles ng Pilipinong nais nitong kunin bilang empleyado.  

Aatasan din natin ang kagawaran na gawing simple ang kumplikadong handbook ng mga tuntunin at regulasyon para sa mga OFW, nang sa gayon ay maging maalwan ang mga transaksyong may kinalaman sa kanilang pangingibang-bansa. 

Mula sa handbook na may dalawang daan at apatnapung (240) seksyon ay gagawin nating pamphlet na lamang na hindi hihigit sa isandaang pahina.  

Mahirap na nga ang buhay, kaya naman ayaw pa natin makitang lalo pang nahihirapan ang ating mga manggagawang mandarayuhan sa pagtupad sa kanilang mga pangarap.

Para sa mga kababayan nating naiipit sa kaguluhan, inaabuso, at nanganganib ang buhay, ikinagagalak kong sa ilalim ng aking pamumuno, ay ilulunsad natin ang One Repatriation Command Center o ORCC.  Ilalaan natin ang isang social media platform ng Department of Migrant Workers at ang hotline upang matulungan agad at mailigtas sila mula sa mas higit na kapahamakan.  

Noon, nangungutang pa ang isang ina ng bawat OFW upang sumakay ng barko para pumunta sa Maynila at mangatok sa iba’t ibang ahensya para mapauwi ang anak na inaapi.  Ngayon, kami na ang tatawag sa mga magulang ng OFWs   para sabihin sa kanila ang petsa kung kailan nila mayayakap at makakapiling ang kanilang mga anak.  

Sa kasalukuyan ay nakikipag-ugnayan tayo sa pamahalaan ng Saudi Arabia upang buksang muli ang deployment.  Kaya natin, at gagawin natin, ang makipag-negosasyon na mabigyan ang ating mga kababayan doon ng tamang pasahod, at mapangalagaan ang kanilang karapatan at kapakanan.

Muli nating pagtitibayin ang respeto at pagkakaibigan ng ating dalawang bansa tulad ng namagitan sa aking ama at sa kanilang hari.

Sa mga susunod na buwan ay magtutungo si Secretary Susan Ople sa Saudi Arabia upang tiyakin na may sapat na puwersang magsisiguro na mabubuksang muli ang empleyo sa bansa,   at para maisulong ang ating kampanya laban sa human trafficking.

Ngayon, para naman sa mga anak na naiwan sa Pilipinas. Titiyakin ng Department of Migrant Workers, sa pamamagitan ng OWWA, na sila ay maipapasok sa magagandang paaralang magtuturo sa kanila ng financial literacy, mental wellness, sports, sining at kultura. Ito ay mangyayari sa pakikipagtulungan ng iba’t ibang ahensya ng pamahalaan. Alagaan natin ang kabataang Pilipino sapagkat sila ang kinabukasan ng ating Inang Bayan.  

Sa ating mga kababayan na nasa ibang bansa: You deserve a Home in Government not only for the money that you send home, but you are not cold tools of the economy. You deserve it for your sacrifices, for our country and your perseverance and excellence in the global arena.

You OFWs represent the fighting faith of the Filipinos as a nation and as a people. Let us transform your overseas journey into inspirational stories for all time.

Thanks to you, our dear legislators, and of course, to the man, every OFW now refers to as their “Tatay”, President Rodrigo Duterte. You passed the law that created this new home for our OFWs.  

On the area of foreign policy, I will not preside over any process that will abandon even one square inch of territory of the Republic of the Philippines to any foreign power. 

With respect to our place in the community of nations, the Philippines shall continue to be a friend to all, an enemy to none.

The Philippines has always been open and welcoming to all our foreign friends and visitors.  That is our world view, and that is our culture.

BUT LET ME BE CLEAR. WE ARE VERY JEALOUS OF ALL THAT IS FILIPINO.  

We will be a good neighbor — always looking for ways to collaborate and cooperate with the end goal of mutually beneficial outcomes.

If we agree, we will cooperate and we will work together.  And if we differ, let us talk some more until  we develop a consensus.

After all, that is THE FILIPINO WAY.

But we will not waver. We will stand firm in our independent foreign policy, with the national interest as our primordial guide.  

We commit to maintaining good relations with the rest of the world.

As a matter of fact, it is my sincere belief that the need for strong bonds and collaboration among nations emerges in the direst of times, such as in a pandemic.

The partnerships and alliances that we make with all will provide the stability that all nations will need as we emerge into this new global economy.

The Philippines will continue to promote stronger  and multi-faceted relationships with all our partners around the world.

We are, in fact, grateful for the messages of support and offers of help that we have received from many of our friends in the international community. This has been communicated to us through the different Envoys and the Ambassadors here in the Philippines.

Such strong relationships can only be beneficial to all involved.

As I am here today addressing the legislature, allow me now to  propose legislation that we would like you to pass in support of these programs:

1. National Government Rightsizing Program (NGRP)  

A reform mechanism that seeks to enhance the government’s institutional capacity to perform its mandate and provide better services, while ensuring optimal and efficient use of resources. 

Compared to previous government reorganization efforts, the NGRP will entail a comprehensive strategic review of the functions, operations, organization, systems and processes of the different agencies, and massive and transformational initiatives in agencies concerned, such as mergers, consolidation, splitting, transfer, and even the abolition of some offices. The rightsizing efforts will also involve the conduct of a comprehensive strategic review of functions, programs and projects that will cut across various agencies. 

2. Budget Modernization Bill 

This seeks to institutionalize the Cash-based Budgeting System (CBS) under Executive Order No. 91, Series 2019 to strengthen fiscal discipline in the allocation and use of budget resources by ensuring that every peso budgeted by the government would lead to the actual delivery of programs and projects.  The full implementation of the CBS is timely and vital as the government executes response and recovery plans post- pandemic. 

3. Tax Package 3: Valuation Reform Bill 

This bill provides for the :

(a) establishment of real property values and valuation standards across the country and (b) the development of Real Property Information System that provides for the database of all real property transactions and declarations in the country 

4. Passive Income and Financial Intermediary Taxation Act (PIFITA) 

This seeks to reform the taxation of capital income and financial services by redesigning the financial sector taxation into simpler, fairer, more efficient and a revenue neutral tax system. It also represents to adopt a regionally competitive tax system. 

5. E-Government Act 

Which provides for the establishment of the E-Government Master Plan which shall cover all e-government services and processes. 

6. Internet Transaction Act or E-Commerce Law 

Which aims to establish an effective regulation of commercial activities through the internet or electronic means to ensure that consumer rights and data privacy are protected, innovation is encouraged, fair advertising practices and competition are promoted, online transactions are secured, intellectual property rights are protected, and product standards and safety are observed. 

7. Government Financial Institutions Unified Initiatives to Distressed Enterprises for Economic Recovery (GUIDE) 

This seeks to provide financial assistance to distressed enterprises critical to economic recovery through programs and initiatives to be implemented by the Land Bank of the Philippines, the Development Bank of the Philippines and the Philippine Guarantee Corporation  for purposes  of addressing liquidity or solvency problems of MSMEs and strategically important industries, to encourage their continued operations and maintain employment.  

8.       The Establishment of a Medical Reserve Corps 

Establishes a Medical Reserve Corp (MRC) under the Health and Emergency Management Bureau (HEMB) of the DOH. The MRC shall be composed of licensed physicians, medical students who have completed their four (4) years of medical course, graduates of medicine, registered nurses, and licensed allied health professionals. 

9.       National Disease Prevention Management Authority 

This bill seeks to create the Center for Disease Prevention and Control (CDC), attached to the DOH.  

10. Creation of the Virology Institute of the Philippines 

This will create the Virology Science and Technology Institute of the Philippines (VIP) as an attached agency of the DOST. All offices and units under the DOST with functions related to virology shall now be transferred to the Virology Institute of the Philippines.

11. Department of Water Resources 

This seeks to create the Department of Water Resources and adopts the Integrated Water Resource Management (IWRM) as the strategic framework for national water management, policymaking and planning. 

12. Unified System of Separation, Retirement and Pension 

This grants a monthly disability pension, in lieu of disability benefits provided under existing laws, for military and uniformed personnel (MUPs) retired by reasons of disability. 

13. E-Governance Act 

It promotes use of internet, intranet and other ICT to provide opportunities for citizens. 

14. National Land Use Act 

This will provide for a rational and holistic management and development of our country's land and water resources; hold owners accountable for making these lands productive and sustainable; strengthen the LGU to manage ecological balance within its jurisdiction. It also provides for Land Use and Physical Planning/Framework as a mechanism in determining policies and principles to implement this legislative measure. 

15. National Defense Act 

This seeks to amend the antiquated National Defense Act of 1935 to provide for a change in the military structure of the Armed Forces of the Philippines that is more responsive to current and future  non-conventional security threats to the country’s territorial integrity and national sovereignty. 

16. Mandatory Reserve Officers' Training Corps (ROTC) and National Service Training Program (NSTP) 

This seeks to reinstitute the ROTC program as a mandatory component of senior high school programs (Grades 11 and 12) in all public and private tertiary-level educational institutions. The aim is to motivate, train, organize and mobilize the students for national defense preparedness, including disaster preparedness and capacity building for risk-related situations. 

17. Enactment of an Enabling Law for the Natural Gas Industry 

This seeks to foster the development of the Midstream Natural Gas Industry in a bid to strengthen Philippine energy security by diversifying the country’s primary sources of energy and promoting the role of natural gas as a complementary fuel to variable renewable energy. 

18. Amendments to the Electric Power Industry Reform Act or EPIRA (Rep. Act No. 9136) 

This aims to improve the implementation of the law’s provisions and enhance its effectiveness to address high cost of electricity, alleged market collusion, and insufficient power supply.  

The bill seeks to restructure the Energy Regulation Commission (ERC) to foster accountability and improve the commission’s government system that would ensure consumer protection and in enhancing the competitive operation of the electricity market. 

19. Amendments to the Build-Operate-Transfer (BOT) Law 

This seeks to improve the implementation of the Public Private Partnership (PPP) Program and to be able to direct the desired outputs and outcomes in line with the strategic development targets of the country.  Specifically, the amendments seek to: 

1.  Address the ambiguities in the existing law; 

2. Address the bottlenecks and challenges affecting the implementation of the PPP Program; and, 

3. Foster a more competitive and enabling environment for PPPs. To my fellow Filipinos, ang aking mga minamahal na kababayan. 

Batid ko na hindi madali ang ating pinagdaraanan sa nakaraang higit na dalawang taon.

Alam ko rin na ang bawat isa sa inyo ay ginagawa ang lahat ng inyong makakaya upang patuloy na harapin ang lahat ng pagsubok sa kasalukuyan.

I do not intend to diminish the risks and the challenges that we face in this turbulent time in global history, and yet, I see sunlight filtering through these dark clouds. 

We have assembled the BEST Filipino minds to help navigate us through this time of global crisis that we are now facing.

We will endure.  Let our Filipino spirit ever remain undimmed. 

I know this in my mind, I know it in my heart, I know it in my very soul … THE STATE OF THE NATION IS SOUND.

Thank you and good afternoon. Marami pong salamat sa inyong lahat. 

-END-

“Why UNCLOS and the 2016 South China Sea

Arbitral Award Continue to Matter”

Remarks of Assistant Secretary Marshall Louis M. Alferez

of the Maritime and Oceans Affairs Office

of the Department of Foreign Affairs

for the Waypoints Conference to Commemorate

the 9th Anniversary of the 2016 South China Sea Arbitral Award,

31 July 2025, Philippine Public Safety College, Quezon City

Hon. Representative Ma. Rachel Arenas, Chairperson of the Committee on Foreign Affairs of the House of Representatives,

P/BGen Ferdinando G. Sevilla (Ret), President of the Philippine Public Safety College,

Ms. Kat Talosa, Director of Asia Foundation and the Waypoints Project,

My esteemed fellow panelists Senior State Counsel Atty. Fretti Ganchoon of DOJ and Dr. Jay Batongbacal, Director of UP-IMLOS,

Distinguished experts, academics, colleagues in government and friends from the diplomatic corps,

Ladies and gentlemen,

Magandang umaga po sa inyong lahat!

It is with a genuine sense of honor and anticipation that I address you today. Allow me first to extend my gratitude to Waypoints for inviting me to participate in this timely conversation around a subject that is both paramount to the Department of Foreign Affairs’ priorities and vital to our nation’s destiny: that is, the United Nations Convention on the Law of the Sea (UNCLOS) and the 2016 South China Sea Arbitral Award.

UNCLOS and the 2016 Arbitral Award are not just legal constructs. They are, in many respects, the twin anchors of our maritime policy. They are the lighthouses guiding the Philippines’ ship of state as we navigate complex and often turbulent waters.

Perhaps some of us may ask why we gather in these kinds of fora, year after year, to revisit these instruments and their impact on the country, the region, and indeed, the world.  Is it not because we sense, keenly, that their significance extends far beyond the dry language of legal documents?

Our discussions today, under the apt theme “UNCLOS and the Arbitral Award: Their Importance for the Philippines, the Region, and Beyond,” goes to the very foundations of the maritime rules-based order and the prospects for lasting peace, stability and prosperity in the West Philippine Sea, the South China Sea, and the broader Indo-Pacific.

UNCLOS and the Arbitral Award: Why They Matter

Let us start by asking: what do these frameworks mean for the Philippines? The answer, as many of you already know, is both practical and profound. The UNCLOS, adopted in 1982 and often called the “Constitution for the Ocean”, codifies the rights and responsibilities of states in their use of the world’s ocean and seas.

It sets out, with remarkable clarity, the limits of territorial waters, exclusive economic zones (EEZs) and continental shelves. For an archipelagic nation like ours, with more than 7,600 islands stretching across vast waters, UNCLOS is not just international law. It is, in many ways, a lifeline.

The 2016 Arbitral Award, rendered by a tribunal constituted under Annex VII of UNCLOS, clarified, several things. I am aware that my good friend, Atty. Fretti Ganchoon of the Department of Justice, will elaborate this later, but just allow me to remind you of the Award’s three most important points:

First, the Award conclusively settled the status of historic rights and maritime entitlements in the South China Sea and declared illegal the excessive maritime claims made by China, notably its nine- or ten-dash line. It also upheld the Philippines’ sovereign rights and jurisdiction in its Exclusive Economic Zone (EEZ).

Second, the Award settled the status and maritime entitlements of certain features in the South China Sea - such that none of them were “islands”, but rather either “high tide elevations” or “low tide elevations”.

And third, the Award showed the illegality of the interference with routine movement of Philippine vessels and access of Filipino fisherfolk to traditional fishing grounds, as well as the harm caused to the marine environment by the illegal reclamation and construction of artificial islands. 

These rulings are not mere abstractions. They have critical implications for our fisherfolk, our marine environment, our access to resources, and our national security.

Yet, we must ask: what is the value of law if it is not respected, or worse, if it is deliberately undermined? What does it mean for the ordinary Filipino, whose livelihood may hang in the balance, if powerful actors act with impunity in our waters?

The Challenge of Enforcement

For decades now, the Philippines has stood firmly on the side of international law, in both asserting our maritime rights and fulfilling our obligations. Our advocacy for a rules-based maritime order governed by international law is more than diplomatic rhetoric. It is a deliberate, strategic choice.

Why? Because history teaches us that in a world of unequal power, only the law can level the playing field. Only through adherence to the rule of law can a small or medium-sized nation hope to stand on equal footing with great powers.  All countries regardless of size, might or capacity must meet their duties and obligations under international law, especially under UNCLOS, including compliance with rulings by legitimate tribunals and bodies under it.

But let us not romanticize. The story of international law is not a fairy tale. Its power flows not only from the text of treaties, but from the willingness of states to comply, and from the vigilance of the international community in holding violators to account.

It is often highlighted that there are now 28 countries, as well as groups like the G7 and the EU, that have issued specific statements to support the Arbitral Award, each one we hugely appreciate. This is no small achievement, given the complex geopolitics of the region and the world.

And yet in the nine years that have passed, the legitimacy of the rules-based order continues to be tested, challenged and subverted, putting in peril the stability and prosperity we all yearn for and are working so hard to achieve.

It is truly regrettable and worrisome that China has persisted in rejecting the final and binding Arbitral Award. Instead, it has chosen to continue infringing on our lawful rights and entitlements, and pursue illegal, coercive, aggressive and deceptive actions under cover of a misguided, self-serving interpretation and application of international law. It is nothing but a direct affront to the rule of law.

Fortunately, at the very least, the Arbitral Award is already part of the corpus of international law. The Arbitral Award has now been cited by the International Tribunal for the Law of the Sea (ITLOS) in its advisory opinion on Case No. 31 on Climate Change and International Law, and by the International Court of Justice (ICJ) in the recent Gabon v. Equatorial Guinea maritime entitlements case earlier this year. This is proof that positive legal results can reverberate, and inspire others in similar circumstances.

Our legal success in 2016 has shone a light that can never be fully extinguished. The Award is not merely a win for the Philippines. It is a win for all who believe in the rule of law over the rule of might.

Harnessing the Award for Practical Gains

However, we must also recognize that the struggle is far from over. Beyond diplomatic words, the true test lies in our ability to translate this legal victory into concrete benefits for the country.  In the Department of Foreign Affairs, our diplomatic efforts go beyond trying to persuade countries to issue statements or make public pronouncements. Rather, we aim to harness that legal victory for innovative ways to assert and demand what is right for Philippine interests.

How do we do this? By utilizing the Award as both shield and compass. It is a shield against unfounded claims and coercive actions. And it is a compass for charting a future based on fair rules and mutual respect.

Of course, we recognize the strategic importance of building up our defense and security capabilities, in such a way that would enable our authorities to assert, protect and defend our interests in the maritime space. 

And yet, we in the Department of Foreign Affairs do not waver in the view that galvanizing the rules-based order and promoting the Arbitral Award rests equally, if not primarily, with effective, pragmatic and positive diplomacy. 

For us, deterrence is not only a military concept, but also one that indispensably involves guarantees secured by diplomacy to assure peace and stability.  

In other words, ladies and gentlemen, the Department will play an undeniable leading role in the conduct of our strategy and approaches in the maritime domain – the Philippines’ own brand of maritime statecraft.

Four Core Dynamics of Philippine Maritime Statecraft

Allow me to outline the four core dynamics of Philippine maritime statecraft, as developed by Foreign Affairs Secretary Ma. Theresa P. Lazaro, and is central to the conduct of our foreign policy in the maritime space:

1.             Dynamic Commitment to Advocate and Adhere to International Law

First, we pursue a dynamic advocacy for adherence to international law, most notably UNCLOS and the Arbitral Award. We have to find ways to translate legal principles into actual policies and practices on the ground. Strengthening the rules-based order requires both assertive pronouncements, and continuous, creative, and consistent action.

This means integrating international law into every facet of our national maritime policy – not just in the West Philippine Sea, but across the full breadth of our archipelago and all our maritime zones. Every activity, from marine scientific research to fisheries management to maritime patrols and operations, must reflect our commitment to the legal order at sea.

We call on all states to comply with decisions rendered through UNCLOS’s compulsory dispute settlement mechanisms and to respect advisory opinions that clarify the law’s provisions. Our submissions to international bodies such as the UN Commission on the Limits of the Continental Shelf (CLCS) and the International Hydrographic Organization’s Sub-Committee on Undersea Feature Names (SCUFN) are proof not just of our commitment, but of our willingness to engage the multilateral system’s modalities.

Domestically, we have enacted the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act—landmark laws that further align our legal framework with UNCLOS. With the National Maritime Council, we have formalized the standard naming of 131 features in the Kalayaan Island Group and are preparing to convene an international workshop on archipelagic sea lanes under the International Maritime Organization (IMO) framework.

Taken together, these efforts demonstrate the Philippines’ dedication to resolving disputes and managing ocean concerns through the law, rather than through unilateral action.

2.             Dynamic Push to Keep Bilateral and Regional Communication Channels Open

Second, we maintain an active dialogue with China, as well as with our fellow ASEAN claimants. Some may ask, “Why bother talking to those who challenge our rights?”  But is it not wiser to keep lines of communication open, even when tensions are high? The answer lies in the strategic imperative to manage differences peacefully, to seek common ground where possible, and to signal our seriousness in upholding our interests.

Our diplomatic engagement with China draws on a long history of interaction and deeply-rooted cultural ties. Assertiveness does not mean closing the door to dialogue. On the contrary, effective and pragmatic diplomacy protects our national interests while creating the space for positive collaboration. Where it is right to protest, we do so loudly and clearly. And where collaboration is possible, we pursue it with professionalism and open-mindedness.

This balanced approach has produced pragmatic solutions, such as the Provisional Understanding on the rotation and resupply (RORE) missions to the BRP Sierra Madre, exploring cooperation between our coast guards to establish a formal communication mechanism, and creating opportunities between our scientific institutions to exchange best practices on ocean meteorology.

At the same time, we also have close and dynamic maritime engagement with our fellow ASEAN claimants, namely Brunei Darussalam, Malaysia, and Viet Nam. Our four countries are exploring new avenues for cooperation on issues ranging from maritime environmental protection to search and rescue operations, combating transnational crime, and safeguarding the ocean-climate-biodiversity nexus. Only two Fridays ago, I co-chaired the 11th Philippines-Viet Nam Joint Permanent Working Group on Maritime and Oceans Concerns (JPWG-MOC) where a whole range of issues and opportunities for bilateral cooperation in the South China Sea were discussed.

Furthermore, the Philippines actively participates in the ongoing negotiations for an ASEAN-China Code of Conduct in the South China Sea. The Philippines joins all Parties in the shared commitment to conclude, by next year, an effective and substantive Code, which for us means that it is consistent with UNCLOS, respects the rights of third parties, and effectively governs behavior at sea.

Looking ahead to our chairship of ASEAN in 2026, Philippine policy will continue to be anchored on ASEAN centrality because we stand firm on the position that the solution to the region’s problems must always involve the ASEAN member countries.  ASEAN’s external mechanisms, such as the ASEAN Regional Forum and the East Asia Summit, provide invaluable platforms for dialogue and cooperation, including on the maritime rules-based order in the Indo-Pacific.

3.             Active Leverage of  Alliances and Partnerships, and Multilateralism

The third dynamic centers on our active and rapid drive to build strong alliances and partnerships, both within and beyond the region. It would be foolhardy to think that safeguarding our maritime interests can be achieved by ourselves alone in this complex day and age. As such, strategic alliances and partnerships, and multilateralism, are essential.

We are weaving a complex tapestry of bilateral, minilateral and multilateral engagements that reinforce our positions, and broaden our capacities. These dynamic efforts send a clear message: provocations and unlawful claims will not go unanswered. Being on the right side of the law means that it is easier to find and mobilize support, and inspire others to stand with us.  Cooperation with like-minded countries deters escalation and fosters peace and stability, as well as helps signal to countries with opposing interests that there are costs to violating international law. 

The progress that shows the Philippines is not alone is visible: 11 bilateral maritime dialogues with allies and partners, a trilateral maritime dialogue, nearly three dozen like-minded countries joining our multilateral diplomatic initiatives, increasing visiting forces agreements and deepening defense cooperation frameworks, and a growing number of participants in our multilateral maritime cooperative activities.

These collective efforts safeguard not only Philippine interests but also the stability and prosperity of the South China Sea, the wider Indo-Pacific, and, by extension, the world. We should remember that the South China Sea is one of most important global maritime routes through which more than USD 3 Trillion worth of commerce passes every year – a strategic waterway valued by the major economies of the world. Undoubtedly, what happens in our seas ripples to other shores.

4.             Energetic Support for Domestic Capacity-Building

Lastly, there is an energetic role that Philippine diplomacy plays in building domestic capacity. Diplomacy can be made even stronger by helping reinforce the institutions and capabilities that are key to asserting our rights and interests. The Department of Foreign Affairs stands shoulder-to-shoulder with defense and security sector partners in pursuing programs aimed at improving our maritime domain awareness and response capabilities.

By using diplomacy to open doors, our foreign partners have contributed equipment, technology, and shared intelligence, strengthening our ability to protect territorial integrity and defend the national interest. The Department fully backs the self-reliant defense program and the Comprehensive Archipelagic Defense Concept (CADC), as well as the asset acquisition and sustainment projects that enhance our maritime security posture.

Ultimately, these four core dynamics, as well as the respective efforts of our partner Philippine agencies, converge towards one clear goal: to realize the Philippines’ full potential as a maritime and archipelagic nation, able to provide for the welfare, prosperity and security of the Filipino people now and in the future.

Charting the Way Forward

Ladies and gentlemen,

Despite mounting challenges to UNCLOS and the 2016 Arbitral Award, the Philippines will never waver. As President Ferdinand Romualdez Marcos Jr. has repeatedly directed: the Philippines stands as a firm paragon for the rule of law and the peaceful settlement of disputes. As such, we in the Department of Foreign Affairs will continue to reject any attempt to diminish the Award’s definitive legal effects.

Buoyed by our legal triumph, this advocacy continues in every negotiation, every scientific expedition, and every joint patrol, as well as in every young Filipino who learns about their rights and responsibilities as stewards of our maritime heritage.

As we commemorate the ninth anniversary of the 2016 South China Sea Arbitral Award this year, we Filipinos must keep in mind that our numerous advocacies, activities and partnerships are threads in the strong fabric of our maritime and archipelagic nation – one that illegitimate claims and actions cannot easily unravel.

No matter how turbulent the waters become,  let us all remain anchored in the rule of law, guided by principle, united in purpose and confident in our statecraft.

Once again, thank you for the opportunity to speak in this auspicious forum. 

Maraming salamat po at mabuhay kayong lahat!   (END)

DFA Statement on the Ninth Anniversary of the 2016 Arbitral Award on the South China Sea

MANILA 12 July 2025 – Today, the Philippines commemorates the ninth anniversary of the landmark ruling on the South China Sea Arbitration. Since its promulgation by the Arbitral Tribunal, this Arbitral Award continues to serve as a guide for the peaceful resolution of disputes in accordance with international law and its dispute settlement mechanisms, including the 1982 United Nations Convention on the Law of the Sea (UNCLOS), which is considered the legal framework within which all activities in the oceans and seas must be carried out.

Now entrenched in international jurisprudence, this historic ruling has been cited by the International Tribunal on the Law of the Sea (ITLOS) and the International Court of Justice (ICJ) in rendering their decisions, further reinforcing the legitimacy and finality of the 2016 Arbitral Award.  It is an illuminating precedent for States facing similarly challenging circumstances in the seas, and the clearest of reminders to the international community that the rule of law can be the great equalizer between and among nations, and serve as the bedrock of peace and stability for the international community.

Beyond marking this milestone, the Philippines continues to honor this Arbitral Award by its commitment to both enhancing public awareness of maritime entitlements and other rights and obligations under the UNCLOS, and leveraging more partnerships with like-minded countries in upholding the rule of law.

Along with the UNCLOS, the Arbitral Award will continue to be a cornerstone of Philippine maritime policy and the country’s unflinching advocacy for a rules-based order governed by international law. The Filipino nation will always look to the enduring guidance of the 2016 Arbitral Award on the South China Sea in asserting its rights and entitlements in its maritime domain and in protecting its sovereignty, sovereign rights, and jurisdiction. END

KEYNOTE ADDRESS OF

THE HON. MA. TERESA P. LAZARO

SECRETARY OF FOREIGN AFFAIRS

9th Year of the Arbitral Victory: Defending the Rules-Based Order through Reinforced Defense Capabilities and Partnerships

11 July 2025, Manila Polo Club, Makati City

Your Excellency Ambassador HK Yu,

Mr. Dindo Manhit and the Stratbase Family,

Ladies and gentlemen,

Magandang umaga po inyong lahat! 

First of all, congratulations to our good friends at Stratbase and the Australian Embassy for hosting this annual conference, which has contributed to the better understanding and recognition of the value of the 2016 South China Sea Arbitral Award.

I take distinct pleasure during this event in delivering my first keynote remarks on Philippine maritime perspectives in my new position as Secretary of Foreign Affairs. After all, the Award is a cornerstone of Philippine maritime policy along with the 1982 UN Convention on the Law of the Sea (UNCLOS). I want to emphasize that they will remain so under my watch.

The organizers chose such a thought-provoking theme for this event – “Defending the Rules-Based Order through Reinforced Defense Capabilities and Partnerships” – because clearly the rules-based order is the lynchpin of peace and security in the West Philippine Sea, the South China Sea, and in the wider Indo-Pacific.

In asserting our rights and entitlements, and meeting our duties and obligations, the Philippines has long been and will continue to be a firm advocate for the rules-based order governed by international law, especially in the maritime domain.

Which is why it is important to continue making the international community more aware and appreciative of the validity, legal clarity and the inspiration provided by the South China Sea Arbitration.

The Arbitration and its Award are shining affirmations of the compulsory dispute resolution mechanisms of UNCLOS. It is already an unassailable part of the corpus of international law and has been cited by the International Tribunal in the Law of the Sea (ITLOS) in their advisory opinion on climate change last year, as well as by the International Court of Justice (ICJ) in their ruling on the Gabon vs. Equatorial Guinea case on sovereignty and maritime delimitations earlier this year.

The Award not only sets reason and right in the South China Sea, but is like a lighthouse that guides how maritime matters and concerns in the region ought to be addressed.  It is a telling reminder to the world that all countries regardless of size, might or capacity must meet their duties and obligations, especially under UNCLOS, including compliance with rulings by its legitimate tribunals and bodies.

Nine years hence, its legitimacy continues to be tested, challenged and subverted, putting not only the Philippines’ maritime interests in peril, but also the regional stability and prosperity we are all working so hard to achieve.

It is worrisome that China has continued to reject the binding  Arbitral Award and persists with illegal, coercive, and aggressive actions under cover of a revisionist, self-serving interpretation and application of international law, particularly UNCLOS.

So we must ask, what can the Philippines do to protect its rights, uphold international law and defend a rules-based order?

Certainly, reinforcing our defense and security capabilities is important.  Building our national capacities is essential in enabling our authorities to assert, protect and defend our interests. 

In this regard, we acknowledge the efforts of our colleagues in the defense and security sector in pursuing the country’s self-reliant defense posture program and the Comprehensive Archipelagic Defense Concept (CADC) to enable effective responses to challenges in our maritime zones.

But at the same time, the President has been very consistent and unequivocal in saying that the Philippines will be a paragon for the peaceful settlement of disputes. As such, I believe that galvanizing the rules-based order and promoting the Arbitral Award rests equally, if not primarily, with diplomacy. 

Deterrence is not only a military concept, but one that indispensably involves guarantees secured by diplomacy to assure peace and stability.

Towards this direction, Philippine maritime statecraft will be built on four dynamics:

First is the dynamic effort to strongly advocate adherence to international law, particularly UNCLOS and the Arbitral Award. It is an advocacy that must go hand-in-hand with faithful implementation of the law’s provisions and processes.

The Philippines not only cites UNCLOS as the legal framework for all maritime activities and the cornerstone of global ocean governance, we also call on all states to comply with decisions rendered through its compulsory dispute settlement mechanisms and respect the advisory opinions that provide legal clarity.  

Our submissions to the UN Commission on the Limits of the Continental Shelf (CLCS) and to the IHO-GEBCO Sub-Committee on Undersea Feature Names (SCUFN) are consistent with what the rules provide. We have also thrown our full support behind the BBNJ Agreement, and continue to work hard to be among the first 60 countries to ratify the treaty.  

And, of course, the Philippines has shown that it truly practices what it preaches with its enactment of the landmark and UNCLOS-compliant Philippine Maritime Zones Act and Philippine Archipelagic Sea Lanes Act. We are also pushing towards the standard naming of the 131 features in the Kalayaan Island Group. And we aim to convene an international consultation workshop on our designated archipelagic sea lanes within the framework of the International Maritime Organization (IMO).

I must also underscore the fact that our national maritime policy is not merely focused on the West Philippine Sea, but rather covers our entire archipelago and all our maritime zones. Everything we do in our national maritime space is based on our unwavering commitment as a responsible coastal state that adheres to UNCLOS.

      Second is the dynamic approach to keep lines of communication open bilaterally, both with China and with other ASEAN claimant states.

It is a strategic consideration that we continue the dialogue and consultation with China, even amidst tensions that severely impact the bilateral relationship. Our two countries have long-standing history and deeply ingrained cultural ties. Thus, our diplomacy will continue to firmly protest and disagree where it is right, but also collaborate where it is practical and beneficial for the country.

We will continue to use the Foreign Ministry Consultations (FMC), the Bilateral Consultation Mechanism on the South China Sea (BCM-SCS) and the bilateral Consular Consultations Mechanism with China in order to maintain dialogue and diplomacy at the appropriate official levels that is in good faith, has a proper and conducive environment, and can enable the constructive management of differences without prejudicing our national position.

Our effective diplomacy with our Chinese counterparts has resulted in several pragmatic solutions and positive outcomes, such as the Provisional Understanding on the rotation and resupply (RORE) missions to the BRP Sierra Madre.   And we are now in the process of developing non-sensitive areas of cooperation between our coast guards and our scientific and technical institutions.

Likewise, our dynamic bilateral diplomacy involves close engagement with each of our fellow ASEAN claimant states in the South China Sea, namely Brunei Darussalam, Malaysia and Viet Nam.

These ASEAN claimant interactions have served as a useful foundation for our meaningful participation in the negotiations to conclude an ASEAN-China Code of Conduct in the South China Sea that we envision to be effective and substantive, and which we are all committed to conclude by next year.

With the Philippines’ upcoming chairship of ASEAN in 2026, our policy priorities will continue to be anchored on ASEAN centrality, which continues to serve as the guiding principle for developing solutions and approaches among ASEAN and with its partners, including on maritime and marine concerns.

      Third is our unstinting drive to leverage alliances and partnerships, and to help revitalize the energy of multilateralism.

If we can engage our most challenging relationships, then surely we can produce effective strategic outcomes with our allies, partners and other like-minded countries. We are constantly looking to create a tapestry of multilateral and bilateral engagements that bolsters our positions and broadens our capacities.

The Philippines’ partnerships have already paid dividends, as seen with our deepening cooperation with treaty allies and traditional security partners. We now have several visiting forces agreements, 11 bilateral maritime dialogues (such as with Australia, one of our most important maritime partners), a trilateral maritime dialogue, and a growing number of countries that join our multilateral maritime cooperative activities.

All of these demonstrate that the Philippines does not stand alone, and can rely on its partners in order to maintain regional peace and security.

Fourth, Philippine diplomacy can play an energetic role to support domestic capacity-building.

Because of the intrinsic nature of our work, the Department helps open doors for the capacity-building programs of our defense and security agencies. Already, leveraging our partnerships through diplomacy has paid dividends to the country’s defense and security capacities. Several of our maritime dialogue partners have already directly contributed to the Philippines’ efforts to improve our maritime domain awareness capability and response.

You can count on our Department to continue our steadfast support to the national effort to improve the capacity of our defense department, military, coast guard and other key security agencies. 

Excellencies,

Ladies and gentlemen,

The challenges are clear and the uncertainties remain in the maritime domain, but the Philippines will not waver in firmly rejecting attempts to undermine the Award and international law.

Being on the right side of the rules-based order and international law makes it easier for others to join us in taking a stand and forming a tight bond that can withstand illegal and unfounded claims and aggressive actions at sea.

The waters may continue to be rough and turbulent, but together we can steady the sails and navigate through obstacles, as we defend the rules-based order in the maritime domain. 

Maraming salamat po at mabuhay tayong lahat! (END) 

Secretary Lazaro Underscores Importance of 2016 Arbitral Award at 32nd ASEAN Regional Forum

KUALA LUMPUR 11 July 2025 - On the eve of the 9th Year Anniversary of the 2016 Arbitral Award, Secretary of Foreign Affairs Ma. Theresa P. Lazaro took the opportunity at the 32nd ASEAN Regional Forum (ARF) to reaffirm that the Award remains a cornerstone of the Philippine Maritime Policy, along with the 1982 UNCLOS.

According to the Secretary, “The Arbitration and its Award are shining affirmations of the compulsory dispute resolution mechanisms of UNCLOS. It is already an unassailable part of the corpus of international law and has been cited by the International Tribunal in the Law of the Sea (ITLOS) in their advisory opinion on climate change last year, as well as by the International Court of Justice (ICJ) in their ruling on the Gabon vs. Equatorial Guinea case on sovereignty and maritime delimitations earlier this year.”

Furthermore, the Secretary highlighted that the Award not only sets reason and right in the South China Sea, but is a guide on how maritime matters and concerns in the region ought to be addressed. It is a telling reminder to the world that all countries, regardless of size, might or capacity must meet their duties and obligations, especially under UNCLOS, including compliance with rulings by its legitimate tribunals and bodies.

Secretary Lazaro reiterated that the Award declared that the UNCLOS superseded any historic right or other sovereign rights or jurisdiction in excess of the limits imposed by the Convention. This claim to historic right, sovereign rights, or jurisdiction in areas that are contrary to UNCLOS is without lawful effect insofar as they exceed the geographic and substantive limits of the country’s entitlement under the Convention. END

Statement of the DFA Spokesperson on the Chinese Embassy Spokesperson’s Remarks Regarding Pag-asa Island and the Pag-asa Cays

MANILA 29 May 2025 — The Department of Foreign Affairs rejects and refutes the recent statements of the spokesperson of the Chinese Embassy in Manila regarding Pag-asa Island and the Pag-asa Cays, and the activities of Philippine authorities in the area.

The fundamental fact is that Pag-asa Island and the Pag-asa Cays form part of the Kalayaan Island Group (KIG), which is an integral part of the Philippines over which it has longstanding sovereignty and jurisdiction. The Philippines is clearly within its rights to conduct routine maritime operations and scientific research in and around these features, and will continue to do so.

The actions of Philippine authorities in the area are a valid exercise of Philippine sovereignty and consistent with international law, particularly the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the 2016 South China Sea Arbitral Award, as well as the 2002 Declaration on the Conduct of Parties in the South China Sea (DOC).  China has no right to object, much less interfere with these lawful and routine activities.

We urge China to respect the Philippines’ sovereignty and jurisdiction, even as we continue to pursue peaceful and legal means to manage differences and the situation at sea. END

Statement of the Department of Foreign Affairs on the 42nd Anniversary of the United Nations Convention on the Law of the Sea (UNCLOS)

MANILA 10 December 2024 – Today, the Philippines joins the international community in commemorating the 42nd anniversary of the adoption of the United Nations Convention on the Law of the Sea (UNCLOS). This year marks an important milestone with the commemoration of the 30th anniversary of UNCLOS’ entry into force in 1994.

Over the past three decades, the Philippines has demonstrated its profound commitment to the Convention, reaffirming its universal and unified character as the comprehensive legal framework for law and order in the seas within which all activities in the oceans must be carried out – indeed, the constitution of the oceans.

The country’s commitment has been manifested in concrete actions. From being one of the first to sign and ratify the Convention, the Philippines has continued to align its domestic legal framework with UNCLOS through the enactment of the Philippine Baselines act, and more recently the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act.

As it upholds its lawful claim to its maritime entitlements, the Philippines has continued to engage coastal neighbors through discussions on the delimitation of the exclusive economic zone, the continental shelf, and the extended continental shelf, measured from lawfully-drawn baselines where these maritime zones may overlap.

This readiness to engage fully within the parameters set by UNCLOS is a testament to our unwavering belief in the peaceful means of settling disputes, and the rule of law and the rules-based international order. We adhered to UNCLOS’ dispute resolution mechanisms through the 2016 South China Sea Arbitration, underscoring that claims exceeding geographic and substantive limits of maritime entitlements under UNCLOS are without legal effect. We continue to call for compliance with the 2016 Arbitral Award and we appreciate the growing acknowledgement of the Award as an unassailable part of the corpus of international law.

Today, UNCLOS continues to serve as the cornerstone for a peaceful and prosperous maritime domain, where the rights and interests of all States are respected and protected. The Philippines takes immense pride in its contributions to the negotiation and the promotion of UNCLOS. Just as we played an indelible role in advancing the archipelagic doctrine, we will continue to build upon our significant footprint in enriching the law of the sea, through its three implementing agreements including the BBNJ Agreement, and by taking an active role in deepening collaboration with countries and organizations that is anchored on common interests in ocean protection, conservation, management and governance.

As we mark this annual celebration, the Philippines reaffirms its dedication to uphold the provisions and the principles enshrined in UNCLOS in furtherance of our national interest and humanity’s aspiration for peace and prosperity. END

DFA Spokesperson's Response to MFA Spokesperson's Statement Regarding the 27 July 2024 RORE Mission in Ayungin Shoal

DFA Spokesperson's Response to MFA Spokesperson's Statement Regarding the 27 July 2024 RORE Mission in Ayungin Shoal MANILA 28 July 2024 - It is unfortunate that the MFA Spokesperson has mischaracterized the Philippines’ RORE mission yesterday morning. Instead of acknowledging how two countries were able to manage differences in order to avoid miscalculation and misunderstanding, the Spokesperson chose to misrepresent what has been agreed between the Philippines and China regarding RORE missions in Ayungin Shoal.

Let us make it absolutely clear: the understanding between the Philippines and China was concluded in good faith, with the explicit agreement that it will not prejudice national positions. It is not helpful to keep giving false notions about what has been agreed on and how they were implemented.

The Philippines’ core positions on West Philippine Sea issues remain clear and consistent, including as regards our legally-settled maritime entitlements and our lawful right to conduct routine activities within our own exclusive economic zone (EEZ). The BRP Sierra Madre is a commissioned naval vessel and its presence in Ayungin Shoal is well within the Philippines’ sovereign rights and jurisdiction.

The Philippines will remain committed to the peaceful settlement of disputes, including through dialogue and consultation, and will honor the understanding on RORE missions. We expect China will also adhere to the understanding as negotiated. (END)

Statement on the Conduct of the Rore Mission in Ayungin Shoal on 27 July 2024

PASAY 27 July 2024 - The Philippines conducted a rotation and reprovisioning (RORE) mission to the BRP Sierra Madre in Ayungin Shoal on 27 July 2024. The mission utilized the civilian vessel MV Lapu-Lapu, escorted by Philippine Coast Guard (PCG) vessel BRP Cape Engaño. No untoward incidents were reported.

It was the first RORE mission conducted under the ambit of the understanding reached between the Philippines and the People’s Republic of China on principles and approaches for the conduct of RORE missions in Ayungin Shoal for the purpose of avoiding misunderstandings and miscalculations, without prejudice to national positions.

The lawful and routine RORE mission within the Philippines’ exclusive economic zone (EEZ) is a credit to the professionalism of the men and women of the Philippine Navy and the Philippine Coast Guard, and the close coordination among the National Security Council, Department of National Defense and the Department of Foreign Affairs. (END)

DFA STATEMENT

on the RORE incident on 17 June 2024

MANILA 19 June 2024 – The Department of Foreign Affairs expresses grave concern over the incident that occurred in the Ayungin Shoal during a humanitarian mission to BRP Sierra Madre on 17 June 2024.  The DFA denounces the illegal and aggressive actions of Chinese authorities that resulted in personnel injury and vessel damage. 

In line with the Philippines’ commitment to pursue peace, the Department has been exerting efforts to rebuild a conducive environment for dialogue and consultation with China on the South China Sea.

This cannot be achieved if China’s words do not match their actions on the waters. We expect China to act sincerely and responsibly, and refrain from behavior that puts to risk the safety of personnel and vessels.

We reiterate our call for China to adhere to international law, especially UNCLOS and the 2016 Arbitral Award, and respect the Philippines’ sovereignty, sovereign rights and jurisdiction in our own waters. END

Statement on the Apulia G7 Leaders’ Communiqué of 14 June 2024

MANILA 17 June 2024 – The Philippines welcomes the G7 Leaders Communiqué issued in Apulia, Italy on 14 June 2024 which reconfirms the G7’s commitment to upholding a rules-based international order and the rule of law in all parts of the world, including the South China Sea. The Philippines shares the G7’s vision of a stable and secure Indo-Pacific region, and stands firm against any actions that undermine global prosperity, international security, peace and stability.

We continue to value the G7’s support in confirming the universal and unified character of the United Nations Convention on the Law of the Sea (UNCLOS). The Philippines shares this firm, unwavering and principled commitment to UNCLOS and its processes, as further manifested by its availment of the procedure to register its lawful entitlement to an extended continental shelf in the South China Sea.

We once again highly appreciate the G7’s opposition to China’s baseless and excessive claims in the South China Sea. We appreciate the G7’s call for China to cease its illegal activities, particularly its use of coast guard and maritime militia that engage in dangerous maneuvers and the use of water cannons against Philippine vessels. We also appreciate the G7’s reaffirmation that the 2016 Arbitral Award is a significant milestone and a useful basis for the peaceful management and resolution of differences at sea.

The Philippines urges China to stop its provocative behavior and distortion of the facts, including through enactment and enforcement of domestic laws and regulations that overreach into the legally-settled maritime zones of the Philippines in violation of international law. We call on China to show sincerity in working together to de-escalate the situation, in the spirit of dialogue and the peaceful settlement of disputes.

We also welcome the G7’s economic initiatives, particularly its support for the Luzon Corridor, which will help pave the way for transformative economic projects for quality infrastructure and investment.

Finally, the Philippines takes note of other concerns, threats and risks raised by the G7 Leaders’ Communiqué and reaffirms its openness to positively contribute to collective efforts in addressing them. END

DFA STATEMENT

On the Advisory Opinion of the International Tribunal of the Law of the Sea (ITLOS) on the Request Submitted by the Commission of Small Island States on Climate Change and International Law (Case No. 31)

The Department of Foreign Affairs welcomes the issuance today by the International Tribunal for the Law of the Sea (ITLOS) of its Advisory Opinion on the 12 December 2022 request submitted by the Commission of Small Island States on Climate Change and International Law.

The Philippines, as a State Party to UNCLOS, participated in the proceedings by delivering an oral statement during the public hearing on 19 September 2023.

The ITLOS cited the South China Sea Arbitration Award of 12 July 2016 as authoritative in key parts of the Advisory Opinion. Further, 26 States or group of States also referenced the Award as legal authority in their respective oral and written statements during the ITLOS proceedings.

This bolsters and reinforces the legitimacy of the final and binding 2016 Arbitration Award, and its unassailable status as part of the corpus of international law. The Philippines therefore takes this opportunity to reiterate its continuing call for full compliance with the Award.

The Philippines is diligently studying the Advisory Opinion and its implications for the Philippines and other States Parties to UNCLOS, particularly on the duty to protect and preserve the marine environment in the context of greenhouse gas emissions, climate change impacts, and ocean acidification.

The Philippines recognizes that advisory opinions are significant contributions to the clarification and development of international law. The Philippines reiterates the rule of law ensures equity in the global commons, and a fair, just and peaceful multilateral world order.

In this regard, the Philippines invites all States to join us in a constructive dialogue and thorough study of the ITLOS Advisory Opinion, in the spirit of collaboration towards fully and faithfully enforcing and complying with UNCLOS for a healthy and thriving marine environment.   (END) 

DFA Statement in Response to Chinese Statements on the PH-JP-US Trilateral Summit

MANILA 18 April 2024 – The historic Trilateral Summit held on 11 April 2024 provided the Philippines, Japan and the United States the opportunity to build upon their robust bilateral relations, expand their economic cooperation in support of the Philippines' development goals, and reaffirm their proud and resolute commitment to their shared fundamental values of freedom, democracy, respect for human rights and the rule of law.

The trilateral cooperation is a partnership and a cooperative framework for the promotion of peace, stability and economic prosperity in the Indo-Pacific region. It is an admirable aspiration that should not be considered a threat by any peace-loving country.

The trilateral initiative responds to the Philippines' development needs, in line with President Marcos' socioeconomic agenda and economic diplomacy objectives. It will deliver valuable capacity-building support for priority economic sectors, including infrastructure, and critical and emerging technologies.

The trilateral initiative is another platform to further promote regional peace and security, it is only reasonable and responsible that the participants discuss regional security issues of mutual concern, challenges to the rule of law, and the peaceful resolution of outstanding disputes. In the case of the South China Sea, the UN Convention on the Law of the Sea and the final and legally-binding 2016 Arbitral Award provide definitive lawful basis for the determination of the sovereign rights and jurisdiction within the Philippines' maritime entitlements.

It is the sovereign choice and decision of the Philippines to strengthen our alliance with the United States and our strategic partnership with Japan, in accordance with our national interests and in line with our independent foreign policy. Our actions are in line with international law and complement our commitments in other regional and multilateral forums.

The source of tension in our region is well known to all. China should reflect upon its own actions in the South China Sea and the West Philippine Sea. It is China's excessive maritime claims and aggressive behavior, including its militarization of reclaimed features, that are undermining regional peace and stability and raising tensions.

Unwarranted references to the Cold War sensationalize the situation and misrepresent the peaceful purpose of the trilateral cooperation. Nevertheless, those who wish to invoke the lessons of the past should also recall the need for adherence to the rule of law and how peace and stability has been maintained in our region through observance and respect for international law. END

NSC STATEMENT ON 05 MARCH 2024 AYUNGIN SHOAL INCIDENT

This morning, China Coast Guard (CCG) and Chinese Maritime Militia (CMM) vessels harassed, blocked, deployed water cannons, and executed dangerous maneuvers in another attempt to illegally impede or obstruct a routine resupply and rotation mission to BRP SIERRA MADRE (LS 57) at Ayungin Shoal.

At approximately 0632H CG vessel 21555 executed dangerous blocking maneuvers against Philippine Coast Guard (PG) vessel MRRV 4407, which caused a minor collision resulting in superficial structural damage to the hull of the PCG vessel.

At 0815H, one CG vessel caused a minor collision with Unaizah May 4 (UM4) due to its dangerous blocking maneuvers. CG vessels 21555 and 21551 deployed water cannons simultaneously against the supply boat UM4. The use of water cannons by the CG vessels shattered the wind shield of UM4, causing minor injuries to at least four (4) personnel on board. At 0936H, the injured personnel were treated by Philippine Coast Guard personnel from MRRV.

Due to the damage and injuries to the vessel and crew, UM4 proceeded back to mainland Palawan under escort of MRRV 4407.
At 0930H, Unaizah May 1 (UM1) successfully docked with LS57 and began its resupply. It concluded its resupply and departed BRP SIERRA MADRE at 1054H.

Once again, China's latest unprovoked acts of coercion and dangerous maneuvers against a legitimate and routine Philippine rotation and resupply mission to Ayungin Shoal, have put the lives of our people at risk and caused actual injury to Filipinos on board UM4. The systematic and consistent manner in which the People's Republic of China carries out these illegal and irresponsible actions puts into question the sincerity of its calls for peaceful dialogue and lessening of tensions.

The Philippines, for its part, continues to act peacefully and responsibly, consistent with international law, particularly UNCLOS and the legally binding 2016 Arbitral Award. Peace and stability cannot be achieved without due regard for the legitimate, well-established, and legally settled rights of others.

The Philippines will not be deterred from exercising our legal rights over our maritime zones, including Ayungin Shoal which forms part of our Exclusive Economic Zone and continental shelf. We demand that China demonstrate that it is a responsible and trustworthy member of the international community. (NSC)

Statement

of

H.E. Enrique A. Manalo 

Secretary for Foreign Affairs 

Republic of the Philippines 

78th session of the United Nations General Assembly High-Level Week 23 September 2023 

“Solidarity for SDGs and a Just, Equitable and Rules-Based Order” 

Mr. President,  

Mr. Secretary-General,  

Excellencies, 

Colleagues, 

It is an honor to address you today, on behalf of President Ferdinand R. Marcos, Jr., and  reaffirm the Philippines’ solidarity with the United Nations. 

As a founding member of the UN, our commitment to multilateralism, with the UN Charter  as its bedrock, is unwavering.  

The UN has bound our nations in common purpose to uplift our shared humanity:  - through the ravages of World War II, conflicts, and regional and global pandemics,  - by establishing the universality of human rights and human dignity,  - and with a rules-based order underpinned by international law that guarantees the  flourishing in peace of free and equal nations. 

With the UN at the center amidst tides of challenge and change, multilateralism must rise  to the occasion. 

The UN spirit calls upon us to respond decisively to existential threats such as global  warming, degrading ecosystems, diseases, and food insecurity, and to reclaim the power  of dialogue and diplomacy as we manage new complexions of conflict and strategic  competition. 

We must configure our work to the realities of our time, placing people and communities  at the heart of our agenda, refocusing consensus through differences, and recognizing  the agency of many voices, not only the powerful few, in shaping our shared future. 

The theme of this year’s Assembly frames a global conversation on solidarity and trust as  essential enablers of global action.  

Greater solidarity and trust also arise as outcomes of shared triumphs: they thrive more  when multilateralism works, they weaken when our global institutions fail in delivering  dividends benefitting all. 

Rule of law as a collective responsibility 

The preservation of a rules-based global order is our collective responsibility.  

The UN is underwritten by a rules-based order governed by international law and  informed by the principles of equity and of justice.  

Its present and future rest on the predictability and stability of international law, which  safeguards the rights of all states.  

If multilateralism is to endure, all states must adhere to the rule of law. 

Guided by an independent foreign policy, the Philippines actively works with nations to  promote a rules-based international order.

We advocate the peaceful settlement of disputes, in accordance with international law.  This has always been our position with respect to the disputes in the West Philippine Sea, inasmuch as we are prepared to defend our sovereignty, sovereign rights and territorial  integrity. 

As President Marcos Jr. has declared, we are a friend to all and enemy to none. Our Constitution renounces war as an instrument of national policy, adopts the generally  accepted principles of international law as part of the law of the land and adheres to a policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

We recognize the role of international legal bodies in fostering greater solidarity around  values that underpin the UN. This year, the General Assembly adopted by consensus a  resolution to celebrate the 125th anniversary of the Permanent Court of Arbitration. 

As an archipelagic state whose destiny is intimately linked with the oceans, the  Philippines is a champion of the 1982 UN Convention on the Law of The Sea. And, we  are proud to be among the first states to have signed this week, the Treaty on Marine  Biodiversity of Areas Beyond National Jurisdiction, which opens new windows to  cooperate in the responsible stewardship of the high seas. 

The primacy of the UNCLOS was affirmed by the 2016 Arbitral Award on the South China  Sea. The Award definitively settled the status of historic rights and maritime entitlements in the South China Sea, declaring without legal effect claims that exceed entitlements  beyond the geographic and substantive limits of UNCLOS.  

For the past seven years, we have celebrated the Award, which is now part of international law. 

Adherence to international law contributes to keeping the Indo-Pacific, with ASEAN at the  center, free and open and our region stable and peaceful. In line with this, we are guided  by the ASEAN Outlook on the Indo-Pacific. 

Excellencies, Mr. President, 

During the Cold War, the Philippines shepherded the 1982 Manila Declaration on the  Peaceful Settlement of International Disputes convinced that our world should not descend again into large-scale conflict when the possibility of nuclear catastrophe  loomed.  

Humanity remains in a state of danger from too many destructive and disruptive weapons now in existence.  

With thousands of nuclear warheads still present and the fissile material cut-off treaty  unrealized, heightened arms races and new ways of warfare - including in the cyber and  space domains - have transformed the strategic landscape in the 21st century. 

All the more, the rule of law must reign.  

President Marcos Jr. at this Assembly last year called for rules and norms for the  responsible use of emerging technologies.  

The Philippines is working with partners for rules to govern lethal autonomous weapons  systems. In this regard, we are hosting an Indo-Pacific meeting in December. 

We advocate the peaceful uses of outer space, the elaboration of the principle of due  regard in the space domain and greater responsibility among states to reduce space  threats, including debris from rocket launches. 

We call for UN partnerships that guarantee that new technologies are not weaponized,  or misused in any way to subvert democracy and freedom, to challenge international  humanitarian law, and to exploit the vulnerable and violate human rights and human  dignity.

Uniting for climate action and climate justice 

Mr. President, 

We are profoundly concerned over how extreme weather events have caused too much  human suffering across the globe, reminding us of three realities:  

One: climate change is evolving into a full crisis; 

Two: the fight against global warming and sea level rise is a race against time; and 

Three: effective climate action requires stronger multilateral cooperation.  

We need decisive, responsible, just and sustainable solutions that look after populations  and protect persons that have contributed the least to global warming, but have the  highest vulnerability by their geography. This is the meaning of solidarity on climate  action. 

More than a decade ago, the Philippines pioneered a resolution in the Human Rights  Council that drew attention to the impact of climate change on human rights. And though we are heartened that the link is now acknowledged, much more remains to be done.  

We join the call for industrialized countries to abide by their obligations under the UN  FCCC and the Paris Agreement.  

We look forward to COP28 adopting decisions on the Loss and Damage Fund and other  climate financing mechanisms. 

We thank Vanuatu and the core group of states for rallying the UN to bring the question  of state obligations relating to climate change to the ICJ. The Philippines will actively  participate in the proceedings.

We are in solidarity with island states taking part in the ITLOS proceedings on obligations  relating to climate change and the marine environment under UNCLOS.  

Cognizant that the future will see more climate-induced migration and displacement as  acknowledged in the Global Compact for Migration, the Philippines and the IOM convened a Ministerial Asia-Pacific Roundtable on Climate Change and Migration earlier  this week in New York.  

With the Asia-Pacific Ministerial Conference on Disaster Risk to be held in Manila in 2024,  the Philippines aims to bridge effectively disaster risk resilience with the climate agenda.  

Sustainable development is attainable 

Excellencies, 

We are in the homestretch for securing SDG outcomes globally.  

The 2030 Agenda for Sustainable Development is well-integrated in the Philippines’ mid and long-term development plans.  

We can unlock opportunities for the Philippines and developing countries, including  middle-income countries, to advance South-South cooperation and meet development  goals across the world. 

As a middle-income country, we support initiatives to make international financial and  development mechanisms more attuned to the needs of middle-income countries.  Our partnerships should bridge development divides. 

Our collaboration for the future should make our societies more resilient, more cohesive,  and more humane. 

And as I stated at the SDG Summit earlier this week, if we work together, sustainable is  attainable. 

Mr. President, 

The continued reform of the UN Development System is key to ensuring that the UN  delivers transformative development outcomes.  

The UN and its specialized agencies and funds have the duty of providing efficient,  coherent, and accountable support to host states, with the latter’s consent and in  accordance with their national development priorities. 

Solidarity sets the ground for international cooperation as we reinforce the global health  security system, following the lessons of the Covid19 pandemic.  

The Philippines together with like-minded states has called for equity in the provision of  vaccines and resilient health services in the negotiations on the global pandemic treaty. We must never again witness a global emergency of such scale wherein those most in need will be provided for last.  

The Philippines supports the Contingency Fund for Emergencies, the COVAX Facility  and other mechanisms that harness the power of partnerships to address persistent  health challenges and emergencies. 

We affirm that health is primordial to our human development agenda. 

We are all indebted to Filipino healthcare workers at the frontlines of the pandemic  throughout the world. We honor the many who lost their lives in the service of our common  humanity.

The pandemic compelled the international community, especially countries of destination,  to recognize the contributions of migrants to their societies and to protect their rights. 

The Global Compact is the roadmap for this.  

Mr. President, Excellencies, 

This year marks the 75th anniversary of the Universal Declaration on Human Rights. 

The Philippines was an active member of the first UN Commission on Human Rights that  drafted this seminal document, represented by the late General Carlos P. Romulo, a  former President of this Assembly. 

Following the Universal Declaration, the Philippines assumed a leading role in the drafting  of the Convention on the Elimination of Discrimination Against Women, and the framing  of instruments such as the UN Declaration on the Rights of Indigenous Peoples and the  Convention on the Rights of Migrant Workers and their Families.  

To date, the Philippines is party to eight core human rights instruments. Recognizing  human rights as an unfinished business in all parts of the world, we are a dedicated  advocate for the human rights of vulnerable groups, especially women, children,  indigenous peoples, migrants, persons with disabilities, refugees, and older persons. 

But human rights is first and foremost about people.  

To foster trust and engagement, dialogue on human rights must be genuine, based on  evidence, and depoliticized.  

When constructive and carried out in good faith and with full respect for the agency of  states, collaboration on human rights can achieve concrete impact.

The Philippines as a partner, pathfinder and peacemaker 

I have echoed the call for solidarity in fostering and advancing a multilateral architecture  that promotes the rule of law and meets the pressing challenges of our century.  

Such an architecture demands that we invest wisely in sound, inclusive, and far-sighted  multilateral institutions. 

The Philippines will support multilateral institutions that adhere to the highest standards  of good governance, equity, inclusivity, transparency and accountability.  

We will work in concert with other nations for a 21st century multilateralism that includes  and works for the benefit of all. 

The Philippines has served as a pathfinder for consensus on issues such as climate  change and human rights and on security cooperation. We will carry on as a bridge builder.  

In keeping with our tradition as a peacemaker, we will sustain our contributions to UN  Peacekeeping Operations and continue implementing UN Security Council resolutions  on counter-terrorism and peace-building, among others. 

The Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) manifests the  vision of the Philippines for people-focused peace-building.  

The Philippine candidature for a non-permanent seat on the UN Security Council for the  term 2027 to 2028 manifests our strong desire to offer the best of the Philippine diplomatic  tradition. 

We count on the support of all UN member states in this regard.

Mr. President, Excellencies,  

Fully living up to the purposes and principles of the UN Charter and the aspirations of the  Universal Declaration on Human Rights are unfinished projects, and their realization is  in our hands. That is our challenge.  

Through solidarity, we can foster a constructive multilateralism that embraces this  challenge with courage and perseveres in hope and common purpose.  

I thank you. END

Statement

of

Hon. Enrique A. Manalo

Secretary for Foreign Affairs 

on the

7th Anniversary of the Award on the South China Sea Arbitration

12 July 2023

The Philippines today commemorates the 7th Anniversary of the Award on the South China Sea Arbitration. An affirmation of the United Nations Convention on the Law of the Sea (UNCLOS) and its dispute settlement mechanisms, the Award definitively settled the status of historic rights and maritime entitlements in the South China Sea and declared without legal effect claims that exceed entitlements beyond the geographic and substantive limits set by UNCLOS. It is now part of international law.

Anniversaries are markers reminding us of the trajectory we have taken as a nation and as a people. In the decision to file a case for arbitration, the Philippines opted to take the path of principle, the rule of law and the peaceful settlement of disputes. The Tribunal’s decision affirmed the correctness of that course of action.  The Award has since facilitated the plotting of new paths and trajectories, reflecting the rich maritime heritage of our country and our people, firm in the conviction that our rights over our maritime jurisdictions are indisputable.

We welcome the growing number of partners that have expressed support for the Award. We are honored that the Award stands as a beacon whose guiding light serves all nations. It is a settled landmark and a definitive contribution to the progressive development of international law. It is ours as much as it is the world’s. Just as lighthouses aid vessels in navigating the seas, the Award will continue to illuminate the path for all who strive towards not just the peaceful resolution of disputes but also the maintenance of a rules-based international order.  

We will continue to translate the positive outcomes of the Award into positive gains for our people to secure our legitimate interests in our maritime domain, and to promote peace, security and prosperity in our region. END

STRENGTHENING THE PHILIPPINES’ POSITION

THROUGH THE 2016 ARBITRAL AWARD

Maria Angela A. Ponce

Assistant Secretary, Maritime and Ocean Affairs Office

Department of Foreign Affairs

“Kasiguruhan sa Karagatan: Strengthening the Implementation of the South China Sea Arbitral Award” 

27 July 2023, at the Bocobo Hall, UP Law Center.

Good morning.

I thank Waypoints, the UP Law Center Institute for Maritime Affairs and Law of the Sea (UPLC IMLOS) and the Philippine Public Safety College for this opportunity to speak on the importance of the 2016 Arbitral Award on the South China Sea and on possible ways of strengthening the Philippines’ implementation of the Award.

This Forum is particularly timely, as we just commemorated the 7th Anniversary of the issuance of the Award last July 12. In his statement on the occasion of the Anniversary, Secretary for Foreign Affairs Enrique A. Manalo noted that as “[a] n affirmation of the United Nations Convention on the Law of the Sea (UNCLOS) and its dispute settlement mechanisms, the Award definitively settled the status of historic rights and maritime entitlements in the South China Sea and declared without legal effect claims that exceed entitlements beyond the geographic and substantive limits set by UNCLOS. It is now part of international law.” Echoing this, Undersecretary Maria Theresa P. Lazaro said that “[t] he Award is a strong vindication of our legal claims in the West Philippine Sea. It is a stark symbolism of our legal victory against a much larger country. More importantly, it is a telling reminder to the world that the rules-based international order is a great equalizer that levels the playing field between powerful and vulnerable states.”

Indeed, the Award continues to be relevant, not only for the Philippines, but for the rules-based international order that we seek to maintain, if not strengthen.

As it is widely known, the Award is binding on both parties, with one party refusing to accept the Award for what it is -- a legitimate, final, and binding decision on a case filed before a validly-constituted ad hoc Arbitral Tribunal under Annex VII of UNCLOS. No effort is spared by it to reject the Award and question its validity before the international community.

Having said that, we have to remember that the immediate responses of disputing parties are not always the best way to assess the effectiveness of an international arbitral decision. It is not uncommon for a party to an international dispute to challenge and refuse to implement the outcome of an arbitration proceeding. It is in this context that I say that we cannot judge the Award’s value simply on the basis of a party’s non-compliance.

It is important to emphasize that in filing the case, the Philippines made a crucial decision to isolate the issue of territorial sovereignty and maritime delimitation from the issue of maritime entitlements.

The Award is conclusive insofar as it settled the issue of historic rights and maritime entitlements in the South China Sea. Claims based on historic rights that are beyond the geographic and substantive limits of UNCLOS-provided maritime entitlements are without legal effect.

While the Arbitral Award neither resolved sovereignty issues nor delimited maritime boundaries, it gave much needed clarity to the bases and extent of coastal states’ maritime entitlements. This is probably the Arbitral Award’s and the Philippines’ single biggest contribution to the rules-based international order. Although not all countries might be ready to admit it due to possible diplomatic repercussions, but the Arbitral Award has provided valuable guidance for their own maritime issues.

As stated in the Arbitral Award on the Merits, “the purpose of the dispute resolution proceedings is to clarify the Parties’ respective rights and obligations and thereby to facilitate their future relations in accordance with the general obligations of good faith that both governments unequivocally recognize.”[1] The Arbitral Award, thus, is meant to reduce legal uncertainties that can eventually form the basis of constructive solutions.

How do we strengthen the Philippines’ implementation of the Award? The Philippines has consistently called for compliance with the Arbitral Award and for all claimant states to respect the Philippines’ sovereignty, sovereign rights, and jurisdiction over its maritime zones. We rely primarily on proactive diplomacy, both bilateral and multilateral, to put out a clear message that the rules-based international order is the foundation of the peace and stability that allowed our countries, and the region in general, to achieve the progress that we now enjoy – free from armed conflicts that have once brought destruction and hardship to whole societies. 

We do recognize that diplomacy does not always produce quick results but, coupled with right policies on the domestic front, it remains to be our most effective tool in the pursuit of our national interest in the global community.

One of our actions on the diplomatic front is the consistent filing of diplomatic protests that assert our sovereignty, sovereign rights and jurisdiction over our maritime zones and document violations thereof. As of today, we have filed 448 diplomatic protests against other claimant states since 2020. They cover, for the most part, incidents on illegal presence of foreign fishing and maritime militia vessels, illegal fishing, harassment of our fishermen and enforcement agencies, and unauthorized marine scientific research.

Protests have both a diplomatic, political, and legal function: they express a state’s official position, assert its rights, and prevent acquiescence to positions asserted by other states. As they are official positions, they have legal value as evidence of state practice. On a practical level, they can also put the other state on notice that the Philippines is aware of their unlawful activities. Together with effective public diplomacy, enforcement action by the Navy and Coast Guard, and open support by other states, protests have proven to be valuable tools in the protection of our maritime entitlements.

Notwithstanding our differences, we continue to engage other claimant states through various bilateral mechanisms that facilitate cordial and constructive discussions on our disparate positions and effectively manage tensions.

Our circumstances as a maritime and archipelagic state have entailed us to reorient ourselves towards maritime relations, which includes the establishment of Maritime Dialogues with strategically-selected partners to serve as a platform of discussion on various maritime-related issues, foremost being the promotion of the Award and UNCLOS. These dialogues have also allowed our various agencies to secure assistance in improving their respective capacities to assert our country’s jurisdiction at sea thereby strengthening our administrative control over the West Philippine Sea. 

Other topics for discussion normally include maritime-related developments in the region; sharing of best practices; maritime domain awareness; and marine environment protection; and ocean economy, including fisheries; among others.

Since 2021, we have inaugurated maritime dialogues with Australia, the United States, the United Kingdom, the Republic of Korea; and later this year, we will launch our inaugural maritime dialogues with the European Union and India. These are in addition to more established maritime-related mechanisms, such as those with Indonesia, Japan, and Viet Nam.

At the regional level, we also have the negotiations on the proposed Code of Conduct (COC) in the South China Sea. An effective and substantive COC remains our goal. For us, this means that the COC must uphold UNCLOS and the Arbitral Award.

Because of the Philippines’ consistent diplomatic efforts to promote respect for the rule of law, UNCLOS, and the recognition of the Award, a number of countries have begun refining their positions on the SCS to adhere to or reflect it. Twenty-three (23) states have openly stated and reaffirmed their support for the Award through various platforms over the past seven years. If you go by the AMTI’s figures, 58 states have now expressed support for the Award. While several others, such as Viet Nam and Malaysia, while not expressly supporting the Philippines’ position, have cited some of the Award’s rulings in order to assert their positions, notably the invalidation of China’s nine-dash line.

The Award’s relevance can thus be evaluated in terms of how it strengthens the development and strengthening of international law through jurisprudence and in the formation of international norms through state practice. Although the Arbitral Award is only legally binding for the Philippines and China, it certainly has a strong influence on future judicial decisions and opinions, and on how third parties conduct their activities in the region and elsewhere in the world. We are certainly encouraged by the recent decision by ITLOS in Mauritius v. Maldives which cited the Arbitral Award – a concrete proof that the Award is now shaping the international legal discourse.

Moreover, since the Arbitral Award is an application of UNCLOS, it could, even if incrementally, translate into state practice. This would, in turn, further strengthen UNCLOS as a legal regime for the oceans. Strengthening UNCLOS means weakening baseless historic claims and countering a flawed reinterpretation of the Convention.

While the development of state practice might take time, it is incumbent upon us to be patient and actively counter efforts to undermine the Arbitral Award, in the same way that there are earnest efforts from some quarters to present an erroneous alternative legal narrative.

A strategic, deliberate, and calibrated approach is needed to promote the Arbitral Award and not unwittingly diminish its status as a final and legally binding decision. Several additional strategies can be considered in promoting it, one of which is its value in the protection of community interests that encompass fundamental values shared by the coastal states of the South China Sea and the international community as a whole.

The DFA recognizes the need to convert supporters of the Arbitral Award from echo platforms to solid coalitions geared towards undertaking future specific initiatives led by the Philippines in identified international fora.

This is where one of the Arbitral Award’s key rulings can come into play. We recall that the Arbitral Award ruled that none of the high-tide features in the Spratly Islands generated entitlements to an EEZ or continental shelf. In doing so, the Arbitral Tribunal effectively ruled that the central part of the South China Sea that lay beyond the EEZ of the coastal states is considered high seas.  Given that all states enjoy several rights on the high seas, including freedom of navigation and overflight, the Arbitral Award actually reinforces community interests concerning rights and freedoms in the South China Sea. In encouraging all states to exercise these freedoms, on the basis of the reaffirmations made by the Arbitral Award, we also contribute to emphasizing the invalidity of expansive claims that find no support in law.

Another window of opportunity for the Arbitral Award’s implementation is with regard to breaches of environmental norms relating to the protection and preservation of the marine environment. It can be argued that this pertains to a common interest of the international community, especially in portions of the South China Sea determined to be the high seas.

Part of promoting the Arbitral Award is shielding it from efforts to undermine the Award as authoritative legal interpretation of UNCLOS on maritime entitlements, such as writings by some academics pushing for outlandish legal theories. It is thus incumbent upon our legal minds to actively counter these writings in all possible platforms.

There are even more ways forward.

A coordinated public information action, that raises awareness of the Arbitral Award and of our national position, for various sectors of society, would help ingrain in our citizenry and future policymakers what it means to be a maritime and archipelagic nation.  Measured and coordinated sharing of information that would raise public awareness about the challenges that we face could also help modify the behavior of claimant states. These are actions on the domestic level that we could replicate at the international level.

There are those who question the firmness of our resolve in the South China Sea and the West Philippine Sea, and that our positions are at the mercy of political winds.  However, over several sessions of Congress now, we have seen a keen interest in enacting legislation that is consistent with the enforcement of the Arbitral Award. We are of the view that bringing the archipelagic house in order, through legislation that aligns with UNCLOS and the Arbitral Award, following the Baselines Law (RA 9522), is a demonstration of national consensus on the necessary policies for an archipelagic and maritime state.

Government agencies should likewise enhance Philippine participation in global ocean governance. In this regard, there is an opportunity for the Philippines to sign at the earliest instance and work towards the early ratification and early entry into force of the Agreement under UNCLOS on the conservation and sustainable use of marine biological diversity on areas beyond national jurisdiction (BBNJ Agreement) and ensure that the Philippines cites the Arbitral Award when it deposits its instrument of ratification.

To conclude this speech, let me reiterate what the late Secretary for Foreign Affairs Albert F. del Rosario mentioned on the South China Sea arbitration’s first day of the hearing on jurisdiction and admissibility. He said that the question of maritime entitlements in the South China Sea is “a matter that is most important not only to the Philippines but also to all coastal states that border the South China Sea, and even to all the states parties to UNCLOS. It is a dispute that goes to the very heart of UNCLOS itself.”

For this year’s 7th anniversary of the Arbitral Award, present Secretary Enrique A. Manalo emphasized its universal value by comparing it to a lighthouse, “a beacon whose guiding light serves all nations” and one that “will continue to illuminate the path for all who strive towards not just the peaceful resolution of disputes but also the maintenance of a rules-based international order.”

By elevating the value of the Arbitral Award as an international public good, we invite all countries to take ownership of and take advantage of its strengths in the pursuit of their own maritime interests. In so doing, we advance the Arbitral Award’s global recognition and acknowledgment. And as Secretary Manalo stressed, “we will continue to translate the positive outcomes of the Award into positive gains for our people to secure our legitimate interests in our maritime domain, and to promote peace, security and prosperity in our region.”

Thank you for your kind attention.

[1] 2016 SCS Arbitral Award on Merits, par. 1198

Statement

of

H.E. MR. ENRIQUE A. MANALO 

Secretary for Foreign Affairs

On the 6th Anniversary of the Issuance of the Award on the South China Sea Arbitration

12 July 2022. Today we commemorate the 6th anniversary of the Award on the South China Sea Arbitration. More than a historic milestone whose value lies in its commemorative significance, we recall 12 July 2016 as the day that affirmed to the community of nations that the rule of law prevails, and that stability, peace and progress can only be attained when founded on a rules-based legal order on the oceans, as it should be everywhere else.

The Award and the United Nations Convention on the Law of the Sea (UNCLOS) are the twin anchors of the Philippines’ policy and actions on the West Philippine Sea.

The year 2022 is also the 40th anniversary of the adoption of UNCLOS. UNCLOS sets out the legal framework within which all activities in the oceans and seas must be carried out. There is no recourse to general international law on matters comprehensively covered by the UNCLOS. Compliance with UNCLOS, which represents a delicate balance of the rights and obligations of all States Parties, in its entirety is key to ensuring global and regional peace and the fair and sustainable use of the oceans.

The Award, an affirmation of UNCLOS’ dispute resolution mechanisms, not only sets reason and right in the South China Sea, but is an inspiration for how matters should be considered – through reason and right – by states facing similarly challenging circumstances.

It authoritatively ruled that the claim of historic rights to resources within the sea areas falling within the ‘nine-dash line’ had no basis in law and is without legal effect.

It upheld the Philippines’ sovereign rights and jurisdiction in its exclusive economic zone.

It affirmed that certain actions within the Philippines’ EEZ violated the Philippines’ sovereign rights and were thus unlawful; that large-scale reclamation and construction of artificial islands caused severe environmental harm in violation of international conventions; that the large-scale harvesting of endangered marine species damaged the marine ecosystem; and that actions taken since the commencement of the arbitration had aggravated the disputes.

These findings are no longer within the reach of denial and rebuttal, and are conclusive as they are indisputable. The Award is final. We firmly reject attempts to undermine it; nay, even erase it from law, history and our collective memories. At the same time, we welcome the support of a growing list of countries for the Award.

The Award benefits the world across the board. We do not see it as directed at any other country, near or far. We see it as it should be seen: as favoring all which are similarly situated by clarifying definitively a legal situation beyond the reach of arms to change. It puts this aspect of international law beyond the limit of prescription.

And so we say once again: the present that we need and the future that we want is a peaceful South China Sea. The Philippines is committed to this for as long as it exists.

STATEMENT

Oceans and the Law of the Sea – Agenda Item 72(a)

Commemoration of the 40th Anniversary of the Adoption and Opening

for Signature of the United Nations Convention on the Law of the Sea

(UNCLOS)

8 December 2022

10:00 a.m. – 1:00 p.m./ 3:00 p.m. – 6:00 p.m - General Assembly Hall

UN Headquarters New York

The Philippines thanks H.E. Mr. Csaba Kőrösi, President of the General Assembly, for convening this Meeting, and H.E. Mr. António Guterres, Secretary-General of the United Nations, for his remarks that set the tone for this gathering to mark the 40th anniversary of the adoption of the United Nations Convention on the Law of the Sea.

Mr. President,

Amidst the unprecedented challenges and the ‘global emergency’ facing the world’s oceans, the Convention remains a bulwark of humanity.

As an archipelagic state, a maritime nation with a seafaring tradition, the Philippines reaffirms that the Convention is the legal framework within which all activities in the oceans and seas must be carried out.

For the Philippines, it was but natural to support the unprecedented multilateral effort to craft the Convention. For us, water is life, and inevitably so, being an archipelago of 7,641 islands. The livelihoods of the majority depend primordially on the health of our seas and oceans.

Lest we forget to whom our diplomatic efforts redound, let us be reminded of the fisherfolk, the seafarer, the coastal citizen whose lives are impacted daily and directly by our common waters and therefore by the Convention.

We signed it on the day it opened for signature. A year and a half later, we were among the first few States that submitted its instrument of ratification in the common aspiration to establish a legal order for the seas and oceans.

The Convention remains the ‘constitution of the oceans’ – establishing clear rules in promoting their peaceful uses, the equitable and efficient utilization of their resources, the conservation of their living resources, and the study, protection and

preservation of the marine environment.

It clearly defined limits on the maritime areas in which States are entitled to exercise sovereign rights and jurisdiction. It comprehensively allocated rights to maritime areas.

The Philippines has complied in good faith with its obligations under the Convention. Observance and compliance with the rules and norms codified and developed in the Convention contribute to the strengthening of peace, security, cooperation and friendly relations among all nations, consistent with the Charter of the United Nations. Compliance with the Convention is required of all States Parties.

Within this framework, the Philippines, as a coastal state, sought to clarify its maritime entitlements, including to a territorial sea, exclusive economic zone and continental shelf, in the South China Sea, and to clarify the rights and obligations

of States Parties within these zones.

To us, the dispute settlement mechanisms provided for by the UNCLOS are a triumph of the advocacy for the peaceful resolution of international disputes. Decisions from these mechanisms are likewise international law. They are final. Claiming otherwise would not only be an affront to the UNCLOS, but to the rule of law in general. It is in this vein that the Philippines reaffirms the 2016 Arbitral Award and calls on all parties to respect it.

The 2016 Arbitral Award is a resounding reaffirmation of the Convention. In providing authoritative interpretation of key provisions of the Convention, the award is a milestone in the corpus of international law, the cornerstone of a rules-based

regional and international order.

The arbitration award conclusively settled the status of historic rights and maritime entitlements in the South China Sea. It is available to other countries with the same problematic maritime features as ours. It benefits the world across the board.

As we commemorate the 40th year of the adoption of Convention, we celebrate the issuance of the arbitral award as a singular contribution to the strengthening of the Convention. Together, they are the anchors of our positions and actions on the South China Sea.

In the spirit of the Manila Declaration on the Peaceful Settlement of International Disputes, which also marks its 40th year of adoption this year, recourse to settlement of legal disputes should not be considered an unfriendly act between States. Rather, it is the recognition of the rule of law as a means to settle disputes amicably, achieve peace, advance a rules-based and equitable international order, foster cooperation amongst friendly, responsible, law-abiding and civilized nations.

Forty years since its adoption and almost thirty years since its entry into force, the Philippines reaffirms its commitment to the United Nations Convention on the Law of the Sea. Beyond merely reflecting universally recognized principles, UNCLOS is an instrument of international law – a landmark document entrusted to us and future generations by its visionary framers. END

STATEMENT

High-Level Commemorative Meeting of the General Assembly to mark the

40th Anniversary of the Adoption of the United Nations Convention on the Law of

the Sea (UNCLOS)

Friday, 29 April 2022

10:00 a.m. - General Assembly Hall

UN Headquarters New York

The Philippines thanks H.E. Mr. Abdulla Shahid, President of the General Assembly, for convening this meeting and Mr. Miguel de Serpa Soares, Under-Secretary-General for Legal Affairs and UN Legal Counsel, for his remarks that set the tone for this commemorative meeting to mark the 40th anniversary of the adoption of the United Nations Convention on the Law of the Sea.

Amidst the unprecedented challenges and the ‘global emergency’ facing the world’s oceans, the Convention remains a bulwark of humanity.

As an archipelagic state, a maritime nation with a seafaring tradition, the Philippines reaffirms that the Convention is the legal framework within which all activities in the oceans and seas must be carried out.

We signed it on the day it opened for signature. A year and a half later, we were among the first few States that submitted its instrument of ratification in the common aspiration to establish a legal order for the seas and oceans.

The Convention remains the ‘constitution of the oceans’ – establishing clear rules in promoting their peaceful uses, the equitable and efficient utilization of their resources, the conservation of their living resources, and the study, protection and preservation of the marine environment.

It clearly defined limits on the maritime areas in which States are entitled to exercise sovereign rights and jurisdiction. It comprehensively allocated rights to maritime areas.

The Philippines has complied in good faith with its obligations under the Convention. Observance and compliance with the rules and norms codified and developed, in the Convention contribute to the strengthening of peace, security, cooperation and friendly relations among all

nations, consistent with the Charter of the United Nations. Compliance with the Convention is required of all States Parties.

Within this framework, the Philippines, as a coastal state, sought to clarify its maritime entitlements, including to a territorial sea, exclusive economic zone and continental shelf, in the South China Sea, and to clarify the rights and obligations of States Parties within these zones.

The 2016 Arbitral Award is a resounding reaffirmation of the Convention. In providing authoritative interpretation of key provisions of the Convention, the award is a milestone in the corpus of international law, the cornerstone of a rules-based regional and international order.

The arbitration award conclusively settled the issue of historic rights and maritime entitlements in the South China Sea. It is available to other countries with the same problematic maritime features as ours. It benefits the world across the board.

As we commemorate the 40th year of the adoption of Convention, we celebrate the issuance of the arbitral award as a singular contribution to the strengthening of the Convention. Together, they are the anchors of our positions and actions on the South China Sea.

In the spirit of the Manila Declaration on the Peaceful Settlement of International Disputes, which also marks its 40th year of adoption this year, recourse to settlement of legal disputes should not be considered an unfriendly act between States. Rather, it is the recognition of the rule of law as a means to settle disputes amicably, achieve peace, advance a rules-based and equitable international order, foster cooperation amongst friendly, responsible, law-abiding and civilized nations.

Forty years since its adoption and almost thirty years since its entry into force, the Philippines reaffirms its commitment to the United Nations Convention on the Law of the Sea.

END

Excellencies, 

We listened with great interest, and with increasing confidence in our safety and sovereignty, as free and independent states, and as a regional organization to US Secretary of State Mike Pompeo as he laid out the US strategy to keep the peace through shows of force in Southeast Asia. Ernest Hemingway’s advice for effective writing is to show it, not tell it. Talk’s cheap; action commits. It works in diplomacy as well. 

To be sure, this strategy raises tensions and that’s unnerving. But even worse than unnerving is losing your nerve because, out of a misplaced complacency, we get a wake-up call from the interloper himself already in our midst, and making himself comfortable in our living room by helping himself to the snack bar and the fridge. That’s when the tension becomes so unbearable it results in either of two things. Either giving the interloper the keys to the house, even changing the sheets in the bedroom for him. Or trying to throw him out which is sure to be a conflict. 

That is because no one self-respecting, however small and seemingly weak, will ever give up what is essential to its being: territory. Because territory is the body of a nation even as courage is its soul. No courage, no soul. In saying this I mark out no power in particular but anyone, even among us, who takes what is ours or yours. We agree to disagree on that score; but surely we all and individually agree that there is no other way but to settle the score. 

This is why the amiable face of our public presence as ASEAN does not show the rough and tumble of our internal deliberations in trying to arrive at a common stand, or not at all, on any issue big or small; not least arising from the waters that link us in friendship and trade while providentially separating us in our respective national interest which we can never entrust to anyone, not even to a club of which we were one of the founders. That said, the Philippines appreciates America’s articulation of the 2016 Arbitral Award as final and binding, and its recognition of the Award as an authoritative interpretation of the 1982 UNCLOS. It comes late but then Trump became president only after we lost our reef. That said, I think all the protagonists in the South China Sea share our steadfast commitment to peace and stability in our region especially in this pandemic which, alone, is more than any or all of us can handle.

On the pandemic, we look to Korea as a model and to New Zealand as impossible to emulate; but we look to our soulmates the Americans for ways to live with COVID-19. 

What Americans are criticized for we admire: that they’d rather live free than let anyone tell them how to live and what to do; they’d rather decide on their own at great risk than leave the matter of their safety to others by blindly following their orders. That can become a habit, as we have seen in prison populations. Blind, unquestioning obedience is the wet slide to dictatorship and slavery. And that is out of the question for Americans as it is for Filipinos. So how do we tackle a situation that calls for discipline, where no one with self-respect will have it imposed on them? The answer too is American: it must be self-assumed and self-imposed. It has to be self-discipline. That honors the spirit of freedom in Americans and Filipinos alike. So, we are watching you closely. We are also looking to you for universal access to your vaccine when available. I know you will make it as others have pledged to do: a public good. 

Thank you, Excellencies. END

Statement

of

H.E. MR. TEODORO L. LOCSIN, JR.

Secretary for Foreign Affairs

On the 4th Anniversary of the Issuance of the Award on the South China Sea Arbitration

Today marks the 4th anniversary of the rendering of the unanimous award in the South China Sea Arbitration case in favor of the Philippines issued by the Tribunal constituted under Annex VII to the United Nations Convention on the Law of the Seas (UNCLOS).
The arbitration case initiated and overwhelmingly won by the Republic of the Philippines versus the People’s Republic of China is a contribution of great significance and consequence to the peaceful settlement of disputes in the South China Sea and to the peace and stability of the region at large.

Pursued within the framework of the UNCLOS – universally recognized as the constitution for the world’s oceans – the arbitration award conclusively settled the issue of historic rights and maritime entitlements in the South China Sea.

As a reaffirmation of UNCLOS, and by laying down an authoritative interpretation of key UNCLOS provisions such as Article 121(3), the award is a milestone in the corpus of international law, the cornerstone of a rules-based regional and international order.
The Tribunal authoritatively ruled that China’s claim of historic rights to resources within the sea areas falling within the ‘nine-dash line’ had no basis in law. Rather, claims to historic rights, or other sovereign rights or jurisdiction that exceed the geographic and substantive limits of maritime entitlements under UNCLOS, are without legal effect.

On maritime entitlements generated by features in the South China Sea, the Tribunal conclusively ruled that none of the features in the Spratly Islands is capable of generating extended maritime zones and that the Spratly Islands cannot generate maritime zones collectively as a unit. The Tribunal also found that the Philippines could declare certain sea areas part of its exclusive economic zone (EEZ), as these areas do not overlap with any possible entitlement claimed by China.

The Tribunal ruled that certain actions within the Philippines’ EEZ violated the Philippines’ sovereign rights and were thus unlawful; that large-scale reclamation and construction of artificial islands caused severe environmental harm in violation of international conventions; that the large-scale harvesting of endangered marine species damaged the marine ecosystem; and that actions taken since the commencement of the arbitration had aggravated the disputes.

Compliance in good faith with the award would be consistent with the obligations of the Philippines and China under international law, including UNCLOS to which both parties are signatories. The Philippines, as a law-abiding, peace-loving and responsible member of the international community, reaffirms on this occasion its adherence to the award and its enforcement without any possibility of compromise or change. The award is non-negotiable.

Today we commemorate the issuance of the award as a celebration of the rule of law as a means to settle disputes amicably, achieve peace, advance a rules-based and equitable international order, foster cooperation amongst friendly, responsible and civilized nations and clearly mark out who would be in the wrong to insist on claims contrary to this award. The arbitral tribunal’s award of 12 July 2016 represents a victory, not just for the Philippines, but for the entire community of consistently law-abiding nations. END

Statement

of

H.E. MR. PERFECTO R. YASAY, JR.

Secretary for Foreign Affairs

On the Issuance of the Award on the South China Sea Arbitration

The Philippines welcomes the issuance today, 12 July 2016, of the Award by the Arbitral Tribunal constituted by the Permanent Court of Arbitration under Annex VII of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) on the arbitration proceedings initiated by the Philippines with regard to the South China Sea.

Our experts are studying the Award with the care and thoroughness that this significant arbitral outcome deserves. In the meantime, we call on all those concerned to exercise restraint and sobriety.

The Philippines strongly affirms its respect for this milestone decision as an important contribution to ongoing efforts in addressing disputes in the South China Sea. The decision upholds international law, particularly the 1982 UNCLOS.

The Philippines reiterates its abiding commitment to efforts to pursue the peaceful resolution and management of disputes with a view to promoting and enhancing peace and stability in the region.

Statement of Secretary Albert del Rosario:

On the UNCLOS Arbitral Proceedings against China to achieve a peaceful and 

durable solution to the dispute in the West Philippine Sea

Good afternoon, ladies and gentlemen of the print and broadcast media.

I have the honor to introduce to you the Honorable Solicitor General of the Philippines Francis H. Jardeleza who stands with me here today.

This afternoon, the Philippines has taken the step of bringing China before an Arbitral Tribunal under Article 287 and Annex VII of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) in order to achieve a peaceful and durable solution to the dispute over the West Philippine Sea (WPS).

At around one o’clock this afternoon, the Chinese Ambassador to the Philippines H.E. Ma Keqing was summoned to the Department of Foreign Affairs and was handed a Note Verbale by Assistant Secretary Teresa Lazaro. The Note Verbale contains the Notification and Statement of Claim that challenges before the Arbitral Tribunal the validity of China’s nine-dash line claim to almost the entire South China Sea (SCS) including the WPS and to desist from unlawful activities that violate the sovereign rights and jurisdiction of the Philippines under the 1982 UNCLOS.

I furnish you with a copy of the Note Verbale with the Notification and Statement of Claim.

This Notification initiates the arbitral proceedings under Article 287 and Annex VII of UNCLOS.

The initiation of Arbitral Proceedings against China on the nine-dash line is an operationalization of President Aquino’s policy for a peaceful and rules-based resolution of disputes in the WPS in accordance with international law specifically UNCLOS.

The Philippines has exhausted almost all political and diplomatic avenues for a peaceful negotiated settlement of its maritime dispute with China. On numerous occasions, dating back to 1995, the Philippines has been exchanging views with China to peacefully settle these disputes. To this day, a solution is still elusive. We hope that the Arbitral Proceedings shall bring this dispute to a durable solution.

Our legal position before this UNCLOS Arbitral Tribunal is explained in this carefully crafted Notification and Statement of Claim. I invite the media to study closely the legal document we have given you so as to accurately report on the Philippine legal position.

Allow me, however, to highlight some salient points in the Notification and Statement of Claim:

The Philippines asserts that China’s so-called nine-dash line claim that encompasses virtually the entire South China Sea/West Philippine Sea is contrary to UNCLOS and thus unlawful.

Within the maritime area encompassed by the 9-dash line, China has also laid claim to, occupied and built structures on certain submerged banks, reefs and low tide elevations that do not qualify as islands under UNCLOS, but are parts of the Philippine continental shelf, or the international seabed. In addition, China has occupied certain small, uninhabitable coral projections that are barely above water at high tide, and which are “rocks” under Article 121 (3) of UNCLOS.

China has interfered with the lawful exercise by the Philippines of its rights within its legitimate maritime zones, as well as to the aforementioned features and their surrounding waters.

The Philippines is conscious of China’s Declaration of August 25, 2006 under Article 298 of UNCLOS (regarding optional exceptions to the compulsory proceedings), and has avoided raising subjects or making claims that China has, by virtue of that Declaration, excluded from arbitral jurisdiction.

In this context, the Philippines is requesting the Arbitral Tribunal to issue an Award that, among others:

– Declares that China’s rights in regard to maritime areas in the South China Sea, like the rights of the Philippines, are those that are established by UNCLOS, and consist of its rights to a Territorial Sea and Contiguous Zone under Part II of UNCLOS, to an EEZ under Part V, and to a Continental Shelf under Part VI;

– Declares that China’s maritime claims in the SCS based on its so-called nine-dash line are contrary to UNCLOS and invalid;

– Requires China to bring its domestic legislation into conformity with its obligations under UNCLOS; and

– Requires that China desist from activities that violate the rights of the Philippines in its maritime domain in the West Philippine Sea.

The Philippines asserts that the Arbitral Tribunal has jurisdiction to hear and make an award based on its Notification and Statement of Claim because the dispute is about the interpretation and application by States Parties of their obligations under the UNCLOS. Article 287 (1) of UNCLOS provides that “settlement of disputes concerning the interpretation and application of this Convention” may be referred by the Parties for resolution under Part XV of UNCLOS.

The Philippines further asserts that the claim is well founded in fact and law based on the Notification and Statement of Claims and supplementary documents that will be submitted in the course of the arbitral proceedings.

Solicitor General Francis H. Jardeleza is the agent or legal representative for the Philippines in this Arbitral Proceedings. The lead counsel of the Philippines is Mr. Paul Reichler of Foley and Hoag LLP.

The Philippines has always asserted that international law including UNCLOS will be the great equalizer in resolving this dispute over the West Philippine Sea.

While we proceed with the legal track, the Philippines continuous to exert all efforts to move forward and enhance its relations with China on the basis of mutual respect.

We strongly believe that this action is the appropriate response to put our diplomatic relations in its proper context.

We hope that China would join us in this aspiration.

This ends our press briefing, ladies and gentlemen.

We will give you a set of questions with corresponding responses to complete your information.

We thank you as we understand you have a deadline to meet. END