The Department of Foreign Affairs takes note of the latest statement of the Embassy of the People’s Republic of China regarding Ayungin Shoal and the BRP Sierra Madre.
The Philippine Government categorically rejects the assertion that the Philippines has repeatedly promised to tow away or remove the BRP Sierra Madre from Ayungin Shoal. There is no agreement between the Philippines and China obligating the Philippines to remove the BRP Sierra Madre, a commissioned Philippine naval vessel permanently stationed in Ayungin Shoal.
The Department reaffirms that Ayungin Shoal forms part of the exclusive economic zone and continental shelf of the Philippines, in accordance with the United Nations Convention on the Law of the Sea (UNCLOS) as upheld by the 2016 South China Sea Arbitral Award.
As a low-tide elevation, Ayungin is not capable of generating maritime entitlements of its own and can neither be the subject of a sovereignty claim nor is it capable of appropriation under international law. Accordingly, China’s exercise of maritime law enforcement powers infringes on Philippines’ sovereign rights and jurisdiction in Ayungin Shoal and are violations of international law.
The Department also rejects the Chinese Embassy’s mischaracterization of the Philippine Maritime Zones Act (Republic Act No. 12064). The Act is an exercise of the Philippines’ sovereign prerogative to define and establish its maritime zones consistent with UNCLOS and international law.
The 2016 Arbitral Award is final and binding on the Philippines and China. It was rendered by an arbitral tribunal constituted under Annex VII of UNCLOS – to which both the Philippines and China are States Parties. The Philippines calls on China to respect and fulfill its obligations under international law.
The Philippines remains committed to dialogue, diplomacy, and the peaceful settlement of disputes in accordance with international law. At the same time, it will continue to exercise its rights responsibly and peacefully and to undertake lawful activities to uphold its sovereignty, sovereign rights, and jurisdiction. END
