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Elizabeth Marcelo - The Philippine Star
September 14, 2025 | 12:00am
MANILA, Philippines — More than filing diplomatic protests, the Department of Foreign Affairs (DFA) and other concerned government agencies must be proactive in debunking China’s false narrative that Bajo de Masinloc or Panatag Shoal is not part of Philippine territory, retired Supreme Court associate justice Antonio Carpio said.
“China’s declaration raises the issue of what state has sovereignty over Bajo de Masinloc – the Philippines or China. Thus, it is not enough for the Department of Foreign Affairs to lodge a perfunctory protest against China. The DFA must explain to the Filipino people and the world the legal and historical bases of Philippine sovereignty over Bajo de Masinloc,” Carpio said yesterday.
He issued the statement as Beijing last Sept. 10 bared its plan to establish a “national nature reserve” around Scarborough Shoal, which the Philippines calls Bajo de Masinloc or Panatag Shoal.
Carpio maintained that Bajo de Masinloc, which China calls Huangyan Island, is within the Philippine territory based on historical records and on various laws, most recent of which is Republic Act 12064 or the Philippine Maritime Zones Act.
“China’s declaration of a ‘national nature reserve’ at Bajo de Masinloc violates Philippine sovereignty because Bajo de Masinloc is Philippine territory under various laws… A state has the exclusive sovereign right to declare a nature reserve in its own territory and territorial sea,” Carpio said.
He said the DFA must particularly debunk China’s claim that the Philippine territory is limited to the islands ceded by Spain to the United States under the 1898 Treaty of Paris, which supposedly does not include Scarborough Shoal and the Spratly Islands.
Caprio explained that a subsequent treaty between Spain and the United States – the 1900 Treaty of Washington – specifically stated that the Spanish government also ceded to the US other islands of the Philippines outside the Treaty of Paris lines.
“However, the 1900 Treaty of Washington corrected the 1898 Treaty of Paris by stating that Spain also ceded to the United States ‘any and all islands belonging to the Philippine archipelago lying outside the lines’ of the 1898 Treaty of Paris,” Carpio said.
“Thus, the 1900 Treaty of Washington ceded to the United States Bajo de Masinloc and the Spratlys which lie outside the lines of the 1898 Treaty of Paris,” he added.
Carpio, a maritime law expert, said even the 1734, 1808 and 1875 official Spanish maps of Philippine territory include Bajo de Masinloc and the Spratlys as part of Philippine territory.
Carpio pointed out that the United States, during its occupation of the Philippines, adopted the 1875 Spanish map as the official map of Philippine territory since it was “the most complete and detailed map of Philippine territory at that time.”
“The DFA and other relevant government agencies must now agree on the legal and historical bases of Philippine sovereignty not only over Bajo de Masinloc and but also over the Kalayaan Island Group,” Carpio said.
“This is basic and fundamental in convincing the world of the justness and legality under international law of our sovereignty over the islands in the West Philippine Sea,” he added.
‘Destabilizing plans’
US Secretary of State Marco Rubio, meanwhile, lashed out at China for its “destabilizing plans,” as he emphasized the United States’ security commitment to the Philippines.
“Beijing claiming Scarborough Reef as a nature preserve is yet another coercive attempt to advance sweeping territorial and maritime claims in the South China Sea at the expense of its neighbors, including by preventing Filipino fishermen from accessing these traditional fishing grounds,” Rubio said. “China’s actions at Scarborough Reef continue to undermine regional stability,” he added.
He called on China to abide by the 2016 Arbitral Tribunal, which invalidated China’s expansive claims in the South China Sea and reaffirmed the Philippines’ maritime entitlements.
He stressed that the “unanimous decision that China had unlawfully prevented Filipino fishermen from engaging in traditional fishing at Scarborough Reef” is “final and legally binding on both parties.”
The DFA earlier said it was preparing to file a formal diplomatic protest against Beijing. National Security Adviser Eduardo Año called China’s move a pretext to occupation.
Meanwhile, the Philippine Army commenced on Friday its three-day block screening of the award-winning “Food Delivery: Fresh from the West Philippine Sea” film at the Venice Grand Canal Mall, Bonifacio Global City, Taguig.
The movie, which won Best Picture under the Tides of Change Category at the 2025 Doc Edge Festival in New Zealand, portrays the courage of Filipino soldiers and fisherfolk safeguarding the West Philippine Sea.
Army Vice Commander Maj. Gen. Efren Morados, representing Army chief Lt. Gen. Antonio Nafarrete at the event, commended director Baby Ruth Villarama and the Filipino creative sector for their initiative to inspire nationalism and honor Filipinos actively defending national sovereignty. The film screens until today. — Michael Punongbayan