MS. OSEÑA-PAEZ: Magandang umaga, Malacañang Press Corps, and welcome muli sa ating press briefing ngayong araw, December 11.

The M/L Kalayaan, one of the boats commissioned by the National Task for the West Philippine Sea to bring supplies to a grounded vessel at Ayungin Shoal suffered serious engine damage after being blasted with the water cannon by the China Coast Guard on Sunday.

In a statement, the National Task Force said, while traversing the West Philippine Sea, the boats were reportedly harassed and blocked by the CCG and Chinese Maritime Militia vessels. This was the second day in a row that the CCG fired water cannons at Philippine vessels following an incident on Saturday when a humanitarian mission from the Bureau of Fisheries and Aquatic Resources was also blocked.

And to tell us more about this, we have with us National Security Council Assistant Director General Jonathan Malaya; Department of Foreign Affairs Spokesperson Assistant Secretary Maria Teresita Daza; Philippine Coast Guard Spokesperson Commodore Jay Tarriela; Armed Forces of the Philippines Spokesperson Carlo Medel Aguilar; and Bureau of Fisheries and Aquatic Resources Spokesperson Nazario Briguera.

Good morning, everyone, ma’ams and sirs. We begin with the press briefing, sir.

NSC ADG MALAYA: Thank you. Thank you, Daphne. Good morning, everyone. And good morning to the members of the Malacañang Press Corps and to the rest of the public watching us right now.

The National Task Force-West Philippine Sea led by Secretary Eduardo Año vehemently condemns the illegal and aggressive actions carried out by the Chinese Coast Guard and Chinese Maritime Militia against the civilians, Bureau of Fisheries and Aquatic Resources or BFAR vessels in Bajo de Masinloc the other day, and against PCG vessels and Philippine supply boats during the regular RORE mission to BRP Sierra Madre in Ayungin Shoal yesterday. This is a serious escalation on the part of the agents of the People’s Republic of China.

The use of water cannons numerous times, long-range acoustic devices or LRADs, as well as other movements against the BFAR vessels which caused severe, though temporary discomfort and incapacitation to some Filipino crew, as well as dangerous and unsafe maneuvers is completely unacceptable.

Significant water cannon actions have also resulted in significant damage to BFAR vessel Datu Tamblot’s communication and navigation equipment as it was directly and deliberately blasted by the China Coast Guard.

On the other hand, in Ayungin Shoal, CCG vessel 5204 deployed water cannon against the Philippine supply vessels causing severe damage to M/L Kalayaan’s engines, disabling the vessel and seriously endangering the lives of its crew. BRP Sindangan safely towed M/L Kalayaan back to Ulugan Bay, Palawan. Additionally, BRP Cabra suffered damage to its mast after being blasted by the full strength of the water cannon of the Chinese Coast Guard.

The PCG vessels and resupply boats Unaizah Mae 1 and M/L Kalayaan were subjected to reckless and dangerous harassment at close range by CCG and Chinese Maritime Militia vessels on their approach to Ayungin Shoal. Worst, UM 1 was deliberately rammed by CCG 21556.

Despite Chinese attempts to obstruct and impede our missions, we wish to report to the Filipino people that the humanitarian and supply mission to our Filipino fishermen was a complete success mission-wise. We were able to deliver thousands of liters of fuel to some 30 fishing boats, as well as food and Noche Buena packages for them and their families. Some 30 tons of fish was also caught in BDM waters as result of the mission by DA-BFAR.

The regular RORE mission to BRP Sierra Madre was also a partial success with UM 1 successfully reaching LS-57 and unloading supplies to the gallant Filipino troops stationed therein.

China’s claim that the small and wooden Unaizah Mae 1 intentionally rammed a CCG vessel is the height of disinformation and fake news. It’s akin to claiming that the tricycle intentionally rammed a Victory Liner bus on its way to Baguio. We express grave concern over the deliberate disinformation campaign being waged Beijing using official channels. China’s claim that the United States is fueling the Philippine’s audacity for provocation similarly has no basis. The missions to Bajo de Masinloc and Ayungin Shoal are completely Philippine missions utilizing Philippine public vessels and Philippine troops. The United States has no involvement in the missions itself which could be the basis for this speculation from China.

We urge the Chinese side to exercise caution in making accusations without proof. Moreover, we wish to state for the nth time that there are no special temporary arrangements with China over the RORE missions to Ayungin Shoal. This so-called, “promise” to tow away BRP Sierra Madre has been discredited and debunked time and time again over the absence of proof or evidence to support the same. It is time to abandon debate over this figment of their imagination.

We urge China to exercise restraint in order to contribute to stability in our region. Water cannons and LDAR are primarily defensive tools. But as we clearly saw, they are current being used by China for aggressive and offensive purposes. China’s use of offensive tools, interference with Philippine vessels, harassment and intimidation of Filipino fisherfolk or any other activity that infringes upon the Philippines’ sovereignty and jurisdiction in Bajo de Masinloc are violations of international law, particularly UNCLO and the Arbitral Award.

The systematic and consistent manner in which the People’s Republic of China carries out these illegal and irresponsible actions puts into question and significant doubt the sincerity of its calls for peaceful dialogue. We demand that China demonstrates once and for all that it is a responsible and trustworthy member of the international community. And we thank the international community for their expressions of support at this time.

As clearly stated by the President in his statement last night, the Philippines will never be deterred from exercising our legal rights over our maritime zones, including Bajo de Masinloc and Ayungin Shoal, which forms part of our exclusive economic zone and continental shelf.

Maraming salamat po.

MS. OSEÑA-PAEZ: Thank you, Director General Jonathan Malaya. And now we will hear from Coast Guard Spokesperson Commodore Jay Tarriela.

PCG COMMODORE TARRIELA: Hi! Good morning, everyone. I prepared a briefing for this morning’s press conference.

On the part of the Philippine Coast Guard, we will be discussing the operational details of the resupply, the recently completed resupply mission. And, of course, after this briefing, we’re going to discuss as well the operational details of the humanitarian mission of the Bureau of Fisheries and Aquatic Resources last Saturday.

For the last completed RORE mission yesterday, as you are aware, there were two Philippine Coast Guard vessels that our Commandant Ronnie Gil Gavan deployed to support the resupply mission of the Armed Forces of the Philippines, the BRP Sindangan and the BRP Cabra, to support the resupply boats of the Armed Forces of the Philippines, M/L Kalayaan and Unaizah Mae 1.

The operational area, the Philippine Coast Guard vessels came from Buliluyan Port and proceeded to the staging area in Sabina Shoal that has a distance of 90.5 nautical miles. And then from there, in Sabina, we’re going to proceed together with the resupply boats going to Ayungin Shoal with a total distance of 14 nautical miles.

As early as 5:40 in the morning of December 10, we were able to monitor an unknown Chinese Maritime Militia vessel because we were not able to see the bow number of this vessel and it’s already conducting dangerous maneuver towards the resupply contingent.

Around 5:50 in the morning, China Coast Guard vessel 5204 already started using its water cannon against M/L Kalayaan, more than three times, with about five minutes intervals. As you can see on the video, and during this time, around 5:50, there are already four Chinese Coast Guard vessels that are shadowing the entire supply contingent.

Around 5:58, you can see the Chinese Maritime Militia, not just the Chinese Coast Guard, actively participating and blocking the Philippine Coast Guard vessel in support of this China Coast Guard so that the MRRV-4409 will also be separated from the resupply boats that’s she is escorting.

As you can see, MRRV-4409 was already blocked by the China Coast Guard vessel and the two Chinese Maritime Militia. They were successful in separating the Philippine Coast Guard vessel 4409 that is the designated escort for Unaizah Mae 1.

Around 6:11 in the morning, M/L Kalayaan already received a direct hit of water cannon coming from China Coast Guard 5204. At a distance of around .5 nautical miles is the Philippine Coast Guard vessel MRRV-4407 documenting how the China Coast Guard vessel and Chinese Maritime Militia is preventing M/L Kalayaan from proceeding to its mission.

Around 6:20, nine minutes after M/L Kalayaan was directly hit by the China Coast Guard vessel, the Philippine Coast Guard proceeded to its location noting the fact that it’s no longer moving. It means that it has already engine troubled. This is the reason why M/L Kalayaan from this moment on until the completion of the resupply mission, it was already securely moored together with MRRV-4407. In short, it no longer has the capability to proceed to its mission.

Around 6:24 on the other hand, the other Coast Guard vessel MRRV-4409 was also being sprinkled by the Chinese Coast Guard as it escorted Unaizah Mae 1. Probably, you are wondering with the videos that were twitted by Rey Powell, wherein Unaizah Mae I was also separated from its Coast Guard escort, it’s because of this. MRRV-4409 was also corralled at this particular time, also almost the same time that Unaizah Mae 1 had a near collision with the Chinese Coast Guard and also being water cannoned.

This was the video that I am referring to, around 6:39, you can see that Unaizah Mae 1 is almost having a near collision with this Chinese Coast Guard vessel as she’s also being water cannoned at the same time. Interestingly, three hours after this incident, the Chinese government, through the Chinese Coast Guard, already released this statement saying it is the resupply boat that caused the collision between the Chinese Coast Guard and our resupply boat.

That is why around 7:04, it was already decided by the Armed Forces of the Philippines that M/L Kalayaan will no longer proceed in completing its resupply mission. It was already decided that it would be towed back by MRRV-4407 to return to Palawan.

Around 8:00 A.M., Unaizah Mae 1 was already successful in entering the shoal for her to proceed in unloading her cargo onboard BRP Sierra Madre. For almost three hours of unloading the cargo, Unaizah Mae 1 had already departed from BRP Sierra Madre and went outside of the shoal in Ayungin.

However, while the Philippine Coast Guard vessel MRRV-4409, the designated escort for Unaizah Mae 1, was waiting for Unaizah Mae 1 to complete her unloading of cargo, the Philippine Coast Guard is experiencing this dangerous maneuver from China Coast Guard vessel and the Chinese Maritime Militia.

In total, the Philippine Coast Guard has documented the presence of all these Coast Guard vessels; there were seven of them. This is the first time that we were able to see such numerous number of China Coast Guard vessels deployed to prevent the Philippine government in completing our resupply operation in Ayungin Shoal.

These are the Chinese Maritime Militia that we have clearly identified as the one who really participated in blocking the Philippine Coast Guard vessels and the resupply boats.

It is also worth noting that we have also seen the two PLA Navy vessels in that particular location in Second Thomas Shoal. Although they are maintaining a certain distance away from the resupply contingent, but it’s important for us to note that the PLA Navy has also deployed these two vessels.

In total, we were able to physically monitor 14 Chinese Maritime Militia and 22 Chinese Maritime Militia through AIS, that means they have deployed 36 Chinese Maritime Militia and eight China Coast Guard vessels. So, 36 plus 8, that’s 44, and then two PLA Navy, that’s 46. This is the largest number of maritime forces that we have documented so far in the previous months.

These are the list of radio challenges that we conducted on the part of BRP Sindangan, we had 27 challenging the China Coast Guard vessel and Chinese Maritime Militia. It received also 15 from the China Coast Guard. On the part of BRP Cabra, they challenged these Chinese Maritime forces for 74 times; they were only challenged eight times. At least this time, we are now compliant with the guidance of the Department of Foreign Affairs for us to constantly and persistently challenge the presence of these maritime forces from China. As you can see, we have more number of times that we challenged the presence of the China Coast Guard more than they have challenged us.

And then, at the same time, in blocking the Philippine Coast Guard vessels, we noted that there were three Chinese Maritime Militia that actively blocked the Coast Guard vessels at a distance only of 10 yards and the other is 20 meters.

For the dangerous maneuvers, we have identified at least five instances that the dangerous maneuvers were conducted against the Philippines Coast Guard vessels. It’s worth noting that four of these dangerous maneuvers were conducted by the China Coast Guard and there is only one unidentified Chinese vessel, most like a Chinese Maritime Militia that did the dangerous maneuver against MRRV-4409.

For the water cannon incident, we reported that there were four instances that the water cannon, our government vessels for the BRP Cabra, BRP Sindangan, UM 1 and M/L Kalayaan.

However, it’s worth noting that for M/L Kalayaan, they used their water cannon three times at approximate interval of five minutes each. And this was also a direct hit that damaged the M/L Kalayaan.

Next slide, that ends my briefing for the operational details of the resupply mission.

MS. OSEÑA-PAEZ: Thank you, Commodore Tarriela. And now we hear from AFP Spokesperson Colonel Aguilar.

AFP SPOKESPERSON COL. AGUILAR: Thank you. Good morning to everybody. First, the Armed Forces of the Philippines condemns the illegal and irresponsible actions of the China Coast Guard and its Maritime Militia against Filipino vessel Unaizah Mae 1 and M/L Kalayaan which the Armed Forces of the Philippines commissioned for its regular rotation and resupply mission to military personnel deployed at BRP Sierra Madre at the Ayungin Shoal.

The China Coast Guard—can you please show the slide. The China Coast Guard wantonly disregarded maritime safety and demonstrated unprofessional behavior starting at 5:53 A.M. yesterday. It unleashed its water cannon several times, resulting to engine malfunction of M/L Kalayaan, and that is why it has be towed back to Palawan port by a coast guard vessel.

As you can see, this is the incident inside M/L Kalayaan, how they were jolted by the strong pressure coming from the water cannon of China Coast Guard.

Aside from that, the Chinese Coast Guard also performed dangerous maneuvers to another vessel in an attempt to derail our resupply mission. It happened at 6:35 A.M. when China Coast Guard vessel 21556 fired its water cannon in front of Unaizah Mae 1 while dangerously and closely sailing 30 meters on our vessel starboard side. These irresponsible and dangerous actions led to a collision at 6:39 A.M. that damaged one of the posts of Unaizah Mae 1.

I also showed with you the post of … the report made by the China Coast Guard that was published online. And on the left, of course, the real situation as taken by video footage inside the Unaizah Mae 1. So you can see the [unclear] contrast of the narrative of China Coast Guard to what really happened.

Next slide please. Also another video, before the collision took place. As you can see, the water cannon is directly hitting Unaizah Mae 1. And another video: So, you can see the water cannon pointed in front Unaizah Mae 1 to limit its movement. And later on, you will see where that Coast Guard vessel is located which is 30 meters before the collision incident happened.

We hold China Coast Guard responsible for the damages our vessels incurred. Let the world know, that on occasion of the 75th Anniversary of the Universal Declaration of Human Rights, the China Coast Guard committed transgressions that endangered human lives.

China Coast Guard and its maritime militia have no right to interfere in our routine and legitimate operations. Ayungin Shoal is within our Exclusive Economic Zone, and their presence and actions are undermining the peace and stability in the West Philippine Sea.

Thank you.

MS. OSEÑA-PAEZ: Thank you, Colonel Aguilar. Now, will hear from DFA Spokesperson Maria Teresita Daza.

DFA SPOKESPERSON DAZA: Thanks Daphne, and good morning to all of you.

The Department of Foreign Affairs is committed to pursue its mandate of protecting and upholding the Philippine Legal Maritime Entitlements in the West Philippine Sea, and is neutralizing all forms of diplomatic actions available.

We note that this is the fourth time this year, with the two incidents happening just over the weekend that water cannons have been used against Philippines vessels. More alarmingly, this is the third incident were dangerous maneuvers by Chinese Vessels have resulted in a collision since 2022 of October RoRe mission.

Our Philippine Embassy in Beijing had made a demarche to the Chinese Ministry of Foreign Affairs yesterday. The demarche included in the agenda, the incidents in the Bajo de Masinloc last Saturday and in the Ayungin Shoal yesterday. The Department of Foreign Affairs has also lodged a protest to maritime communication mechanism yesterday while the RoRe mission was underway. The Chinese ambassador has also been summoned.

Bajo de Masinloc is an integral part of Philippine territory and over which the Philippines has sovereignty and jurisdiction. China’s action on 9 December, dowsing a Philippine vessel using water cannon are serous actions aimed at preventing Philippine authorities from undertaking legitimate activities around the area. These actions violate the Philippines sovereignty and jurisdiction, and a threat to peace, good order and security.

We reiterate that the resupply mission to the BRP Sierra Madre on Ayungin Shoal on 10 December is a legitimate exercise of the Philippines given that the feature is part of our Exclusive Economic Zone and continental shelf. The Philippines has sovereign rights in jurisdiction over it. As a low tide elevation, Ayungin Shoal can neither be subject of a sovereignty claim nor is it capable of appropriation under international law.

China’s purported exercise of maritime law enforcement powers, interference with Philippines rotation and resupply missions, harassment and intimidation of Philippine fisherfolk or any other activity that infringes upon Philippine sovereign and jurisdiction in Bajo Masinloc and the Philippine sovereign rights in jurisdiction in Ayungin Shoal are violation of international law particularly the UN Convention and Law of the Sea.

The Department of Foreign Affairs will not tire of conveying this position on Bajo de Masinloc and Ayungin Shoal to Chinese side, inspired by our steadfast uniformed personnel on the BRP Sierra Madre and the services that are committed to their support and sustenance.

Philippines activities in both features are legitimate and undertaken pursuant to UNCLOS, the constitution of the oceans. Our policies remain anchored on the 2o16 Arbitral Award and our commitment as a state party to UNCLOS. It is regrettable that yesterday, the 10th of December is also the 41st Anniversary of UNCLOS and the day was commemorated with such violation of the convention.

Once again, we thank the international community for the continued expression and support to the Philippines and the defense of rules-based international order. We will continue to call on China to be a responsible member of the International community and abide by its commitments, desist from undertaking actions that violate Philippine sovereignty, sovereign rights and jurisdiction in the West Philippine Sea, and undermine the mutual trust and confidence that should underpin bilateral relation.

End of statement. Thank you.

MS. OSEÑA-PAEZ: Thank you, Assistant Secretary Teresita Daza. Now, we open the floor to questions from the media. We start with Tristan Nodalo of CNN.

TRISTAN NODALO/CNN: Hi! Good morning po, Ambassador Tess. Just to be clear po, iyong Philippines nag-file na ng diplomatic protest over this incident po through the démarche and the maritime mechanism?

DFA SPOKESPERSON DAZA: Yes, thank you, Tristan, for your question. Yes, we use the maritime communication mechanism, and it was used yesterday at 12 o’ clock noon. The Department of Foreign Affairs lodged its diplomatic protest with the Chinese Ministry of Foreign Affairs counterpart through a phone call.

And in terms of the démarche undertaken by our Philippine Embassy in Beijing, yes, we confirmed that our Philippine Embassy in Beijing has made the démarche to the Chinese Ministry of Foreign Affairs official yesterday concerning the Bajo de Masinloc incident and the Ayungin Shoal incident.

As I also mentioned, we are also summoning the Ambassador from the Chinese embassy in Manila later this afternoon to protest the incident.

So there were three actions that were undertaken.

TRISTAN NODALO/CNN: Just one follow-up lang po, ma’am. So iyong kay Ambassador Huang po, kasi there are also calls from lawmakers to recall the ambassador or declare him as persona non grata. Is this something that the DFA po ay puwede bang gawin iyon or it’s the call of China to recall their ambassador?

DFA SPOKESPERSON DAZA: When an ambassador assumes, he is accepted by the accrediting host government. If you do something or say something that is unwelcomed, then you can be subject what they call persona non grata. But with this case, I think it’s something that will have to be seriously considered whether the incidents or the series of incidents merit having him be a persona non grata.

But I would also like to add this: An ambassador is supposed to build bridges, is supposed to enhance relation, and not strain relation. So we are calling that they actually … he assumes that he will try to do his best to actually enhance relations between the two countries just as we expect our ambassadors posted abroad to do the same.

MS. OSEÑA-PAEZ: Okay. Celerina Monte, NHK.

CELERINA MONTE/NHK: Good morning, ma’am. Just a follow-up on his question. You have mentioned about this, that the government is or the DFA is seriously considering or studying whether it would merit the declaration of the ambassador as persona non grata. Will the DFA recommend it to the President? Or who would decide?

DFA SPOKESPERSON DAZA: What I said was I think, in terms of the diplomatic options that are available to a country, there is a whole range of diplomatic actions from protest, from summoning, from … and the extreme, of course, if you actually would consider the ambassador as a persona non grata. But it is something that has to be seriously considered. I did not say that we’re considering it; I said that it is something that will have to be seriously considered whether it merits to have an ambassador we considered a PNG.

Because as I also want to express, PNG, when you do that, that is at a certain level already and they are both intended and unintended consequences, and that is a reason why a serious consideration should actually be undertaken.

We note that the legislative body has … actually several of our esteemed legislators have actually called for this because of their observations of what it is happening in the course of several months. So it is something that is actually has been floated, yes.

CELERINA MONTE/NHK: As a sign of our protest on the other hand, are we planning to like, I don’t know the right word if it’s recall or what, our own ambassador in China?

DFA SPOKESPERSON DAZA: I have no information on that at the moment.

MS. OSEÑA-PAEZ: Okay. Alvin Baltazar, PBS.

ALVIN BALTAZAR/PBS: Asec. Daza, good afternoon po. Asec., just to be specific: Anu-anong mga bansa na iyong nag-express ng support sa Pilipinas after this dangerous maneuver of Chinese Coast Guard?

DFA SPOKESPERSON DAZA: Yes, as I mentioned, we’re very appreciative of the fact that many countries have actually expressed support for the Philippines. As our latest count is that there have been 14 or so, among them are France, US, Japan, Ireland, Australia, Canada, Denmark, EU, Germany, Netherland, New Zealand, UK among the countries that have actually already signified support for our position and also expressed concern about what is happening in the waters, in our waters. Because this, the incident is actually quite serious not only because it actually can cause damage not only the vessels but it can also be harmful to the ones who are manning the vessels, but it does not contribute to peace and security in the region.

MS. OSEÑA-PAEZ: Harley Valbuena, DZME.

HARLEY VALBUENA/DZME: Hell0! Good morning, sirs and ma’ams. These things just keep on happening and happening, almost every time we do RORE missions. So don’t you think that it is the proper time to do a more intensified action against China? Because I think this will keep on happening kapag nga nagkaroon po ulit tayo ng RORE missions kung wala po tayong gagawin.

DFA SPOKESPERSON DAZA: I know this has actually been raised. But I’d like to underscore the importance of protest because coming from DFA, it’s important for us to stress this: A protest has both diplomatic and legal function. First, they express state’s official position on a certain issue allows us to assert our rights and also prevents the [unclear] to positions or rights asserted by other states. So in the West Philippine Sea, a protest issued by the department is actually very important.

At the same time, they are official positions. And that is the reason why and I’d like to explain this, sometimes some of you would be impatient, how come DFA has not responded, why have we not … has the protest been undertaken. This takes a little bit of time and a little bit … we have to wait and assess, and before a decision whether to protest or not is undertaken.

Because they are official position, they have actually legal value because they are evidence of state practice. China is underscoring its position based on customary practice. If you agree to that and you don’t say anything, then you are saying that, “Yes, they’re on the right.” But we’re saying, “No, they are not on the right.” Not only are we supported by UNCLOS, more importantly, this has been reaffirmed by the Arbitral Award.

So it has a legal value as evidence of state practice, a protest as a formal record of the incident, and this may be used by the Philippines for any legal action that it may choose to undertake in the future.

As to other actions that will be undertaken, I think I leave it to the other gentlemen to actually respond. Thank you.

HARLEY VALBUENA/DZME: Question lang po kay Commodore Tarriela and also to Colonel Aguilar. Sir, tanong ko lang: Mayroon ba tayong available vessels that have the capacity to do a water cannon?

PCG COMMODORE TARRIELA: Yes, all of our Coast Guard vessels have water cannon. But let me stress the fact ‘no, for the Philippine Coast Guard, we believe that the water cannons that are placed on our vessels are intended for us to carry out our duty in combating fire at sea. This is not something that we consider as an offensive weapon to damage any other vessel.

We believe that if we are going to be consistent with that kind of behavior as a coast guard organization, we don’t need to go down to the level of the Chinese Coast Guard, using their water cannon to use it as an offensive weapon and damaging the other vessels.

Again, the coast guard organization here in the region has something to do with maritime safety. And with what the China Coast Guard is doing, obviously it doesn’t conform with the regional standard of promoting safety.

HARLEY VALBUENA/DZME: So, sir, every time the Chinese vessels blast us with their water cannons, we cannot do counter water cannon on them?

PCG COMMODORE TARRIELA: Again, we choose to maintain our moral high ground. You know, if they are going to choose to do that kind of barbaric attack to prevent the Philippine Coast Guard or the Armed Forces of the Philippines in completing our resupply operation, then let them be so.

But for the Philippine Coast Guard, using a water canon to respond to such attack is something that we are not going to do. Secondly, we abide with the guidance of the President, that we don’t have to do anything stupid to escalate the tension.

NSC ADG MALAYA: Just to add to the answers ‘no. The National Task Force-West Philippine Sea has prepared a new national strategy on the West Philippine Sea. And we have made some adjustments given the recent developments and we hope to be able to present this to the President very soon.

So if the question is, will there be adjustments in our movements? Yes, as soon as the President approves the national strategy because the President himself is concerned. In his recent statement yesterday, he has expressed his deep concern and his commitment to these missions that we are undertaking. So, in consonance with this policy direction, the national strategy has been prepared for the NTF-WPS for his appreciation.

ROMERO/PHIL. STAR: To Asec. Daza. If I remember correctly, President Marcos and President Xi agreed to lower the temperature in the West Philippine Sea during their latest meeting in the US. Whatever happened to that commitment?

DFA SPOKESPERSON DAZA: We are asking the same thing because there is a dissonance between what is being said and promised between what’s happening in the waters. And that is the reason why we are calling on China to be a responsible member of the international community and it is a signatory to UNCLOS, to abide by UNCLOS, and for us also, the arbitral tribunal award.

ROMERO/PHIL. STAR: Second question, Asec. Whatever happened to the plan to set up a hotline, communication hotline to prevent similar incidents? Because apparently, despite the agreement to set-up such a mechanism, these kinds of incidents persist.

DFA SPOKESPERSON DAZA: Alexis, there is already a communication mechanism, but we call it a communication mechanism; China wants to call it a hotline. But as I mentioned earlier, it has been used for this one. That was what was used to actually present our protest against what was happening during the weekend. So, the hotline is actually operational at the level of respective offices in the ministry in the Department of Foreign Affairs.

ROMERO/PHIL. STAR: But, Asec., that’s for the protest. But If I remember correctly, the hotline or communication mechanism was supposed to be an effort or an attempt to prevent such incidents. So, is it really working?

DFA SPOKESPERSON DAZA: There are different mechanisms already in place to actually discuss and manage these relations, and both in bilateral and even in terms of regional measures. But, the hotline will only work if both are actually sincere in actually making sure that they, first, they answer and then they actually … don’t just actually speak and present their narratives, but figure out how they will actually seriously manage it.

So far, we have actually been using the hotline. We’ve used it as I mentioned with this one. Although, I would like to say on the side that it took a little bit of time before they actually responded. And when they did respond, it was another number that they actually used. So, it’s something that … that is something that will have to be worked out. But the hotline is just one. You have to actually look at other and exhaust the other mechanisms to see how things, but there has to be sincerity in terms of making sure that you’d like to really manage it and make sure that you actually see how you can avoid conflicts.

EDEN SANTOS/NET 25: Aside po from documenting the harassment and the maneuverings, is there any actions or measures ang AFP and PCG para po seryosohin tayo ng CCG at itigil po nila iyong kanilang ginagawa? And ano po ba iyong mas particular na detalye ng national strategy na binabanggit po ni Asec. Malaya? Mag-iiba ba tayo ng ruta na tipong hindi tayo dadaan kung nasaan iyong mga Chinese vessels? Thank you.

AFP CHIEF COL. AGUILAR: We will not disclose operational matters. As what our Spokesperson from the NTF-WPS, there are changes, there will be adjustments in the strategy. So we will just follow.

IVAN MAYRINA/GMA7: Addressing this question to ADG Malaya and Col. Aguilar. Would you consider it a next-level aggression and provocation that the China Coast Guard blasted a vessel with water cannon where the Chief of Staff of the Armed Forces was actually on board and he personally witnessed it? Wouldn’t that be considered an act of war or maybe, I don’t know? Papaano po tinitingnan ito ng Armed Forces?

AFP CHIEF COL. AGUILAR: It was a regular RORE mission for us. Of course, there were contingencies prepared because of the presence of the Chief of Staff. But, he was there to experience for himself first-hand what China is doing to our RORE mission. And he was there also because he was sent to convey the message of the President to our troops that are manning BRP Sierra Madre and to share early Noche Buena because some of our troops there will be there for Christmas or New Year, and these are sacrifices that our soldiers have to perform. And I think this is very much appreciated now by our people, and thank you for that.

MAYRINA/GMA7: So that attack was not an act of war?

AFP CHIEF COL. AGUILAR: It’s not for us to declare that.

NSC ADG MALAYA: I think, Ivan, I think the whole world, the Filipino people and the whole world know and have seen that the incidents of the past two days is a serious escalation on the part of the People’s Republic of China. Because what we have been doing has been Standard Operation Procedure. We are not doing anything different. We always do this humanitarian and supply missions to Bajo de Masinloc in support of our fishermen. We do regular RORE missions to Ayungin, but the actions that they have shown in the past few days really have shown a desire on their part to escalate situations. And primarily because there has been significant damage to Philippine vessels in terms of their navigation equipment, in terms of communications equipment, and in terms of engine of the M/L Kalayaan, so we are taking this very seriously.

But is this an act of war? We don’t think so. This is just part of the cat-and-mouse game that China seems to be utilizing to further its own interests. On the part of the Philippines, as we have repeatedly said, we shall remain undeterred and we will continue to conduct these missions in support of our troops and our fishermen wherever they may be in the West Philippine Sea.

MORELLA/AFP: To Asec. Daza. What time is Ambassador Wang being summoned so that we can document it?

DFA SPOKESPERSON DAZA: I am not at liberty to say, but I can say that it’s in the afternoon.

MORELLA/AFP: To Assistant Secretary Malaya. The adjustments that you will propose to the President in reference to the resupply, RORE missions, is that an acknowledgment that China has succeeded so far in whatever it’s doing with regard to the Philippine missions in the West Philippine Sea?

NSC ADG MALAYA: Not necessarily. As I stated in my opening statement, we have, in fact, been successful in undertaking our missions, mission-wise. We were able to deliver the food, the fuel to our fishermen which has resulted in significant catch for them, and we were also partially successful in the RORE missions because the Chief of Staff as mentioned was present and was able to experience it and was able to talk directly to our troops in BRP Sierra Madre.

So, if you look at it in that angle, China has not been successful in impeding or obstructing. Because if you look at their statements coming from the Chinese Foreign Ministry, their statement says that they were able to regulate the movements of Philippines vessels. No, they were not. They attempted to impede; they attempted to obstruct, but our vessels were skillful enough to be able to proceed and conduct the missions despite the provocative and dangerous actions undertaken.

Now on the part of the disinformation campaign, they are also on the losing side because we have shown to the world that the narrative coming from China is not true and it’s part of disinformation and fake news. Therefore, in so far as the narrative in the global community, it is the Philippines side that’s winning.

MORELLA/AFP: Theoretically the Chinese Coast Guard and their Maritime Militia vessels have the capacity to block entirely the lagoon towards the entrance of BRP Sierra Madre. What will be our option if and when that happens, it will happen? They will park the bus, so to speak.

AFP CHIEF COL. AGUILAR: Again, we cannot disclose operational matters.

DFA SPOKESPERSON DAZA: ADG Malaya spoke about narratives, can I just respond to three positions that have actually been raised by the Spokesperson of the Ministry of Foreign Affairs? So, in one of—which has actually been asked me by the press, I will not … it’s pretty lengthy and I can share it afterwards, but I will just respond to three.

First, the narrative that they are saying that China has indisputable sovereignty over the entire West Philippine Sea or South China Sea. This is a narrative that China has espoused and it has no basis in international law in particular by UNCLOS and the 2016 Arbitral Award that clarify the supposed historic rights asserted by China over the South China Sea is illegal, null and void.

In response to having lost the argument in the tribunal, China has sought to nullify the award which has validity handed down by the properly constituted Arbitral Tribunal. UNCLOS is a robust and comprehensive framework on maritime zones of coastal states and the rights and entitlements of coastal states. When China was exercising rights in passing through the China Sea in olden times, it was via exercising their freedom of navigation and not because they owned the entire South China Sea. Its historical navigation of the South China Sea cannot be used as a basis for ownership of the same. Certainly, the South China Sea now or in history was plied by many peoples and cultures. That’s narrative one.

The second, they are saying that the Arbitral Tribunal Award in the South China Sea arbitration violated the principle of state consent. UNCLOS has considered the possibility of one party choosing to not participate in proceedings. It has provided for this in Article 9 of Annex 2 of UNCLOS, which provides that if one of the parties to the disputes does not appear before the Arbitral Tribunal or fails to defend the case, the other party may request the tribunal to continue the proceedings and to make its award. Absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings. Before making its award, the arbitral tribunal must satisfy itself not only that it has jurisdiction over the dispute, but also that the claim is well-founded in fact and law. As stated in the Tribunal Award, the tribunal has continued the proceedings confirming that despite its non-appearance, China remains a party to the arbitration with the ensuing rights and obligation, including that it was bound under international law by any decision at the tribunal.

The Arbitral Tribunal has also taken steps to ensure procedural fairness, ascertain China’s position on the issues for decision based on the statements made by the Chinese official publicly and in communications to the members of the tribunal. It has also made a thorough review of materials placed before it by the Philippines. The tribunal has also taken steps to satisfy itself of its jurisdiction and the legal and factual foundations of the Philippines’ claim to obtain independent experts’ input, reviewing other materials in the public domain and in inviting further comments when the parties of these sources.

The next is last, although that is not the many narratives, its construction and deployment of necessary defense facilities in many of the reclaimed features are actually legitimate, lawful, and beyond reproach. These activities would be legitimate if the waters being referred to by China are within their EEZ. In the South China Sea and in the West Philippine Sea in particular, China‘s unilateral claim was sovereignty over the entire South China Sea based on alleged historic rights is illegal, null and void.

Under UNCLOS, construction of artificial islands, conduct of maritime scientific research, and exercise of maritime law enforcement powers of the appropriate maritime entitlements are within the exclusive rights of the coastal state. China should follow UNCLOS, to which it is a state party, and not reinterpret and distort the treaty in order to unilaterally impose its will to the rest of the Southeast Asian Nation.

That’s just three. There are more narratives, but we can actually go through that in another session.

MS. OSEÑA-PAEZ: Okay. Thank you, Asec. Daza. Before we end this briefing, we have a question for BFAR. Please make a statement.

BFAR SPOKESPERSON BRIGUERA: But on the part of BFAR, after all the things have been said, if there is another voice that we should all hear is the voice of the Filipino fisherfolk. So the Bureau of Fisheries and Aquatic Resources representing the interest and welfare of the Filipino fisherfolk calls on the Chinese government to stop this aggressive activity and refrain from intimidating and harassing our Filipino fisherfolk who are just lawfully and peacefully fishing in Bajo de Masinloc knowing that it is part of our national territory.

At any rate, the BFAR, despite these challenges, will not be deterred to continue implementing projects that would support our Filipino fisherfolk. In fact, the recent mission in Bajo de Masinloc is actually part of implementing the Layag WPS Project of the Bureau of Fisheries and Aquatic Resources, and that is the Livelihood Activities to Enhance Fisheries Yields in Economic Gains from the West Philippine Sea. So, we aim with this project to equip Filipino fisherfolk with fishing gear and technology to boost their productivity in the resource-reached WPS.

In carrying sustainable fishery management, anchored and applicable laws, codes, authorizations or rules, we will continue to collaborate with concerned government agencies and units to ensure the seamless delivery of livelihood services to the West Philippine Sea fisherfolk. We commit to increase, to sustainably increase our fisher’s production to help in the administration campaign in attaining food security.

Thank you.

MS. OSEÑA-PAEZ: Thank you, BFAR Spokesperson Briguera.

Before we end, maybe we would like to hear from Director General Malaya to close this press conference. The position of the Philippines is very clear, there are still a lot of questions; this is a developing store. We would like to end the press conference with a few words from Director General Malaya.

NSC ADG MALAYA: Thank you, Daphne. Maybe, I will end the press conference by sharing a good news. On the part of “Atin Ito”, the Christmas caravan that was civilian-led, we are just supporting the caravan. They reported to us that one of their supply boats, M/L Chowee was able to reach Lawak Island at five o’clock this morning and that the donations that were intended for our troops in BRP Sierra Madre and many parts of the West Philippine Sea have turned over to our troops there, and the rest of the donations are going to be transferred to the Philippines Coast Guard and the Armed Forces of the Philippines Wescom for their distribution to our troops in the West Philippine Sea.

So, the commitment of the National Task Force-West Philippine Sea to the welfare and good … and the welfare of our gallant troops in the West Philippine Sea is there. And we’ll continue, we salute them and commend them for their gallantry commitment and dedication to service. Thank you very much.

MS. OSEÑA-PAEZ: Thank you so much. And on that note, this ends our press briefing. Thank you, Malacañang Press Corps and our foreign media as well. And thank you to our panel.

Magandang hapon at mabuhay ang Pilipinas.

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