Retired Supreme Court Senior Associate Justice Antonio T. Carpio is urging the Philippine government to initiate a new international arbitration case to address the territorial dispute in the West Philippine Sea — this time focusing on sovereignty over the Kalayaan Island Group.
In his interview on One News, Carpio stressed that the Philippines has strong historical and legal foundations to assert its claim, including maps dating back to 1734.
Oldest Maps Support PH Claim
Carpio pointed to the 1734 Pedro Murillo Velarde Map — the first official map of Philippine territory during the Spanish period — which already depicted the Spratlys (then referred to as Los Baos de Paragua, or shoals of Palawan). He noted that subsequent official maps in 1808 and 1875 consistently included the area as part of the Philippine archipelago.
According to Carpio, China’s earliest map asserting claims over the Spratlys appeared only in 1947 — centuries after Philippine maps had already documented the area.
He emphasized the principle of res nullius — land not claimed by any state — arguing that when the Philippines first included the islands in its official maps, no other country had laid claim to them.
Bring the Case to Arbitration
Carpio said the Philippines “cannot lose” in arbitration because of the strength of its historical documentation and treaty basis.
He suggested that the Department of Foreign Affairs (DFA), supported by the Office of the Solicitor General (OSG), should take the lead — similar to the successful 2013 arbitration case under the United Nations Convention on the Law of the Sea (UNCLOS), which resulted in the landmark 2016 ruling in favor of the Philippines.
However, Carpio clarified that while UNCLOS covers maritime disputes, a territorial dispute over sovereignty would need to be filed before the International Court of Justice (ICJ). Such a case would require China’s consent to proceed.
Political Will Is Key
When asked whether diplomatic considerations — such as ASEAN engagements — may be preventing action, Carpio said the issue ultimately boils down to political will.
“Filing arbitration is part of diplomacy,” he explained. Negotiation, mediation, and arbitration are all tools available to states. The decision, he noted, rests with the President.
Carpio remains confident: the Philippines won overwhelmingly in 2016 despite skepticism at the time — and he believes it can prevail again.
🎥 Watch the full interview here: