Retired Supreme Court Senior Associate Justice Antonio T. Carpio is pushing for the Philippines to file a new case against China, this time focusing on violations of Filipino fishing rights in the West Philippine Sea.
He said the landmark 2016 arbitral ruling—while already a major legal victory—can still be used further to protect Filipino fishermen from continued interference in Philippine waters.
Building on the 2016 Arbitral Victory
Retired Senior Associate Justice Carpio emphasized that the 2016 ruling did more than invalidate China’s “nine-dash line” claim.
He noted that the decision also recognized traditional fishing rights, particularly in areas like Scarborough Shoal, which lies within the Philippines’ exclusive economic zone.
According to him, these rights provide a strong legal basis for a new international case if China continues to restrict Filipino fishermen.
Case Focus: Fishing Rights Violations
Retired Senior Associate Justice Carpio said a new legal action could specifically address China’s actions that prevent Filipino fishermen from accessing traditional fishing grounds.
Such a case would aim to enforce rights already recognized under international law and the arbitral ruling.
He has long maintained that under the Constitution, Philippine marine resources within the exclusive economic zone are reserved for Filipinos, reinforcing the legal position against foreign interference.
Addressing Past Agreements
Retired Senior Associate Justice Carpio also questioned arrangements that allowed Chinese fishermen access to Philippine waters, saying such agreements cannot override constitutional protections over national resources.
He stressed that no executive agreement can waive Philippine sovereignty or fishing rights guaranteed under the Constitution.
Legal Strategy Over Confrontation
Consistent with his long-standing position, Retired Senior Associate Justice Carpio advocated resolving disputes through international law rather than military escalation.
He said pursuing another case would reinforce the Philippines’ rules-based approach while holding China accountable for actions that undermine Filipino livelihoods.
Protecting Filipino Fishermen
At the core of the proposed legal action, Retired Senior Associate Justice Carpio said, is the protection of Filipino fishermen who continue to face harassment and restricted access in traditional fishing areas.
He emphasized that the Philippines must fully utilize legal remedies available under international law to safeguard its maritime rights.