However, Prof. Jay Batongbacal said that invoking the MDT did not mean the Philippines “going to war” against another country.
China’s latest aggression against Filipino vessels in the Ayungin Shoal may already be considered an “armed attack” which may invoke the mutual defense treaty between the US and the Philippines, a maritime law expert said on Friday. “You can consider that as an armed attack because clearly they used weapons, di ba? And then they were committed against Philippine sovereign vessel and personnel. Whether it is an act of war is actually a political decision.
According to the maritime law expert, there may be other actions against China under the MDT including economic, diplomatic, and political, among others. “Bale may obligasyon ang US na tulungan tayo ngayon. Anong klaseng tulong ‘yung, pag-usapan pa nila,” Batongbacal added. Batongbacal said the Philippines, under the 1982 UNCLOS, may ask for indemnity from China for the equipment of Filipino soldiers that the Chinese Coast Guard stole and damaged during the incident.
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