MANILA, Philippines – The Department of Foreign Affairs (DFA) said that notification is “not required” by the Philippines for foreign vessels exercising freedom of navigation operations (FONOPS) and other activities within its exclusive economic zone (EEZ), as these are protected by the United Nations Convention on the Law of the Sea (UNCLOS).
“UNCLOS provides certain rights and freedoms of transit – such as innocent passage, freedom of navigation and archipelagic sea lanes passage – in the Philippines’ archipelagic waters, territorial sea and exclusive economic zone,” the DFA said in a statement on Wednesday.
The Department also mentioned that it is “aware” of the FONOPS conducted by warships from the United States in the vicinity waters of Bajo de Masinloc (BDM), which is a longstanding and integral part of Philippine territory.
“Notification is not required by the Philippines for foreign vessels to exercise these freedoms in Philippine maritime zones, in accordance with international law, particularly the 1982 UNCLOS,” the DFA stated.
USS Higgins, USS Cincinnati
The Philippine Coast Guard (PCG) confirmed the presence of two United States Navy vessels located 102 nautical miles from Zambales, while “exercising navigational rights and freedoms in the West Philippine Sea near Bajo de Masinloc” Wednesday morning, while the PCG was conducting a Maritime Domain Awareness (MDA) flight over the area.
According to the PCG, the objective of the mission is for monitoring and ensuring the safety of Filipino fishermen engaged in fishing activities in Bajo de Masinloc.
“During the MDA flight, the PCG documented the presence of two United States Navy vessels, DDG-76 USS Higgins and LCS 20 USS Cincinnati, located approximately 102 nautical miles from Zambales,” PCG Spokesman Jay Tarriela posted on X.
“Accordingly, these US Navy ships were exercising navigational rights and freedoms in the West Philippine Sea near BDM, in accordance with international law,” he added.
The MDA flight was done two days after a China Coast Guard vessel, chasing a PCG ship, collided with a People’s Liberation Army (PLA) Navy vessel off Scarborough (Panatag) Shoal.
According to the PCG, the CCG vessel attempted to target the BRP Suluan by using a water cannon, but it was able to avoid being hit.
The vessel, together with BRP Teresa Magbanua, was escorting M/V Pamamalakaya, which was in the area to assist about 35 Filipino fishing vessels, the PCG said.
Tarriela said the fisherfolk also encountered “hazardous maneuvers and blocking actions from other vessels in the vicinity.
"Unlawful interference" - DFA
DFA also slammed China by calling its actions “unlawful interefence” with the Philippines’ routine humanitarian operation in the West Philippine Sea, and said that the “dangerous maneuvers” of two of its vessels posed a grave danger to Philippine personnel and vessels.
“The Department is seriously concerned by the dangerous maneuvers of two vessels of the People’s Liberation Army Navy (PLAN) and the China Coast Guard (CCG), and their unlawful interference with a routine humanitarian operation for Filipino fisherfolk in and around the territorial sea of Bajo de Masinloc, which is a longstanding and integral part of Philippine territory,” according to a statement from the DFA.
“Their actions not only posed a grave danger to Philippine personnel and vessels, but also resulted in the unfortunate collision between the two Chinese vessels,” the statement added.
The Department also reiterated the importance of adhering to international maritime rules, such as the 1972 International Regulations for Preventing Collisions at Sea (COLREGS) and the 1974 Safety of Life at Sea Convention (SOLAS).
With this, the DFA emphasized that it is still willing to work with relevant parties “to draw lessons” from the incident.
“The Philippines remains keen in utilizing diplomacy and dialogue to address differences and produce positive outcomes, in line with the President’s instruction to manage the situation in the West Philippine Sea constructively and settle disputes peacefully,” the DFA stated.
