A victory to be celebrated, asserted, defended

In 2015, the late Foreign Affairs Secretary and Stratbase Institute chair Albert del Rosario said that China’s position and behavior in the West Philippine was becoming “progressively more aggressive and disconcerting.” This was part of his first statement before the Permanent Court of Arbitration (PCA) in the Hague.

Del Rosario said that the Philippines had no other choice but to invoke compulsory arbitration. He cited two reasons—China’s transmittal of its so-called nine-dash line claim to the United Nations in 2009, after which it prevented the Philippines from carrying out long-standing oil and gas development projects in areas well within the country’s 200-nautical-mile exclusive economic zone and continental shelf, and China’s forcible expulsion of Filipino fishermen from the waters around Scarborough Shoal in 2012, where they had fished for generations without protest from China.

The following year, specifically on July 12, 2016, the arbitral court ruled on the matter, rejecting China’s fictitious claims of a nine-dash line beyond the maritime entitlements allowed under the United Nations Convention on the Law of the Sea. The ruling also found that China violated Philippine sovereign rights through interference with resource exploration, unauthorized construction, and failure to prevent Chinese nationals from fishing in Philippine waters.

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It was a historic legal victory, and it should have been a reason to celebrate. Finally, the dispute has been put to rest, and the arbitral ruling gave the Philippines a legal foundation to assert our rights in the area and reject any incursions to it.

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Alas, the then-new administration of President Rodrigo Duterte refused to enforce our victory, adopting instead a policy of appeasement and accommodation toward China. Duterte said we were no match to China’s military might. Despite our strong legal victory, he knowingly did not use the full moral, diplomatic, and strategic weight of the award. At a time when the ruling should have been upheld with clarity and resolve, it was instead set aside, downplayed, and treated by some as if it were a mere piece of paper.

That period showed how legal victories can be weakened not only by external pressure, but also by the absence of political will.

This decision proved detrimental to Philippine strategic interests. As a result, China, which never recognized the jurisdiction of the PCA in the first place, became emboldened to continue and even intensify its aggressive and coercive acts in what is clearly Philippine territory. These acts have continued even after Duterte’s term, even as current President Marcos famously said we would not surrender “a single inch” of our territory to any foreign powers.

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Indeed, the past 10 years have been marked by China’s deliberate, systematic, and persistent actions in the West Philippine Sea (WPS). From the harassment of Filipino fishermen and interference with energy exploration to the use of water cannons, military-grade lasers, dangerous maneuvers, maritime militia, cyber operations, and disinformation, China’s conduct forms part of a methodical strategy to weaken the Philippines’ ability to exercise its lawful rights.

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As we mark the 10th anniversary of the ruling this week, we reiterate our call that the collective defense of the WPS has become more imperative than ever.

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Filipinos have made their position clear. A Pulse Asia survey commissioned by Stratbase showed that 86 percent of Filipinos agree that the Philippine government should defend the WPS with like-minded countries. The same survey showed that Filipinos see like-minded states as partners the Philippines should work with in defending the WPS.

With the enduring support of strategic partners, allies, and like-minded stakeholders, what began as a firm and principled stand has evolved into a sustained collective effort—resolute in upholding international law and defending what is rightfully ours.

Contrary to our initial expectations, our legal victory in 2016 was not the satisfying end to a dispute. It was, instead, the beginning of a continuing struggle to assert and defend what is legally ours. China’s actions continue to challenge not only Philippine sovereign rights, but also the broader rules-based order that underpins peace and stability in the region.

It is through our collective resolve, credible deterrence, and whole-of-society defense that this legal victory must be enforced. As true patriots, every Filipino, and every sector must step up to defend this legal victory, and make sure that it is not dishonored.

Any leader, institution, or citizen who refuses to recognize our lawful rights, condemn China’s gray-zone tactics, and reject the deception and blatant disregard for our sovereignty undermines the national interest and betrays the Filipino people.

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Dindo Manhit is the founder and CEO of Stratbase Group.