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What experts say on Duterte claiming 'China possesses South China Sea'

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<div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img src="http://sa.kapamilya.com/absnews/abscbnnews/media/2018/news/11/15/20181115-duterte-asean-singapore-rtr-1.jpg"/><figcaption>Philippine President Rodrigo Duterte attends the ASEAN Plus Three (APT) Summit in Singapore, November 15, 2018. Athit Perawongmetha, Reuters</figcaption></figure></div>MANILA - President Rodrigo Duterte&#x27;s remark that Beijing is &quot;already in possession&quot; of the disputed South China Sea could be used against the Philippines in the future, experts warned on Thursday.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/11/15/18/duterte-on-us-move-vs-china-why-do-you-have-to-create-frictions">Duterte on US&#x27; move vs. China: &#x27;Why do you have to create frictions?&#x27;</a></li></ul>Former Solicitor General Florin Hilbay said Duterte&#x27;s &quot;defeatist attitude might result in an informal recognition of the status of China&#x27;s occupation.&quot;&quot;President Duterte&#x27;s recent statements about China&#x27;s occupation of certain features in the West Philippine Sea is incompatible with his constitutional obligation to protect the national territory and enforce our victory in Philippines v. China,&quot; Hilbay told ANC.&quot;At the very least, the President must protest China&#x27;s actions to put on record the validity of our rights. Mr. Duterte&#x27;s defeatist attitude might result in an informal recognition of the status of China&#x27;s occupation. China should and must be seen as an illegal occupant because that is its actual status under the Hague ruling.&quot;Jay Batongbacal, director of UP Institute for Maritime Affairs and Law of the Sea, said Duterte&#x27;s remarks may be &quot;used as proof of admissions against interest.&quot;&quot;Particularly with respect to (a) China&#x27;s &#x27;possession&#x27; of the South China Sea, which includes the West Philippine Sea, and (b) acquiescence to such alleged possession, since he subsequently questioned the wisdom of causing any &quot;friction&quot; over such alleged possession,&quot; he said.&quot;Such statement may be interpreted to be recognition of China&#x27;s &#x27;possession&#x27;, even though under international law, the general principle is that the seas are not subject to possession by any State.&quot;Batongbacal added that under the doctrine of unilateral declaration, statements of officials like the President or Foreign Affairs ministers &quot;with respect to factual or legal situations, may be considered to be legally binding upon them, since they are similar to admissions against interest.&quot;&quot;This doctrine could be applicable to the Philippines in the future, as evidence of its recognition and acceptance of China&#x27;s appropriation of the South China Sea,&quot; he said.Batongbacal noted two international cases wherein the doctrine was cited: the Eastern Greenland case, a territorial dispute between Norway and Denmark over Greenland; and the Nuclear Test Case, in which Australia and New Zealand filed a case against France to halt nuclear testing in the Pacific Ocean.Since assuming the presidency, Duterte has sought to downplay Manila’s maritime dispute with Beijing in exchange for improved ties with the world’s second-largest economy.Duterte has also refused to flaunt the Philippines’ victory against China in a United Nations-backed arbitration court in 2016 which invalidated Beijing’s expansive claims to the waters.

MANILA - President Rodrigo Duterte's remark that Beijing is "already in possession" of the disputed South China Sea could be used against the Philippines in the future, two lawyers warned on Thursday.

MANILA - President Rodrigo Duterte's remark that Beijing is "already in possession" of the disputed South China Sea could be used against the Philippines in the future, two lawyers warned on Thursday.