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Ex-SolGen Jardeleza: PH could file new arbitral case vs China for damages

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Arra Perez, ABS-CBN News

<div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img alt="ABS-CBN News" src="https://sa.kapamilya.com/absnews/abscbnnews/media/2023/life/07/12/20230712-chinese-consulate-protest-jc-1176.jpg"/><figcaption>Groups hold a protest in front of the Chinese Consulate in Makati on July 12, 2023, on occasion of the 7th anniversary of the 2016 arbitral ruling recognizing the Philippines’ sovereign rights in areas within its exclusive economic zone in the South China Sea. The groups urged declaring July 12 the &#x27;West Philippine Sea Day&#x27; in recognition of the ruling. Jonathan Cellona, ABS-CBN News</figcaption></figure></div>MANILA (UPDATED) — Former Solicitor General Francis Jardeleza on Wednesday proposed filing another case before the Permanent Court of Arbitration&#x27;s (PCA) ad hoc tribunal as the Philippines marked 7 years since its legal victory over China on the West Philippine Sea dispute.Jardeleza, who was part of the team that filed the arbitration case against China in 2013, suggested that the case be handled solely by the Office of the Solicitor General (OSG) without foreign counsels.He said the OSG could choose from a &quot;menu of claims&quot; to file against China. He noted that the Philippines had filed for a declaration of rights instead of damages in the case that led to the PCA&#x27;s 2016 ruling. The former Supreme Court associate justice also explained the new case could be &quot;commenced and finished&quot; in around 3 years.Jardeleza also suggested elevating the case to the United Nations (UN), citing its possible advantage, but was worried about China&#x27;s veto powers as a permanent member of the UN Security Council.<figure class="op-interactive"><iframe allow="autoplay; fullscreen" frameBorder="0" height="100%" id="ivsplayer01" scrolling="no" src="https://player.ivideosmart.com/ivsplayer/v4/dist/html/iframe-src.html?iframeid=ivsplayer01&amp;key=e8c22c015ca9eafa76f1e3edfa03c603&amp;spid=3001339&amp;vid=2716972" width="100%"></iframe></figure><div class="iwantbar">Watch more News on <a href="https://www.iwanttfc.com/#!/browse/Genres/News/tag_id_genres/id_news" target="_blank">iWantTFC</a></div>Following recent incidents of Chinese aggression in the West Philippine Sea, Jardeleza also said he believes the &quot;immediate action&quot; of the Philippines lies with the President, who he called the &quot;chief architect of foreign policy.&quot;While he said he was satisfied with the Philippine Coast Guard and Navy&#x27;s efforts to protect the West Philippine Sea, he lamented the country&#x27;s lack of forces to patrol the disputed waters.He called on President Ferdinand Marcos Jr. to gather recommendations from concerned government agencies to implement a holistic policy in the West Philippine Sea.He also encouraged the public to &quot;urge our leadership&quot; to assert the Philippines&#x27; claims on the disputed waters, and to &quot;engage&quot; citizens on the issue.In a text message to ABS-CBN News, Solicitor General Menardo Guevarra said he has created a &quot;special team&quot; of state solicitors to look into the incidents that have happened in the West Philippine Sea since the 2016 ruling.&quot;I have just recently created a special team of state solicitors to review the incidents that have occurred in the WPS (West Philippine Sea) since our arbitral victory against China in July 2016. We shall recommend the appropriate action to the president and the DFA upon completion of our study,&quot; Guevarra said.On July 12, 2016, the PCA in The Hague, Netherlands ruled in favor of the Philippines&#x27; claims in areas of the South China Sea that are part of its Exclusive Economic Zone (EEZ), which have since been called the West Philippine Sea.It also invalidated China&#x27;s &quot;nine-dash line&quot;, where it had sweeping territorial claims over the disputed waters that were also claimed by other Southeast Asian nations such as Vietnam, Malaysia, and Brunei.China has disregarded the ruling, continuing incursions in the South China Sea leading to persisting tensions in the area.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/07/12/23/philippines-marks-7-years-since-arbitral-win-over-china">Philippines marks 7th anniversary of arbitral victory over China</a></li></ul>

Jardeleza proposed filing another case vs China over damages in the West Philippine Sea, 7 years since the Philippines' first legal victory.

Ex-SolGen Jardeleza: PH could file new arbitral case vs China for damages

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Ex-SolGen Jardeleza: PH could file new arbitral case vs China for damages

Arra Perez,

ABS-CBN News

Published July 12, 2023 04:14 PM PHT

|

Updated July 12, 2023 07:18 PM PHT

Read More:

Permanent Court of Arbitration

China

Philippines

West Philippine Sea

South China Sea

Solicitor General

Francis Jardeleza

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