MANILA – Former Supreme Court Associate Justice Antonio Carpio on Thursday outlined the next steps that the Philippines could take after the Chinese coast guard rammed and boarded Filipino navy boats in a violent confrontation in the West Philippine Sea where a Filipino sailor lost a thumb.

The Armed Forces of the Philippines alleged the Chinese boarders were armed with swords, spears, and knives in the incident off Ayungin Shoal on Monday.

Knives, looting, severed thumb: Philippines details fresh confrontation with China in Ayungin

China’s move was “against international law,” Carpio noted.

“Sa exclusive economic zone nangyari ito. May sovereign immunity, hindi nila pwedeng i-board o iarrest o i-seize yung warship. Kasama na d'yan yung auxiliary vessels,” he told TeleRadyo Serbisyo.

Carpio said the Philippines has to resolve a “technical problem” before it could file a new case against China before the international tribunal.

The tribunal, he noted, has no jurisdiction over military activities.

“Ang recommendation ko, palitan natin yung presence natin from military to civilian, magtatayo tayo ng lighthouse operated by the coast guard [sa Ayungin Shoal]. Civilian kasi ang coast guard. Saka magkaroon ng substation ng coast guard doon, let's say magkaroon ng research center ang UP,” he said.

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Ayungin Shoal hosts a tiny Philippine garrison stationed on the BRP Sierra Madre, a deliberately beached old warship that has been the focus of a series of recent confrontations.

While China could try to stop construction of a civilian replacement for the BRP Sierra Madre, Carpio said: “Kapag hininto 'yan ng China, we can go to the tribunal [and argue that] this is a civilian activity…so may jurisdiction kayo.”

The Philippines could ask the US to escort its resupply missions for troops at Ayungin Shoal, Carpio noted. 

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But he added: “I don't think we need that at this time.”

“Kaya natin ito, ayusin lang natin ang resupply natin,” he said.

Carpio urged authorities to use faster resupply vessels, continue banning the use of firearms in confrontations, and bring bladed weapons instead to diffuse tensions.

Journalists should document resupply missions to refute possible false claims from China, he said.

The Philippines should also seek diplomatic support from its allies, which could issue statements against China’s moves, Carpio said.

BLINKEN CALL

Top US diplomat Antony Blinken spoke with his Filipino counterpart, Foreign Affairs Enrique Manalo on Wednesday about the recent "escalatory actions" by China, the State Department said in a statement.

Blinken said China's actions "undermine regional peace and stability and underscored the United States' ironclad commitments to the Philippines under our Mutual Defense Treaty."

Beijing claims almost the entirety of the South China Sea, brushing aside competing claims from several Southeast Asian nations including the Philippines and an international ruling that its stance has no legal basis.

Second Thomas Shoal lies about 200 kilometers from Palawan and more than 1,000 kilometers from China's nearest major landmass, Hainan island.

China defended its actions, with its foreign ministry saying on Wednesday that "no direct measures" were taken against Filipino personnel.

Images from China's Coast Guard shared by state media purported to show the confrontation on Monday, declaring: "The Chinese coast guard carried out boarding and inspection of a Philippine boat for the first time".

"Law enforcement measures taken by the China Coast Guard at the site were professional and restrained," foreign ministry spokesman Lin Jian told a regular news briefing in Beijing.

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‘BARE HANDS’ 

AFP Chief of Staff Gen. Romeo Brawner described the incident after visiting the injured sailor in Palawan, saying Filipino personnel had "fought back with our bare hands" after Chinese coast guard personnel from eight vessels boarded their rigid-hulled inflatable boats.

"They took guns and other equipment, destroyed our equipment on board, including the motors. They punctured our rigid-hulled inflatable boats," he said.

"We are demanding that the Chinese return our rifles and our equipment and we are also demanding from them to pay for the damages that they have caused," Brawner said.

"For me this is piracy."

Rear Admiral Alfonso Torres, commander for the Philippines' South China Sea forces, told reporters "seven firearms were looted and forcibly taken" by the Chinese coast guard.

He said communication and navigation equipment and an outboard motor were destroyed and the mobile phones of the Filipino crew were taken.

Brawner said the Chinese coast guard carried "bolos" -- a type of single-edged sword -- as well as spears and knives.

"Our troops had none of those," he said.

The Philippine military said the seized guns were intended for Filipino troops manning the BRP Sierra Madre warship on the shoal. The crew of the boarded boats were under orders not to display their weapons, it said.

China deploys coast guard and other boats to patrol the waters around Ayungin Shoal and has turned several reefs into artificial militarized islands.

It has stepped up moves against Philippine vessels in the area in recent months.

Torres said Monday's confrontation began when one of the Filipino boats was "illegally rammed" at "high speed" by a Chinese coast guard boat.

The injured Filipino Naval Special Operations Group member lost a thumb when the Chinese vessel landed on top of the bow, Torres said.

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– With a report from Agence France-Presse