Coast Guard can't cut China floating barrier without go signal: spokesman

MANILA (UPDATED) — The Philippine Coast Guard on Monday said it could not immediately cut a "floating barrier" in Bajo de Masinloc, also called Scarborough Shoal, without approval from the national government.

• Chinese barrier keeping Filipino fishers out of Scarborough: PCG

PCG Commodore Jay Tarriela, spokesperson for the West Philippine Sea, said the Coast Guard was able to document the 300-meter-long barrier that was put up by the Chinese Coast Guard to prevent Filipinos from entering and fishing in the area.

"All of this evidence will be presented to the Task Force West Philippine Sea. We have to be careful na walang magagawang diplomatic misstep ang Philippine Coast Guard," he said in a TeleRadyo Serbisyo interview.

"We have to clear it with the Department of Foreign Affairs and the Department of Justice and more importantly to seek guidance from the National Security Adviser himself."

In a separate interview, Transportation Secretary Jaime Bautista confirmed the Coast Guard cannot, on its own, remove the floating barrier without proper coordination from government agencies.

"Ang kailangan dito 'yung DFA, mag-file na naman ng another protest sa Chinese government. Mahirap naman na hilahin natin 'yan, magkaroon ng confrontation kailangan sundin natin 'yung diplomatic process," he said.

The Coast Guard earlier said the BRP Datu Bankaw was distributing grocery items and fuel subsidies to around 50 Filipino fishing boats in Bajo de Masinloc when a Chinese Coast Guard vessel CCG-2105 started "a series of 15 radio challenges in an attempt to drive away the BFAR vessel."

The Chinese Coast Guard told the Philippine vessel that it was in violation of international and Chinese law by being at Bajo de Masinloc, which is off the coast of Zambales.

"It was observed that upon realizing the presence of media personnel aboard the BFAR vessel, the CCG-3105 maintained a safe distance and moved away," the Coast Guard also said.

Tarriela said the Coast Guard's primary mission last Friday was "to provide relief goods and distribute fuel subsidy sa ating mangingisda."

"We were able to document 'yung paglagak ng floating barrier but it doesn't mean that the Bureau of Fisheries and Aquatic Resources and Coast Guard will already have the responsibility to cut this barrier," he said.

The spokesman noted the Chinese Coast Guard usually puts up the floating barrier when the number of Filipino fishermen inside Bajo de Masinloc increases.

"Kapag namonitor nila na maraming Pilipinong mangingisda particularly kapag may kasamang PCG at BFAR saka nila inilalatag itong floating barrier na to’. Tinatanggal nila 'yan eventually kasi, what’s the point kung wala naman silang haharangan," he said.

He said the BRP Datu Bankaw was able to drop anchor about 300 meters away from Bajo de Masinloc, which is much closer than the 8-10 nautical miles it managed while being driven away by Chinese vessels.

"In short abot-tanaw na talaga natin, ng Philippine government kung ano ang ginagawa ng China Coast Guard dito sa Bajo de Masinloc. It is also the first time na nakapasok tayo nang ganyan kalapit," he said.

REMULLA: FLOATING BARRIER SHOULD BE REMOVED

Justice Secretary Jesus Crispin Remulla said floating barriers set up by foreign countries within the Philippine exclusive economic zone should be removed.

"If it’s within our exclusive economic zone (EEZ) then we will just declare it to be such, that it’s a violation of our right to our exclusive economic zone and we will remove the same," Remulla said.

Remulla said foreign floating barriers set within the country’s EEZ can be considered a violation of the United Nations Convention on the Law of the Sea (UNCLOS) and can be seen as interference in the country’s activities within the area.

"That is my view but we have to agree within the executive branch on how to treat this legally, how to treat the incident, but that is, I am giving you the legal point of view that this may be a violation of our rights under the UNCLOS," Remulla added.

Remulla however stressed that removal of any barrier will be a civilian undertaking.

"We will not make a military undertaking, but a civilian undertaking under the Coast Guard," Remulla said.

Remulla said he is set to discuss the recent issues involving China on the West Philippine Sea, including the destruction of corals, with the Office of the Solicitor General, the Department of Foreign Affairs, and the Philippine Coast Guard.

Remulla said last week that a second case focusing on environmental laws may be filed against China before the Permanent Court of Arbitration.

Meanwhile, Solicitor General Menardo Guevarra said his office continues to gather all information on incidents in the West Philippine Sea since the first arbitral award in 2016.

"We need solid evidence that will stand up in any tribunal," Guevarra said. "We will carefully evaluate the pros and cons of each legal option before we make any recommendation to the President and to the DFA."

• Philippines urged to file fresh case vs China over 'illegal' Scarborough barrier
• Philippines mulls fresh complaint vs China before Hague-based tribunal

China claims sovereignty over almost the entire South China Sea -- through which trillions of dollars in trade pass annually -- despite an international court ruling that Beijing's entitlement has no legal basis.

Malaysia, the Philippines, Vietnam, and Brunei also have overlapping claims in parts of the sea, while the United States sends naval vessels through it to assert freedom of navigation in international waters.

• Why is the South China Sea a flashpoint for Asia?

—with reports from Adrian Ayalin, ABS-CBN News