Amicus Curiae by Atty. Dennis Gorecho
It has been a decade since the five-member United Nations Convention on the Law of the Sea (UNCLOS) Arbitral Tribunal released on July 12, 2016 its decision in favor of the Philippines on most of its submissions on the West Philippine Sea (WPS) issue.
UNCLOS, adopted in 1982 and in force since 1994, is the international treaty establishing the comprehensive legal framework for all ocean space, maritime activities, and resources. It defines rights, jurisdictions, and responsibilities, covering zones like the territorial sea and exclusive economic zone.
Since around 2009, China has steadily increased its efforts to consolidate its position in the WPS with varied tactics, including using its military, coast guard, and maritime militia to harass foreign ships; exploring and extracting resources in disputed areas; and constructing artificial islands and basing military and civilian assets there.
The Philippines initiated on January 2013 the arbitration case (Philippines vs. China, PCA Case No 2013-19) wherein it sought, among others, a declaration that the countries’ respective rights and obligations regarding the waters, seabed, and maritime features of the West Philippine Sea are governed by the UNCLOS.
The key findings of the July 12, 2016 ruling include:
(a) China’s claims to historic rights and resources within its nine-dash line have no legal basis;
(b) None of China’s claimed land features in the Spratly Islands are an island capable of generating a 200-nm exclusive economic zone;
(c) China violated the Philippines’ sovereign rights by interfering with Philippine oil exploration activities, prohibiting Philippine fishing vessels from operating, failing to prevent Chinese fishing vessels from operating, and conducting land reclamation in areas where the Philippines enjoys sovereign rights to explore for and exploit natural resources;
(d) China violated its marine environmental protection obligations under UNCLOS by causing “severe harm to the coral reef environment” with its land reclamation activities and harvesting of endangered species.
China is legally bound by the tribunal’s ruling by virtue of its ratification of UNCLOS. But China reacted negatively to the ruling, maintaining it was “null and void.”
Former president Rodrigo Duterte dismissed the legal victory as “just a piece of paper” that he would throw in a wastebasket. He chose to downplay the ruling to build closer economic and infrastructure ties with China.
Duterte repeatedly stated that the Philippines could not afford to go to war with China, claiming a military confrontation would result in the destruction of the Philippine Armed Forces.
He emphasized utilizing bilateral diplomacy over asserting legal and maritime rights.
During his 2016 presidential campaign, Duterte joked that he would ride a jet ski to the Spratly Islands to plant the Philippine flag. Upon assumption in office, he described it a mere hyperbole and maintaining that he never truly promised to retake territory from China calling those who believed in him as “stupid”.
The approach on the WPS issue significantly shifted upon the change of leadership in Philippine government in 2022.
The current transparency initiatives, which publicly documents and exposes Chinese aggression in the region has transformed a once “abstract” territorial dispute into one backed by documented evidence.
“We did not ask Filipinos to take the government’s word for anything. We showed them the laser, the water cannoning, the bladed weapon, the ramming, and they drew their own conclusion,” said Rear Admiral Jay Tarriela as spokesperson of National Task Force-West Philippine Sea.
Tariella noted that the initiative, launched three years ago, has exposed China’s actions at sea through videos, photographs, and firsthand documentation rather than government messaging.
“We’re not the one escalating the tension. We’re just telling the world what is happening,” he stressed “Our consensus rests on evidence and on law, not on propaganda.”
A peace walk at the Quirino Grandstand was held to commemorate the 10th anniversary of the 2016 WPS Arbitral Award decision.
The WPS Mural Festival 2026 officially unveiled its top 100 mural finalist centering on the theme “Kulayan. Karagatan. Kalayaan”. The open mural competition, which drew 220 submissions from across the country, aims to foster deeper awareness and collective unity regarding the country’s maritime rights by giving local artists a platform to express their creativity and patriotism.
A coalition of 14 nations declared on a joint statement that Beijing’s vast maritime claims in the WPS completely lack legal standing. The countries include Philippines, Australia, Canada, Estonia, Germany, Italy, Japan, Latvia, Lithuania, New Zealand, Romania, Slovenia, the United Kingdom, and the United States.
I was the president of the Maritime Law Association of the Philippines (MARLAWPh) when the arbitral award was issued in 2016.
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