The Department of Foreign Affairs (DFA) on Tuesday, September 15, rejected China’s assertion that the Philippines had repeatedly committed to removing the BRP Sierra Madre from Ayungin Shoal, saying no such agreement exists between Manila and Beijing.
The DFA stressed that the BRP Sierra Madre remains a commissioned Philippine Navy vessel stationed at Ayungin Shoal and that the government has no obligation to tow or dismantle it.
“There is no agreement between the Philippines and China obligating the Philippines to remove the BRP Sierra Madre, a commissioned Philippine naval vessel permanently stationed in Ayungin Shoal,” the DFA said.
The department also reaffirmed the Philippines’ position that Ayungin Shoal falls within the country’s exclusive economic zone and continental shelf under the United Nations Convention on the Law of the Sea (UNCLOS) and the 2016 South China Sea Arbitral Award.
“The Department reaffirms that Ayungin Shoal forms part of the exclusive economic zone and continental shelf of the Philippines, in accordance with the United Nations Convention on the Law of the Sea (UNCLOS) as upheld by the 2016 South China Sea Arbitral Award,” the DFA said.
According to the DFA, Ayungin is a low-tide elevation and therefore does not independently generate maritime entitlements or serve as a basis for a sovereignty claim under international law.
“As a low-tide elevation, Ayungin is not capable of generating maritime entitlements of its own and can neither be the subject of a sovereignty claim nor is it capable of appropriation under international law,” the agency said.
The DFA further accused China of infringing on Philippine sovereign rights and jurisdiction through its maritime law enforcement activities in the area.
“Accordingly, China’s exercise of maritime law enforcement powers infringes on Philippines’ sovereign rights and jurisdiction in Ayungin Shoal and are violations of international law,” the DFA added.
The Philippine foreign affairs agency also disputed what it called the Chinese Embassy’s misrepresentation of Republic Act No. 12064, or the Philippine Maritime Zones Act.
“The Act is an exercise of the Philippines’ sovereign prerogative to define and establish its maritime zones consistent with UNCLOS and international law,” the DFA said.
The department emphasized that the 2016 arbitral ruling remains final and binding on both countries. It noted that the decision was issued by a tribunal constituted under Annex VII of UNCLOS, to which both the Philippines and China are parties.
“The 2016 Arbitral Award is final and binding on the Philippines and China. It was rendered by an arbitral tribunal constituted under Annex VII of UNCLOS – to which both the Philippines and China are States Parties. The Philippines calls on China to respect and fulfill its obligations under international law,” the DFA said.
Despite the continuing disagreement, Manila said it remains committed to addressing disputes through diplomacy and peaceful means consistent with international law.
“The Philippines remains committed to dialogue, diplomacy, and the peaceful settlement of disputes in accordance with international law,” the DFA said.
The DFA added that the Philippines would continue exercising its rights peacefully and carrying out lawful activities to protect its sovereignty, sovereign rights and jurisdiction.
“At the same time, it will continue to exercise its rights responsibly and peacefully and to undertake lawful activities to uphold its sovereignty, sovereign rights, and jurisdiction,” the DFA added.
The DFA statement came after the Chinese Embassy issued its latest remarks concerning Ayungin Shoal and the continued presence of the BRP Sierra Madre.
The Philippines and China previously reached a provisional arrangement concerning rotation and resupply missions to the Philippine vessel in July 2024, but that arrangement concerned resupply operations rather than an agreement to remove the vessel.