00:00Based on the fierce attack of China against the Philippine Navy this Monday,
00:05the mutual defense treaty of the Philippines and America could be broken,
00:11according to a maritime expert.
00:13But it won't be automatically brought back to the war,
00:16because other help could be provided.
00:18From Palawan, we are live with Joseph Moro.
00:22Joseph?
00:25Well, that is considered an armed attack by the China Coast Guard
00:30against the Philippine soldiers in Ayungin Shoal.
00:33And that's why America has an obligation to help the Philippines
00:37under the mutual defense treaty.
00:39According to maritime law expert, Professor Jay Batumbacal,
00:41but that doesn't mean that it's a war right away.
00:48Help!
00:50Help!
00:53This is arbitrary!
01:15You can consider that as an armed attack,
01:17because clearly they used weapons, right?
01:21They were committed against Philippine sovereign vessel and personnel.
01:25Whether it is an act of war,
01:27is actually a political decision,
01:29not a legal term.
01:51They were using weapons,
01:53like the bag that was seen in this video,
01:55that was cut by the Chinese
01:57from a boat that was taken away from the BRP Sierra Madre.
01:59They were also wearing light body armor and helmet.
02:01The China Coast Guard
02:03and they were carrying knives,
02:05swords, machetes, sticks, and stones.
02:07They also had a loud siren
02:09and they also used strobe lights.
02:11There were also Filipino soldiers
02:13who were cut by a man.
02:15All of that could be considered as an argument
02:17to say that it was an armed attack
02:20Just because you say you're invoking MDT
02:22that does not mean it's an automatic war.
02:24That's the misconception of the people.
02:26It's too simplistic.
02:28There are other possible actions
02:30against China under MDT.
02:32Whether it's economic, diplomatic,
02:34or political.
02:36The US has an obligation
02:38to help us now.
02:40What kind of help is that?
02:42Let's talk to them.
02:44Aside from weapons,
02:46the Chinese took cellphones
02:48and other equipment
02:50of the soldiers
02:52who were being chased by the AFP.
02:54It is also possible for the Philippines
02:56to ask for damages
02:58for the stolen and broken equipment
03:00of the China Coast Guard
03:02from the Filipino soldiers.
03:04That could be done under
03:06the United Nations Convention
03:08on the Law of the Sea or UNCLOS.
03:10You need to establish that
03:12and you need to decide
03:14what will be the process
03:16for getting that.
03:18The Chinese were asked
03:20where the weapons were.
03:22They said they just did
03:24the necessary steps
03:26according to the law
03:28to protect their sovereignty.
03:34We are still asking
03:36from the Department of National Defense
03:38and Foreign Affairs
03:40whether their treatment
03:42of the China Coast Guard
03:44is still in accordance
03:46with our call.
03:48Thank you very much, Joseph Moro.
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