The Philippine government has rejected China’s demand for the removal of the BRP Sierra Madre from Ayungin Shoal, maintaining that Manila never entered into any agreement requiring it to tow away the commissioned Philippine Navy vessel.

The Department of Foreign Affairs said there was no agreement between Manila and Beijing obligating the Philippines to remove the BRP Sierra Madre, rejecting the Chinese Embassy’s claim that the Philippines had repeatedly promised to do so.

The Chinese Embassy made the claim in a September 12 statement, while also accusing the Philippines of carrying out large-scale repairs and reinforcement of the vessel to maintain a permanent presence at the shoal. Philippine officials have rejected Beijing’s assertions.

Defense Secretary Gilberto Teodoro Jr. backed the DFA’s position on Wednesday, saying China has no right to demand the vessel’s removal.

“They have no right to say that. So, it is beyond their jurisdiction and beyond any form of intervention under international law,” Teodoro said during a press briefing in Pasay City.

The DFA reaffirmed that Ayungin Shoal lies within the Philippines’ exclusive economic zone and continental shelf under the United Nations Convention on the Law of the Sea and as upheld by the 2016 South China Sea Arbitral Award.

It also maintained that Ayungin Shoal is a low-tide elevation that cannot generate maritime entitlements of its own and cannot be subject to a sovereignty claim. The DFA said China’s exercise of maritime law enforcement powers in the area infringes on Philippine sovereign rights and jurisdiction.

Teodoro said the Philippines should continue exercising the rights granted to it under UNCLOS and international law within areas where it holds sovereign rights or jurisdiction. He also said China cannot disregard UNCLOS while undertaking activities outside its provisions.

The DFA separately rejected China’s characterization of the Philippine Maritime Zones Act, saying the law is an exercise of the country’s sovereign prerogative to establish its maritime zones in accordance with UNCLOS and international law.

It also reiterated that the 2016 Arbitral Award is final and binding on both the Philippines and China, having been issued by a tribunal constituted under Annex VII of UNCLOS, to which both countries are parties.

While maintaining its legal position on Ayungin Shoal and the BRP Sierra Madre, the DFA said the Philippines remains open to dialogue and the peaceful settlement of disputes while continuing to exercise its sovereignty, sovereign rights, and jurisdiction in accordance with international law.

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