PH could file another case vs China - Jardeleza - video Dailymotion

The Manila Times

PH could file another case vs China - Jardeleza  Former solicitor general Francis Jardeleza talks to The Manila Times on the sidelines of the launching of the Iloilo Media-Citizens Council in Iloilo City. During the one-on-one interview, Jardeleza says the Philippines could file another case before the Permanent Court of Arbitration over the swarming of Chinese vessels in the West Philippine Sea and massive harvesting of corals in the Rozul (Iroquois) Reef.   VIDEO BY CATHERINE VALENTE  Subscribe to The Manila Times Channel - https://tmt.ph/YTSubscribe    Visit our website at https://www.manilatimes.net    Follow us:  Facebook - https://tmt.ph/facebook  Instagram - https://tmt.ph/instagram  Twitter - https://tmt.ph/twitter  DailyMotion - https://tmt.ph/dailymotion    Subscribe to our Digital Edition - https://tmt.ph/digital    Check out our Podcasts:  Spotify - https://tmt.ph/spotify  Apple Podcasts - https://tmt.ph/applepodcasts  Amazon Music - https://tmt.ph/amazonmusic  Deezer: https://tmt.ph/deezer  Stitcher: https://tmt.ph/stitcher Tune In: https://tmt.ph/tunein   #TheManilaTimes #exlusive #interview  #westphilippinesea  #case

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00:00 Good afternoon. We have a military report that massive harvesting at Rosal Reef in the West Philippine Sea have depleted our corals.

00:08 This was after a swarm of Chinese vessels left the area in early September.

00:14 Diplomatic protests collaborating with like-minded countries have not deterred China from continuing its incursion in the disputed water.

00:24 So what other options does the country have to stop this aggression?

00:28 My preferred option, which I have already expressed, is to find another case before the same UN Convention on the Law of the Sea.

00:44 But it will depend on the particular place where this swarming takes place.

00:54 What are you referring to?

00:58 Rosal Reef, sir.

01:01 I think we can file a new case.

01:04 Do you think the Philippines can actually engage with China? Especially last time they are ignoring the decision of the PCA.

01:15 I think if we file a new case they will ignore again. My proposal is for the Philippines to file a new case but this time it should be done through the office of the Solicitor General.

01:35 All Filipino team so that we save on expenses. We don't pay any more expensive American and British lawyers.

01:52 Now if China again wishes not to participate, we have proven that we can hail them to the tribunal as we have done in the past.

02:07 Now what's the big difference now? Depending on where is the incident, I am arguing that a new case can be filed.

02:20 This time, unlike the previous arbitral award, arbitral case can be filed. This time we specify the amount of damages that we suffered.

02:35 For example, if there is swarming and they try to cross our vessels, then there must be some damage there. For example, if we spent more gasoline.

02:52 If they water cannoned us, we got wet. These are what the lawyers call damages. But the more important part is the so-called exemplary damages.

03:09 So this can run into... First before we can have exemplary damages, we must prove actual damages. Then you add the exemplary damages.

03:23 I think it can be done in a case. Now you remember the recent case of the heirs of the Sultan of Sulu. I think they won a case.

03:40 When they won a case, you can enforce the decision in a foreign court. Now if we win a case against China and China does not admit jurisdiction, we can still win a case and we can enforce the judgment.

04:01 For more information, visit www.fema.gov

04:11 [BLANK_AUDIO]

PH could file another case vs China - Jardeleza

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