Thread by @cnnphilippines

THREAD: The Foreign Correspondents Association of the Philippines (FOCAP) hosts an online forum with retired Senior Associate Justice Antonio Carpio | Watch here bit.ly/2SdUqMy

Carpio says on February 17, a Chinese Corvette sailed near the Malampaya gas field, says this is a serious action which may threaten power supply in PH.

He adds the vessel may have come from Mischief Reef.

Carpio: If we only patrol our territorial waters, no one will patrol Malampaya because it's outside that. Fortunately, the PH Navy continues to patrol Malampaya. That's our largest operating gas field, our national economy will suffer without it

Carpio: In mid-April, a Chinese ship and Coast Guard vessels also went near Malaysia's Petronas drilling area. That escalated tensions in the South China Sea

Carpio: There's 'grave escalation' in tensions in the South China Sea. I think we should have joint patrols with Malaysia, Vietnam

Carpio: We need to send a message that China can't pick us out one by one, we are united. If they insist, we will also ask the Americans and join them in their naval patrols. If we don't do that, we'll see more Chinese ships moving towards Reed Bank or even Malampaya

Is the radar pointing incident an act of war? Carpio: Definitely it's a hostile act but I don't think it's an act of war unless you fire a shot. That's just a step away from firing. You don't do that because you can make a mistake and trigger an accidental war

Carpio on radar gun incident: I think the Chinese has also done this in the Sea of Japan. This is very rare. That's a very serious, hostile act.

What can we do? I suggest we conduct joint patrols with Vietnam, Malaysia

Carpio: I think we have to join forces now because this will continue to escalate. I think China is taking advantage of the pandemic, it won't let the opportunity to go to waste

Carpio on Chinese Embassy's 'Iisang Dagat:' I think it's rare to have overwhelming dislike over a video. It has boomeranged, it made people more angry at China because they have taken advantage of the pandemic bit.ly/3bACTpb

Carpio on 'Iisang Dagat:' We know the virus originated from China and now they are selling us equipment, supplies. Even other countries found out that what they bought from China were substandard and returned them (1/2)

Carpio: In our case, DOH initially said these were substandard but upon pressure, they changed tune. But that doesn't work for protecting our people. If it's substandard, it's substandard (2/2)

Carpio on 'Iisang Dagat': I think China is trying to make up for its failures from the start of the pandemic. There's a pushback, people don't just buy that

Carpio commends DFA's decision to file diplomatic protests: We should not compromise our position on the West Philippine Sea if China gives loans or assistance for the pandemic. We should not soften our claim

Carpio: We have freedom of expression in this country and we can't stop the Chinese from coming out with their music video on COVID-19

Carpio: It's unfortunate that the Chinese Embassy here can release that music video to give out its propaganda while our embassy in Beijing can't do that because of censorship there

Carpio: I cannot have my e-book put online in China because it's banned there, but they can advertise in our newspapers here

Carpio: China is taking advantage of the freedoms in the West but deny this to foreigners. They can disseminate falsehoods here, but we cannot counter it. That's why their people still believe that they own the South China Sea

Carpio: Until China acknowledges the arbitral ruling, they should not be allowed to operate Confucius Institutes here

Carpio: The title is 'Iisang Dagat,' but what is unsaid is 'Iisang Dagat, pero amin 'yan.' It's very subliminal. Of course there's just one sea because the water just moves around

Carpio on joint patrols: I don't have high hopes that this administration will do that but we have to educate Filipinos. Maybe in the next administration, we can push for it. China will keep on relentlessly encroaching

Carpio: China will keep on pushing but we can also push back. We can also consider joint patrols with US, Australia, UK, France. We have to join this effort, we have more at stake here

Carpio on joint oil exploration and sharing of resources: In my opinion, it's good because in the terms, it's very clear that we have sovereign rights and that China can only come in as a service contractor. This means we own the gas resources

Carpio: Unfortunately, the next meeting of the steering committee was set last February but did not push through because of the COVID-19 crisis. Maybe the Chinese are rethinking that they have the upper hand

Has the local human rights situation worsened under quarantine? Carpio: Under the Constitution, the police can't enter a private residence without a court warrant. The only way they can enter is a search warrant or warrant of arrest. No executive order can change that

Carpio: Nothing in the Bayanihan Law can impair rights protected under the Constitution

Carpio: If police want to enter a private building or property and they are refused, they cannot just barge in

Carpio on Duterte's fresh threat of martial law: In case of lawlessness, you can call out the military for help. We have to look at the gravity of the situation. I don't think just because NPA has been attacking some relief efforts, it doesn't merit declaration of martial law

The Communist Party of the Philippines says Duterte’s accusations just cover up the government’s shortcomings on the crisis. 'Imposing martial law will not stop the COVID-19 pandemic but will only cause greater hardships on the people' bit.ly/3cIkLKh

Carpio: I think that will be terrible to declare martial law with a pandemic. You're just compounding the problem, supplies are already difficult to acquire. I don't think that's a proper solution, you can just call out the AFP to help. I think martial law is an overkill

How likely is an armed conflict in South China Sea? Carpio: China's doctrine says it will win SCS without firing a shot. China is using intimidation: warships, vessels, islands. It realizes that if shooting starts, we will invoke the Mutual Defense Treaty and US will intervene

Carpio: The BRP Sierra Madre doesn't sail anymore but is in Ayungin Shoal. China can take it out anytime but they're not doing that. They are just waiting for us to give up

Carpio: China will intimidate but will not start a war. They do not want a war

Carpio: Expect more of these encroachments from China. We need to form a coalition with Vietnam and Malaysia, if that's not enough, we do joint patrols with US, UK, Japan, Australia. I think there are enough countries who want to push back vs China and we should ally with them

Carpio on report that a Makati cop assaulted a man inside a gated community: Your driveway is part of a person's residence. Police cannot enter without a search warrant or warrant of arrest

Carpio: They (cops) think they can enter, they think this quarantine gives them authority to enter every condo building. I think we have to educate, media can tell them you cannot do that. Presidential Spokesperson Harry Roque also acknowledged that need for a warrant

Carpio: If policemen are educated that they can't enter a private residence without warrant, they will follow. I think it's not being explained to them

Carpio on 'fake news' provision in the Bayanihan to Heal as One Act: You cannot punish expression unless there is a clear and present danger that invites imminent lawless action on the reader

Can PH really sue China for the COVID-19 pandemic? Carpio: Nobody can sue China in our courts without their consent and vice versa. It's difficult. Those who want to sue for negligence and bad faith, you have to prove it

Carpio on China's presence near Malampaya: It could mean that China is pressing that we proceed with joint oil and gas development or they are trying to extract bigger leverage in the negotiations. It could also happen because that's really their plan from the start

Carpio on China's move to name undersea features in South China Sea: Names do not determine sovereign rights. That's not the law

Carpio: It's a matter of propaganda by China. This can be easily solved, but once PH authorizes NAMRIA to name these features, the international regulators will stop accepting applications for names. We should do this already

Can PH seek compensation from China for the COVID-19 crisis? Carpio: China has not signed the Rome Statute and given consent to be sued before the International Court of Justice (1/2)

Carpio: Its leaders can be sued if they commit crimes against humanity, like what ex-Foreign Affairs Albert Del Rosario and former Ombudswoman Conchita Carpio-Morales did before (2/2)

Carpio: To apply this doctrine on COVID-19, you have to show that it was the actions of President Xi Jinping that caused the spread of COVID-19. That's difficult

Carpio on suing China for COVID-19: Unless we prove it's deliberate on their part, it's difficult to charge China and its leaders

Carpio on police penalizing netizens for criticizing government: People must be educated that there's really a high bar for freedom of expression to be curtailed. We have to explain that certain fundamental rights cannot be abridged or intimidated by police