MANILA, Philippines — There is "no agreement" between Manila and Beijing obligating the Philippines to remove the BRP Sierra Madre from Ayungin Shoal, the Department of Foreign Affairs (DFA) said.
It stressed that the BRP Sierra Madre is a commissioned Philippine naval vessel "permanently stationed" in Ayungin Shoal.
"The Philippine government categorically rejects the assertion that the Philippines has repeatedly promised to tow away or remove the BRP Sierra Madre from Ayungin Shoal," the DFA said in a statement.
It took note of the latest statement of the Chinese Embassy in Manila thatreiterated its demand for the Philippines to remove the BRP Sierra Madre from Ayungin Shoal (which China calls Ren'ai Jiao).
The embassy claimed that Manila has repeatedly failed to fulfill a supposed past promise to tow away the grounded vessel.
The DFA reaffirmed 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 upheldby the 2016 South China Sea Arbitral Award."
"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 DFA said.
The Philippines "remains committed to dialogue, diplomacy, and the peaceful settlement of disputes in accordance with international law," the DFA said.
"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," it added.
China’s exercise of maritime law enforcement powers "infringes on Philippines’ sovereign rights and jurisdiction in Ayungin Shoal and are violations of international law," it added.
The DFA also rejected the embassy’s mischaracterization of the Philippine Maritime Zones Act or Republic Act 12064 as it called on China to respect and fulfill its obligations under international law.
RA 12064 "is an exercise of the Philippines’ sovereign prerogative to define and establish itsmaritime zones consistent with UNCLOS and international law," the Foreign Affairs department said.
"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 DFA said.
