Carpio: PH Must Block China's Sea Claims by December
The Clock is Ticking on the High Seas
Former Supreme Court Associate Justice Antonio Carpio has issued a stark warning. The Philippines must formally object to China's sweeping high seas claims by December 2026, or risk losing a maritime area larger than its entire landmass.
Speaking at a forum hosted by the Stratbase Institute and the French Embassy, Carpio emphasized that silence is not an option. Under international law, the doctrine of acquiescence means our inaction could be mistaken for agreement. We cannot let Beijing take what is rightfully ours without a fight.
China's Sneaky Declaration
The issue stems from the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, which took effect on January 17, 2026. The Philippines ratified this treaty as its 65th state party in September 2025. However, China ratified the agreement in December 2025 and attached a declaration asserting sovereign rights and jurisdiction over parts of the South China Sea that the rest of the world considers high seas.
We should protest within one year from December 2025, when China made its declaration upon ratifying the treaty, Carpio stressed. We need to make a counterdeclaration.
A Call for Decisive Action
Up to today, no state has protested China's move. For the Marcos administration, this is a crucial moment to show true leadership and stand firm against Beijing's bullying. Filing a counterdeclaration protects our exclusive economic zone and the livelihoods of our kababayans in the fishing communities.
Carpio also urged the government to propose a Marine Protected Area (MPA) in the South China Sea high seas during the first Conference of Parties (COP-1) later this year. If approved by a three-fourths majority vote, this would effectively reject China's bogus ten-dash line claims.
The world will vote whether there are high seas in the South China Sea or not, Carpio explained.
Defending Our Waters, Defending Our Future
International human rights lawyer Dr. Mary Baleva echoed the urgency, noting the issue demands immediate government attention. For a nation deeply tied to the sea, protecting marine biodiversity is not just about economics. It is a moral duty. As stewards of God's creation, we must defend the waters that feed our people.
Stratbase Institute President Victor Andres Manhit highlighted that the BBNJ Agreement, alongside the 2016 arbitral award, strengthens the rules-based order in the West Philippine Sea. The Arbitral Award must continue to be defended, and the BBNJ Agreement must be translated into concrete action, he said. We believe that the Philippines cannot, and should not, stand alone.
With our Western allies by our side, the time to act is now. Sayang if we lose our seas just because we stayed quiet.