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China patrols ''do not alter legal status'' of Bajo de Masinloc, says National Maritime Council

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China's air and naval patrols "do not alter legal status" of Scarborough Shoal or Bajo de Masinloc , the National Maritime Council (NMC) said after the People's Liberation Army (PLA) Southern Theatre Command announced the conduct of its readiness patrol in the area late last week.

In a statement, NMC spokesperson and former Vice Admiral Afexander Lopez noted that reports on China's joint naval-air combat patrol around Bajo de Masinloc on August 1 were deemed not credible."

However, Lopez noted "even if China does conduct naval and air patrols around BDM (Bajo de Masinloc), such activities do not alter the legal status of the area, based on int'l law, including UNCLOS (United Nations Conference on the Law of the Sea) and the 2016 Arbitral Award."

"Bajo de Masinloc remains an integral part of PH territory and the PH exercises sovereignty and sovereign rights over the BDM's maritime zones (territorial sea and contiguous zone) that surround it," he said.

"It is important to note that military drills cannot create sovereignty or maritime rights under international law," he added.

In a separate statement, Armed Forces of the Philippines spokesperson for the West Philippine Sea, retired Rear Admiral Roy Vincent Trinidad confirmed that AFP is aware of China's military activities in Scarborough Shoal and reiterated the NMC statement that it does ''not alter the legal status of maritime features or the Philippine maritime entitlements under international law".

"The AFP is aware of the reported naval-air combat drills in the vicinity of Bajo de Masinloc. These have been monitored and tracked," he said.

"We remain committed to performing our mandate of protecting our territory and safeguarding our maritime rights and interests, consistent with the 2016 Arbitral Award, UNCLOS, and our national interest," he added.

In a video of PLA Southern Theater Command posted at the Ministry of National Defense of the People's Republic of China last July 30, the Chinese Air Force threatened to intercept Philippine Air Force aircraft flying 40 kilometers from the airspace of Scarborough Shoal.

"Philippine military aircraft, this is the Chinese Air Force. You are 40 kilometers from the airspace of Huangyan Island. Do not push in, otherwise you will be intercepted," a radio challenge in Chinese language said in the video. Robina Asido/PHS

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