Former SC Justice Carpio Rejects China's Claim, Says Only Top Officials Can Make Binding Acts
Former Supreme Court Associate Justice Antonio Carpio dismisses China's recent assertion of claims over Philippine territory, stating that only heads of state or foreign ministers can make binding declarations. This comes after the Chinese Embassy presented a 1990 document, purportedly a Filipino diplomat's statement denying Philippine sovereignty over Panatag Shoal, which Carpio deems non-binding.
In March 2026, the Chinese Embassy in Manila presented a 1990 letter from former Philippine Ambassador Bienvenido A. Tan Jr. to German radio hobbyist Dieter Löffler, dated February 5, 1990, which stated that according to the Philippine National Mapping and Resource Information Authority (NAMRIA), Scarborough Shoal (Panatag Shoal or Bajo de Masinloc) "does not fall within the territorial sovereignty of the Philippines." Chinese Deputy Spokesperson Guo Wei cited this document as evidence supporting China's "indisputable sovereignty" over South China Sea features, while rejecting the 2016 UNCLOS arbitration ruling that favored the Philippines.
Retired Supreme Court Associate Justice Antonio Carpio, a prominent expert on maritime law, dismissed China's use of this document, stating that only heads of state or foreign ministers can make binding declarations on sovereignty issues under international law. Carpio's position was cited by Philippine Coast Guard spokesperson Rear Admiral Jay Tarriela, who described the 1990 letter as "misleading" and a "distortion of historical records," noting it was casual correspondence to a private individual, not an official waiver, and that ambassadors lack authority to bind a nation on sovereignty matters.
The Philippine government uniformly rejected the document's validity. The Department of Foreign Affairs (DFA) deemed it "without value," with spokesperson Rogelio Villanueva emphasizing active Philippine sovereignty exercises over Bajo de Masinloc. Defense Secretary Teodoro dismissed it as invalid, arguing territorial issues require presidential-level decisions, not a single diplomat's statement, and suggested China's promotion serves internal political aims. DFA Secretary Ma. Theresa Lazaro questioned the diplomat's authority to make such claims.
Philippine officials emphasized that their sovereignty claims rely on international law, effective occupation, and the 2016 Permanent Court of Arbitration ruling which invalidated China's nine-dash line claims and confirmed the Philippines' exclusive economic zone rights around Scarborough Shoal. The shoal, located within the Philippines' 200-nautical-mile EEZ, was declared a traditional fishing ground requiring joint management rules, not unilateral control. This incident represents another chapter in the ongoing territorial dispute, with China attempting to use historical documents to challenge Philippine sovereignty claims that have been upheld by international arbitration.
Join the discussion
What do you think? Drop your thoughts below.