S1L32 – The UNCLOS Ruling in favor of the Philippines, introducing Miss Hannah Maala from Buguias
Mister Jack Makataruz, tumakder…!”
“Yes, sir!”
“Facts—three Chinese coast guard vessels intercepted two Philippine boats on the West Philippine Sea. The Chinese boats used high-pressure water cannons to force the Philippine boats to turn around. The boats were supposed to deliver food and other supplies to a Philippine Marine contingent stationed at the Ayungin Shoal. What is the first remedy available to the Philippines under international law?”
“Sir, the first remedy is serving a ‘note verbale’ to China, which is a letter expressing our displeasure over the use of violence against our boats.”
“Why not say anything about the violation of our territorial integrity, yada yada?” I poked Jack’s answer after noting that he limited his concern to the violence only, “you do know that the Philippines won that UNCLOS arbitral award, don’t you?”
“Yes, sir, but a note verbale is served to the offending state only. Only China gets the sole copy, no other state or international body is copy-furnished.”
“Because…?”
“Because the dispute only involves our two countries, no third state is interested yet, sir, and a note verbale is only a first-level remedy.” the Bauko boy with a Mohawk hairstyle said. He seems to have read his book but I wanted to know how far he read.
“But why are you protesting only the violence aspect, not the violation of the arbitral award? The media are shouting themselves hoarse about it and you don’t even mention it?” I wanted Jack to defend his suggestion of a limited response.
“Sir ngamin violence is universally-abhorred and you can condemn it immediately under the general principles of the United Nations charter, whereas the UNCLOS violation is an offense committed under a treaty.”
“Eh, so what? You will just let China get off that easy after it violated a treaty? What does UNCLOS stand for anyway?”
“Sir ngamin China is not a signatory to the ‘United Nations Convention on the Law of the Sea’ which is what UNCLOS means. China does not even recognize our victory in the arbitral commission of the UNCLOS, sir.”
“So calling out China for violating the UNCLOS is like what, Mr. Makataruz?”
“It’s like a PBA referee blowing the whistle to call a foul on an NBA player sir, baka pagtawanan lang siya, hehehe,” the whole class joined him in a hearty laugh.
“Your answer is correct, Jack and even marginally funny,” I said, “even though am not really amused. But you may sit down.”
“Miss Hannah, where are you?” I called on a girl from Buguias, Benguet whose parents are potato farmers. Three years ago her father had saved up some money and he had a choice: whether to buy a second-hand Toyota ELF truck or send Hannah to law school. He gave up the truck, which tells me he is a wise man.
“What’s your family name again, Hannah? I forgot your classcards…”
“Maala, sir?” this girl—no matter what she is saying—always ends her statement with a question mark! This makes her sound unsure even when her answer is perfect. I keep thinking wolves will devour this girl in court. I need to whack that habit out of her system somehow. Another reason why I’m hard on my students during recitation is because I want to toughen them in preparation for a rough-and-tumble practice where less competent lawyers than them will often hide that deficiency by shouting and bluffing.
“Alright, Miss Hannah Maala, escalate that remedy of ‘note verbale’ and try to strengthen the Philippine position against China.”
She stared at me for a couple of seconds.
“I would elevate it into a full diplomatic protest, sir?”
“Are you asking me? Or are you asking China?” I said with an unfriendly ‘professor’ tone, “a diplomatic protest against a state that is arrogant enough to ignore the UNCLOS? How do you plan to scare China, I’m interested to know, Miss Maala.”
I sat back and lowered my face. This girl will be crying before the class ends tonight, I thought.
She stood silent for a moment, looked up as if trying to compose a strong answer, swallowed hard and looked to her left, where Deema sat. Ms. Deema Niwala was one of the strongest girls in recitation. I think she eats law professors for breakfast. I know she has been spending a lot of time lately with Hannah, but I wonder if some of that bravery rubbed on to this softspoken Buguias girl. Finally she spoke up.
“Sir, I would tender a notice of gross violation of the Geneva Convention on the Articles of War against China before the UN Security Council. I will accuse China of undertaking an act of war without provocation against the Philippines and I will call for the harshest multilateral Forcible Sanctions short of war against China…”
I looked up just in time to catch an awesome sight in class: 25 mouths suddenly dropped open, 50 eyes grew fully wide and all their brains synchronized with one thought so loud enough I could actually hear their collective brains say, “Hannah! Why did you say that? Patay kang bata ka! How do you justify THAT answer?!”
I looked at Hannah, but I didn’t even see a faint trace of fear in her eyes. In fact, for a moment I thought I was looking at a Deema clone.
“That’s a very interesting answer, Hannah.” I said, “I wish it was in the book so at least I can tell if you are right or wrong. But that’s not in the book so educate me and all your classmates here. Explain your answer please…” I said.
“Sir, the 3 Chinese ships were war vessels, regardless if they are outfitted as coast guard. The fact that they could have sunk our boats is violence that rises to the level of an act of war,” she said.
“Yeah, but didn’t it occur to you that our ships were civilian vessels with no onboard riggings for war?” I asked, “isn’t war only between military forces by definition?”
“I disagree, sir. Our boats were en route to resupply a marine detachment on Ayungin Shoal. At that moment, they were de facto naval-commissioned vessels, not merchant marine.”
The class was still in shock, except Deema, who seemed to anticipate what Hannah was saying.
“Well, okay..but you said you are accusing China of GROSS violation of the Geneva Convention—explain that part,” I said.
“We don’t have a land-based Marine detachment on Ayungin Shoal, sir…” I had to interrupt her..
“You just said we do, and our boats were en route to resupply them…”
“Yes, sir, but our Marine contingent are not land-based but camped in an actual battleship that is aground on Ayungin Shoal. In maritime law, it is considered a ‘vessel in distress’. China deprived Philippine soldiers aboard a ‘vessel in distress’ of food in a naval blockade condemned under the Articles of War, sir.”
“What particular article of war are you referring to, Hannah?” I pressed on.
“Depriving an opposing contingent force of food to gain military advantage is a war crime sir, under ‘inhumane treatment of combatants’. It’s the same act Adolf Hitler was guilty of when he ordered German U-boats to sink merchant marine vessels ferrying Allied soldiers across the Atlantic Ocean in World War II, sir.”
I had totally lost my hard edge because this Buguias girl was saying things I hadn’t even thought of. I just managed to squeak a short, “Hmmm… so that’s that the Philippines can do. Why do you think we haven’t done that yet, Miss Maala?”
“Sir, because the principal State’s agent for international diplomacy is the president. It would take a president with balls to say ‘do it!’ to file this extreme remedy. And we don’t have such a president right now, sir.”
I take it back. I was wrong. This gentle potato farmer’s daughter will be a vicious litigator in court.
“Every word you said, Miss Hannah Maala…” the whole class closed their mouths wondering what my verdict of Hannah’s recitation would be, “is correct!”
The class let out a collective “Woooow!!” and started clapping. “I’ll see you all next meeting…class dismissed.”
Deema caught up with me in the hallway as we all walked out of the building.
“Did you know her name is a palindrome, sir?”
“A WHAT??”
“Miss Maala’s first name—‘Hannah’—is a palindrome. It reads the same forwards and backwards.”
“I didn’t realize that, no,” I said, amused at the little bit of trivia.
“That’s why you couldn’t terrorize Hannah no matter how hard you tried to turn her inside out,” Deema said with a girlish chuckle.
“You are a virus, Deema, and you are spreading in my class,” I dismissed her and got into my car.
The author is a writer and lawyer based in Baguio City, Philippines. Former editor of the Gold Ore and Baguio City Digest, professor of journalism, political science and law at Baguio Colleges Foundation (BCF). He is a photographer and video documentarist. He has a YouTube channel called “Parables and Reason”