My initial reaction is that if Navy can see them, they must be very close to Ayungin - really within our EEZ and perhaps even closer to Ayungin island itself than we imagine, i.e., within 12 nautical mile territorial waters of Ayungin reef on which PH has established a military garrison akin to being "inhabited".
Off-the-cuff, China PLA Navy's main mission, in all likelihood, is to protect and defend their fishermen from any action by PH Navy ships even as they encroach illegally on our EEZ, even perhaps on our territorial waters. Of course their presence is a form of intimidation tactics too but that is not reason to scare our Navy personnel stationed on Ayungin. The military personnel on Ayungin are made of sterner stuff.
But the real question is: Has PH deployed a PN or PCG vessel to Ayungin waters?
More off-the-cuff thoughts pertaining to the 12 nautical miles or legal territorial waters of PH by international law:
(1) It is impertive to note that Ayungin island is part of the regime of islands of the Philippines and is so by PH law, i.e., RA 9522 albeit disputed, hence it falls under PH sovereignty. Moreover, there is an existing military garrison in that island which makes the island inhabited.
(2) Therefore 12 nautical miles from Ayungin baseline is legally PH territorial waters which no other foreign country should be allowed to claim: it is Philippine territory -- full stop.
(3) A foreign warship, armed to the teeth at that, sailing in those 12 nautical miles of water from Ayungin baseline without invoking right of innoncent passage can be considered an armed invasion of the Philippines.
Take this example: St Pierre Miquelon is an offshore island near Newfoundland belonging to France. Twelve nautical miles from St Pierre Miquelon baseline constitute French legal territorial waters and considered French territory much like Paris is or any provinces situated on the coasts of mainland France. Any armed foreign warship that sails into those 12 nautical miles of St Pierre Miquelon without invoking right of innocent passage will be considered an invasion of France and France has all the right to repel invaders.
It becomes all the more imperative for PH navy to stay on course -- that is if they are around, to show that we are not giving up Ayungin and whatever the cost!
REPORT FROM INTERAKSYON Premature rejoicing - Chinese fishing boats still in Ayungin:
As proof that the Chinese are still in the reef area which they claim entirely, and over which they recently issued a protest against supposed Philippine incursions, the source explained that “In the vicinity of Ayungin the PLA Navy ship with bow number 83, is still there, along with many fishing bancas. The other PLA Navy ships go back every so often to Ayungin whenever they monitor new movements by the Philippine Navy.”
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For Defenders of the Philippine Sabah and Spratly Claims
10 July 2013
Related blog post: DON'T LET CHINA STEAL AYUNGIN REEF