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Sunday, July 12, 2026 Vol. 21 No. 271
THE LIGHTHOUSE AND THE SHIELD
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WHERE DO FISHERS DRAW FROM BOUNTY OF THE SEA?
It’s been a decade of defiance and resolve since the South China Sea Arbitral Award was handed down in 2016
A LIGHT fishing boat sets out to sea, as bigger “mother boats” remain anchored near the municipal fish port in Subic, Zambales. HENRY EMPEÑO
By Ada Pelonia
A
DECADE after the 2016 arbitral ruling that invalidated China’s expansive maritime claims on the South China Sea, Filipino fisherfolk have yet to reap the benefits of the Philippines’ historic legal victory. For fisherfolk leader Fausto Alpay, the arbitral tribunal ruling in favor of the country was merely a “paper victory,” as China retained the upper hand on the West Philippine Sea. Alpay, who serves as the President of the Subic Commercial Fishers Association Inc. (SCOFAI), said China’s hold on the Scarborough Shoal stripped Filipino fishers of their freedom to cast their nets on the contested waters. “We only won on paper, but in reality, China is still the one making demands there,” he told the BusinessMirror in an interview. “It’s like when a land has been given to you, but the ones who are there don’t agree with that.” After the 2016 ruling, Alpay said local fisherfolk could still fish in Scarborough Shoal despite China’s presence. But this changed following the launch of the civilian-led Atin Ito Coalition, established to advocate for the country’s rights in the West Philippine Sea. Alpay noted that fishermen failed to retrieve over 10 of his buya [fishing float] around the Scarborough Shoal, since “about 20 miles from there, they will be blocked and driven away by the Chinese Coast Guard.” “They have not allowed our fishermen to approach the boundary of Scarborough Shoal until now,” he added. Restrictions for Filipino fishers in these waters also affected the country’s local fisheries production.
A COLLECTIVE of fishermen in Masinloc, Zambales, took a significant step on Monday, November 6, 2023, by releasing a massive buoy proclaiming “Atin ang Pinas!” on the island of San Salvador. President Ferdinand R. Marcos Jr. reassured the nation that his administration remains committed to safeguarding the Philippines’ maritime territory and upholding the rights of Filipino fisherfolk. This commitment follows Marcos’s directive to dismantle the floating barriers erected by the China Coast Guard at the southeast entrance of Scarborough Shoal, also known as Bajo de Masinloc. NONOY LACZA
T
By Malou Talosig‑Bartolome
EN years after an international tribunal invalidated China’s expansive maritime claims in the South China Sea, the ruling continues to reshape the region’s strategic and legal landscape. The 2016 arbitral award embodies a dual legacy: it stands as an immovable anchor for Philippine national identity and international law, even as Beijing wages a multifront campaign to erode its legitimacy both in legal forums and on the water. At the Philippine Department of Foreign Affairs-led July commemorative conference in Pasay City, Philippine officials underscored how the award has been woven into domestic law and daily life. Foreign Affairs Secretary Tess Lazaro described the ruling as a “lighthouse.” “A lighthouse does not block the winds; it does not command the tides. It stands immovable upon bedrock, casting a steady, piercing beam to warn of hazards and guide all ships to safe harbor,” Lazaro said. She stressed that the award is final, legally binding, and not subject to negotiation, serving as a permanent anchor for the rules‑based order
that shields smaller nations from coercion. Solicitor General Darlene Marie P. Berberabe highlighted the ruling’s “quieter” but durable impact, noting that it protects the fish that feed coastal towns and the gas reserves beneath the seabed. She emphasized that Manila has translated the award from “paper into law, law into practice” through landmark legislation. The Philippine Maritime Zones Act (RA 12064) and the Archipelagic Sea Lanes Act (RA 12065), enacted in late 2024, firmly grounded maritime boundaries in both the Constitution and Unclos. “An award is paper until a Republic chooses to live by it,” Berberabe declared. “The South China Sea Award endures to this day not because it was rendered in The Hague, but because the Republic decided, in our constitution, in our laws, in our institutions, and outwards in our dealing with the world, to live by it.”
WHAT THE 2016 RULING CHANGED...AND DIDN’T LEGAL VICTORY Philippines’ sovereign rights recognized China’s nine-dash line invalidated International legal win
REALITY AT SEA Access remains restricted Fishermen turned away Fishing gear lost Production continues to decline
Since 2016, the country’s fisheries output has failed to breach the average 5.2 million metric tons (MMT) recorded in the previous decade, based on data from the Philippine Statistics Authority (PSA). Last year, fisheries production plummeted to 3.998 MMT, the lowest level in more than 20 years, or since the 3.296 MMT posted in 2004. Industry sources attributed the plunge in output to a raft of factors, including climate shocks and weak enforcement of laws against illegal, unreported, and unregulated (IUU) fishing. Oceana Vice President Von Hernandez, however, said Chinese incursions and ongoing tensions in the West Philippine Sea were an “aggravating factor” that contributed to the drop in local fish catch. “We say it aggravates because it restricts Filipino fishermen’s access to those traditional fishing grounds,” Continued on A2
[FILE] The Permanent Court of Arbitration (PCA) in The Hague, the Netherlands, hears the Philippines’ case against China over the South China Sea on July 7, 2015. On July 12, 2016, the arbitral tribunal ruled overwhelmingly in favor of the Philippines, declaring that China’s sweeping maritime claims based on its “nine-dash line” have no legal basis under the United Nations Convention on the Law of the Sea (UNCLOS). China rejected the tribunal’s jurisdiction and has refused to recognize the ruling. PERMANENT COURT OF ARBITRATION VIA AP
China’s legal counteroffensive
BEIJING has not ignored the ruling but launched a comprehensive counter-narrative. A new assessment by the China Institute for Marine Affairs (CIMA) systematically attacks the tribunal’s jurisdiction and findings. The report argues Unclos was a “package deal” forged through compromises, with deliberately ambiguous phrasing to balance interests. It cautions against elevating Unclos to a “Constitution for the Oceans,” insisting it is only one pillar of international law and does
not govern sovereignty, operating on the principle that “the land dominates the sea.” CIMA accuses the Philippines of “abusive practices” and “jurisdictional overreach,” claiming Manila fabricated a “mixed dispute” to trigger Unclos arbitration. It criticizes the tribunal’s interpretation of Article 121(3), which distinguishes islands from rocks, arguing the tribunal distorted the text and negotiating history to impose impractically high thresholds. The report claims this opened a
PATRIOTIC POSTURE In this photo provided by Atin-Ito/Akbayan Party, a fisher-
man raises a Philippine flag on his boat as activists and volunteers from a nongovernment coalition called Atin Ito, Tagalog for “This is Ours,” sailed at the South China Sea on Thursday, May 16, 2024. About 100 Filipino activists on wooden boats have decided not to sail closer to a fiercely disputed shoal in the South China Sea to avoid a confrontation with dozens of Chinese coast guard and suspected militia ships guarding the area. ATIN-ITO/AKBAYAN PARTY VIA AP
Continued on A2
PESO EXCHANGE RATES n US 61.5830 n JAPAN 0.3793 n UK 82.5766 n HK 7.8594 n CHINA 9.0683 n SINGAPORE 47.6649 n AUSTRALIA 42.7201 n EU 70.4017 n KOREA 0.0409 n SAUDI ARABIA 16.4042 Source: BSP (July 10, 2026)