THE WEST PHILIPPINE SEA: We Have Sovereign Rights in Our Exclusive Economic Zone, Not Territorial Ownership of the Entire Sea

*Dr. Rodolfo John Ortiz Teope, PhD, EdD, DM

Before sunrise, a Filipino fisherman checks his boat, counts what he can spend on fuel, and heads out to sea. Sa bahay, may pamilyang naghihintay. His hope is simple: enough catch to pay for food, school expenses, and another day of living.

For him, the West Philippine Sea is more than a diplomatic issue. It is where he works. Kapag may malaking foreign vessel na lumapit sa kanyang maliit na bangka, the concern becomes immediate: Makakapangisda pa ba siya? Makakauwi ba siyang ligtas?

Those questions deserve protection and clear answers. Kapag sinasabi nating “atin ang West Philippine Sea,” we need to understand what we are defending. Are we referring to Philippine territory, rights over natural resources, or jurisdiction over particular activities? Magkakaugnay ang mga ito, pero hindi magkakapareho ang kanilang legal meaning.

We must also be careful with the statement that nations cannot own seas and oceans. No nation can claim sovereignty over any part of the high seas. Article 89 of the United Nations Convention on the Law of the Sea, or UNCLOS, expressly prohibits it. The high seas cannot become a country’s territory simply because that country names them, patrols them, or draws a line around them on a map.

Pero hindi ibig sabihin nito na lahat ng maritime waters ay nasa labas ng national sovereignty. States exercise sovereignty over their internal waters and territorial seas. An archipelagic state such as the Philippines also exercises sovereignty over its archipelagic waters, subject to the conditions and passage rights recognized by UNCLOS. Kaya mas accurate sabihin na nations cannot treat the seas and oceans as unlimited national possessions; their authority depends on the maritime zone and the rights recognized by international law.

This distinction matters because an exclusive economic zone is not territorial ownership. Within its exclusive economic zone, the Philippines has sovereign rights to explore, exploit, conserve, and manage natural resources. May jurisdiction din tayo over specified matters, including marine scientific research, artificial islands and installations, and protection of the marine environment. These are substantial rights, although they differ from sovereignty over territory.

A coastal state’s territorial sea may extend up to 12 nautical miles from its applicable baselines. Beyond it lies the exclusive economic zone, which may reach a maximum of 200 nautical miles measured from those baselines. Hindi ito dagdag na 200 nautical miles pagkatapos ng territorial sea. At hindi lahat ng nasa loob ng distansiyang iyon ay awtomatikong territorial waters ng bansa.

Hindi nito pinapaliit ang Philippine rights. It explains their scope. The Philippines does not need territorial ownership over the entire exclusive economic zone to protect its fisheries, petroleum, and other natural resources. UNCLOS recognizes sovereign rights for those purposes. Kaya parehong nakalilito ang “atin ang lahat ng naroon” at “dahil hindi natin teritoryo, wala tayong karapatan doon.”

It is equally important to distinguish the exclusive economic zone from the high seas. They have different legal regimes. An exclusive economic zone carries specific coastal-state rights, even while preserving important freedoms for other countries. Hindi tamang tawagin itong lugar na puwedeng gawin ng kahit sino ang anumang gusto niya.

International freedom of navigation is one of those preserved freedoms. Ships of all states may navigate through another country’s exclusive economic zone, subject to UNCLOS. The Convention also recognizes freedom of overflight and the laying of submarine cables and pipelines under its applicable rules. Kung may foreign cargo ship na dumaraan papunta sa ibang bansa, its presence alone does not establish a violation of Philippine rights.

But passing through and taking resources are different activities. A vessel navigating across the zone may be exercising a lawful freedom. A vessel fishing, drilling, or exploring for resources must respect the coastal state’s rights and applicable legal requirements. Ang karapatang dumaan ay hindi awtomatikong karapatang mangisda, mag-drill, o kontrolin ang kabuhayan ng iba.

These freedoms come with responsibilities. Other states must exercise their rights with due regard for the coastal state’s rights and duties. The coastal state must likewise respect the lawful freedoms of others. May karapatan ang magkabilang panig, at may obligasyon silang igalang ang isa’t isa.

Passage through the territorial sea follows a different rule. Foreign ships enjoy innocent passage there, subject to UNCLOS conditions. Fishing or conducting research during passage, for example, can make it non-innocent. This is why a vessel’s exact location matters. Hindi puwedeng ilapat sa buong exclusive economic zone ang lahat ng rules para sa territorial sea.

These distinctions become particularly important when discussing Chinese patrols.

Understandably, many Filipinos feel uneasy when a large Chinese coast guard vessel appears near fishing grounds. Para sa isang mangingisda, mahirap maging kampante kapag napakalaking barko ang katabi ng kanyang bangka. That concern deserves attention. A legal assessment, however, must examine both the vessel’s presence and its conduct.

A Chinese vessel is not automatically violating Philippine rights simply by navigating within the Philippine exclusive economic zone. It may exercise navigation freedoms, just as vessels of other states may. But describing an operation as a “patrol” does not make every action during that operation lawful.

What is the patrol doing? Is it sailing through? Is it ordering Filipino fishermen to leave? Is it preventing a Philippine-authorized resource survey from continuing? Is it physically obstructing another vessel or creating a risk of collision? Hindi sapat ang larawan ng isang barko upang sagutin ang lahat ng ito. We need its location and the facts of its conduct.

A Chinese patrol does not acquire authority over Philippine resources merely by entering the exclusive economic zone. Freedom of navigation does not authorize interference with Philippine sovereign rights. Kung ginagamit ang patrol upang kontrolin ang lawful fishing or resource exploration in an area where Philippine rights apply, ibang legal issue na iyon.

The 2016 South China Sea arbitral award provides concrete examples. The tribunal found that China violated Philippine sovereign rights through interference with fishing and petroleum exploration, construction of artificial islands, and failure to prevent Chinese fishermen from fishing in areas of the Philippine exclusive economic zone. It also found that Chinese law enforcement vessels created a serious risk of collision when they physically obstructed Philippine vessels. These findings concerned specific actions; they did not declare every Chinese ship in the region unlawfully present.

At Reed Bank, the case examined an incident in which Chinese surveillance vessels demanded that a Philippine-authorized seismic survey vessel stop its work and leave. Ang legal issue ay ang interference with an activity connected to Philippine rights over seabed resources. That gives the complaint a clearer foundation than simply saying that foreign ships were present.

We should be equally accurate about the award’s limits. It did not settle sovereignty over all disputed islands and rocks, and it did not draw a maritime boundary between the Philippines and China. It addressed maritime entitlements, the status of features, and particular conduct under UNCLOS. Among its findings, Mischief Reef and Second Thomas Shoal are low-tide elevations within the Philippine exclusive economic zone and continental shelf in an area without an overlapping entitlement generated by the features examined.

China rejects the award, but rejection does not erase its binding legal status between the Philippines and China in respect of the dispute decided. Article 296 of UNCLOS and Article 11 of Annex VII establish the finality and binding force of such decisions and awards. Magkaiba ang obligasyong sumunod at ang aktuwal na pagsunod. Refusal to accept a ruling does not, by itself, cancel that obligation.

Understanding these distinctions strengthens the Philippine position. Hindi natin kailangang palawakin ang sinabi ng tribunal upang ipagtanggol ang mga karapatang kinilala nito. Nor should freedom of navigation become an excuse to ignore interference with lawful Philippine activities.

A responsible public discussion asks concrete questions: Where did the incident happen? What did the vessel do? Whose lawful activity was affected? Which rule applies? These questions turn concern into a claim that government can explain and defend with evidence.

The Philippines can respect international freedom of navigation while firmly protecting its sovereign rights. Walang contradiction doon. Recognizing that we do not own the entire West Philippine Sea does not mean abandoning Philippine territory, surrendering resource rights, or accepting unlawful interference.

For the fisherman who left before sunrise, these distinctions must eventually mean safe access to lawful fishing grounds, protection of marine resources, and a government prepared to defend his rights. His family is waiting for more than a statement. Naghihintay sila sa kanyang ligtas na pag-uwi, sa kanyang huli, at sa kabuhayang umaasa sa dagat.

Understanding what is ours, what is open to others, and where the law draws the line helps us defend the country responsibly. At the center of that responsibility is a simple human hope: that those who go out to earn an honest living at sea can return home safely.

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Beyond the West Philippine Sea: Why Gibo Teodoro Must Become More Than a Defense Secretary to Become President in 2028

*Dr. Rodolfo John Ortiz Teope, PhD, EdD, DM

One evening, I had a lengthy conversation with a retired general whom I have known and respected for many years. Our discussions have always been intellectually stimulating because they are never confined to personalities. Instead, they revolve around institutions, governance, national security, and the future of the Republic.

As expected, our conversation eventually drifted to the 2028 Presidential Election.

Without hesitation, he looked at me and said, “If you ask me who among those being mentioned today possesses the competence to become President, I believe Gibo Teodoro is the most qualified.”

I smiled.

Knowing me, I never accept statements at face value, regardless of who says them. I have always believed that democracy deserves questions more than applause.

“Bakit?” I asked him.

His answer surprised me.

“Hindi dahil Defense Secretary siya. Hindi dahil matalino siya. Hindi rin dahil mahusay siyang abogado. It’s because he understands that the future of the Philippines will be determined not only by politics but by national security.”

I paused for a moment.

Then I asked him another question.

“But is that enough for him to become President?”

The retired general remained silent for a few seconds before answering.

“Not yet.”

That answer stayed with me long after our conversation ended.

It made me realize that perhaps many Filipinos still misunderstand what the West Philippine Sea truly represents.

Marami pa rin ang naniniwala na ang usapin ng West Philippine Sea ay problema lamang ng Navy, Coast Guard, Air Force, o ng Department of National Defense. Kapag naririnig natin ang salitang West Philippine Sea, ang unang pumapasok sa isip natin ay barko, missile, fighter jets, military exercises, at mga territorial disputes.

Pero sa totoo lang, napakaliit lamang ng bahagi ng kuwento ang military aspect.

The West Philippine Sea is no longer merely a defense issue.

It is an economic issue.

It is a political issue.

It is an environmental issue.

It is an energy issue.

Most importantly, it is an issue that quietly affects the daily lives of every Filipino family.

Hindi man ito agad napapansin, pero bawat galaw sa West Philippine Sea ay may epekto sa presyo ng pagkain, sa kabuhayan ng ating mga mangingisda, sa energy security ng bansa, sa investor confidence, at maging sa halaga ng piso.

Kapag natatakot ang investors dahil sa geopolitical uncertainty, bumabagal ang investments.

Kapag bumabagal ang investments, bumabagal ang trabaho.

Kapag bumabagal ang trabaho, bumababa ang purchasing power ng ordinaryong Pilipino.

Kapag nahihirapan ang ating mga mangingisda dahil sa harassment sa ating sariling Exclusive Economic Zone, naaapektuhan ang suplay ng isda.

Kapag lumiit ang supply, tumataas ang presyo.

Kapag tumataas ang presyo, ang unang naaapektuhan ay hindi ang mga mayayaman.

Kundi ang ordinaryong pamilya.

Ang nanay na namamalengke.

Ang tatay na naghahanapbuhay.

Ang estudyanteng umaasa sa baon.

The West Philippine Sea eventually reaches every Filipino dining table.

Perhaps this is where Secretary Gibo Teodoro has an opportunity.

Throughout his tenure as Secretary of National Defense, he has established himself as one of the administration’s strongest voices in defending Philippine sovereignty. He has consistently articulated the country’s legal position under international law while emphasizing modernization of the Armed Forces and stronger strategic partnerships.

These are important accomplishments.

But presidential elections are not won by accomplishments alone.

They are won by convincing people that you understand their everyday struggles.

Ito ang malaking hamon kay Secretary Gibo Teodoro.

Today, many Filipinos know him as a brilliant lawyer.

Others know him as an excellent Defense Secretary.

Some admire his intellectual depth.

Some appreciate his firmness on the West Philippine Sea.

But very few probably know what kind of President he intends to become.

That distinction is important.

Because the Filipino people do not elect a Defense Secretary.

They elect a President.

And a President carries responsibilities far beyond national defense.

The President worries about inflation.

The President worries about agriculture.

The President worries about education.

The President worries about healthcare.

The President worries about corruption.

The President worries about disaster preparedness.

The President worries about digital transformation.

The President worries about jobs.

The President worries about the future of every Filipino child.

Kung gusto ni Secretary Teodoro na maging tunay na malakas na contender sa 2028, kailangan niyang ipakita sa taumbayan na ang kanyang pagtingin sa West Philippine Sea ay hindi nagtatapos sa maritime security.

Kailangan niyang ipaliwanag kung paano ito konektado sa food security.

Sa energy security.

Sa national economy.

Sa investments.

Sa tourism.

Sa fisheries.

Sa environmental sustainability.

At higit sa lahat, sa kinabukasan ng bawat Pilipino.

People must begin seeing him not simply as the guardian of Philippine territory.

But as someone capable of protecting the Filipino dream.

Isa pa sa dapat niyang gawin ay mas lumapit sa ordinaryong mamamayan.

Hindi sapat ang press conferences.

Hindi sapat ang policy speeches.

Hindi sapat ang military briefings.

The Filipino voter appreciates leaders who listen.

Leaders who walk inside public markets.

Leaders who talk to jeepney drivers.

Leaders who visit fishing communities.

Leaders who understand what inflation feels like because they have listened to mothers budgeting every peso.

Leadership begins with listening before speaking.

I also believe Secretary Teodoro must become more visible in discussing domestic governance.

Hindi lamang defense.

Hindi lamang geopolitics.

Kundi pati ekonomiya.

Artificial Intelligence.

Education.

Government efficiency.

Digital transformation.

Environmental protection.

Disaster resilience.

Health care.

Agriculture.

Urban development.

The Filipino people need to hear his thoughts about these issues.

Not because he lacks competence.

But because the public has yet to associate him with them.

Another area where he can make a significant impact is integrity.

Corruption remains one of the deepest frustrations of our people.

Every administration has promised to fight it.

Yet every administration has also faced questions about it.

Imagine if Secretary Teodoro becomes known not only as the man who defended Philippine sovereignty, but also as the leader who championed transparency, meritocracy, institutional reforms, and accountability.

That would resonate beyond politics.

Because corruption affects everyone.

Kapag may corruption sa flood control, tayo ang binabaha.

Kapag may corruption sa edukasyon, ang mga bata ang nahuhuli.

Kapag may corruption sa health sector, ang pasyente ang nagdurusa.

Kapag may corruption sa infrastructure, ang buong bansa ang nagbabayad.

Integrity is not merely a moral issue.

It is an economic issue.

It is a governance issue.

It is a quality-of-life issue.

Finally, I believe Secretary Teodoro must give Filipinos something every successful presidential candidate eventually offers.

Hope.

Hindi sapat ang sabihin kung ano ang mga banta.

Mas mahalagang sabihin kung paano magiging mas maganda ang kinabukasan.

Filipinos do not wake up every morning thinking about geopolitics.

They wake up thinking about tuition.

Electric bills.

Rice prices.

Traffic.

Employment.

Hospital expenses.

The future of their children.

If Secretary Teodoro can connect all these concerns into one coherent national vision, then the conversation about his presidential prospects will naturally become stronger.

Because leadership is ultimately about making people believe that tomorrow can become better than today.

As I ended my conversation with the retired general, I asked him one final question.

“So, do you think Gibo can win in 2028?”

He smiled.

“Winning an election,” he said, “is never determined solely by qualifications. Many qualified people have lost elections. Many popular people have won them.”

He paused before continuing.

“But if he can convince the Filipino people that the West Philippine Sea is not simply about defending islands but about defending every Filipino family’s future, and if he can expand that message into a vision for cleaner government, a stronger economy, better education, and a more united nation, then he will no longer be seen merely as a Defense Secretary.”

“He will begin to be seen as a President.”

As I drove home that evening, I kept reflecting on those words.

Perhaps that is the challenge before every aspiring national leader.

Not simply to prove that they can defend the Republic’s borders.

But to convince every Filipino that they can defend their dreams.

Because in the end, presidents are remembered not only for the wars they prevented or the territories they protected.

They are remembered for the lives they changed, the opportunities they created, the institutions they strengthened, and the hope they gave to a nation searching not merely for another politician, but for a statesman.

*****************************************

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*About the author:

Dr. Rodolfo “John” Ortiz Teope is a distinguished Filipino academic, public intellectual, and advocate for civic education and public safety, whose work spans local academies and international security circles. With a career rooted in teaching, research, policy, and public engagement, he bridges theory and practice by making meaningful contributions to academic discourse, civic education, and public policy. Dr. Teope is widely respected for his critical scholarship in education, management, economics, doctrine development, and public safety; his grassroots involvement in government and non-government organizations; his influential media presence promoting democratic values and civic consciousness; and his ethical leadership grounded in Filipino nationalism and public service. As a true public intellectual, he exemplifies how research, advocacy, governance, and education can work together in pursuit of the nation’s moral and civic mission.

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