Tides of Defiance: Philippines’ Bold Second WPS Case Against China’s Ecological Assault on Vulnerable Communities

By Louis ‘Barok‘ C. Biraogo — May 16, 2025

Introduction: A Battle for Sea and Survival

The Philippines is gearing up for a second legal showdown against China over the West Philippine Sea (WPS), targeting Beijing’s environmental devastation in its Exclusive Economic Zone (EEZ). On May 14, 2025, the National Maritime Council (NMC) vowed to craft a “foolproof” case, building on the 2016 Permanent Court of Arbitration (PCA) ruling that rejected China’s sweeping claims. This case, centered on violations of the United Nations Convention on the Law of the Sea (UNCLOS), seeks accountability for coral reef destruction and marine pollution that cripple poor Filipino fishing communities. This critique dives into the legal firepower, geopolitical stakes, diplomatic tightrope, and human toll, spotlighting the marginalized fisherfolk bearing the brunt of China’s maritime aggression. It’s a fight not just for sovereignty but for survival.

Legal Firestorm: Arming the Case with UNCLOS and Precedent

The Philippines’ second WPS case is a legal juggernaut, wielding international and domestic laws to confront China’s environmental violations.

UNCLOS: The Legal Heavyweight: UNCLOS Part XII, specifically Article 192, mandates states to protect the marine environment, while Article 194 requires preventing pollution from activities like dredging. China’s reclamation, burying over 4,600 acres of reef, flouts these rules CSIS, 2023. The 2016 PCA ruling found China’s island-building caused “irreversible harm” to coral reefs, violating Articles 60 and 80. The 2023 ITLOS advisory opinion further classifies marine environmental harm as pollution, bolstering claims for damages.
Philippine Laws: Domestic Muscle: Presidential Decree No. 600 (1974) and PD 979 (1976) empower the Philippine Coast Guard to combat marine pollution. Republic Act No. 8550 (1998), the Fisheries Code, safeguards marine resources vital to fisherfolk, while Republic Act No. 9275 (2004), the Clean Water Act, extends protections to marine ecosystems. These laws quantify losses within the EEZ, aligning with UNCLOS.
“Foolproof” Strategy: Precision Strike: The NMC’s “foolproof” approach, as per GMA News, May 14, 2025, draws on the 2016 success, emphasizing airtight evidence like satellite imagery and fisherfolk testimonies. Filing at ITLOS leverages UNCLOS’s compulsory dispute settlement Part XV, bypassing China’s PCA defiance.

China’s ongoing violations, like giant clam harvesting, and its 2016 ruling rejection necessitate this legal offensive, reinforcing the rule of law against Beijing’s maritime overreach.

Geopolitical Maelstrom: Power Plays and Alliances

The second case ignites political and diplomatic sparks, reshaping domestic and global dynamics.

Domestic Political Gambit: For President Marcos Jr., the WPS case is a bold assertion of sovereignty, aimed at rallying national pride despite his supported candidates’ lackluster performance in the midterm elections, where China’s actions fueled heated debates Rappler, May 14, 2025. The DOJ-NMC’s unified push for a “foolproof” case seeks to shore up public support, but electoral setbacks and potential delays risk undermining his administration’s momentum.
Global Chessboard: The case aligns the Philippines with the U.S., Japan, and Australia, who champion a rules-based order in the $3 trillion South China Sea trade route. Joint patrols and U.S. base access Reuters, March 25, 2024 counter China’s militarization. In ASEAN, it may unite claimants like Vietnam, though the bloc’s consensus model limits bold moves. China’s likely retaliation—more maritime aggression or trade curbs—threatens ties Asia Society, 2024.
Diplomatic High-Wire: The Philippines pairs legal action with protests, filing regular démarches against 638 Chinese vessels and 270 aggressive acts in Q1 2025 GMA News, May 14, 2025. DOJ’s Atty. Ganchoon stresses protests are separate, preserving dialogue. Yet, China’s legal defiance suggests multilateral pressure via ASEAN or the UN is critical.

The case risks escalation but could rally global support for UNCLOS, exposing China’s ecological and legal transgressions.

Human Tragedy: Fisherfolk Caught in the Crosshairs

China’s actions devastate poor Filipino fishing communities, turning the WPS into a humanitarian crisis.

Livelihoods Shattered: In Masinloc, Zambales, Chinese blockades displaced 50% of fishermen, impacting 2,000 families now on government rations Peoples Development Institute, 2021. Fisherman Tolomeo Forones laments lost $705 hauls from Scarborough Shoal China-Global South Project, 2024. The WPS, supplying 7.2% of fisheries, saw galunggong production plummet 48% from 2007-2017, spiking prices for the poor Rappler, 2021.
Environmental Catastrophe: China’s dredging obliterated coral reefs, vital fish habitats, threatening sustainability. Coastal poverty rates exceed 20%, and women in fishing households face added burdens CIDS, UP, 2016. Indigenous communities risk losing marine-based traditions.
Economic Ripple Effects: Stalled oil and gas projects and declining tourism, driven by tensions, rob the poor of jobs. Untapped WPS resources could fuel growth, but Chinese intimidation stalls progress Maritime Fair Trade, 2024.

This isn’t just geopolitics—it’s a human rights crisis, with China’s defiance of the 2016 ruling deepening the suffering of marginalized Filipinos.

Battle Plan: Strategies for Justice and Relief

To tackle this crisis, the Philippines must blend legal, diplomatic, and humanitarian tactics:

Forge an Ironclad Case: Compile satellite imagery, marine surveys, and fisherfolk testimonies for ITLOS, leveraging UNCLOS Part XII and the 2023 ITLOS opinion. Seek reparations for ecological and economic losses.
Shield Vulnerable Communities: Expand BFAR’s payao programs and fund aquaculture and eco-tourism for displaced fisherfolk, with Department of Agriculture subsidies.
Amplify Global Pressure: Push for a regional marine protection framework via ASEAN and UN, rallying allies like Japan and the EU. Sustain U.S.-led patrols to deter aggression.
Mobilize Grassroots Voices: Partner with Peoples Development Institute and Tanggol Kalikasan to spotlight fisherfolk stories in global forums, boosting public support.
Seek Urgent Relief: Request ITLOS provisional measures to halt China’s destructive activities, citing irreparable harm UNCLOS Article 290.

These measures fuse legal precision with humanitarian urgency, protecting the vulnerable while pursuing justice.

Final Stand: Sovereignty and Solidarity

The Philippines’ second WPS case is a defiant stand for international law and environmental justice, but its heart lies with the fisherfolk fighting to survive. Armed with UNCLOS and the 2016 PCA precedent, it targets China’s ecological devastation, which starves coastal communities. Politically, it rallies domestic support and global allies, though China’s retaliation looms. Diplomatically, protests and legal action keep pressure on Beijing, but multilateral backing is key. Above all, the human cost—displaced fishermen, soaring food prices, ravaged reefs—demands action. The Philippines must wield law and solidarity to protect its most vulnerable, proving that justice can triumph over power in the turbulent tides of the WPS.

Disclaimer: This is legal jazz, not gospel. It’s all about interpretation, not absolutes. So, listen closely, but don’t take it as the final word.