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Scarborough

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Scarborough
I. INTRODUCTION

On 8 April 2012, a Philippine surveillance plane spots eight Chinese fishing vessels anchored in a lagoon at Scarborough Shoal. As a response, the Philippine Navy dispatched the BRP GREGORIO DEL PILAR, the lone Navy warship acquired from the United States, from Palawan to the waters of Northern Luzon to conduct surveillance and maritime patrol over the Shoal. On 10 April 2012, upon verification of the company of fishing vessels anchored on the shoal, the Navy warship deployed a boarding team of Filipino sailors for an inspection. The boarding team discovered large amounts of illegally collected corals, giant clams, and live sharks inside the fishing boats. The dispute prompted the deployment of two Chinese maritime surveillance ships which positioned themselves between the Philippine Navy warship and the Chinese fishing vessels, preventing the apprehension of the fishermen and the confiscation of the contraband catch.

The tension over the waters of Scarborough Shoal arises from the basic question of ownership, whether by discovery or occupation, between the conflicting territorial and maritime claims of China and the Philippines. The former argues that it first discovered and mapped the entire South China Sea as early as 1271-1368 AD during the Yuan Dynasty whereas the latter bases its claim on historical dominion of the territory, the earliest being the Carta Hydrographical y Chorographics De Las Yslas Filipinas (or "Hydrographic and Chorographic Map of the Philippine Islands") published in 1734 by Fr. Velarde, identifying the Shoal as part of Zambales.

However, before any question or claim is to be assessed or judged, it is necessary first and foremost that a determination be made as to the exact nature of the object under dispute so as to understand better what rights attach as to either claimant. The preliminary matter to be considered is whether Scarborough Shoal is an island or a mere rock formation. It should be noted that not all

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