China requires foreign warships exercising innocent passage to seek its consent before entering its territorial seas, said Jay Batongbacal, director of the University of the Philippines Institute for Maritime Affairs and Law of the Sea.
The incident cannot be considered an innocent passage because the trips moved in a zigzag path, said Lt. Gen. Cirilito Sobejana, commander of the Armed Forces of the Philippines' Western Mindanao Command. Sibutu Strait is covered by a trilateral cooperation agreement among the Philippines, Malaysia and Indonesia, which required all vessels to pass through "navigational corridors" to enhance the security of the area that is fraught with risks of piracy, sea robbery and terrorism, added Batongbacal.
Batongbacal also warned that the Philippines "should expect more frequent passage of Chinese warships through its waters as China expands its naval reach."
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