National Security Council (NSC) Assistant Director General Jonathan Malaya said there is a need to have a legal basis or an agreement before the Philippines and China can talk about its proposed joint military activities.

"The most important for us is to have a legal basis for the joint maritime exercises or whatever they (China) propose because we do not have a visiting forces agreement or similar arrangement with China so how can their troops come here," he said in a briefing on Tuesday.

"How can that kind of activity happen between China and the Philippines without a similar arrangement? So the first thing we have to do is to come out with a legal basis, an agreement before we even talk about such activities," he added.

Amid the recent harassment of Chinese vessels against the Armed Forces of the Philippines (AFP) and the Philippine Coast Guard (PCG) in Ayungin shoal, Malaya noted that the Philippine is "lukewarm" about the joint military activities offered by China.

"Of course because of what happened over the weekend, we are lukewarm (about it)," he said.

Malaya also mentioned that the Philippines can consider its plan to conduct joint maritime patrol with the United States to ensure freedom of navigation on the West Philippine Sea including the area of Ayungin Shoal.

"Yes, definitely, we can consider that as a deterrence primarily because the purpose of the joint sail is to ensure freedom of navigation and what we are doing now is resupplying our troops in Ayungin Shoal. (It) is also a form of expressing the freedom of navigation, ensuring that freedom of navigation in the exclusive economic zone of the Philippines," he said.

"What we have in our EEZ is sovereign rights but ships can come and go, but they cannot exploit the natural resources or station their troops. Freedom of navigation is critical so we consider our plan to conduct joint patrols with the US as a positive contributor to regional peace and stability as well as a deterrence on the part of the Philippines, so that we can ensure freedom of navigation in the West Philippine Sea," he added. Robina Asido/DMS