Marcos can rescind Duterte’s agreement with China, ex-SC justice says

Though former President Rodrigo Duterte entered into an agreement with China, retired Supreme Court Justice Francis Jardeleza on Monday stressed that President Ferdinand Marcos Jr. can rescind it as he is now the chief architect of foreign policy.

“Ang sabi naman ni (former presidential spokesperson Harry) Roque ay ginawa ‘yun ni Pangulong Duterte sapagkat gusto niyang may kapayapaan… another president can have another view,” Jardeleza said in an interview on Super Radyo dzBB.

(Roque said President Duterte did that because he wanted peace… another president can have another view.)

“Ang Pangulo ang chief architect of foreign policy. May bagong pangulo na tayo (The President is the chief architect of foreign policy. We have a new president),” he added.

“In fact, I think I have read that President Marcos has said that he never entered into that agreement,” he further said.

Last week, Roque said that Duterte entered into a “gentleman’s agreement” with China, which barred the country from sending repair materials to the BRP Sierra Madre in the Ayungin Shoal.

Supposedly, only delivery of food and water supplies to Filipino troops on the decrepit ship was allowed.

The National Task Force for the West Philippine Sea (NTF-WPS) last Wednesday said it was not aware of any “gentleman’s agreement” between the Philippines and China, and has not seen any document from the former administration that validates or confirms the deal.

“In any case, President Ferdinand Marcos, Jr. has settled the matter that even if such exists, he has rescinded it,” NTF-WPS spokesperson Jonathan Malaya said.

He also pointed out that the new administration under Marcos is not bound by any such agreement as it was detrimental to the national interest.

Retired Supreme Court Senior Associate Justice Antonio Carpio previously said that the agreement was a “disguised surrender” of the country’s EEZ rights as it gave China veto power over the Philippines' exclusive right to erect structures on Ayungin Shoal.

In a separate interview on Super Radyo dzBB, Roque said China might be able to take Ayungin Shoal “via force” if the Marcos administration will now follow the gentleman's agreement.

He said that the deal shows that there is an “alternative” to the current strategy of the Marcos administration.

“Siguro naman, alam ng mga Pilipinong publiko na mas mabuti ‘yung ganong polisiya dahil naiiwasan ‘yung paulit-ulit na mukhang kawawa ang ating mga kababayan na wina-water cannon,” he added.

(The Filipinos might know that this policy is better because it avoids the repeated instance wherein our countrymen are being water cannoned by China.)

He also claimed that it was not only the Duterte administration which used such strategy.

“Ang alternatibo na ito ay pinatupad hindi lang ni dating Presidente Duterte, kundi ng dating Presidente Noynoy Aquino. Kinakailangan talaga, kung gusto natin ng mapayapang relasyon sa Tsina, ay talagang i-observe natin kung ano ang naroroon na, ang status quo,” the former presidential spokesman said.

(This alternative was implemented not only by former President Duterte, but also by former President Noynoy Aquino. It is really necessary that if we want peaceful relations with China, we have to observe the status quo.)

GMA News Online reached out to former presidential spokesperson Abigail Valte for comment but has yet to receive a reply as of posting time.

Roque explained that since there is no formal written document to prove the deal, Marcos may decide not to abide by it.

He, however, warned that the cost of this might be the Philippines entirely losing Ayungin Shoal to China, just like how the Philippines lost Scarborough Shoal and Mischief Reef.

“It’s an issue now of wisdom. It's an issue of foreign policy na tanging si PBBM lang ang pwedeng bumuo at titingnan nating paano maalala si PBBM sa kasaysayan ng Pilipinas. Dahil ang aking prediction, kung magpapatuloy siya sa kanyang direksyon, mawawala rin sa atin ang Ayungin gaya nang nawala sa panahon ni Presidente Noynoy Aquino ang Scarborough,” Roque said.

(It's an issue now of wisdom. It's an issue of foreign policy that only PBBM can make, and we will see how PBBM will be remembered in the history of the Philippines. Because my prediction is, if he continues in this direction, we will also lose Ayungin like we lost Scarborough during the time of President Noynoy Aquino.)

“Via force na nga ang mangyayari diyan dahil ang Scarborough naman, kabahagi ng ating exclusive economic zone pero kontrolado ngayon ng Tsina. Ganyan din ang mangyayari diyan sa Ayungin,” he added.

(This will happen via force because Scarborough was also part of our exclusive economic zone but is now controlled by China. The same will happen in Ayungin Shoal.)

Arbitration expenses

Jardeleza also urged Marcos to reveal the expenses of the government when it filed its first case against China before the Arbitral Tribunal, which the country won. 

In 2016, the Permanent Court of Arbitration concluded that China has no legal basis to claim historic rights to resources within the sea areas falling within the ‘nine-dash line.’

“Ako ay nanawagan na kay Pangulong… Marcos na ilahad na kung magkano ang ginastos ng Pilipinas sa pagdulog ng first arbitration natin. Sapagkat, hindi po maliit na halaga, milyon milyong piso,” Jardeleza said.

(I am calling on President Marcos to reveal how much the country spent on the first arbitration. Because it wasn't a small amount. We spent millions.)

“Malaki gastos natin. Malaki din panalo natin… sinasabi black and white, China. China, Republika ng China ang responsible,” he added.

(We spent a lot and also won big... It was black and white. China, the Republic of China was responsible.)

The Philippine government is also eyeing to file an environmental case against China over concerns in the WPS by 2024.

GMA News Online reached out to Malacañang for comment on the statements of Jardeleza and Roque but has yet to receive a reply as of posting time.

Carpio doubts Roque's claims of PNoy "gentlemen's agreement"

Meanwhile, former Supreme Court Associate Justice Antonio Carpio raised doubts over former presidential spokesperson Harry Roque’s claim that former President Benigno “Noynoy” Aquino III made a status quo deal with China that Manila will not make improvements on BRP Sierra Madre at Ayungin Shoal.

Carpio was responding to Roque’s comments that the late President Aquino and his successor, President Rodrigo Duterte, both entered into a gentleman’s agreement with China which bars the Philippines from sending repair materials to BRP Sierra Madre, a World War II era tank landing ship that the Philippine Navy intentionally ran aground at Ayungin Shoalin 1999 to serve as an outpost in the disputed West Philippine Sea.

“That's the first time I'm hearing that PNoy had a similar ‘gentlemen's agreement’ with China,” Carpio, told GMA News Online.

Carpio was part of the Philippine legal team that filed a case against China before the Permanent Court of Arbitration at the Hague in 2013 namid China’s growing aggression in the West Philippine Sea.

“I doubt the veracity of that because in the Hague arbitration [proceedings], we expressly claimed that Ayungin Shoal is part of Philippines’ exclusive economic zone (EEZ) the consequence of which is that the Philippines has exclusive right to erect a structure on Ayungin Shoal,” Carpio said.—Joahna Lei Casilao, Giselle Ombay and Llanesca Panti/AOL/RF, GMA Integrated News