China's alleged 'new model' deal over Ayungin Shoal invalid —Carpio

The alleged “new model” deal between China and the Philippines over Ayungin Shoal in the West Philippine Sea — an allegation made by the Chinese Embassy — was invalid, retired Supreme Court Justice Antonio Carpio said Wednesday.

“No, it is not [valid],” Carpio said in a press conference of Atin Ito Coalition.

He said the Armed Forces of the Philippines’ Western Command (WESCOM) has no authority to finalize an agreement with other countries without the involvement of the Department of Foreign Affairs (DFA).

“The WESCOM officer has no authority to commit because under our system of government, it is only the DFA who can negotiate and conclude treaties on behalf of the President,” Carpio said.

“Ang ginagawa ng Tsina, they will just talk to everybody and say, ‘Oh, naka-commit na 'yung Philippine government.’ That is not proper and it will not bind us because wala namamg authority ang kausap nila,” he added.

"What China is doing, they will just talk to everybody and say, 'Oh, the Philippine government has committed.' That is not proper and it will not bind us because they are talking to someone with no authority.)

For Carpio, the Chinese Embassy in Manila should be called out for talking to Philippine government officials without passing through the proper channel, which is the DFA.

Carpio was part of the Philippine delegation in the 2013 arbitration case against China, which led to the landmark victory for Manila in 2016. The Hague-based Permanent Court of Arbitration invalidated Beijing’s massive claims in South China Sea. China has rejected the decision.

'Dead story'

Meanwhile, Philippine Navy spokesperson for the West Philippine Sea Commodore Roy Vincent Trinidad said the issue on China’s supposed new model agreement with the Philippines is a “dead story.”

“That is a dead story. We have received guidance already from the commander-in-chief, from the National Security Adviser, from the Secretary of National Defense,” Trinidad told reporters.

“We need not dignify such dead stories that have been revived from the grave…and bring that story back to where it rightfully belongs, to the grave, never to be heard again,” he added.

Asked about the supposed audio recording of the conversation between a Chinese diplomat and WESCOM chief Vice Admiral Alberto Carlos, who is now on leave, Trinidad said:

“Anybody could say anything. These stories will be rehashed. We have to understand that today's warfare is a battle of narratives, it is a battle of shape in the perception of the people,” he added.

On Saturday, the Chinese Embassy said the WESCOM supposedly made an agreement with China on the “new model” for managing the situation at the Ayungin Shoal.

“To follow up on the important consensus between the two heads-of-state to deescalate tension in the South China Sea, the Chinese side and the Philippine side through AFP WESCOM agreed on a ‘new model’ for the management of the situation at Ren'ai Jiao early this year after multiple rounds of discussions,” it said.

Philippine officials have denied the said deal.

China claims almost the entire South China Sea, a conduit for more than $3 trillion in annual ship commerce. Its territorial claims overlap with those of the Philippines, Vietnam, Malaysia and Brunei.

Parts of the waters within the Philippines' exclusive economic zone have been renamed as the West Philippine Sea.

BRP Sierra Madre has been grounded at the Ayungin Shoal since 1999. It is manned by more than a dozen Marines and sailors. It has become a symbol of Philippine sovereignty in the offshore territory.

Ayungin Shoal is part of the Kalayaan Island Group as well as the Philippines' exclusive economic zone and continental shelf.

Resupply missions to the BRP Sierra Madre have become increasingly difficult as Chinese vessels have been disrupting the passage of Philippine vessels to the area. —KG, GMA Integrated News