Metro Manila, Philippines – Senator Francis “Kiko” Pangilinan has filed a resolution seeking an inquiry on the reported “Ayungin deal” or “provisional understanding” between the Philippines and China, saying lawmakers should determine whether the arrangement is consistent with the 2016 South China Sea arbitral ruling and protects the country’s sovereign rights in the West Philippine Sea.
Pangilinan filed Senate Resolution 536 on July 28, directing the appropriate committee to conduct an inquiry, in aid of legislation, on the reported arrangement governing rotation and resupply (RORE) missions to the grounded BRP Sierra Madre at Ayungin (Second Thomas) Shoal.
The resolution seeks to determine the arrangement’s “consistency with the 2016 arbitral award and its implication on the Philippines’ sovereign rights in the West Philippine Sea.”
The lawmaker said the Senate inquiry should also examine the legal basis, scope and implementation of the reported understanding with China.
“Questions have been raised regarding the legal basis, scope, and implications of any understanding governing Philippine activities at Ayungin Shoal,” the resolution stated.
The resolution also seeks to determine whether there are “adequate institutional safeguards” to ensure accountability in negotiating future arrangements affecting the country’s maritime rights.
Pangilinan cited the 2016 arbitral ruling, which declared Ayungin Shoal a low-tide elevation within the Philippines’ exclusive economic zone (EEZ) and continental shelf under UNCLOS.
He also cited Supreme Court decisions affirming the Senate’s authority to conduct inquiries in aid of legislation and recognizing that treaties and executive agreements must conform with the Constitution and protect the country’s territorial and maritime rights.
The resolution comes after a confrontation near the grounded BRP Sierra Madre on July 20 took place between the Armed Forces of the Philippines and China Coast Guard and damaged a military boat during a lawful rotation and resupply mission.
The incident prompted Manila to file a diplomatic protest against Beijing.
Chinese Ambassador Jing Quan later said Philippine activities near the Sierra Madre violated the spirit of the provisional understanding.
“We hope that both sides will follow the spirit of the agreement. No new construction, no change of the status quo,” Jing told reporters last week.
The Department of Foreign Affairs rejected that interpretation, saying the Philippines does not need China’s permission to conduct missions to Ayungin Shoal.
“It is not a grant of or a request for permission to any foreign government,” the DFA said in a statement.
The department added that the provisional understanding “does not recognize any foreign jurisdiction over Philippine waters” and “does not concede the Philippines’ sovereignty, sovereign rights and jurisdiction.”
The DFA has maintained that the Philippines’ legal position under UNCLOS and the 2016 arbitral award “remains unchanged and non-negotiable.”
