Duterte-Xi secret deal meant giving away Ayungin Shoal - Carpio

"PINAMIGAY NA niya kasi 'yun ang gusto ng China (He gave it away because that is what China wanted)." This is how retired Supreme Court Senior Associate Justice Antonio Carpio describes the secret deal between former President Rodrigo Duterte and Chinese President Xi Jinping to disallow repairs on the BRP Sierra Madre.

In an interview, Carpio said Duterte and Xi's "gentleman's agreement" not to allow the delivery of construction material to repair the rusting BRP Sierra Madre is disadvantageous to the Philippines especially since the ship is used as a military outpost to establish the country's sovereignty in Ayungin Shoal (Second Thomas Shoal).

"'Yung gentleman’s agreement na hindi tayo magdala ng construction material para irepair ang BRP Sierra Madre, mali 'yun kasi everybody knows na magco-collapse na 'yung BRP Sierra Madre. Kasi antagal na, rusty na 'yung superstructure. Anytime mag co collapse 'yan kaya kailangan i-repair. 'Yung pagpayag ni Duterte na hindi tayo magrepair is against our interest kasi anytime it can collapse. 'Yan ang gusto ng Tsina, na magcollapse tapos wala na tayo," Carpio said in an interview on TeleRadyo Serbisyo, adding "it is against our interest, talagang dehado tayo sa gentleman’s agreement na 'yan."

The 100-meter BRP Sierra Madre began its life as the USS LST-821, a tank landing ship of the US Navy during World War II. The ship was later renamed the USS Harnett County and used as a floating base in the Mekong Delta during the Vietnam War. 

A gentleman's agreement between the Philippines and US allowed the transfer of the ship to the Philippine Navy after it was used to transport thousands of Vietnamese refugees to the Philippines. It was later renamed the BRP Sierra Madre. 

After decades of service, the BRP Sierra Madre was deliberately run aground in Ayungin Shoal in 1999 in an effort to check Beijing's advance in the contested waters.

Former Presidential Spokesman Harry Roque, who served under Duterte, earlier said Duterte and Xi struck what he called a "gentleman's agreement" that would maintain the status quo in the West Philippine Sea. This meant no new structures or repairs including on the BRP Sierra Madre, in exchange for allowing Filipino fishermen to fish in the area. 

Carpio, however, said the deal meant Duterte ignored the 2016 arbitral ruling that determined that Ayungin Shoal and Mischief Reef (Panganiban Reef), located within 200 nautical miles of Palawan, form part of the Philippines’ exclusive economic zone and continental shelf.

"We could have repaired the BRP Sierra Madre before but China is stopping us because of the agreement but that is a personal agreement between Xi and Duterte. We didn't even know about it, it just came out now," he said.

He noted the Marcos administration is not bound by the agreement since it is between two leaders, not state to state.

"Walang kasulatan, verbal lang, it will not bind the next administration. Hindi nga in-announce 'yan, ngayon lang lumabas," he said.

He reiterated his proposal for the Philippines to build a civilian structure such as a lighthouse or marine research center on Ayungin Shoal, which could be used to protect the marine environment amid reports of rampant coral harvesting by Chinese vessels and increased aggression by Beijing in the area.

"Pwede tayong mag-announce na magtayo ng lighthouse and marine research center sa Ayungin Shoal kasi it’s part of the right of the coastal state sa kanilang exclusive economic zone. Part ng EEZ natin 'yung Ayungin Shoal, pwede tayong magtayo ng light house or marine research center. Civilian 'yan. Itong BRP Sierra Madre, military 'yan, outside the jurisdiction ng UNCLOS 'yan," he said.

He also urged Filipinos to watch his lectures on YouTube to debunk China's claims that it has ownership over the entire South China Sea. (David Dizon / ABS-CBN News)