Senator Francis “Kiko” Pangilinan is asking the Senate to investigate the so-called “Ayungin Deal” or “Provisional Understanding” that the Philippines entered with China for the former’s rotation and resupply mission operations to the grounded BRP Sierra Madre.
Proposed Senate Resolution No. 536, filed on July 27, directs the appropriate Senate committee to conduct an inquiry, in aid of legislation, into the deal with China “to determine its consistency with the 2016 arbitral award and its implication(s) on the Philippines’ sovereign rights in the West Philippine Sea.”
In the resolution, the senator cited the final and binding 2016 Arbitral Tribunal victory awarded to the Philippines to invalidate the basis of China’s claims in the West Philippine Sea, and render Ayungin Shoal (Second Thomas Shoal) as a low-tide elevation within the Philippines’ exclusive economic zone (EEZ) and continental shelf.
Questions have been raised regarding the legal basis, scope, and implications of any understanding governing Philippine activities at Ayungin Shoal, highlighting the need to ensure its consistency with the 2016 Arbitral Award, UNCLOS, and established principles of Philippine sovereignty, sovereign rights, and jurisdiction.
The senator also wants to look into whether there are “adequate institutional safeguards” to ensure accountability in the negotiation of future arrangements that affect the country’s maritime rights.
Retired Supreme Court Senior Associate Justice Antonio Carpio has called for the cancellation of the deal, saying that he will bring it up either before the high court or Congress. He said the arbitral victory already declared the Ayungin Shoal as part of the Philippines’ EEZ.
Pangilinan’s resolution comes after two Philippine Navy personnel were wounded by the China Coast Guard after a confrontation at the BRP Sierra Madre.
Chinese Ambassador Jing Quan said the activities at the Sierra Madre went against the spirit of the provisional agreement.