Carpio fears PH pact on Ayungin Shoal may expand China’s reach

MANILA, Philippines — The Philippines and China’s “provisional understanding” regarding the Manila’s rotation and resupply (RORE) missions in Ayungin Shoal should be “temporary” and “end soon,” according to retired Supreme Court Senior Associate Justice Antonio Carpio.

Carpio claimed China might expand this understanding to the entire West Philippine Sea, reiterating that Ayungin Shoal is inside that country’s exclusive economic zone (EEZ), which he explained meant all countries have the freedom to navigate the area.

READ: PH, China agree to honor provisional understanding on Ayungin trips

The former senior associate justice was part of the team that argued the claims of the Philippines before the arbitral tribunal of the United Nations Convention on the Law of the Sea. The tribunal decided in favor of the Philippines.

“We cannot expand this, it should be temporary, and we should end it as soon as we can because what I can see China will do now is expand this agreement to the entire West Philippine Sea,” he explained in a forum in Quezon City on Wednesday.

Based on previous reports, the provisional understanding between the two countries allows Manila’s RORE missions to BRP Sierra Madre in Ayungin Shoal.

On January 17, both countries upheld this understanding during the 10th Bilateral Consultation Mechanism (BCM) on the South China Sea. The Department of Foreign Affairs explained that the two parties acknowledged the “positive outcomes” of the understanding and “agreed to continue its implementation to sustain the de-escalation of tensions without prejudice to respective national positions.”

But Carpio expressed worry with the setup, claiming that the Asian superpower might think that it has “some sort of control” over the Philippines’ RORE missions.

“We can give them some leeway but only once, because if you allow it, again and again, it becomes precedence and that is what we don't want,” he said.

“Because right now, if you look at it every time we resupply in [BRP] Sierra Madre we have to meet with the Chinese. Is that mandatory? The Chinese are saying that it is mandatory, we say it's not mandatory, but we comply with it,” Carpio claimed.

“By practice, we actually follow what China wants. We have to sit down with them before we resupply Sierra Madre,” he further said.

PH notifies, not ask permission

Contrary to what Carpio said, National Security Council and National Task Force West Philippine Sea spokesperson Jonathan Malaya said the Philippines does not meet with China to seek the latter’s permission to conduct RORE missions.

“There is no meeting, na we sit down with them and where we sit down with them or where we meet with them every time we do our resupply mission. We don't do that,” Malaya said in a mix of English and Filipino in an ambush interview after the forum.

“There is something called notifying them but not asking for permission. Permission is different from notification, for example, you inform that you are going out, just like that. But if you ask if it's okay to go out, it's a different story,” he further explained partly in Filipino.

“We don’t get permission. We just have a notification system with them that for this day we are conducting a resupply mission. So do not interfere with our operations,” he added.

When asked about concerns that this understanding could extend to other West Philippine Sea features, Malaya said that would only be limited to Ayungin Shoal.

“We are not gonna do that. As mentioned, this arrangement is only for Ayungin. It does not apply to other parts of the West Philippine Sea,” he disclosed.

He added that China also notifies the Philippines how many Chinese ships operate in the shoal.

“It is a win for the Philippines — because at the end of the day, we are able to resupply BRP Sierra Madre, and the crew there do not get hungry. Plus BRP Sierra Madre gets to stay there,” he said.

 

(2025/01/29-14:47)