The Department of Foreign Affairs (DFA) said Tuesday it has yet to receive an official directive from President Marcos to investigate the alleged wiretapping of conversations about a supposed “new model” deal on Ayungin Shoal in the West Philippine Sea (WPS).
“No, no, no… I have not received any instruction,” Foreign Affairs Secretary Enrique Manalo said in an interview in Taguig City.
Manalo said the DFA would act on the matter, depending on the available evidence. “If we find any evidence, obviously, we will take whatever action (is) considered necessary,” he added, noting that “this applies to all diplomats.”
The Armed Forces of the Philippines (AFP) has dismissed China’s claims of an agreement between a Philippine official and a Chinese diplomat concerning Ayungin Shoal. They argued that the transcripts and audio recordings of the alleged conversation could be fabricated.
This comes after China admitted to having recordings of talks involving its embassy personnel and a Philippine military official, prompting calls from several government officials for the expulsion of implicated Chinese diplomats.
Diplomatic Norms
DFA spokesperson Ma. Teresita Daza reiterated the importance of diplomats adhering to the 1961 Vienna Convention on Diplomatic Relations, which mandates respect for the laws of the host country.
The Chinese Embassy earlier claimed that the AFP Western Command (WESCOM) reached a “new model” agreement with China, allegedly approved by the Philippine government and the Department of National Defense (DND). But Defense Secretary Gilbert Teodoro, Jr. denied this.
The diplomatic row between Manila and Beijing has intensified following several confrontations between Chinese and Philippine Coast Guard ships at Ayungin Shoal and Scarborough Shoal. Both locations are within Manila’s exclusive economic zone and are also claimed by China.
In 2016, a United Nations-backed Permanent Court of Arbitration ruled that China’s expansive claims in the South China Sea—or WPS in Manila—have no legal basis. Beijing, however, continues to defy this decision.
Legal Implications
The Department of Justice (DOJ), meanwhile, highlighted the necessity of knowing and understanding the actual contents of the alleged “gentleman’s agreement” between the Philippines and China.
DOJ Senior State Counsel Fretti Ganchoon explained that such agreements, known as oral treaties, are valid under international law, but their legality depends on their contents.
Ganchoon, however, noted that President Marcos had already rescinded any supposed agreement on the removal of the BRP Sierra Madre from Ayungin Shoal.
“If such an agreement exists, I rescind that agreement now,” Marcos had stated back in 2023.
Under domestic law, treaties fall into two categories: executive agreements and formal treaties. Executive agreements do not require Senate concurrence, while formal treaties do.
Ganchoon emphasized the need to determine the nature of the alleged agreement based on its contents.
For her part, DFA Assistant Secretary Aileen Mendiola-Rau clarified that they only engage in written agreements, which undergo thorough legal scrutiny and require presidential approval.
She confirmed that the DFA has no record of any agreement concerning Ayungin Shoal.
