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Former President Duterte’s deal with China that prevents the Philippines from repairing and reinforcing the BRP Sierra Madre in Ayungin Shoal violates the Philippine Constitution and international law, a maritime law expert said.

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XI afp  DUTERTE  04122024

Pia Gutierrez

ABS-CBN News

<div><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/1712915763780XI-afp--DUTERTE--04122024.jpg" style="width:950px" class="fr-fic fr-dib" alt="Former President Duterte’s deal with China that prevents the Philippines from repairing and reinforcing the BRP Sierra Madre in Ayungin Shoal violates the Philippine Constitution and international law, a maritime law expert said."/></div><div><br/></div><div><span dir="ltr" id="isPasted"></span></div><p>MANILA - Former President Duterte’s deal with China that prevents the Philippines from repairing and reinforcing the BRP Sierra Madre in Ayungin Shoal violates the Philippine Constitution and international law, a maritime law expert said Friday.</p><p>“I think that agreement, kung totoo man na merong agreement pero hindi written, that is in violation of the Philippine Constitution, a violation of the United Nations Convention of the Law of the Sea and a violation of the 2016 Arbitral Award,” said Dr. Jeffrey Ordaniel Associate Professor of International Security Studies, Tokyo International University and Director for Maritime Security, Pacific Forum International.</p><p>(I think that agreement, if it is true that there is an agreement, but it is not written, that is in violation of the Philippine Constitution, a violation of the United Nations Convention of the Law of the Sea and a violation of the 2016 Arbitral Award.)</p><div> </div><div><a href="https://news.abs-cbn.com/news/2024/4/12/duterte-denies-gentleman-s-agreement-with-china-s-xi-1029" id="isPasted" rel="noopener noreferrer" target="_blank">Duterte admits deal with Xi on West Philippine Sea status quo</a></div><div><br/></div><p>On Thursday, former President Duterte admitted that he had agreed with Chinese President Xi Jinping to maintain the status quo in the West Philippine Sea. He said that the deal involved not bringing construction materials for the repair and upkeep of the BRP Sierra Madre, the grounded Philippine warship that serves as the country’s lone military outpost in the Ayungin or Second Thomas Shoal.</p><p>Ordaniel said that Ayungin is located within the country’s 200 nautical mile exclusive economic zone, which means the Philippines has “exclusive rights to exploit and explore its resources” and also has the exclusive right to build artificial structures there.</p><p>“So, kung mag-decide man ang Pilipinas na we reinforce that vessel and maybe build a structure on top of it, that’s within our rights under international law,” he explained.</p><p>(So, if the Philippines ever decides to reinforce that vessel and maybe build a structure on top of it, that&#x27;s within our rights under international law.)</p><p>He added that the Second Thomas Shoal sinks during high tide, which means it can&#x27;t be claimed as territory by any country.</p><div> </div><div><a href="https://news.abs-cbn.com/news/2024/4/10/marcos-says-horrified-by-alleged-duterte-xi-secret-deal-on-west-ph-sea-1126" id="isPasted" rel="noopener noreferrer" target="_blank">Marcos &#x27;horrified&#x27; by alleged Duterte-Xi &#x27;secret deal&#x27; on West PH Sea</a></div><div><br/></div><p>Ordaniel said President Marcos is correct in reinforcing rules-based international order in the West Philippine Sea. This, as he reminds that it is not the whims of any politician or whichever power that should prevail in the West Philippine Sea, but international law.</p><div> </div><div><a href="https://news.abs-cbn.com/news/2024/4/10/umano-y-gentleman-s-agreement-ni-duterte-china-inalmahan-ni-marcos-jr-1821" id="isPasted" rel="noopener noreferrer" target="_blank">Umano&#x27;y &#x27;gentleman&#x27;s agreement&#x27; ni Duterte, China inalmahan ni Marcos Jr.</a></div><div> </div><p>President Ferdinand Marcos Jr earlier said that he was “horrified” at the idea of a secret agreement on the West Philippine Sea “that compromised the territory, sovereignty, and sovereign rights of the Filipinos.”</p>

<p>Former President Duterte’s deal with China that prevents the Philippines from repairing and reinforcing the BRP Sierra Madre in Ayungin Shoal violates the Philippine Constitution and international law, a maritime law expert said.</p>

Duterte-China deal violated PH constitution, arbitral award: expert

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Duterte-China deal violated PH constitution, arbitral award: expert

Pia Gutierrez,

ABS-CBN News

Published Apr 12, 2024 05:56 PM PHT

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Updated Apr 12, 2024 06:02 PM PHT

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Rodrigo Duterte

WPS

Status quo deal

BRP Sierra Madre

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