The National Security Council on Wednesday denied that the Philippines entered a “gentleman’s agreement” with China during the past administration regarding the West Philippine Sea (WPS).

NSC Assistant Director General Jonathan Malaya said even if such a “gentleman’s agreement” exists, “it is not legally binding by its very nature.”

Malaya was responding to former Palace spokesperson Harry Roque’s claims that former president Rodrigo Duterte had entered into an informal agreement with China on the West Philippine Sea.

“We are not aware of any “gentleman’s agreement” between China and the Philippines referred to by former Secretary Harry Roque. The good former secretary should be one to explain to the public his statements since such an agreement, if it exists, infringes and violates our sovereignty as a nation,” Malaya stressed.

Roque was quoted in an online interview by a news outlet claiming that Duterte had a “gentleman's agreement” with China but not about towing away the grounded BRP Sierra Madre in the Ayungin Shoal.

Malaya lamented that China has repeatedly claimed that there was an alleged promise to remove or tow away BRP Sierra Madre from the shoal, being contested by Beijing as part of their territory.

“In so far as the National Task Force on West Philippine Sea is concerned, we have not seen any document from the former administration that validates or confirms the existence of this so-called ‘gentleman’s agreement’ and the terms of such agreement under the previous administration,” Malaya underscored. 

In any case, according to Malaya, President Ferdinand Marcos Jr. has settled the matter  “that even if such exists, he has rescinded it.”

Malaya said China’s repeated reference to such “promises” serves no purpose as there is no legally binding agreement between the two countries under the current administration.

“Therefore, the Marcos Jr. Administration is not bound by any such agreement because it is detrimental to the national interest,” he pointed out. 

Malaya also stressed that the Philippines has not violated the Declaration of Conduct (DOC). 

“As has been seen by the world, the Philippines has acted with self-restraint in the conduct of activities and has not acted to complicate or escalate disputes that affect peace and stability,” he said. 

Malaya said China is the one violating the DOC by intruding into the country’s waters.

“It is China that has been continually violating the DOC by interfering with a routinary resupply mission to a long-standing Philippine outpost in the WPS by water-cannoning, dangerous maneuvers, and other aggressive,” he said. 

Malaya stressed that tensions in the WPS were increasing due to “China’s illegal actions” against the Philippines’ ships and its territory.