Reviving the gentleman’s agreement between former President Rodrigo Duterte and his counterpart in China is no longer applicable under the current administration, National Security Council Assistant Director-General and spokesperson Jonathan Malaya said Monday.

Malaya, in a public briefing, lamented that Duterte’s "gentleman’s agreement" with Chinese President Xi Jinping, which former Presidential spokesperson Harry Roque divulged, cannot be considered a “legally binding” accord that can be held onto by both the Philippines and China in resolving their maritime disputes in WPS.

“First of all, talking about the gentleman's agreement, it was former presidential spokesperson Harry Roque, himself said it is not a legally binding agreement and that agreement only pertains to the previous administration so since this was not signed, there’s no legally binding document and the Marcos administration is not bound by this agreement,” Malaya said.

Meanwhile, Malaya brushed off claims that Ayungin Shoal would be removed from the country’s entitlements should the Philippines not recognize the gentlemen’s agreement.

“What is clear here is that this agreement does not bind the Marcos administration. If you would say mawawala ang Ayungin Shoal because Secretary Harry Roque said so, that is not the right conclusion,” he said.

Malaya stressed the Philippines will exhaust all diplomatic means to assert “what is rightfully ours.”

“We will not allow any inch of our territory to be lost. Sa tingin po namin hindi kailangang buhayin itong gentleman's agreement na ito (I think there’s no need to revive this gentleman's agreement) to keep our Ayungin Shoal, because remember that the BRP Sierra Madre has been there, we are in occupation of Ayungin Shoal. We will not do anything to jeopardize that,” he pointed out.

Malaya said the Philippines will exert “proportionate, deliberate response and reasonable countermeasures” against China’s assertiveness in the WPS, particularly Beijing’s increasing aggression in the Ayungin Shoal.

“The measures cover multi-dimensions,” he stressed.

“[Not] only the aspect of strengthening our military or our defense capabilities together with other allies, partners, and friends but it also talks about exhausting diplomatic efforts to resolve the issue,” he added.

Malaya said the Philippines is not seeking any trouble in the WPS. But, the country will not be cowed by any intimidation, he noted.

“I think the President’s statements was very clear, we will not be deterred, we are ready to do everything to fight for maritime rights and entitlements in the West Philippine Sea and in other parts of the archipelago,” he added.

Malaya cited President Ferdinand Marcos Jr.’s newly signed Executive Order No. 57, calling for the country’s strengthened maritime domain awareness and maritime security across the entire Philippine archipelago.

EO 57 does not focus only on the West Philippine Sea, he noted.

“It is not in the interest of the Philippines, it is not in the interest of China, the United States, or any of our allies and partners for war to happen so given that, we will look for a diplomatic solution in these problems and as part of the package of countermeasures and responses that the president spoke about,” Malaya said.