Fireworks erupted even before the Senate could focus on the previous administration’s foreign policy regarding the West Philippine Sea conflict.

Senator Risa Hontiveros on Wednesday filed a resolution seeking an inquiry into the supposed “gentleman’s agreement” between former President Rodrigo Duterte and Chinese President Xi Jinping on the repair and rehabilitation of the country’s naval ship grounded on Ayungin Shoal.

Hontiveros said Duterte’s dealing with China was an “act of treason,” but former presidential spokesperson Harry Roque, who is an international law expert, called Hontiveros’ remarks on the agreement a “Sinophobia statement.”

“Senator Hontiveros’ resolution describing the gentleman’s agreement to respect the status quo in the West Philippine Sea as ‘treasonous’ is evidence of her obvious gross ignorance of the law. Treason requires first an armed conflict,” Roque said.

“She’s riding high on Sinophobia, which will only worsen already heated bilateral relations between the Philippines and China,” he added.

On Wednesday, Hontiveros filed Senate Resolution 982 seeking an inquiry into the supposed “gentleman’s agreement” between Duterte and Xi on restricting the Philippines to repairing and rehabilitating the BRP Sierra Madre, which was grounded on Ayungin Shoal in the West Philippine Sea.

“If this agreement is true, it seems Duterte already surrendered the Philippine territory,” the senator said.

In response, Roque said Hontiveros should enroll in a criminal law course to learn the meaning of treason.

“She should study what treason is first. I suggest she enroll in a class on criminal law,” he said.

Roque said he will face the Senate should it hold a public inquiry.

“I will be there,” Roque told DAILY TRIBUNE when asked to comment on Hontiveros’ resolution.

Asked if the former president’s presence would be possible should it be required by the chamber, Roque said, “Probably not.”

Roque previously said that Duterte’s agreement with China restricted the Philippines from taking construction materials to the grounded naval ship.

He said the agreement did not include the removal of the Sierra Madre from Ayungin.

President’s prerogative

Roque said Duterte’s foreign policy was the exclusive prerogative of the then-president.

“Whatever foreign policy direction FPRRD took in his administration was his exclusive prerogative as the chief architect of our foreign policy. Her (Hontiveros’) resolution is chiefly in aid of her election for higher office,” Roque said.

“It was an honor to serve FPRRD and promote peaceful relations with our neighbor China, which resulted in peace and increased investments, trade, and tourism, all of which benefited the Filipino people. Shame on those like her who are fanning the embers of war,” he added.

‘Sham agreement’

“This gentleman’s agreement is treasonous. While China, in any case, will most likely attack our resupply missions en route to Ayungin, this sham of an agreement only gave Beijing more ammunition to assert her baseless claims,” Hontiveros said.

Proposed Senate Resolution 982 cited Roque’s earlier statement that the “gentleman’s agreement” would “limit the resupply mission to delivering only food and water” to the troops stationed on the commissioned Philippine Navy tank landing ship.

The senator lamented that the agreement would explain China’s relentless harassment of Philippine vessels at Ayungin Shoal, particularly during resupply missions.

In her resolution, Hontiveros said that even the National Security Council, through Assistant Director General Jonathan Malaya, confirmed “that it was not aware of such an agreement.”

“Malaya further said that Roque, who revealed this so-called agreement, should explain the circumstances of the deal and how it was brokered, considering its implications to national security,” she added.

She said the so-called “gentleman’s agreement” had “no dignity” as it compromised the country’s national security.

“China is already all around us — in our telecoms, in the national grid, in our waters — it was even strengthened by Duterte when he entered into such an agreement,” she said.

Surrender to China

In a television interview on Wednesday, former Supreme Court Associate Justice Antonio Carpio said that agreeing not to repair the BRP Sierra Madre was like conceding Ayungin Shoal to China.

“Assuming that [it] was correct, what Harry Roque said, well, it’s disadvantageous to us because if we allow only food and water to be brought to the Sierra Madre, then the ship will collapse because the superstructures of the [ship] are already rusting,” Carpio said.

He cited the Philippine Navy’s estimation that the warship “may collapse at any time unless it is repaired.”

“So, in other words, entering into that agreement knowing that the ship will collapse and our presence will end, and then you are giving Ayungin to China, why we will agree to that?” Carpio said.

He said the arbitral ruling had been in place since July 2016, when Duterte made the supposed agreement with China.

“The ruling said Ayungin is part of the EEZ (exclusive economic zone) of the Philippines,” he said.

Under the United Nations Convention on the Law of the Sea, Carpio emphasized that the Philippines has exclusive rights to build structures, manage, and conserve the resources in the shoal.

Badoy chimes in

Former Presidential Communications Undersecretary Lorraine Badoy also slammed Hontiveros.

Badoy said Hontiveros should look at the dictionary definition of treason.

“Does Senator Hontiveros not know that for treason to occur, it has to first exist in a backdrop of war? Here’s an Oxford dictionary, Risa. Sit down before you hurt yourself,” she said.

She also defended Duterte’s move to enter into a “gentleman’s agreement” with China, an agreement that prohibited the Philippines from bringing construction materials and repairing the BRP Sierra Madre.