Secret recording violates Phl laws — Defense chief

Secret recording violates Phl laws — Defense chief | Daily Tribune

Defense Secretary Gilberto Teodoro Jr. slammed China for secretly recording a phone conversation in an attempt to "prove" the existence of a supposed agreement regarding the management of the situation over Ayungin Shoal in the West Philippine Sea.

"Diumano, may pahayag ang Chinese Embassy sa Pilipinas na mayroon kunong alleged reporting sa isang kawani ng Armed Forces of the Philippines—the authenticity of which I doubt, even the propensity of the Chinese government to engage in malign information activities," Teodoro said in an ambush interview on the sideline of Maritime Security Symposium on Wednesday.

China claims that an alleged recorded phone conversation “proves” that the "new model" deal was agreed between an embassy diplomat and the Armed Forces of the Philippines - Western Command (AFP-WESCOM) chief Vice Admiral Alberto Carlos.

In a transcript of the supposed leaked conversation, Carlos said that the entire AFP's chain of command and defense sector have agreed with the “new model” for peacefully managing the situation in Ayungin Shoal.

Teodoro stressed the Department of Foreign Affairs and President Ferdinand Marcos Jr. can enter any agreement related to the West Philippine Sea, or any international deals.

“Walang binigay na pahintulot ang Presidente o sinumang opisyal ng gabinete hinggil dito kaya mali ang pagtatahol ng mga opisyal di-umano ng Chinese Embassy dito. Sana maliwanagan ang ating mga tao (The President did not give any of his Cabinet regaridng this mattter that’s why the barking of the Chinese Embassy officials about it is wrong),” he stressed.

"We should determine who is responsible for this, and the person should immediately be expelled by the Philippines," he added.

Even if the audio recording is true, Teodoro said that China could have violated Philippine laws, particularly the Anti-Wire Tapping Law, for secretly recording the supposed conversation between Carlos and an unnamed Chinese diplomat over the phone.

“Kung sila ay gumawa—kung totoo man ito—ng bagay na labag sa international relations at labag sa batas dahil hindi sila nakipag-ugnayan sa Department of Foreign Affairs at sila’y umoperate na pailalim kung totoo ito (If this is true, then they violated international relations and laws because they did not coordinate with the DFA, instead they operated undercover),” Teodoro said.

Asked if the DND would investigate the alleged new model deal, Teodoro said: "The Department of National Defense would let the DFA look into the matter."

Teodoro assured that the DND and the AFP will strengthen their operational security measures amid China's unsolicited accusations.

“Given the fact na mayroon na talagang disinformation, malign influence, at hindi kanais-nais na mga gawain ng mga ahente ng ibang gobyerno (Given the fact that there’s indeed disinformation, malign influence and undesirable activities by some government agents),” he noted, adding that they will make sure that DND and AFP as well as the Filipinos will be protected from such.

‘New model’ invalid

Whether true or not, retired Supreme Court Justice Antonio Carpio said the alleged “new model” deal as claimed by China will not be “valid.”

"No, it is not valid," Carpio said, noting that the AFP-WESCOM has no authority to finalize any agreement with other countries without the DFA’s involvement.

“The WESCOM officer has no authority to commit because, under our system of government, it is only the DFA who can negotiate and conclude treaties on behalf of the President,” he added.

Carpio said the Chinese Embassy in Manila should be called out for talking to Philippine government officials without passing through the proper channel.

“What China is doing, they will just talk to everybody and say, 'Oh, the Philippine government has committed.' That is not proper and it will not bind us because they are talking to someone with no authority,” he noted.