President Ferdinand “Bongbong” Marcos Jr. can be held liable and removed from office as a result of the provisional understanding between the Philippines and China over resupply missions to Ayungin Shoal, which is a reversal of the 2016 arbitral award handed down by the Permanent Court of Arbitration (PCA).

Retired Associate Justice Antonio Carpio told Daily Tribune the deal with China may constitute a “betrayal of public trust” if President Marcos authorized it, potentially making it an impeachable offense.

The Department of Foreign Affairs (DFA) has consistently defended the deal but has yet to acknowledge Marcos’ participation in it.

University of Santo Tomas Political Science Department chair Dennis Coronacion said the provisional understanding remains a matter of significant public debate, particularly because critics believe it could weaken the country’s legal position under the landmark 2016 arbitral ruling.

Coronacion called on the DFA to disclose the full contents of the agreement.

“Filipinos deserve to know the details of diplomatic arrangements and international agreements entered into by government officials, especially when they involve matters of national and public interest,” he said.

The DFA pushed back against Carpio’s sustained criticism of the provisional understanding, challenging the retired magistrate to propose a practical alternative for conducting military resupply operations at Ayungin Shoal.

West Philippine Sea spokesperson Rear Admiral Jay Tarriela said: “No provisional arrangement or its interpretation grants the People’s Republic of China policing authority over BRP Sierra Madre, a commissioned Philippine Navy vessel, or over Philippine-occupied features in our own maritime zones.”

DFA spokesperson for maritime affairs Rogelio Villanueva urged Carpio to provide the Armed Forces of the Philippines with “any viable alternative” that would ensure the continued safe, timely, and efficient conduct of rotation and resupply (RORE) missions to the BRP Sierra Madre without escalating tensions with Beijing.

“Instead of criticizing government actions, we invite former associate justice Carpio to offer to the AFP any viable alternative that can ensure the continued efficient, timely, and safe conduct of resupply missions that provide essential supplies and facilitate the regular rotation of our troops on the BRP Sierra Madre,” Villanueva said.

No permission needed?

He emphasized that the provisional understanding was designed solely to “avoid misunderstandings and miscalculations at sea” and does not require Philippine troops to seek China’s permission before carrying out RORE missions nor does it automatically give Beijing authority over Philippine operations.

The provisional understanding was reached in July 2024 after a series of increasingly violent confrontations between Philippine and Chinese vessels during resupply missions to the BRP Sierra Madre. The grounded Navy ship serves as the country’s military outpost at Ayungin Shoal.

Although the arrangement had not been formally disclosed in full, renewed attention was drawn to it following a confrontation on 20 July this year when China accused the Philippines of violating the agreement.

The encounter resulted in injuries to two Philippine Navy personnel, including one who sustained a serious head injury after being struck with a wooden baton.

Following the incident, Beijing claimed that the provisional understanding prohibited the Philippines from repairing or reinforcing the grounded warship at Ayungin Shoal.

The DFA later acknowledged the existence of the provisional understanding but maintained that it was not a concession by the Philippines and did not diminish the country’s sovereign rights.

Gains undermined

Carpio, however, has repeatedly criticized the arrangement, arguing that it effectively surrenders portions of the West Philippine Sea (WPS) and undermines the Philippines’ victory in the 2016 arbitral ruling, which affirmed that Ayungin Shoal lies within the country’s 200-nautical mile exclusive economic zone and continental shelf.

According to Carpio, the agreement gives China leverage by requiring the Philippines to provide prior notice and submit to inspections before resupply missions, thereby weakening the country’s sovereign claim in the disputed waters.

He also questioned what he described as the agreement’s secretive nature, noting that the government has yet to release its complete contents to the public.

Carpio likewise criticized Foreign Affairs Secretary Ma. Theresa Lazaro and her predecessor, Enrique Manalo, arguing that they lacked the authority to enter into such an arrangement.

“The accord would be unconstitutional because the Foreign Affairs secretary has no right to give up our sovereign rights,” Carpio said in an interview on Daily Tribune’s Straight Talk program.

Manalo was the Foreign Affairs secretary when negotiations for the provisional understanding took place, while Lazaro, then an undersecretary, handled the talks.

Carpio said both officials should explain the circumstances surrounding the agreement and disclose all its provisions.

The DFA, however, has consistently maintained that the provisional understanding neither weakens nor alters the Philippines’ sovereign rights and jurisdiction in the West Philippine Sea.

DFA’s Villanueva reiterated that the agency “will always uphold the country’s sovereign rights in its EEZ as affirmed by the 2016 arbitral award” and that rotation and resupply missions to the BRP Sierra Madre will continue “for as long as necessary.”

The Philippines and China have long been embroiled in competing claims in the South China Sea, including areas within the West Philippine Sea. In 2016, the PCA invalidated China’s sweeping claims under its so-called nine-dash line and ruled in favor of the Philippines.

Beijing, however, has refused to recognize the decision, calling it “a worthless piece of paper” that is “illegal, null and void, and has no binding force.”