The Philippines forcefully pushed back against China’s claims, accusing Manila of having an unfulfilled promise to tow away BRP Sierra Madre from the Ayungin Shoal, asserting that the so-called agreement does not exist.

The Department of Foreign Affairs’ statement late Tuesday contradicts that of the Chinese Embassy in Manila, which alleged that despite “repeated promises”, the Philippines has “continued to delay action” to remove the warship from the area, which Beijing asserts as part of its expansive claims in the South China Sea. 

The agreement was supposedly the result of Beijing’s recurring protest demanding that Manila tow away the grounded BRP Sierra Madre from Ren'ai Jiao—called by the Philippines as Ayungin Shoal—as it allegedly “infring[es] upon China's territorial sovereignty.” 

“There is no agreement between the Philippines and China obligating the Philippines to remove the BRP Sierra Madre, a commissioned Philippine naval vessel permanently stationed in Ayungin Shoal,” DFA spokesperson for Maritime Affairs Rogelio Villanueva said. 

The DFA pointed out that Ayungin Shoal, located west of Palawan, is a low-tide elevation, a naturally formed area of land that is above water at low tide but submerged at high tide.

Due to this, the department argued that Ayungin is “not capable of generating maritime entitlements of its own and can neither be the subject of a sovereignty claim by other countries, " giving the Philippines exclusive sovereign rights and jurisdiction over its features.

Furthermore, the DFA reiterated that Ayungin Shoal forms part of the Philippines’ exclusive economic zone and continental shelf in accordance with the United Nations Convention on the Law of the Sea (UNCLOS), and upheld in the 2016 South China Sea Arbitral Award. 

Both the Philippines and China are state parties to the UNCLOS; hence, the arbitral ruling is “final and binding” on Manila and Beijing, the DFA asserted. 

“Accordingly, China’s exercise of maritime law enforcement powers infringes on [the] Philippines’ sovereign rights and jurisdiction in Ayungin Shoal and are violations of international law,” Villanueva pointed out. 

In a lengthy statement posted on Facebook earlier this week, the Chinese Embassy in Manila’s deputy spokesperson, Guo Wei, accused the Philippines of “illegally” grounding the BRP Sierra Madre at Ayungin Shoal in 1999, prompting Beijing to protest for its immediate withdrawal. 

“The Philippine side claimed that the ship could not be removed due to [a] lack of spare parts. Since then, despite repeated serious protests by China, and despite the Philippine side's repeated promises to remove the vessel, the latter has continued to delay action,” Guo said. 

Guo alleged that Manila deliberately “provoked trouble” in the contested waters by transporting construction materials to the BRP Sierra Madre in an attempt to turn it into a permanent military outpost, a blatant violation of the purported pact. 

The Chinese embassy remained headstrong in refusing to recognize the 2016 arbitral ruling and to accept actions and claims based on that ruling, such as the Philippine Maritime Zones Act (RA 12064). 

The DFA, however, pushed back, asserting that the law’s passage was the Philippines’ sole exercise of its sovereign prerogative to define and establish its maritime zones consistent with UNCLOS and international law. 

The department said that although the Philippines remains committed to settling the maritime dispute with China diplomatically, it will not back down and will continue to exercise its rights in the Ayungin Shoal and undertake lawful activities to uphold its sovereignty there.