DFA Confirms 'Provisional Understanding' with China on Ayungin Resupply

MANILA, Philippines — The Department of Foreign Affairs (DFA) confirmed yesterday the existence of a “provisional understanding” with China – not a provisional agreement – over routine rotation and resupply missions to Ayungin Shoal, but stressed it does not involve seeking permission from the Chinese for the RORE. “There is no mention of that undertaking in the provisional understanding,” Foreign Affairs Secretary Ma. Theresa Lazaro said at a press conference, referring to Chinese officials’ claim that they need to be notified of resupply operations in Ayungin. In a statement, the DFA said the Provisional Understanding is a set of principles and approaches both sides should observe in order to avoid misunderstanding and miscalculation in the conduct of RORE missions for soldiers and sailors stationed on the BRP Sierra Madre in Ayungin Shoal. Chinese Ambassador Jing Quan earlier referred to a “provisional agreement” that he claimed the Philippines had violated with its alleged construction activities on Sierra Madre. “It is not a grant of or a request for permission to any foreign government, it does not recognize any foreign jurisdiction over Philippine waters, and was agreed on the express understanding that it does not prejudice national position,” the DFA said. The DFA said the Provisional Understanding has facilitated 13 routine RORE missions since its inception in July 2024. Lazaro said her team crafted the Provisional Understanding, which was approved by top officials including then national security adviser Eduardo Año. “The Provisional Understanding does not require the Philippines to seek permission to undertake RORE missions, nor does it allow boarding and inspection of Philippine vessels, and, above all, it does not concede the Philippines’ sovereignty, sovereign rights and jurisdiction,” it said. But Defense Secretary Gilbert Teodoro Jr. said the Chinese have no business going to Ayungin Shoal in the first place and that he knows of no such agreement. The DFA said the Philippines’ legal position, grounded on the United Nations Convention on the Law of the Sea (UNCLOS) and validated by the Arbitral Tribunal, remains “unchanged and non-negotiable.” “The Philippines continues to conduct rotation and resupply missions, including normal shipboard activities in BRP Sierra Madre, as a matter of routine government function within Philippine jurisdiction and in the exercise of its sovereign rights under international law particularly UNCLOS and the 2016 Arbitral Award, and will continue to do so for as long as necessary in line with the national interest,” it said. The DFA reaffirmed that Ayungin Shoal forms part of the exclusive economic zone and continental shelf of the Philippines, as provided for by UNCLOS and settled by the 2016 Arbitral Award. “As a low-tide elevation, Ayungin generates no maritime entitlement of its own and cannot be claimed by any other state. The Philippines alone holds the sovereign right to authorize any structure there, and Philippine vessels do not require permission to sail to Ayungin,” the DFA said. Teodoro, meanwhile, lashed out at Jing Quan yesterday over his distortion of the events that led to the confrontation in Ayungin Shoal last July 20. He said that after meeting Marcos at Malacañang, Jing told reporters that the China Coast Guard sent two boats to Ayungin Shoal after receiving reports that the Filipinos were taking photos and preparing for construction activities, which is “against the spirit of our provisional agreement.” Teodoro, in response, said there is no such agreement that he knows of or has approved and China has no right to be in the vicinity in the first place.