Ayungin Shoal Deal Slammed as 'Dumber Than Dumb' by Former SC Justice

MANILA, Philippines — Retired Supreme Court (SC) senior associate justice Antonio Carpio has strongly criticized the alleged “provisional agreement” between the Philippines and China on Ayungin Shoal, labeling it “dumber than dumb” and an “oxymoron.” Carpio argued that such an agreement is fundamentally flawed, especially since the landmark 2016 Arbitral Award already established Ayungin Shoal within the Philippines’ exclusive economic zone (EEZ). The Department of Foreign Affairs (DFA) confirmed a “Provisional Understanding” with China since July 2024 concerning rotation and resupply operations for the BRP Sierra Madre, which is grounded in Ayungin Shoal. However, the DFA stressed that this understanding does not entail seeking China’s permission for these missions. “Why would you have a provisional (agreement)? We already have a final decision, the Arbitral Award, but we opened it again, talking about it again… It’s like we slammed ourselves into a big wall,” Carpio stated. He further contended that the DFA lacks the authority to enter into such an agreement, suggesting it amounts to surrendering Philippine sovereign rights over Ayungin Shoal. Carpio warned that the provisional deal could fulfill the international legal doctrine of acquiescence, acknowledging China's superiority over the shoal. Carpio indicated he might seek recourse from the Supreme Court to have the provisional agreement invalidated, asserting it violates both the Constitution and the Arbitral Award. He also suggested that the issue warrants an inquiry by the Senate or the House of Representatives. “We have to terminate this provisional agreement because… that is weakening our Arbitral Award,” Carpio insisted, also calling for the DFA to publicize the agreement. Meanwhile, the University of the Philippines released an updated primer on the West Philippine Sea (WPS), which includes the 2016 South China Sea arbitration ruling that affirmed the Philippines’ sovereign rights over its EEZ. According to Jay Batongbacal, director of the Institute for Maritime Affairs and Law of the Sea (IMLOS), the primer aims to provide a comprehensive view of the territorial and maritime jurisdiction disputes from the Philippine perspective. Interior Secretary Jonvic Remulla urged Filipinos to set aside political differences and unite in protecting the WPS. While the Marcos administration remains committed to diplomacy with China, Remulla emphasized that safeguarding the country’s sovereignty requires national unity and shared commitment, stating, “Our ocean is ours. Our seas are for Filipinos and for the Philippines.”