By Junex Doronio

MANILA — Saying that the Armed Forces of the Philippines’ Western Command (WESCOM) has no authority to finalize an agreement with other countries without the involvement of the Department of Foreign Affairs (DFA), retired Supreme Court Justice Antonio Carpio on Wednesday (08 May 2024) said the alleged “new model” deal between China and the Philippines over Ayungin Shoal in the West Philippine Sea was “not valid.”

At the same time, Carpio said the Chinese Embassy in Manila should be called out for talking to Philippine government officials without passing through the proper channel, which is the DFA.

“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,” Carpio pointed out.

“No, it is not [valid],” Carpio stressed in a press conference of Atin Ito Coalition.

To recall, Carpio was part of the Philippine delegation in the 2013 arbitration case against China, which led to the landmark victory for Manila in 2016.

The Hague-based Permanent Court of Arbitration invalidated Beijing’s massive claims in the South China Sea. China has rejected the decision.

On Saturday (4 May 2024), the Chinese Embassy said that WESCOM supposedly made an agreement with China on the “new model” for managing the situation at the Ayungin Shoal.

“To follow up on the important consensus between the two heads-of-state to deescalate tension in the South China Sea, the Chinese side and the Philippine side through AFP WESCOM agreed on a ‘new model’ for the management of the situation at Ren’ai Jiao early this year after multiple rounds of discussions,” it said.

China calls the Ayungin Shoal as Ren’ai Jiao.

But the former magistrate brushed off the supposed “new model” deal.

“Ang ginagawa ng Tsina, they will just talk to everybody and say, ‘Oh, naka-commit na ‘yung Philippine government.’ That is not proper and it will not bind us because wala namamg authority ang kausap nila,” Carpio explained.

For his part, Philippine Navy spokesperson for the West Philippine Sea Commodore Roy Vincent Trinidad said the issue of China’s supposed new model agreement with the Philippines is a “dead story.”

“That is a dead story. Trinidad said, “We have received guidance already from the commander-in-chief, from the National Security Adviser, and the Secretary of National Defense,” Trinidad said.

Asked about the supposed audio recording of the conversation between a Chinese diplomat and WESCOM chief Vice Admiral Alberto Carlo, Trinidad replied: “Anybody could say anything. These stories will be rehashed. We have to understand that today’s warfare is a battle of narratives, it is a battle of shape in the perception of the people.”

Carlos is now on leave for “personal reasons.”

(el Amigo/MNM)