No ‘verbal’ fishing deal between Duterte, Xi: Palace

MANILA – Malacañang vehemently denied Friday that President Rodrigo Duterte has an existing “verbal” fishing agreement with Chinese President Xi Jinping.

This, after retired Supreme Court Associate Justice Antonio Carpio said the supposed verbal deal between Duterte and Xi has emboldened Chinese vessels to stay in the disputed West Philippine Sea (WPS).

In a press statement, Presidential Spokesperson Harry Roque said the allegation “is without basis and is quite simply conjecture.”

“There is no truth to the speculation of a purported ‘verbal fishing agreement’ between President Rodrigo Roa Duterte and President Xi Jin Ping, nor that Chinese vessels were encouraged to stay in the West Philippine Sea despite the diplomatic protests and strongly worded statements of Philippine government officials,” Roque said.

In a commentary piece published by the Philippine Daily Inquirer on Thursday, Carpio claimed the Chinese vessels are ignoring the Philippines’ repeated demands for them to leave WPS because of Duterte’s verbal fishing agreement with Xi.

“The strong diplomatic protests filed by Foreign Secretary Teodoro Locsin Jr., as well as the strong warnings issued by Defense Secretary Delfin Lorenzana, are not being taken seriously by the Chinese because they know they have a fishing agreement with President Duterte. The President must come clean on the terms of his ‘verbal agreement’ with the Chinese,” Carpio said.

Carpio also said China, using huge steel-hulled trawlers, is catching fish from the Philippines’ exclusive economic zone “at the expense of Filipino fishermen who only use wooden fishing boats with outriggers.”

Roque, however, said a fishing agreement can only be done through a treaty, based on Philippine laws.

Citing Article 2(1)(a) of the Vienna Convention on the Law on Treaties, Roque said a treaty is “an international agreement concluded between States in written form.”

“Clearly, a treaty must be in writing. No such treaty or agreement exists between the Philippines and China,” he said.

Roque said Duterte does not condone “unlawful” commercial fishing by any state on Philippine waters.

“However, the President also recognizes that subsistence (non-commercial) fishing may be allowed as a recognition of the traditional fishing rights pointed out by the Arbitral Tribunal itself in its Award on Jurisdiction in the case between the Philippines and China,” he said.

Roque then advised critics to stop making “malicious speculations and false claims.”

He said such allegations would just “pointlessly inflame” the current situation in WPS.

“We ask everyone to just focus our time and effort on productive activities that will enable us to help one another at this time of pandemic,” Roque said.

The Philippines, through the Department of Foreign Affairs, has filed a series of diplomatic protests against China over its incursion into WPS.

In a public address delivered on Monday, Duterte warned China that he would send gray ships to the disputed waters, should it start drilling for oil in the contested waters.

A day after Duterte’s warning, Roque said Duterte’s stance is there is a “limit” to the Philippines’ friendship with China, especially when Beijing begins asserting a claim over oil and gas deposits in WPS.

The National Task Force for the WPS on Wednesday said it is coordinating for the deployment of more assets needed by the Area Task Force in securing the country’s control and sovereignty over the maritime territory. (