Philippine lawmaker calls Duterte-Xi verbal pact ‘hearsay’, says no ‘sound basis’ for probe

Any accord should be in written form as per the Vienna Convention on the Law of the Treaties, and ratified by the senate, says lawmaker Francis Tolentino

Duterte has denied making ‘any gentleman’s agreement whatsoever’, according to his lawyer, as the senate considers whether to investigate the issue

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Chinese President Xi Jinping with Philippine President Rodrigo Duterte at Malacanang Palace in Manila, Philippines, in November 2018. Photo: Pool via AP

Published: 6:30pm, 9 Apr 2024

A Philippine lawmaker has called on the senate to treat the supposed “gentleman’s agreement” involving former leader Rodrigo Duterte’s administration and Chinese President Xi Jinping over the disputed South China Sea as “hearsay” as it mulls whether to launch an investigation into the issue.

Francis Tolentino, vice-chairman of the Senate Committee on Foreign Relations, said a resolution filed in the senate was based on former presidential spokesman Harry Roque’s statement that Manila was only allowed to deliver essentials, not reinforcement supplies, to its troops stationed on a rusty old warship.

The Philippines grounded the BRP Sierra Madre in 1999 to shore up its claim to Second Thomas Shoal, which it calls Ayungin – an outcrop where the Southeast Asian nation in the past has accused the Chinese coastguard of confronting its ships, including firing water cannons at them.

Philippine senator Francis Tolentino. Photo: Facebook

Beijing claims sovereignty over almost the entirety of the South China Sea – where the Philippines and several other nations have competing claims – and has rejected a 2016 international ruling that decided in favour of Manila and found China’s assertions have no legal basis.

Tolentino argued that any accord should be in written form as per the Vienna Convention on the Law of the Treaties, telling the senate that there was not enough basis for it to review the petition filed by lawmaker Risa Hontiveros.

“How can you investigate an agreement which is not written? It’s just hearsay,” Tolentino, a Duterte ally, told reporters on Monday.

“So I don’t think there is, with all due respect, a sound basis for that [investigation] considering that the Vienna Convention on the Law of Treaties is very specific – an agreement has to be in writing.”