‘Dumber Than Dumb’: Carpio Slams Ayungin Deal

Retired Supreme Court (SC) senior associate justice Antonio Carpio wants the alleged “provisional agreement” between the Philippines and China on Ayungin Shoal canceled, and warned he might bring it up to the Supreme Court or Congress.

In an interview, Carpio said the agreement was “dumber than dumb” and “an oxymoron” since the landmark 2016 Arbitral Award already declared that Ayungin Shoal is located within the Philippines’ exclusive economic zone (EEZ).

The Department of Foreign Affairs (DFA) has confirmed that since July 2024, there has been a “Provisional Understanding” with China on the conduct of rotation and resupply operations involving the BRP Sierra Madre, which is grounded in Ayungin Shoal.

But the DFA stressed that the provisional understanding did not involve seeking China’s permission for RORE missions to Ayungin.

“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 said.

Chinese Ambassador Jing Quan had said that construction activities at the Sierra Madre were detected by China Coast Guard (CCG) personnel and went “against the spirit of our provisional agreement.”

This led to a confrontation with Philippine Navy personnel, two of whom were wounded by the CCG.

Carpio described the provisional deal as “ridiculous. I mean, it’s dumber than dumb.” 

He maintained that the DFA has “no authority” to enter into such a provisional agreement, hinting it was already tantamount to “giving up our sovereign right” over Ayungin Shoal. The provisional agreement might fulfill the doctrine of acquiescence in international law that “admits superiority” over Ayungin Shoal in favor of China, he added. Carpio warned he might seek help from the SC “to have (the provisional agreement) invalidated” because “it violates the Constitution. It violates the Arbitral Award.” The issue “should be the subject of a Senate or House inquiry,” he added. Carpio also wanted the DFA to publicize the agreement, saying “I’ve been asking for it.” “We have to terminate this provisional agreement because… that is weakening our Arbitral Award,” he said.

WPS e-book 

The University of the Philippines published on Thursday, July 23, an updated primer on the WPS, featuring the territorial and maritime jurisdiction disputes from the point of view of the Philippines.

According to Institute for Maritime Affairs and Law of the Sea (IMLOS) director Jay Batongbacal, the primer updated the 2013 edition by including the 2016 South China Sea arbitration ruling that affirmed the Philippines’ sovereign rights over the EEZ.

“The original version was written as history happened around it,” said Batongbacal during the launch. “The interest in our maritime sphere has also exponentially increased. We felt the timing was right to come up with this now.” 

The primer delineates the scope of the WPS from the South China Sea, provides background on Bajo de Masinloc and the Kalayaan Island Group and explains the disputes and the arbitral ruling.

Batongbacal noted that this will be the first of a series of publications. The 95-page document can be accessed on the IMLOS website for free.

Unity in defending WPS 

Filipinos should set aside political differences and unite for a common stand to protect the WPS, Interior Secretary Jonvic Remulla said on Friday, July 24.

While the government under President Marcos remains committed to diplomacy and peaceful engagement with China, Remulla said safeguarding the country’s sovereignty and sovereign rights in the WPS requires unity and a shared commitment by all Filipinos.

“Our ocean is ours. Our seas are for Filipinos and for the Philippines,” he said. – With additional reports from Andrew Ronquillo and Emmanuel Tupas