Ex-Philippine president Rodrigo Duterte's South China Sea 'deal' with Xi Jinping sparks calls for treason charges

Former president Rodrigo Duterte's admission that he had an unwritten agreement with Chinese President Xi Jinping to maintain the status quo in the South China Sea has sparked anger in the Philippines and calls for Duterte to be charged with treason.

Antonio Carpio, a former associate justice of the Supreme Court, told reporters on Friday that Duterte's "status quo deal" has in effect given China control over the Second Thomas Shoal - a maritime landmark in the South China Sea where Manila grounded a WWII-era vessel, the BRP Sierra Madre, to strengthen its claims over the surrounding waters.

Carpio said he supported a legislative inquiry proposed by lawmakers to look into the deal, which he said was "against the national interest".

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"I agree with the inquiry to be able to craft a law that would mete out imprisonment to those who commit treason during peacetime. There is a gap in the law. We have to bridge that gap so that people like Duterte won't do such things," Carpio said.

Carpio's comments came after Duterte held a press briefing on Thursday in which he denied that he had made a "gentleman's agreement" with Xi that would entail forfeiting his country's territorial rights in the South China Sea.

However, the former president admitted to agreeing with Xi not to build new facilities in the disputed waters to maintain the status quo. On the BRP Sierra Madre, Duterte said food and water could be sent to the sailors deployed at the ship but not materials that could be used to rebuild or reinforce it.

Carpio slammed that part of the agreement on April 1, saying that the lack of repair materials would "cause the warship to sink since it's rusty already". His comment followed revelations by Duterte's ex-spokesman Harry Roque about the agreement last month.

Duterte hit back at Carpio's criticism of the agreement during his briefing. "What I do not like is even this stupid ex-Justice Carpio is harping on the gentleman's agreement, of which he was certainly not there.

"It would be good, and it would be healthy for Carpio to shut up and not be bothered by things he was not there for."

Asked about Duterte's deal with Xi, political analyst Sherwin Ona told This Week in Asia that Duterte failed to act in the interest of the Filipino people since he made the deal after the 2016 Permanent Court of Arbitration at The Hague dismissed China's claims over the Philippine's territory in the South China Sea.

"The nature of it is also questionable because there was no written evidence, recorded video or audio about it. I think he should be held accountable for his actions," said Ona, who is an associate professor of political science at De La Salle University in the Philippines.

"He should explain to the country why he opted for such an agreement. What was the national interest that he supported when he did this?" he added.

On April 3, Senator Risa Hontiveros filed a resolution seeking an investigation into Duterte's deal with China on the West Philippine Sea - Manila's term for the section of the South China Sea that defines its maritime territory and includes its exclusive economic zone - describing it as a betrayal of the country.

"This 'gentleman's agreement' is treasonous. While China, in any case, will most likely attack our resupply missions en route to Ayungin [Manila's term for the Second Thomas Shoal], this sham of an agreement only gave Beijing more ammunition to assert her baseless claims," Hontiveros said.

Chinese vessels have consistently attempted to disrupt resupply missions to the BRP Sierra Madre. In the latest incident last month, Chinese coastguard vessels fired high-pressure water cannons at the Philippine vessels, injuring two sailors.

"It is our duty to fortify the BRP Sierra Madre. Without it on Ayungin, we effectively give way for China to illegally occupy what is ours. If we stop reinforcing the Sierra Madre, we not only lose a crucial, strategic outpost but also fail to defend our sovereignty," Hontiveros added.

Before President Ferdinand Marcos Jnr returned home from a trilateral meeting with his US and Japanese counterparts held on Thursday in Washington, Marcos Jnr said he was convinced that Duterte had entered into a secret deal with Xi and he wanted him to disclose everything.

"It is clear to me that something was concealed. There was a deal that they kept secret from the people. Now we need to know. What did you agree to? What did you compromise?" Marcos Jnr told reporters over the weekend.

"What did you give away? Why are our friends in China mad at us for not sticking to the deal?" he said.

Manuel Mogato, a Filipino Pulitzer Prize-winning journalist, on Monday added his voice to those calling for Duterte to be prosecuted for treason.

"Duterte has opened himself to lawsuits. His confession raised more questions than answers to China's accusations," Mogato said, noting that he had allowed the country to potentially lose a strategic outpost in the South China Sea.

"Duterte may have committed an act of treason. If he was still in power, the 'gentleman's agreement' would be a gross violation of the Constitution, an impeachable offence. But he is still liable under the law for committing treacherous activities, which carries life imprisonment and a fine of 4 million pesos [US$70,360]," he added.

Ramon Beleno III, head of the political science and history department at Ateneo De Davao University in southern Davao City, defended Duterte, saying he had made the deal to calm bilateral tensions. But his lack of action following new developments in the contested waters was the main problem, according to Beleno III.

"The status quo was just temporary. Only the first step. But after the situation was normalised, what happened? That's the problem ... He did nothing," Beleno III told This Week in Asia.

"Now, China is using it against us," he said, referring to speculation that Beijing had stepped up its aggression in the South China Sea because it was under the impression that the pact with Duterte was violated.

On Saturday, Beijing reiterated its demand that Manila remove the BRP Sierra Madre from the Second Thomas Shoal, calling its presence a violation of China's sovereignty.

"Before the warship is towed away, if the Philippines needs to send living necessities, out of humanitarianism, China is willing to allow it if the Philippines informs China in advance and after on-site verification is conducted. China will monitor the whole process," the Chinese embassy in Manila said in a statement.

"If the Philippines sends large amount of construction materials to the warship and attempts to build fixed facilities and permanent outpost, China will not accept it and will resolutely stop it in accordance with law and regulations to uphold China's sovereignty," the statement added.

This article originally appeared on the South China Morning Post (SCMP).

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