Tolentino: No need to probe Duterte's 'gentleman's agreement' with China

For Senator Francis Tolentino, there is no need for a Senate investigation into the supposed "gentleman's agreement" involving the administration of former President Rodrigo Duterte and the Chinese government as there is no document proving its existence.

Tolentino was reacting to the resolution filed by Senator Risa Hontiveros which was based on the information from Duterte's spokesperson, Atty. Harry Roque.

According to Roque, the Philippines entered into a "gentleman’s agreement" with China during the presidency of Duterte. Part of the deal was Filipinos are only allowed to deliver food and water supplies to BRP Sierra Madre at Ayungin Shoal.

In a press conference, Tolentino, a Duterte ally, explained that this is not considered as an "agreement" as the Vienna Convention on the Law of the Treaties provides that a treaty should be in written form.

"How can you investigate an agreement which is not written? Parang hearsay na lang eh. He says, she says. 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 the writing," Tolentino said.

Moreso, Tolentino said a treaty should be ratified by the Senate as provided under the 1987 Constitution.

"Papaano mo mara-ratify 'yung verbal? Unless you have a transcript submitted by the Department of Foreign Affairs to the Senate na ira-ratify. So wala. So tama 'yung sinabi na wala namang dokumento. How will you ratify something which is verbal, di ba?" he said.

"If it is not in writing, it is not considered as an agreement ratifiable by the Senate, pursuant to our Constitution. So what agreement are we talking about?" he asked.

He likewise pointed out that Roque's claims were denied by Atty. Salvador Panelo, who was the chief presidential legal counsel during the Duterte administration.

Panelo said that anyone who claimed Duterte had a deal with China over the shoal was seeking publicity for himself.

"Si Atty. Roque kasi dini-dispute naman siya nina [former] Secretary Panelo. Hindi ko alam kung saan nakuha ni [former] Secretary Harry Roque 'yung sinasabi niya, unless katabi siya d'on sa nag-uusap at doon siya nag-marites," Tolentino said.

"Baka nahihilo lang si [Secretary] Roque," he quipped.

(Atty. Roque's claim is being disputed by Secretary Panelo, I don't know where Secretary Harry Roque got his information unless he was really there when the talk happened.)

In seeking the Senate investigation, Hontiveros said the supposed "'gentleman's agreement' would explain the relentless harassment via water cannons of our resupply missions by Chinese forces."

"If confirmed to be true, this 'gentleman's agreement' would be tantamount to a surrender of the Philippines' sovereignty, and, in other words of former Philippine Navy flag officer-in-command Eduardo Santos, the Navy chief who in 1999 ordered that the BRP Sierra Madre be run aground to serve a naval outpost in the Shoal, 'an act of treason,'" she added.

Last week, National Security Adviser Eduardo Año said there is no document that would prove there was a "gentleman's agreement" involving the administration of Duterte and the Chinese government regarding the BRP Sierra Madre at Ayungin Shoal in the West Philippine Sea.

Año served as the chief of staff of the Armed Forces of the Philippines during the Duterte administration. He was also appointed as secretary of the Department of the Interior and Local Government.—AOL, GMA Integrated News