THE supposed agreement between China and the Philippines on how to manage tension in Ayungin Shoal, if it really exists, is unconstitutional, members of the House of Representatives said Monday.

“Kung meron pong secret agreement or anong klaseng agreement iyan, assuming for the sake of argument na totoo po ito…ito po ay illegal at unconstitutional,” Manila Rep. Joel Chua told a news conference.

He said such an accord should have been approved by the Senate as a treaty.

“Kung meron po talagang kasunduan na ganito na hindi po dumaan sa Senado or hindi sinang-ayunan ng Senado, eh kasi iyon po ang nakalagay sa ating konstitusyon kailangan it should be concurred by two-third votes of the Senate. So, kung sila-sila lang po ang nag-usap tingin ko po eh meron pong constitutional issue dito. This is unconstitutional and void,” he said.

Assistant Majority Leader and Ako Bicol Party-list Rep. Raul Angelo Bongalon agreed with Chua.

“If this arrangement or secret deal with China is not embodied in a written agreement or treaty, it is void for being unconstitutional. Under the constitution, any international agreement or treaty must be embodied in a written agreement and must be ratified by the Senate. So, if this arrangement is not ratified by the Senate or concurred in, and therefore it is not valid,” he said.

He said it seems that it is only China that is aware of the supposed arrangement.

Bongalon said he also agreed with retired Supreme Court senior Associate Justice Antonio Carpio that the agreement “amounts to gross inexcusable negligence, and it is also tainted with evident bad faith.”

“So bakit gross in inexcusable negligence? Dahil, it violated the constitution na dapat ito po ay embodied in a treaty and ratified by the Senate. Bakit naman po ito merong evident bad faith? Sila lang po ang nakaalam, we are not properly informed. Kawawa naman po yung mga mangingisda doon,” he added.

He pointed out that President Ferdinand “Bongbong” R. Marcos Jr. can rescind the alleged special arrangement if it really exists “because it is not binding to us, it is not binding in the present administration.”

A third House member, Assistant Majority Leader and Lanao del Sur Rep. Zia Alonto Adiong said China is resorting to propaganda to divide Filipinos on issues involving the West Philippine Sea.

“I think beyond the legal issues nakikita ko po dito this is one of the tactics of China, part two ng propaganda ng PR ng China. In fact, Secretary [Gibo] Teodoro came out this morning with the statement denouncing that there was no such new arrangement,” he said.

“I think China is resorting to different kind of tactics, nandiyan ‘yung bullying, pati na rin ‘yung kasi they understand the importance of propaganda kasi it puts legitimacy to their illegal claim, sinasabi nila o nag-agree na kami at saka ang Pilipinas, so why are you acting this way? Why are you changing our agreement?” he said.

He lamented that there are Filipinos who are parroting China’s wrong assertions on the West Philippine Sea and who are serving as Beijing’s mouthpiece.

“I think it’s very clear ang position ng ating President, ang ating gobyerno, that we have to fight for our claim at hindi lang ito arbitrarily claimed by the Philippines, the basis for this is the ruling of the UNCLOS and internationally we have the moral high ground to claim these areas and the West Philippine Sea,” Adiong stressed.

For his part, Assistant Majority Leader and La Union Rep. Francisco “Paolo” Ortega V announced that the special House committee on the WPS chaired by Mandaluyong Rep. Neptali “Boyet” Gonzales II would hold a hearing next week on WPS issues.

Ortega urged his colleagues to communicate their concerns to the committee.

Deputy Speaker and Quezon Rep. David “Jay-jay” Suarez labeled China’s claims as “irresponsible.”

“I think it is very irresponsible. I mean nakikita naman natin iyong water cannons na ginagawa nila sa civilian vessels natin at nakikita naman natin iyong coordinated attacks na ginagawa nila to inhibit re-supply missions to our territories,” he said.

“And what actually causes a bigger alarm is it seems like the West Philippine Sea is not enough. Because last week nanduon na po sila sa Pacific Ocean, sa tapat po ng Catanduanes. So ang bigger question is, ano ang ginagawa nila dito?” he asked.

“And I would just like to reiterate yung binanggit po kanina, kung mayroon mang kasunduan ‘yan, kung mayroon mang secret deal, it holds no water whatsoever and in fact the President has already said that he has rescinded all agreements that have been done in the past concerning the West Philippine Sea,” Suarez added.