The Philippines has not forged any fishing treaty with China in the West Philippine Sea but continues to recognize the traditional fishing rights in the area, Malacañang clarified Friday, April 23.
Presidential spokesman Harry Roque dismissed as "conjecture" allegations that President Duterte made a fishing deal with Chinese President Xi Jinping in the country's waters.
"There is no truth to the speculation of a purported 'verbal fishing agreement' between President Rodrigo Roa Duterte and President Xi Jin Ping, nor that Chinese vessels were encouraged to stay in West Philippine Sea despite the diplomatic protests and strongly worded statements of Philippine government officials. This is without basis and is quite simply, conjecture," Roque said in a statement Friday, April 23.
"A fishing agreement under our domestic laws can only be done through a treaty. Per Article 2 (1) (a) of the Vienna Convention on the Law on Treaties, a treaty is an international agreement concluded between States in written form. Clearly, a treaty must be in writing. No such treaty or agreement exists between the Philippines and China," he said.
Roque however made clear that that non-commercial fishing may be permitted in the local waters as part of traditional fishing rights.
"The President does not condone unlawful commercial fishing by any state on Philippine waters," he said.
"However, the President also recognizes that subsistence (non-commercial) fishing may be allowed as a recognition of the traditional fishing rights pointed out by the Arbitral Tribunal itself in its Award on Jurisdiction (para. 407) in the case between the Philippines and China," he added.
Roque likewise asked for an end to "malicious speculations and false claims" that he claimed would only "pointlessly inflame the situation." The public, he said, should instead focus time and effort on "productive activities that will enable us help one another at this time of pandemic."
In July 2019, the Palace said there was no written agreement between Duterte and Xi that allows the Chinese to fish in Philippine waters. At the time, then Presidential spokesman Salvador Panelo however explained that such deal was just a verbal understanding reached by the two leaders during a meeting in 2016.
Duterte previously mentioned the fishing deal as the reason he could not prevent the Chinese from fishing in the West Philippine Sea.