Mandaluyong City lone district Rep. Neptali Gonzales II (Ellson Quismorio/ MANILA BULLETIN)

Simply put, the so-called "gentleman's agreement" between former president Rodrigo Duterte and the government of China on the West Philippine Sea (WPS) is unconstitutional.

Thus, said House Deputy Majority Leader Mandaluyong lone district Rep. Neptali “Boyet” Gonzales II in a statement Sunday, April 14.

Gonzales, chairman of the House Special Committee on the WPS, was alluding to the supposed pact between Duterte and China on the non-supply of the BRP Sierra Madre grounded in Ayungin Shoal. The vessel carries Filipino troops and serves as the country’s outpost in the area.

“The so-called ‘agreement,’ if any, is constitutionally void since it is tantamount to the surrender of our country’s sovereign rights over our EEZ (exclusive economic zone). Such an agreement will be equivalent to a new National Policy, which must be enshrined in a Treaty to be submitted to the Senate for ratification before it can take effect,” Gonzales said.

The EEZ refers to an area of the ocean, generally extending 200 nautical miles (230 miles) beyond a nation's territorial sea.

Lawyer Harry Roque, Duterte's former presidential spokesperson, recently confirmed this secret pact.

Gonzales reiterated that Ayungin Shoal is part of the country’s EEZ as reaffirmed by the 2016 arbitral ruling that favored the Philippines and invalidated China’s expansive nine-dash line claim in the South China Sea.

“Likewise, under Article 56 of the United Nations Convention on the Law of the Sea (UNCLOS), the coastal state, which in this case is clearly the Philippines, has the right to build and maintain structures within its EEZ,” he said.

“This would clearly mean that our country has every right to protect and safeguard all features within our EEZ including the Ayungin Shoal," stressed Gonzales, also a lawyer.

Assuming, the Mandaluyong solon said, that there was indeed an agreement between Duterte and China, it will not be an enforceable agreement.

“There are still some necessary criteria that we should satisfy before it is considered legally binding here in the Philippines. First, for the alleged ‘agreement’ to be enforceable, it must be in the form of an Executive Agreement. Since there is no official record under our records, the alleged ‘agreement’ may not be considered an Executive Agreement,” Gonzales pointed out.

Since it is not in the form of a treaty or an Executive Agreement, then the secret pact of Duterte with China must not be honored in the Philippines.

“The more important question we should ask is whether it was even wise for anyone, no less than the President of the land, to even consider, much more agree to the conditions of this so-called ‘gentleman’s agreement,’” Gonzales noted.

“We should ask if this supposed deal really have any value to the ordinary Filipino people. If there is truly an agreement, did it achieve its objective of peace and status quo?” he added.

The House of Representatives is eyeing an inquiry on Duterte-China WPS agreement.