3 years after PH arbitral win vs. China: Duterte admin did nothing to enforce it —Carpio

Marje Pelayo   •   July 12, 2019   •   4498

MANILA, Philippines – July 12, 2019, marks the third anniversary of the Philippine’s arbitral win against China’s historical claims on the South China Sea, part of which is the West Philippine Sea.

The Permanent Court of Arbitration’s landmark ruling thus invalidated China’s so-called ‘Nine-Dash Line’ – the undefined demarcation line that encircles as much as 90 percent of the disputed waters in the area.

The Duterte administration downplayed the victory in hopes of building stronger ties with China and preferred to offer diplomacy rather than further escalating the tension by sending military troops to the disputed waters, even amid reports of harassment against Filipino fishermen and the Chinese destroying and exploiting the Philippines’ marine resources.

Maritime expert Jay Batongbacal expressed deep concern on the continuous deterioration and massive destruction of the marine environment in the West Philippine Sea.

“This has to stop and we have to get serious,” the Director of the University of the Philippines Institute of Maritime Affairs and Law of the Sea appealed.

“And we’re not talking about going to war. We’re talking about simple things like stopping the destruction of a common pool resource that would benefit us all,” he added.

Senior Associate Justice Antonio Carpio, meanwhile, acknowledge that war is not an option in the West Philippine Sea row as the Constitution forbids.

But Carpio blamed the Duterte administration’s inaction, accusing it of using such provision of the law to instill fear among Filipinos as if the Philippines has no other option but to obey with what China offers.

“This administration has done nothing whatsoever to enforce the arbitral award,” Carpio said.

 “I don’t see positive in the enforcement of the award,” he added.

The magistrate appealed to President Duterte not to formalize his verbal agreement with China’s Xi Jinping in his upcoming state of the nation address (SONA) that allows Chinese fishermen to fish within the exclusive economic zone (EEZ) of the country in the WPS.

Carpio said, once Duterte formalizes the agreement, the Philippines would be bound and that would weaken the Arbitral ruling.

“If the President will confirm it in his SONA, I mean, we cannot get out of that anymore. So, we’re bound by that, we have to honor that. So, that means China can fish in an area 59 times larger than Scarborough Shoal,” Carpio argued.

Malacañang stressed that the President considers his agreement with Xi as legally binding, but Foreign Affairs Secretary Teodoro Locsin Jr. insisted that it cannot be executed because there is no written document to attest the deal.

For her part, former Ombudsman Conchita Carpio-Morales said the issue will still depend on how the President delivers the matter during his SONA.

She calls on Filipinos to stand for the country’s rights no matter what happens.

“Let us not be scared by all the propaganda that we hear. Because if we do, walang mangyayari (nothing will happen),” Morales said.

“Be brave,” she concluded. – with details from Harlene Delgado

Philippines won’t cooperate with ICC probe, Palace maintains

Robie de Guzman   •   September 16, 2021

MANILA, Philippines – Malacañang on Thursday maintained that the Philippine government will not cooperate with the International Criminal Court (ICC) investigation into the Duterte administration’s anti-drug campaign.

Chief presidential legal counsel Salvador Panelo said the ICC has no jurisdiction over the Philippines and its decision to authorize an investigation into the killings under the government’s war on drugs is interference into the country’s domestic affairs.

He also stressed that the country has already withdrawn from the Rome Statute – the treaty that established the ICC.

In March 2019, the Philippines effectively withdrew from the Rome Statute after Duterte cancelled the country’s membership of the ICC’s founding treaty.

Under the ICC’s withdrawal mechanism, the court retains jurisdiction over crimes committed during the membership period of a state.

The ICC on Wednesday said that its Pre-Trial Chamber 1 has granted then Prosecutor Fatou Bensouda’s request to formally conduct a full investigation into the Philippines’ drug war.

Bensouda previously argued that there is a reasonable basis to believe that murder has been committed in the Philippines between July 1, 2016 and March 16, 2019 in the context of the state policy.

But Panelo said the ICC can only conduct an investigation if the state’s judicial system is no longer functional, which is not the case in the Philippines.

It must also be proven that the state is unwilling to prosecute suspects in order for the ICC to launch a probe.

Panelo said ICC probers will not be allowed to enter the Philippines. He also believes that the investigation was politically motivated.

Mayor Sara urges supporters to back President Duterte’s VP bid

Robie de Guzman   •   September 16, 2021

MANILA, Philippines — Davao City Mayor Sara Duterte has called on the public to support President Rodrigo Duterte’s vice presidential bid in the upcoming 2022 elections.

The presidential daughter made the call as she reiterated her earlier stand that she will not run for president after her father formally accepted the nomination as the vice presidential bet of the ruling party, PDP-Laban.

“Mayroong kaming maayos na kasunduan ni Pangulong Duterte sa aming kani-kaniyang karera sa pulitika. Ibigay po natin sa kanya ang pinakamalakas natin na suporta sa kanyang desisyon na tumakbong vice president,” she said in a video message posted on her official social media account.

Mayor Sara earlier said she will not seek a national position in next year’s polls, adding that her father’s political plans will not affect her own.

Sara Duterte has consistently topped presidential election surveys.

Several political parties have also declared their support for the mayor should she decide to join the presidential race.

Mayor Sara thanked those who have expressed their support and trust in her capability as a leader.

“Pinapaabot ko ang aking taos pusong pasasalamat sa mahigit kumulang 700 parallel groups na nag-oorganisa para ako ay tumakbong pangulo. Ito ay isang karangalan na hindi nabibili at hindi ibinibigay sa lahat ng pulitiko… Sana ay ituloy natin ang pagtulong sa ating mga kababayan, kahit hindi para sa kandidatura o sa eleksyon,” she said.

Duterte tells Cabinet execs to get clearance first before attending Senate hearing

Robie de Guzman   •   September 14, 2021

MANILA, Philippines – President Rodrigo Duterte on Tuesday ordered Cabinet members to seek his clearance first before attending Senate inquiries.

 “I will require that the Cabinet members invited to your [Senate] hearings that he will clear the invitation with me,” Duterte said in a taped public address that was aired on Tuesday.

The president issued the statement as he once again criticized the Senate for holding investigations into the government’s pandemic response for the alleged anomalous transactions and purchase of pandemic supplies.

Duterte said he is not questioning Senate’s authority to conduct investigations in aid of legislation. However, he noted that some officials invited as resource persons, especially those coming from the Executive department, have attended the hearings for hours but are not given the time to say their testimonies.

He also acknowledged the upper chamber’s power to cite a person in contempt but stressed that as the president, he can also exercise his authority over his Cabinet members.

“May option kayo to cite the person in contempt. Ako na magsabi. Ako ang may utos na hindi mag-attend,” he said.

“I think I can do it as a president really if there is an abuse of authority there or exceeding the authority of the reasonable time that the Congress conducts hearing I will limit what you can do with the Rxecutive department of the government,” he added.

He also accused lawmakers of “stretching” the hearings as part of their strategies come 2022 elections.

“Tingnan ko kung pabalik-balik na lang with no other purpose except to ramble, to stretch the hearing because that is good for election until may be the election itself. Okay man yan because you are entitled to your own strategy,” he said.

Duterte likewise said he will campaign against Senator Richard Gordon for being an “unfit” lawmaker.

Gordon is the chairman of Senate Blue Ribbon Committee that is holding a probe into the government’s COVID-19 response.

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