Duterte: ICC case vs Xi won’t strain PH-China ties
Robie de Guzman • March 22, 2019 • 4537
MANILA, Philippines – President Rodrigo Duterte remains positive that the stronger diplomatic ties between the Philippines and China will not be jeopardized by the case filed against Chinese President Xi Jinping before the International Criminal Court (ICC).
Duterte expressed the remark on Thursday (March 21) after two former high-ranking Philippine officials filed a communication against Xi before the ICC for China’s supposedly aggressive militarization and reclamation in the disputed territories in the South China Sea.
“No, I’m sure it won’t,” Duterte said when asked if the case would affect the ties between the two countries at the sidelines of the 122nd Anniversary celebration of the Philippine Army in Taguig City.
Former Ombudsman Conchita Carpio-Morales and former Foreign Affairs Secretary Albert del Rosario filed the complaint on behalf of Filipino fishermen allegedly injured and persecuted by China’s “most massive, near permanent and devastating destruction of the environment on humanity’s history” in the South China Sea.
Carpio-Morales and Del Rosario also accused Xi and other Chinese officials of committing crimes against humanity for implementing “systematic plan to control the South China Sea.”
The complainants said that China’s “atrociously inhumane actions” that “adversely affects and injures not only myriad groups of vulnerable fishermen, including 320,000 Filipino fishermen, but also present and future generations of people across nations” remain unpunished.
“They are entitled to file the case. They are Filipino citizens and I think we’ll just also have to defend our position vis-à-vis sa kanila. They think they have a good case and I would say that there is no jurisdiction over this country and of China,” Duterte said.
“The Philippines is a democratic country and anybody can bring a suit against anybody, but whether or not it would prosper, or whether or not we have the jurisdiction, that’s something else,” he added.– Robie de Guzman(with details from Rosalie Coz)
MANILA, Philippines – President Rodrigo Duterte will never cooperate with any possible investigation by the International Criminal Court (ICC) into the alleged killings attributed to his administration’s war against drugs, Malacañang said on Tuesday.
Presidential Spokesperson Harry Roque said the ICC’s decision to move forward into a formal investigation is “legally erroneous” and “politically-motivated.”
“Hinding-hindi magko-cooperate ang Presidente hanggang matapos ng kanyang termino sa June 30, 2022,” he said in a press briefing.
“Hindi po natin alam kung ano ang magiging polisiya after 2022. ‘Yan po ay bibigyan ng kasagutan kung sino man ang susunod na president ng Pilipinas.
Roque issued the statement after outgoing ICC chief prosecutor Fatou Bensouda said Monday she has asked the court for authorization to formally conduct a full investigation into the Philippines’ drug war.
Bensouda said 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 Roque, a lawyer and the only Filipino member of the ICC’s list of counsels, said the decision to conduct formal investigation is “legally erroneous because in the first place, the ICC has no jurisdiction over the subject matter of crimes against humanity as alleged in her information against President Rodrigo Roa Duterte.”
He also said that the police did not systematically attack civilians in the drug war as the killings during the campaign were “coincidental or collateral damage either because the policeman had the right to defend to himself using reasonable force or they were in fact the subject of an attack and therefore justified by the principle of necessity and proportionality.”
The presidential spokesman also said that the case, even for purposes of formal investigation, is “barred by the principle of complementarity” and the investigation is “not pursuant or in aid of substantial justice.”
“Ang sinasabi po ng prinsipyo ng complementarity, the ICC will not exercise jurisdiction unless the member-state is unable or unwilling to prosecute,” he explained.
“Kapag sinabi pong unable, ibig sabihin, walang estado, walang hukuman, walang pulis na gumagana, it is a failed state. Ang unwilling po is when you have legislation according impunity to an individual, wala po tayong ganyan sa Pilipinas,” he added.
He also underscored that cases in the course of a police operation are being investigated and that the country does not need foreigners to probe the incidents because the Philippines’ legal system still works.
“Hindi po natin kinakailangan ang mga dayuhang mag-iimbestiga ng mga patayan sa drug war dahil gumagana po ang sistemang ligal sa Pilipinas. Mayroong mga piskal at hukumang nagparusa na,” Roque said.
The Palace official also believes that the complaint was politically motivated as it was filed by someone who now wants to seek a higher position in the next elections. He did not mention any names but former Senator Antonio Trillanes was believed to be behind the move.
He also claimed that Bensouda made the decision as she supposedly wants to deflect criticism that only investigates cases involving Africa.
“Politika rin ang dahilan kung bakit si Prosecutor Bensouda ay nagsampa dahil ang puna sa kanya ang kinakasuhan lang ninya ay mga kapwa Aprikano niya. Kinakailangan niyang magkaso ng hindi Aprikano, para patunayan na kaya lang niyang magsampa sa mga kapwa Aprikano niya,” Roque said.
Under ICC statute, a prosecutor must seek authorization from the pre-trial chamber if there is a reasonable basis to proceed with an investigation.
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’s preliminary examination on the situation in the Philippines started in February 2018, covering the period of Duterte’s first day in office in July 2016 up to the time of the country’s withdrawal form the Rome Statute.
MANILA, Philippines—President Rodrigo Duterte and Chinese President Xi Jinping both call for a “win-win” cooperation in commemoration of the 46th anniversary of Philippine-China relations.
The Philippine President expressed his gratitude for China’s assistance to the Philippines in the face of challenges brought by the COVID-19 pandemic.
“Philippine-China economic ties are of course the dynamic force that will continue to drive or bilateral relations forward,” Duterte told Xi in a statement.
“I am confident that my Administration’s Build Build Build program together with the Belt and Road Initiative, will reap long-term benefits for our peoples,” he added.
Meanwhile, in a letter addressed to Duterte, the Chinese president acknowledged that in recent years, with concerted efforts of both sides, Philippine- China relations have remained “healthy and stable.”
“I attach great significance to the development of China-Philippines relations, and stand ready to work with you in guiding our bilateral relations to move forward in a sustained and steady manner, so as to achieve greater win-win results and mutual benefits,” Xi said. AAC
With votes of 17-3-0, the Senate has approved the Philippine Offshore Gaming Operators or POGO Tax Bill on the third and final reading.
Senate Bill No. 223 which President Rodrigo Duterte certified as urgent seeks to impose additional taxes on POGO.
The Gross Gaming Revenue or receipts from POGO’s gaming operation will have 5% tax. The gross income of all alien employees of offshore gaming licensees and service providers will also be imposed with 25% withholding tax.
According to Senator Pia Cayetano, chair of the Senate Ways and Means Committee and sponsor of the bill, an estimate of P28.7 billion worth of taxes will be collected in 2021 once it becomes a law. Meanwhile, an estimate of P32 billion will be collected in 2022.
However, several Senators do not agree in approving the said bill. Senator Risa Hontiveros said online gambling should not be the main source of income for foreigners in the country. She also reported crimes and syndicates where several POGO employees are involved.
“I think it is important for this chamber, Mr. President, to take a stronger position against online gambling and the illicit activity it has brought to our shores,” she said.
Senator Francis Pangilinan also agreed with Hontiveros.
“Indeed, whatever amount the BIR collects from POGOs may be used to fund projects to give relief to our people’s suffering during this pandemic. However, we cannot and should not turn a blind eye to the social costs that the POGO industry brings and has brought upon us,” he said. –AAC (with reports from Harlene Delgado)
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