Without ICC treaty, PHL can’t sue China if it invades Panatag, Scarborough — Carpio

admin   •   October 10, 2018   •   3755

FILE PHOTO: An aerial view shows the Pagasa (Hope) Island, part of the disputed Spratly group of islands, in the South China Sea located off the coast of western Philippines July 20, 2011.
REUTERS/ROLEX DELA PENA/POOL

MANILA, Philippines — The Supreme Court has concluded the oral arguments on the petition questioning the validity of the country’s withdrawal from the International Criminal Court (ICC).

It was the Executive Department’s turn to argue that there is no explicit constitutional provision that states Senate concurrence is required in treaty withdrawal.

Solicitor General Jose Calida explained that President Rodrigo Duterte did not violate the Constitution, but only exercised his power as the chief architect that crafts and implements foreign policy.

But Justice Antonio Carpio said the ICC treaty is the only legal deterrent that can protect the country from China’s abuses, specifically, the Kampala Amendment which activated the court’s jurisdiction on crimes of aggression.

“If China invades Pag-asa [Island] and puts up a naval base in Scarborough Shoal, we will not be able to sue President Xi Jin Ping and his military leaders because we have withdrawn already from the ICC, correct?
I mean we cannot take advantage of this legal defense anymore because we are withdrawing from the Rome Statute.

Calida suggested that there might be other international treaties that can be used, but Carpio insisted otherwise.

“This is the only treaty in the world that holds political and military leaders of a state that commits the crime of aggression,” Carpio said.

The Philippines withdrew from the treaty in March 2018 via note verbale sent to the United Nations amid the preliminary examinations on Duterte’s war on drugs by ICC prosecutor Fathou Bensouda.

But according to constitutional law professor Tony La Viña, whether or not the high court rules in favor of the president, investigations on his controversial drug war will continue.

“Kahit sabihin ng Supreme Court natin na valid ang pag withdraw ni Duterte di ba? For any case filed against him, for acts he committed noong member pa tayo, continue iyon. Ang consequence lang ng pagwithdraw natin sa ICC ay any acts committed after April or March, when it takes effect, is no longer covered,” La Viña said.

The petitions asking for the nullification of the withdrawal were filed by opposition senators and the Philippine Coalition for the International Criminal Court. — Mai Bermudez

PH Defense chief says China trespassing in Ayungin Shoal

Robie de Guzman   •   November 25, 2021

MANILA, Philippines – Department of National Defense (DND) Secretary Delfin Lorenzana on Thursday reiterated that the Philippines has sovereign rights over Ayungin Shoal (also called Second Thomas Shoal) following China’s call for the country to remove its grounded vessel in the area.

“Ayungin lies inside our EEZ (exclusive economic zone) which we have sovereign rights. Our EEZ was awarded to us by the 1982 UNCLOS, which China ratified,“ Lorenzana told reporters.

“China should abide by its international obligations that it is part of,” he added.

The Defense chief issued the statement in response to the remark of China’s Foreign Ministry, through its spokesperson Zhao Lijian, demanding the Philippines to remove the BRP Sierra Madre from the shoal.

BRP Sierra Madre is an old Philippine Navy ship that was ran aground there to assert Manila’s claim over the area. It has been serving as the outpost of a small Philippine military contingent since 1999.

In a press conference in Beijing, Zhao claimed anew that Ayungin Shoal (known in China as Ren’ai Jiao) is part of Nansha Qundao, which is the Chinese name for the Spratly Islands also being claimed in part by the Philippines.

But Lorenzana maintained that Ayungin Shoal is within the Philippines EEZ as it is located about 105 nautical miles west of Palawan.

Aside from UNCLOS, the Defense chief also noted that the Permanent Court of Arbitration, in its 2016 ruling on a case lodged by the Philippines, stated that China’s territorial claim over the West Philippine Sea has neither historic nor legal basis.

“Ergo, we can do whatever we want there and it is they who are actually trespassing,” he said.

“Meron tayong dalawang documento na nagpapatunay na meron tayong sovereign rights sa ating EEZ habang sila ay wala at yung claim nila walang basehan, “ he added.

Lorenzana also said that as far as he knows, there is no commitment made by Philippine authorities to remove BRP Sierra Madre from the Ayungin Shoal.

“As far as I know there is no such commitment. That ship has been there since 1999. If there was commitment it would have been removed long time ago,” he said.

China’s demand for the removal of BRP Sierra Madre from Ayungin Shoal came after Philippine military boats completed their resupply mission on Thursday.

The boats were deployed there a week after Chinese coast guard vessels blocked and harassed the first Filipino mission that were sent to the area.

The incident prompted President Rodrigo Duterte to call out China’s action at the contested waters during the ASEAN-China special summit on November 22. (with details from Correspondent Lea Ylagan)

Palace welcomes SC ruling junking plea to compel Duterte to defend PH territory

Robie de Guzman   •   November 24, 2021

MANILA, Philippines – Malacañang on Wednesday welcomed the decision of the Supreme Court (SC) to dismiss the petition to compel President Rodrigo Duterte to defend the Philippine territory against China’s claims and incursions in the West Philippine Sea.

“We welcome the decision of the Supreme Court dismissing the petition for mandamus filed against President Rodrigo Roa Duterte,” acting presidential spokesperson Karlo Nograles said in a statement.

Nograles was referring to an SC ruling dated June 29 but only uploaded on its website on November 22.

In a unanimous decision, the SC en banc dismissed the petition for mandamus filed by lawyer Romeo Esmero for “utter lack of merit.”

In his petition, Esmero claimed that it is the president’s ministerial duty to defend the national territory, which includes the West Philippine Sea as established by the UN Arbitral Tribunal.

He also asserted that “there is unlawful neglect or inaction by the president in the performance of his constitutional duty resulting to the detriment of ‘paramount public interest involve (sic) the livelihood of all of our poor Filipino fishermen and their families who are living in the coastal areas of the many islands facing the West Philippine Sea.’”

Esmero also suggested suing China before the International Criminal Court “to demand payment and damages for taking the Kalayaan Islands.”

“Our ruling in De Lima v. Duterte is clear: the president is immune from suit during his incumbency, regardless of the nature of the suit filed against him. Petitioner named President Duterte as the sole respondent in this case. For this reason, this suit should be dismissed outright,” the SC said.

The high court also noted that the petition for the issuance of a writ of mandamus “would still not lie in petitioner’s favor.”

A mandamus petition seeks to compel action and performance of a pre-existing duty, a ministerial function on the part of a board, officer or person, provided that the petitioner has a well-defined and clear right warrant the grant thereof.

“Indeed, the president is the guardian of the Philippine archipelago, including all the islands and waters embraced therein and all other territories over which it has sovereignty or jurisdiction. By constitutional fiat and the intrinsic nature of his office, the president is also the sole organ and the authority in the external affairs of the country,” the ruling read.

The SC said that for all the petitioner’s posturing, he failed to point any law that specifically requires the president to go to the UN or the ICJ to sue China for its incursions into the Philippine exclusive economic zone.

“Neither has he shown a clear and unmistakable constitutional or statutory provision which prescribes how the president is to respond to any threat (actual or imminent) from another State to our sovereignty or exercise of our sovereign rights,” the court said.

The SC said that former President Benigno S. Aquino was under no obligation to file a case against China through the UN Convention on the Law of the Sea (UNCLOS) in 2013.

“Taking China to binding arbitration was risky, as it could potentially damage relations with a major trading partner. On July 12, 2016, the arbitral tribunal issued an award overwhelmingly in favor of claims by the Philippines and ultimately bringing some clarity to the overlapping claims in the area,” the court noted.

The SC said that if President Duterte now sees fit to take a different approach with China despite said ruling, “this does not by itself mean that he has, as petitioner suggests, unlawfully abdicated his duty to protect and defend our national territory, correctible with the issuance by this Court of the extraordinary writ of mandamus.”

“Being the Head of State, he is free to use his own discretion in this matter, accountable only to his country in his political character and to his own conscience,” the SC added.

The 9-page ruling was penned by Associate Justice Rodil Zalameda. All 13 other justices concurred with the decision.

With this ruling, Malacañang said that the “executive power, indeed, rests on the President, including the peaceful and stable conduct of foreign affairs. Matters within the President’s discretion cannot be compelled by mandamus.”

The Palace also maintained that the president is the chief architect of foreign policy and this is affirmed by the latest decision of the High Court.

“Having said this, the president has firmly kept his position to continue the peaceful resolution of disputes,” Malacañang said.

 

PH military boats on resupply mission have reached Ayungin Shoal – Palace

Robie de Guzman   •   November 23, 2021

MANILA, Philippines – Philippine military boats carrying supplies for Filipino troops have reached Ayungin Shoal (also called Second Thomas Shoal) in the West Philippine Sea, Malacañang said Tuesday.

“Dumating na ang resupply boats sa Ayungin Shoal at nakarating na ang supply sa BRP Sierra Madre ngayong tanghali,” acting presidential spokesperson Karlo Nograles said during a Palace briefing.

The military boats left Oyster Bay in Palawan on Monday.

Nograles made the announcement a week after two military boats were blocked and harassed by three Chinese Coast Guard vessels during a resupply mission to Ayungin Shoal.

No one was hurt in the incident but the mission was aborted as one of the two boats sustained damage. The boats were transporting food and other supplies to military personnel stationed in the shoal.

Defense Secretary Delfin Lorenzana earlier said the vessels were deployed after Chinese envoy Huang Xilian gave assurance that the Philippine military’s resupply mission to Ayungin Shoal will not be impeded.

Foreign Affairs Secretary Teodoro Locsin Jr. last week expressed dismay over the incident and said he has conveyed the Philippine government’s protest to China’s foreign ministry.

Beijing earlier claimed the Philippine boats “trespassed” into China’s territory and that its coast guard vessels only “performed official duties in accordance with law.”

But Philippine authorities maintained that the Ayungin Shoal is part of the Kalayaan Island Group, which is within the country’s exclusive economic zone (EEZ).

Ayungin Shoal is about 105 nautical miles from Palawan. It is currently occupied by Philippine troops.

REACH US

The Philippine Broadcast Hub

UNTV, 915 Barangay Philam,

EDSA, Quezon City M.M. 1104

(+632) 8396-8688 (Tel)

info@untv-newsandrescue.com (General inquiries)

ABOUT UNTV

UNTV is a major TV broadcast network with 24-hour programming. An Ultra High Frequency station with strong brand content that appeal to everyone, UNTV is one of the most trusted and successful Philippine networks that guarantees wholesome and quality viewing experience.