Respected lawyer in the legal
community, former University of the East Law dean Amado Valdez
The interpretation of the
Constitution which pertains to the country’s EEZ is the issue:
Section 2
of Article XII — which the part about National Economy and Patrimony — of the
Constitution, which says: “The State shall protect the nation’s marine wealth
in its archipelagic waters, territorial sea, and exclusive economic zone, and
reserve its use and enjoyment exclusively to Filipino citizens.”
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| President Rodrigo Roa Duterte (photo credit to owner) |
"Ang
sitwasyon niya ay nasa pagitan ng demonyo at deep blue sea," Dean Valdez
said on Super Radyo dzBB. "Yung pag-amin na 'yun, na wala kang kakayahang
[lumaban] mas malaking... ito 'yung demonyo. Kaysa sasabihin na deep blue sea,
sasabihin na kumuha kayo ng isda dyan."
Dean
Valdez added the real issue was whether the country was equipped to go to war
against China should the president decide to go that direction.
"Kaya ba ng Coast Guard natin na lumaban? Mas
malaki ba ang mawawala? Mas marami ba ang mamamatay? Marami bang damage?,"
the lawyer asked.
"Parang suicidal situation. Palagay ko naman
maski ang Constitution ay ipinagbabawal yan na gumawa ka ng hakbang para lalong
ilalagay sa hindi magandang sitwasyon ang bayan mo."
A call
for impeachment for the President critics have been floated, since allowing
Chinese fishermen to trawl in the country's EEZ.
The Chief
executive argued that the Philippines could not enforce its sovereignty over
its EEZ, and the only other response available was to wage a war that the
country could not possibly win.
Pres. Duterte also said that he would jail anyone who dared file an impeachment case against him.
"I-impeach
ako? Kulungin ko silang lahat. Subukan ninyo," the president threatened.
"I-impeach mo ako? I-deliver ko kayo sa Beijing lahat. You want me not
only to violate the Constitution. How can I protect the resources when there's
nobody to eat it?"
Exercises of sovereignty
Valdez,
is of the opinion that the issue regarding the EEZ would be addressed over time.
"'Yung
panahon na 'yun, you have to strengthen yourself," the law expert said.
He also
points that the government could assert the Philippines sovereignty by filing
formal complaints against the Chinese fishermen who rammed and abandoned the
Filipino fishermen.
"At
least maipakita natin sa China na kapag umulit kayo rito, kapag nagpunta kayo
rito mapa-filean kayo ng kaso. These are the exercises of sovereignty na hindi
ka lalaban sa isang gyera at maire-remind mo naman sa mga citizen ng China na
hindi kayo immune sa aming prosecution," Valdez explained.
"Pag
ganun ang astang gagawin natin, ang China hindi naman sasabihing 'Huwag niyo
i-prosecute 'yan,' kasi wala naman silang jurisdiction dito sa atin. Doon mo na
ipapakita ngayon ang sovereignty mo."
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