Former Foreign Secretary Albert del Rosario and former Ombudsman
Conchita Morales Carpio are trying to make headlines again.
A day after the 4th State of the Nation Address of
President Rodrigo Roa Duterte, the two has accused the former of broking his
promise with respect to not bargain the country's claim over the West Philippine Sea.
In 2016, prior to his visit to China the President was quoted
saying : "I will be very careful not to bargain anything for after all I
cannot give what is not mine and which I am not empowered to do by any sketch
of imagination,"
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| Former DFA Sec. Albert Del Rosario and Former Ombudsman Conchita Morales-Carpio (photo credit to owner) |
The two former government officials were the same initiators of
the filing of a communication to the International Criminal Court as against
Chinese President Xi Jinping.
They alleged that Duterte broke his promise on the pretext that
ther would be “trouble” if the Philippines will start digging for oil in the
West Philippine Sea.
"A crucial question is: why was this agreement secret and
hidden from the Filipino people for nearly three years?" Del Rosario and
Morales said in a joint statement.
Del
Rosario and Morales reiterated that Duterte's fishing deal with his Chinese
counterpart is illegal, null and void as it violates the Constitution.
"No
Presidential agreement with China or any other country can override the
explicit constitutional mandate that the 'use and enjoyment' of our EEZ is
'reserved... exclusively to Filipino citizens,'" the statement read.
Under
the Vienna Convention on the Law of Treatis, "A treaty is void if its
conclusion has been procured by the treat or use of force in violation of the
principles of international law embodied in the Carter of the United
Nations."
This
agreement does not bind the Filipino people because Beijing used the threat of
war. Both the Philippines and China are parties to the Vienna Convention.
The
two government official reiterate that the Philippine president cannot grant
fishing rights to foreigners absence of any provision in the Constitution that
allows it.
"In the case of the Philippines, it is prohibited to give
part of the EEZ to the Chinese because the Philippine Constitution
specifically reserves the use and enjoyment of its EEZ exclusively to
Filipinos," they said.
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Report from PhilStar
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