Duterte broke his promise not to bargain on West Philippine Sea - Morales , Del Rosario

Duterte broke his promise not to bargain on West Philippine Sea - Morales , Del Rosario




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,"

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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