Closed Duterte vs fishermen: Is the Philippines lawyering for China?

President Rodrigo Duterte and his alter egos doubt their own countrymen whose boat was sunk by a Chinese ship in the West Philippine Sea on June 9, 2019

After 22 Filipino fishermen aboard fishing boat Gem-Ver You do not have permission to view the full content of this post. Log in or register now. by a Chinese vessel in the West Philippine Sea (South China Sea), they face another collision at home: with their own government.
While the fishermen insisted that they were rammed by a Chinese vessel, President Rodrigo Duterte on June 17 You do not have permission to view the full content of this post. Log in or register now. as a "maritime incident."
At the same time, Duterte's men either refused to adopt the fishermen's statements or contradicted them outright.
The President himself echoed China's foreign ministry, which said on June 13 that the sinking of Gem-Ver You do not have permission to view the full content of this post. Log in or register now. He refused to condemn China – You do not have permission to view the full content of this post. Log in or register now. against the United States, the European Union, Canada, and Kuwait over perceived affronts to Filipinos.
Duterte also You do not have permission to view the full content of this post. Log in or register now. of a joint Manila-Beijing investigation into the issue – which, according to critics, places the Philippines and China in one team against the fishermen.
"Hindi namin alam kung kinakampihan pa kami (We don't know if they're still siding with us)," You do not have permission to view the full content of this post. Log in or register now., one of the owners of Gem-Ver, on June 18.

Senator Panfilo Lacson said Duterte's spokesman, Salvador Panelo, You do not have permission to view the full content of this post. Log in or register now.
"He is acting like the defense ministry of China, or is lawyering for the Chinese crew, because he is finding loopholes in our fishermen's words," said Lacson in a mix of English and Filipino. "His mindset is like a defense counsel entering his appearance for China, as if he was in a courtroom."

Is the Philippine government indeed lawyering for China?


The incident is only part of the stream of a grander issue: the Philippines' rights over Recto Bank.
Duterte himself downplays the Philippines' exclusive rights to fish in the area.

This is despite a 2016 international ruling that recognizes Recto Bank as part of the Philippines' exclusive economic zone, a 200-nautical mile area where the Philippines has the exclusive rights to fish and enjoy other resources, such as oil and natural gas.

Simply put: The waters where the Philippine boat was sunk by a Chinese ship belong to the Philippines alone.
Duterte on June 21 said the Recto Bank incident was not an attack on Philippine sovereignty, but You do not have permission to view the full content of this post. Log in or register now. over the area.

On June 24, Duterte stressed that Recto Bank "has two conflicting claims of ownership," even if a Hague tribunal already ruled, once and for all, that the West Philippine Sea belongs to the Philippines.
In effect, Duterte, like China, was not recognizing the Hague ruling of 2016.

In the same June 24 interview, a journalist asked the President: "Will you prevent China from fishing within our EEZ? Iyong pwede po bang… kasi 'yun 'yung request ng mga fishermen?"
Duterte answered: "I don't think that China would do that. Why? Because we're friends. And they are of the same view that that should not result in any bloody confrontation."

Panelo, interpreting Duterte, said the Philippines "will allow" China to fish in the West Philippine Sea "kasi we're friends naman, 'di magbigayan muna tayo



Experts say the Recto Bank incident could only be a test of the Duterte government's reaction to China’s similar moves in the future. If the government reacts lightly, this could further embolden China to ram more Filipino boats to drive them away from the West Philippine Sea.


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[monkey wrench]

awinahe

 

[monkey wrench]

You, you seriously need to buy yourself a brain! I'm going to "ignore" you so I won't see anymore your idiotik posts!

kill yourself mo na lang sarili mo .. awinahe para tapos problema mo...

 

[awinahe]

This perfectly describes duterte!

 

[awinahe]

and what about the build build build project..???..you cant build anything if you dont have any funds..

About funds... Instead of using President’s Social Fund to help victims of calamities, provide livelihood programs, Duterte opted to sit on billions of pesos... or to use the money to pay chinese workers or just to put it in his pocket

"COA flags Office of the President’s P1.4-B idle funds"

The Commission on Audit (COA) has flagged the Office of the President (OP) for not using some P1.41 billion in donated monies that are part of the President’s Social Fund (PSF).
In its annual audit report, the COA said President Rodrigo Duterte’s office could have used the amount to help calamity victims, put up livelihood projects or for land reform.

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[MacubexPogi]

About funds... Instead of using President’s Social Fund to help victims of calamities, provide livelihood programs, Duterte opted to sit on billions of pesos... or to use the money to pay chinese workers or just to put it in his pocket

"COA flags Office of the President’s P1.4-B idle funds"

The Commission on Audit (COA) has flagged the Office of the President (OP) for not using some P1.41 billion in donated monies that are part of the President’s Social Fund (PSF).
In its annual audit report, the COA said President Rodrigo Duterte’s office could have used the amount to help calamity victims, put up livelihood projects or for land reform.

You do not have permission to view the full content of this post. Log in or register now.

is he the one paying the salaries of the chinese workers?..then ask your COA to ask the president for the report or payslips of the chinese if none then this is another again one of your many accusations about the president

 

[MacubexPogi]

learn to read! it's national heroes VS duterte... nobody says duterte is one hero... to me, one zero for sure.
The way he said it had nothing to do with amending the constitution !! He said that it is a thoughtless, senseless piece of paper that we could use as toilet paper Is it how a real president (not a traydor) speaks about the Constitution of his country?
He swore an oath to protect the Constitution, that's how he protects it?

again..nobody said he will amend it..but anybody can from the goverment..they can change the constitution..just like a tissue paper because thats what a tissue paper is..lol you cant understand because you alwaus interpret the presidents statements are bad..

 

[hanayaharvey1]

utak kulangot na LP na awinahe dami ko na mga tanong sau puro iwas sagot ka lahat eto ka nanaman.. eto gawin mo awinahe.. kung gusto mo mabawi ang south china sea kung ikaw lang ha! maki pag gera ka para lang sa isda at sa nasirang bangka kung sobrang liit lang tlaga ng utak mo,, kung mag ka gera cno kawawa hindi kaba nag iisip kung cno? mga pilipino walang pera para tumakas papunta sa ibang mga bansa na ligtas kung magkaka gera ****!! ..sa tingin mo mananatili mga mayayaman na mga politiko lalo na ung LP mo kung mag ka gera !? hindi! tatakas mga yan na parang mga duwag katulad ng ginawa nila nung marawi.. kung patay na lahat ng pilipino sa gera laban sa china .. dun na babalik mga LP mo at magpapakabayani yang ang mangyayari.. hindi mo mainintindihan to kung makitid utak mo awinahe.. kung iipitin ni duterte ang mga mangingisda sa south china sea sa tingin mo ano mangyayari? gamitin mo ulit konte utak mo awinahe.. ang mangyayari bobombahin ulit ng mga chinese navy ang mga mangingisda na pilipino katulad ng nangyari nung aquino administration cno naging kawawa kundi mga pilipino mangingisda.. ginulo nila trillanes at noynoy ang south china dahil sila nagsimula ng gulo ending simula nung umupo si noynoy hangang matapos hindi nakahanap buhay mga mangingisda pilipino .. hindi mo ramdam pakiramdam nila awinahe dahil ang buhay mo parang si renato reyes rally ka ng rally sarap ng kinakain mo habang mga kasamahan mo tuyo ulam habang ikaw jollibee at mcdo ung kanin mo at ulam mo.

 

[awinahe]

again..nobody said he will amend it..but anybody can from the goverment..they can change the constitution..just like a tissue paper because thats what a tissue paper is..lol you cant understand because you alwaus interpret the presidents statements are bad..

This really enrages me! duterte talking about the Constitution, said that "if you have no more toilet paper, you can use it to wipe your a$$" and it's not a bad statement?
I cannot believe that you defend this kind of statement...

 

[awinahe]

is he the one paying the salaries of the chinese workers?..then ask your COA to ask the president for the report or payslips of the chinese if none then this is another again one of your many accusations about the president

it was a hypothesis... but what about the fact that 1,4 billion intended for social purposes were not spent? where is the money?

 

[awinahe]

utak kulangot na LP na awinahe dami ko na mga tanong sau puro iwas sagot ka lahat eto ka nanaman.. eto gawin mo awinahe.. kung gusto mo mabawi ang south china sea kung ikaw lang ha! maki pag gera ka para lang sa isda at sa nasirang bangka kung sobrang liit lang tlaga ng utak mo,, kung mag ka gera cno kawawa hindi kaba nag iisip kung cno? mga pilipino walang pera para tumakas papunta sa ibang mga bansa na ligtas kung magkaka gera ****!! ..sa tingin mo mananatili mga mayayaman na mga politiko lalo na ung LP mo kung mag ka gera !? hindi! tatakas mga yan na parang mga duwag katulad ng ginawa nila nung marawi.. kung patay na lahat ng pilipino sa gera laban sa china .. dun na babalik mga LP mo at magpapakabayani yang ang mangyayari.. hindi mo mainintindihan to kung makitid utak mo awinahe.. kung iipitin ni duterte ang mga mangingisda sa south china sea sa tingin mo ano mangyayari? gamitin mo ulit konte utak mo awinahe.. ang mangyayari bobombahin ulit ng mga chinese navy ang mga mangingisda na pilipino katulad ng nangyari nung aquino administration cno naging kawawa kundi mga pilipino mangingisda.. ginulo nila trillanes at noynoy ang south china dahil sila nagsimula ng gulo ending simula nung umupo si noynoy hangang matapos hindi nakahanap buhay mga mangingisda pilipino .. hindi mo ramdam pakiramdam nila awinahe dahil ang buhay mo parang si renato reyes rally ka ng rally sarap ng kinakain mo habang mga kasamahan mo tuyo ulam habang ikaw jollibee at mcdo ung kanin mo at ulam mo.

complaining because I don't reply to you... Trolls always feel bad when someone ignore them!! I usually don't reply to people who curse, insult or repeat like parrot what they see on FB... and when really, these people annoy me too much, I just tap "ignore" in the settings

 

[MacubexPogi]

This really enrages me! duterte talking about the Constitution, said that "if you have no more toilet paper, you can use it to wipe your a$$" and it's not a bad statement?
I cannot believe that you defend this kind of statement...

your talking about literally using it as a tissue paper..im talking about how the constitution as being not absolute which means it can be change or amend..just like tissue paper..

 

[MacubexPogi]

it was a hypothesis... but what about the fact that 1,4 billion intended for social purposes were not spent? where is the money?

it is not spent or it is not yet spend..for so other reasons..thats why it is called fund..its like savings..you dont have to spend it if theres is no need to spend it..cmon..if they are trying to hide this..that numbers will be smaller on audit lol

 

[awinahe]

your talking about literally using it as a tissue paper..im talking about how the constitution as being not absolute which means it can be change or amend..just like tissue paper..

And you don't see anything wrong that a President compares the Constitution of his country to toilet paper to wipe one a$$? Where in the world could this happen? Yup... only in the Philippines talaga... His blind followers will accept anything he said... you are just part of a cult who glorifies murders, lawlessness, corruption and treason!
The Philippines is the only place whose own people argue that they have less rights, entitlements to territories, or jurisdictions than they should, and defend strongly the acts of other States to take advantage of them!!

 

[awinahe]

it is not spent or it is not yet spend..for so other reasons..thats why it is called fund..its like savings..you dont have to spend it if theres is no need to spend it..cmon..if they are trying to hide this..that numbers will be smaller on audit lol

for other reason? let me guess: duterte does not give a crap on what happens to Filipinos! This 1.4 billion is supposed to be used for social purposes... so not important to him!

 

[MacubexPogi]

for other reason? let me guess: duterte does not give a crap on what happens to Filipinos! This 1.4 billion is supposed to be used for social purposes... so not important to him!

we will never know until that day happens..ahaha..your just thinking bad things because you dont like him

 

[MacubexPogi]

And you don't see anything wrong that a President compares the Constitution of his country to toilet paper to wipe one a$$? Where in the world could this happen? Yup... only in the Philippines talaga... His blind followers will accept anything he said... you are just part of a cult who glorifies murders, lawlessness, corruption and treason!
The Philippines is the only place whose own people argue that they have less rights, entitlements to territories, or jurisdictions than they should, and defend strongly the acts of other States to take advantage of them!!

i dont glorify murder..as long as its a death of a murderderer rapist addict holdaper snatcher and other bad people i have no qualms about it..the world is a better place without them..im not siding with china lol again what im saying is those fishermen doest represent their whole country..again with the tissue thing..just like tissue you have to let it go lol..you dont like thr president so anything he says is bad to you..anything even if praises you directly..you will think again of negative that he is just pulling your leg(that is a metaphor if you dont get)

 

[monkey wrench]

READERS' LETTERS: On the Consistency of Section 91of RA 8550 (Fisheries Code of 1988) as amended with UNCLOS/IL EEZ regime

1. Definition of "Philippine waters" as including "Philippine EEZ" - as they have different meanings, interpretations and legal consequences under international law, such definition may be viewed as an "exercise of territorial claim" likewise inconsistent with international law.

2. Blanket prohibition to fish -- "It shall be unlawful for any foreign national to fish in Philippine EEZ" -- may be inconsistent with Art. 61 and 62 UNCLOS as a state is only allowed to completely ban other states from fishing in its EEZ (a) if it has capacity to harvest entire allowable catch (b) that it has predetermined. If it cannot, it must open surplus for fishing to third states.
3. Blanket prohibition "to operate any fishing vessel in Philippine EEZ" + Prima facie presumption that "entry of fishing vessel in Philippine EEZ as being engaged in fishing in Philippine EEZ" - may be inconsistent with international law as it constitutes "creeping jurisdiction" violating freedom of navigation of foreign fishing vessels in the EEZ.
4. Issuance of license for commercial fishing to Philippine corporations with 40% foreign ownership is itself inconsistent with exclusivity provision of 1987 Constitution.
5. Special meaning of "îllégâl fishing" in Philippine EEZ -- only includes Philippine vessels within its scope ratione personae, effectively excluding foreign vessels from its sanctions.

x--------
Legal Implications under International Law

• Section 91 remains consistent with international law insofar as it applies to Philippine territorial waters.
• If Laos requests an international tribunal to direct the Philippines to grant the state a license to fish on the ground that the latter does not have capacity to harvest its predetermined allowable catch or that even though it has not determined such but a regional fishing organization has validated that there is allowable catch that the Philippines does not have capacity to harvest, it will most likely be allowed to fish in the Philippine EEZ despite the prohibition.
• If a case is brought against the Philippines for an arrest of a fishing vessel for merely operating and entering the Philippine EEZ from a hot pursuit based solely on the overreaching presumption of entry as equivalent to fishing, it will most likely be required to pay compensation. The International Tribunal may also characterize Sec. 91as an exercise of creeping jurisdiction inconsistent with freedom of navigation in the EEZ and therefore a breach of international law.
• If a foreign flagged vessel or stateless vessel was actually fishing or preparing to operate to fish in the Philippine EEZ, it may raise as a defense that it is merely engaging in îllégâl fishing (IUU) as it was merely fishing without a permit or violating the prohibition on fishing, which is outside the scope of RA 8850 as amended by RA 10654 because the Philippines has specially defined "îllégâl fishing" and limited its scope ratione personae to only Philippine vessels under its laws, therefore its courts may not exercise jurisdiction over it as it cannot impose the sanctions anyway.

×------------
It may be time to regulate foreign fishing in the Philippine EEZ instead of outright prohibition.
--------------------------------------------------------
About the Author: Jessica Los Banos is part of the Faculty of Law, Universitas Pelita Harapan in Banten, Indonesia. She received her Bachelor of Laws degree from UP College of Law.

awinahe

 

[Duterte Supporter]

Itong si awinahe hindi na natuto, na zero or zenero na nga ng taong bayan ang Otso pero di parin ito sumusoko hahahaha bawi nalang next election

 

[awinahe]

READERS' LETTERS: On the Consistency of Section 91of RA 8550 (Fisheries Code of 1988) as amended with UNCLOS/IL EEZ regime

1. Definition of "Philippine waters" as including "Philippine EEZ" - as they have different meanings, interpretations and legal consequences under international law, such definition may be viewed as an "exercise of territorial claim" likewise inconsistent with international law.

2. Blanket prohibition to fish -- "It shall be unlawful for any foreign national to fish in Philippine EEZ" -- may be inconsistent with Art. 61 and 62 UNCLOS as a state is only allowed to completely ban other states from fishing in its EEZ (a) if it has capacity to harvest entire allowable catch (b) that it has predetermined. If it cannot, it must open surplus for fishing to third states.
3. Blanket prohibition "to operate any fishing vessel in Philippine EEZ" + Prima facie presumption that "entry of fishing vessel in Philippine EEZ as being engaged in fishing in Philippine EEZ" - may be inconsistent with international law as it constitutes "creeping jurisdiction" violating freedom of navigation of foreign fishing vessels in the EEZ.
4. Issuance of license for commercial fishing to Philippine corporations with 40% foreign ownership is itself inconsistent with exclusivity provision of 1987 Constitution.
5. Special meaning of "îllégâl fishing" in Philippine EEZ -- only includes Philippine vessels within its scope ratione personae, effectively excluding foreign vessels from its sanctions.


View attachment 639422

x--------
Legal Implications under International Law

• Section 91 remains consistent with international law insofar as it applies to Philippine territorial waters.
• If Laos requests an international tribunal to direct the Philippines to grant the state a license to fish on the ground that the latter does not have capacity to harvest its predetermined allowable catch or that even though it has not determined such but a regional fishing organization has validated that there is allowable catch that the Philippines does not have capacity to harvest, it will most likely be allowed to fish in the Philippine EEZ despite the prohibition.
• If a case is brought against the Philippines for an arrest of a fishing vessel for merely operating and entering the Philippine EEZ from a hot pursuit based solely on the overreaching presumption of entry as equivalent to fishing, it will most likely be required to pay compensation. The International Tribunal may also characterize Sec. 91as an exercise of creeping jurisdiction inconsistent with freedom of navigation in the EEZ and therefore a breach of international law.
• If a foreign flagged vessel or stateless vessel was actually fishing or preparing to operate to fish in the Philippine EEZ, it may raise as a defense that it is merely engaging in îllégâl fishing (IUU) as it was merely fishing without a permit or violating the prohibition on fishing, which is outside the scope of RA 8850 as amended by RA 10654 because the Philippines has specially defined "îllégâl fishing" and limited its scope ratione personae to only Philippine vessels under its laws, therefore its courts may not exercise jurisdiction over it as it cannot impose the sanctions anyway.

×------------
It may be time to regulate foreign fishing in the Philippine EEZ instead of outright prohibition.
--------------------------------------------------------
About the Author: Jessica Los Banos is part of the Faculty of Law, Universitas Pelita Harapan in Banten, Indonesia. She received her Bachelor of Laws degree from UP College of Law.

awinahe

So?? This is just a small part of the laws ruling the usage of the seas...
The Supreme Court of The Philippines has stated already that The Philippines Constitution takes over the international laws

 

[awinahe]

i dont glorify murder..as long as its a death of a murderderer rapist addict holdaper snatcher and other bad people i have no qualms about it..the world is a better place without them..im not siding with china lol again what im saying is those fishermen doest represent their whole country..again with the tissue thing..just like tissue you have to let it go lol..you dont like thr president so anything he says is bad to you..anything even if praises you directly..you will think again of negative that he is just pulling your leg(that is a metaphor if you dont get)

There are people I dislike but if they make good, I recognize it... I very much dislike him because he does not make any good to the country and worst, he is destroying it...
BTW, still no answer about what good did he do?