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Statements binding even outside planned WPS debate, Duterte reminded

Philstar.com
Statements binding even outside planned WPS debate, Duterte reminded
This handout photo taken April 14, 2021, and received from the Philippine Coast Guard (PCG) April 15, Philippine coast guard personnel aboard rubber boats and displaying a Philippine flag, patrol past Chinese vessels at Julian Felipe (Whitsun) Reef in the West Philippine Sea.
PCG / Releaed

MANILA, Philippines — Citing the Palace's position that presidential statements are binding, retired Senior Associate Justice Antonio Carpio on Tuesday urged President Rodrigo Duterte to retract some statements on the West Philippine Sea that are similarly binding.

In a statement, Carpio noted that, in backing out in his challenge for debate, Duterte acknowledged that his policy statements may be binding on the government.

“So eh policy statement kung anong itanong niya masasabi ko and I might bind future actions of the government pagdating dito sa West Philippine Sea,” Duterte said in a public address aired Monday night.

(So, these policy starements. You might ask me something and I say something and I might bind future actions of the government when it comes to the West Philippine Sea.)

The retired justice, who has been on the receiving end of Duterte’s tirades in televised meetings, urged Duterte some of his statements that involve the West Philippine Sea and the country’s historic arbitration win.

He listed the following statements:

  • That “China is in possession of the West Philippine Sea”
  • That Chinese fishermen can fish in the exclusive economic zone of the Philippines in the West Philippine Sea
  • That the Arbitral Award of July 12, 2016 is a “scrap of paper to be thrown to the waste basket"

RELATED: Fish in our time: Duterte and Xi's 'undocumented' deal on sea row

“If the president does not retract these statements that he made publicly, then he knows that these statements could bind the Philippine government under present and future administrations,” Carpio also said.

Maritime law experts have raised alarm on Duterte’s defeatist approach to the Philippines’ historic win against Beijing. University of the Philippines College of Law professor Jay Batongbacal noted that, in past years, Southeast Asian countries like Malaysia, Indonesia and Vietnam, referred to this arbitral award as basis to challenge China's excessive claims in the South China Sea.

"It is not right that who won is the one saying that this is just all trash," he added.

After a series of insults to Carpio, part of the legal team that won the ruling, Duterte challenged the retired justice to a debate on issues on the West Philippine Sea.

Although it was his idea to debate, Duterte later assigned his spokesperson Harry Roque to argue in his stead. Chief Presidential Legal Counsel Salvador Panelo has also tried to insert himself into the discussion on a debate on the West Philippine Sea.  — Kristine Joy Patag with reports from Jonathan de Santos

vuukle comment

ANTONIO CARPIO

RODRIGO DUTERTE

WEST PHILIPPINE SEA

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