China militia around Pag-asa proof of crime vs fishermen

The influx of Chinese maritime militia around Palawan’s Pag-asa Island harasses, bullies, and persecutes Filipino fishermen. China’s non-stop illegal reef dredging and artificial island building also degrades the marine environment in the South China Sea. Those are added proof of crimes against humanity, for which Chinese President Xi Jinping is being held liable.

Victimized are “300,000 Filipino fishermen who appear helpless against a powerful goliath,” former foreign secretary Albert del Rosario said. He fired off a statement yesterday relating the new events to his earlier complaint against Xi before the International Criminal Court.

“Beijing’s actions are planned by the Chinese government, accepted by the Chinese government,” del Rosario said. “Nothing is being done by the Chinese government to stop these persistent inhumane actions against a civilian population.”

The AFP Western Command reported last weekend an increased presence of 275 Chinese vessels around Pag-asa. The main island of Kalayaan municipality in the Spratlys is home to 400 Filipino civilians.

Backed by Chinese coast guard gunboats, the stationary craft are part of China’s armed fisheries militia. They bar Filipino fishers from venturing near Sandy Cay, three miles off Pag-asa but 12 from Chinese-held Subi Reef. The sandbar was formed recently from China’s dredging and landfilling of Subi into an island fortress. Being within 12 miles of Pag-asa, Sandy is part of Philippine territory under international law.

Beijing’s moves seriously have affected “the livelihood and significantly diminished the food security of our fishermen and their families, not to mention all of us who are part of the consuming public,” del Rosario said. “The presence of hundreds of Chinese vessels around Pag-asa serves to harass, bully, and persecute our fishermen.”

On March 15 del Rosario and former Ombudsman Conchita Carpio Morales asked the ICC to investigate X i for the injustices against Filipino fishermen and the reef destruction. Yesterday he said: “Our objective is to hold as individually responsible President Xi Jinping, Foreign Secretary Wang Yi, and Ambassador Zhao Jianhua for crimes against humanity committed against our fishermen in our territory.” Filed with Filipino fishermen, the communication to the ICC was sent two days before Manila’s withdrawal from the Rome Statute.

Interviewed in Sapol radio show last Saturday, Carpio Morales enjoined Filipino fishermen to not fear any Chinese reprisal due to their complaint against Xi. Any reprisal would even be further evidence of crimes against humanity, she said.

Zhao has belittled the letter to the ICC “useless”; President Rodrigo Duterte has distanced himself from it; his spokesman Salvador Panelo has called it “futile.”

Del Rosario described China’s armed militia surrounding Pag-asa “unlawful actions from our northern neighbor, whose intentions and activities are to force a doctrine of dominance and control on our region and beyond.”

Panelo claimed that the foreign office has sent a diplomatic protest. He quickly added that he’d first ask Zhao to verify the report, then tell him “politely” to desist.

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Philippine and Guam courts have upheld the removal of a former top management hire from The Medical City. The separate verdicts bolster the majority shareholders’ control of the prestigious hospital in the two jurisdictions.

Pasig City’s regional trial court on Mar. 11 junked as nuisance and harassment a complaint of TMC’s ex-COO Margaret Bengzon. It refused to undo the Nov. 2018 majority shareholders’ meeting that installed new directors and top executives.

Bengzon had wanted an injunction against the stockholders’ meeting of PSI Healthcare Development Corp. She claimed it had injured her right as a shareholder. Impleaded were founding and majority stockholders led by Augusto P. Sarmiento, Eugenio Jose Ramos, Jose Xavier B. Gonzales, Ruben Kasala, Parvesh Fabiani, Salvador Rafael Tirona, and Michael Pineda.

Judge Nicanor A. Manalo Jr. found no proof of Bengzon being a shareholder, however, so in no position to question the meeting. One share in PSI Healthcare merely was assigned to her in trust by Professional Services Inc., which wholly owns subsidiary PSI Healthcare. PSI is the firm behind the TMC brand.

The Superior Court of Guam on Mar. 27 dismissed Bengzon’s case against Guam Healthcare Development Inc. The latter operates Guam Regional Medical City, TMC’s branch in the US protectorate where she used to be CEO-chairman.

Bengzon wanted reinstatement, claiming that her removal had injured GRMC. Judge Elyze Iriarte ruled, however, that Bengzon lacked standing because not a stockholder of Guam Healthcare. The latter itself stated in court there was no such injury to the corporation.

The court also said Bengzon cannot demand reinstatement. She admitted to have no agreement to be employed for a specified term or that she be terminated only under certain circumstances. An employee who lacks a guaranteed term of employment is categorized as “at-will”, the court ruled. Such “at-will” arrangement means either the employer or the employee can terminate the relationship at any time, for any reason.

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Catch Sapol radio show, Saturdays, 8-10 a.m., DWIZ (882-AM).

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