EXCLUSIVE ECONOMIC ZONE
The 1982 UNITED NATIONS CONVENTION ON THE LAW OF
THE SEA (UNCLOS) is very specific and clear about our rights as an archipelagic
state.
Article 56 (Rights, jurisdiction and duties of
the coastal State in the exclusive economic zone), Part V, of UNCLOS provides,
inter alia, that in the 200-nautical mile Exclusive Economic Zone (EEZ), the
coastal State has sovereign rights for the purpose of exploring and exploiting,
conserving and managing the natural resources, whether living or non-living, of
the waters superjacent to the seabed and of the seabed and its subsoil, and
with regard to other activities for the economic exploitation and exploration
of the zone, such as the production of energy from the water, currents and
winds. Thus:
“x x x.
1. In the 200-nautical mile Exclusive Economic
Zone (EEZ), the coastal State has:
(a) sovereign rights for the purpose of
exploring and exploiting, conserving and managing the natural resources,
whether living or non-living, of the waters superjacent to the seabed and of
the seabed and its subsoil, and with regard to other activities for the
economic exploitation and exploration of the zone, such as the production of
energy from the water, currents and winds;
(b) jurisdiction as provided for in the
relevant provisions of this Convention with regard to:
(i) the establishment and use of artificial
islands, installations and structures;
(ii) marine scientific research;
(iii) the
protection and preservation of the marine environment;
(c) other rights and duties provided for in
this Convention.
2. In exercising its rights and performing
its duties under this Convention in the exclusive economic zone, the coastal
State shall have due regard to the rights and duties of other States and shall
act in a manner compatible with the provisions of this Convention.
3. The rights set out in this article with
respect to the seabed and subsoil shall be exercised in accordance with Part
VI.
X x x.”
Article 60 (Artificial islands, installations
and structures in the exclusive economic zone), Part V, of UNCLOS, provides,
inter alia, that the coastal State (Philippines) shall have exclusive
jurisdiction over such artificial islands, installations and structures,
including jurisdiction with regard to customs, fiscal, health, safety and
immigration laws and regulations. Thus:
“x x x.
1. In the exclusive economic zone, the
coastal State shall have the exclusive right to construct and to authorize and
regulate the construction, operation and use of:
(a) artificial islands;
(b) installations and structures for the
purposes provided for in article 56 and other economic purposes;
(c) installations and structures which may
interfere with the exercise of the rights of the coastal State in the zone.
2. The coastal State shall have exclusive
jurisdiction over such artificial islands, installations and structures,
including jurisdiction with regard to customs, fiscal, health, safety and
immigration laws and regulations.
3. Due notice must be given of the
construction of such artificial islands, installations or structures, and
permanent means for giving warning of their presence must be maintained. Any
installations or structures which are abandoned or disused shall be removed to
ensure safety of navigation, taking into account any generally accepted
international standards established in this regard by the competent
international organization. Such removal shall also have due regard to fishing,
the protection of the marine environment and the rights and duties of other
States. Appropriate publicity shall be given to the depth, position and
dimensions of any installations or structures not entirely removed.
4. The coastal State may, where necessary,
establish reasonable safety zones around such artificial islands, installations
and structures in which it may take appropriate measures to ensure the safety
both of navigation and of the artificial islands, installations and structures.
5. The breadth of the safety zones shall be
determined by the coastal State, taking into account applicable international
standards. Such zones shall be designed to ensure that they are reasonably
related to the nature and function of the artificial islands, installations or
structures, and shall not exceed a distance of 500 meters around them, measured
from each point of their outer edge, except as authorized by generally accepted
international standards or as recommended by the competent international
organization. Due notice shall be given of the extent of safety zones.
6. All ships must respect these safety zones
and shall comply with generally accepted international standards regarding
navigation in the vicinity of artificial islands, installations, structures and
safety zones.
7. Artificial islands, installations and
structures and the safety zones around them may not be established where
interference may be caused to the use of recognized sea lanes essential to
international navigation.
8. Artificial islands, installations and
structures do not possess the status of islands. They have no territorial sea
of their own, and their presence does not affect the delimitation of the
territorial sea, the exclusive economic zone or the continental shelf.
X x x.”
Article61 (Conservation of the living resources),
Part V, of UNCLOS provides, inter alia, that the coastal State (Philippines),
taking into account the best scientific evidence available to it, shall ensure
through proper conservation and management measures that the maintenance of the
living resources in the exclusive economic zone is not endangered by
over-exploitation. As appropriate, the coastal State and competent
international organizations, whether subregional, regional or global, shall
cooperate to this end. Thus:
“x x x.
1. The coastal State shall determine the
allowable catch of the living resources in its exclusive economic zone.
2. The coastal State, taking into account the
best scientific evidence available to it, shall ensure through proper
conservation and management measures that the maintenance of the living
resources in the exclusive economic zone is not endangered by
over-exploitation. As appropriate, the coastal State and competent
international organizations, whether subregional, regional or global, shall
cooperate to this end.
3. Such measures shall also be designed to
maintain or restore populations of harvested species at levels which can
produce the maximum sustainable yield, as qualified by relevant environmental
and economic factors, including the economic needs of coastal fishing
communities and the special requirements of developing States, and taking into
account fishing patterns, the interdependence of stocks and any generally
recommended international minimum standards, whether subregional, regional or
global.
4. In taking such measures the coastal State
shall take into consideration the effects on species associated with or
dependent upon harvested species with a view to maintaining or restoring
populations of such associated or dependent species above levels at which their
reproduction may become seriously threatened.
5. Available scientific information, catch
and fishing effort statistics, and other data relevant to the conservation of
fish stocks shall be contributed and exchanged on a regular basis through
competent international organizations, whether subregional, regional or global,
where appropriate and with participation by all States concerned, including
States whose nationals are allowed to fish in the exclusive economic zone.
X x x.”
Article62 (Utilization of the living resources),
Part V, of UNCLOS provides, inter alia, that the coastal State (Philippines) shall
determine its capacity to harvest the living resources of the exclusive
economic zone. Where the coastal State does not have the capacity to harvest
the entire allowable catch, it shall, through agreements or other arrangements
and pursuant to the terms, conditions, laws and regulations referred to in
paragraph 4, give other States access to the surplus of the allowable catch,
having particular regard to the provisions of articles 69 and 70, especially in
relation to the developing States mentioned therein. Thus:
“x x x.
1. The coastal State shall promote the
objective of optimum utilization of the living resources in the exclusive
economic zone without prejudice to article 61.
2. The coastal State shall determine its
capacity to harvest the living resources of the exclusive economic zone. Where
the coastal State does not have the capacity to harvest the entire allowable
catch, it shall, through agreements or other arrangements and pursuant to the
terms, conditions, laws and regulations referred to in paragraph 4, give other
States access to the surplus of the allowable catch, having particular regard
to the provisions of articles 69 and 70, especially in relation to the developing
States mentioned therein.
3. In giving access to other States to its
exclusive economic zone under this article, the coastal State shall take into
account all relevant factors, including, inter alia, the significance of the
living resources of the area to the economy of the coastal State concerned and
its other national interests, the provisions of articles 69 and 70, the
requirements of developing States in the subregion or region in harvesting part
of the surplus and the need to minimize economic dislocation in States whose
nationals have habitually fished in the zone or which have made substantial
efforts in research and identification of stocks.
4. Nationals of other States fishing in the
exclusive economic zone shall comply with the conservation measures and with
the other terms and conditions established in the laws and regulations of the
coastal State. These laws and regulations shall be consistent with this
Convention and may relate, inter alia, to the following:
(a) licensing of fishermen, fishing vessels and
equipment, including payment of fees and other forms of remuneration, which, in
the case of developing coastal States, may consist of adequate compensation in
the field of financing, equipment and technology relating to the fishing
industry;
(b) determining the species which may be
caught, and fixing quotas of catch, whether in relation to particular stocks or
groups of stocks or catch per vessel over a period of time or to the catch by
nationals of any State during a specified period;
(c) regulating seasons and areas of fishing,
the types, sizes and amount of gear, and the types, sizes and number of fishing
vessels that may be used;
(d) fixing the age and size of fish and other
species that may be caught;
(e) specifying information required of fishing
vessels, including catch and effort statistics and vessel position reports;
(f) requiring, under the authorization and
control of the coastal State, the conduct of specified fisheries research
programmes and regulating the conduct of such research, including the sampling
of catches, disposition of samples and reporting of associated scientific data;
(g) the placing of observers or trainees on
board such vessels by the coastal State;
(h) the landing of all or any part of the catch
by such vessels in the ports of the coastal State;
(i) terms and conditions relating to joint
ventures or other cooperative arrangements;
(j) requirements for the training of personnel
and the transfer of fisheries technology, including enhancement of the coastal
State's capability of undertaking fisheries research;
(k) enforcement procedures.
5. Coastal States shall give due notice of
conservation and management laws and regulations.
X x x.”
Article73 (Enforcement of laws and regulations
of the coastal State), Part V, of UNCLOS provides, inter alia, that the coastal
State (Philippines) may, in the exercise of its sovereign rights to explore,
exploit, conserve and manage the living resources in the exclusive economic
zone, take such measures, including boarding, inspection, arrest and judicial
proceedings, as may be necessary to ensure compliance with the laws and
regulations adopted by it in conformity with this Convention. Thus:
“x x x.
1. The coastal State may, in the exercise of
its sovereign rights to explore, exploit, conserve and manage the living
resources in the exclusive economic zone, take such measures, including
boarding, inspection, arrest and judicial proceedings, as may be necessary to
ensure compliance with the laws and regulations adopted by it in conformity
with this Convention.
2. Arrested vessels and their crews shall be
promptly released upon the posting of reasonable bond or other security.
3. Coastal State penalties for violations of
fisheries laws and regulations in the exclusive economic zone may not include
imprisonment, in the absence of agreements to the contrary by the States
concerned, or any other form of corporal punishment.
4. In cases of arrest or detention of foreign
vessels the coastal State shall promptly notify the flag State, through
appropriate channels, of the action taken and of any penalties subsequently
imposed.
X x x.”
CONTINENTAL SHELF
Part VI of UNCLOS speaks of the rights of the
Philippines to its 200-nautical mile continental shelf.
Article76 (Definition of the continental shelf),
Part V of UNCLOS defines the continental shelf as follows:
“x x x.
1. The continental shelf of a coastal State
comprises the seabed and subsoil of the submarine areas that extend beyond its
territorial sea throughout the natural prolongation of its land territory to
the outer edge of the continental margin, or to a distance of 200 nautical
miles from the baselines from which the breadth of the territorial sea is
measured where the outer edge of the continental margin does not extend up to
that distance.
X x x.
3. The continental margin comprises the
submerged prolongation of the land mass of the coastal State, and consists of
the seabed and subsoil of the shelf, the slope and the rise. It does not
include the deep ocean floor with its oceanic ridges or the subsoil thereof.
X x x.
Article77 (Rights of the coastal State over the
continental shelf), Part V, of UNCLOS speaks of the rights of the coastal State
(Philippines) over its continental shelf, to wit:
“x x x.
1. The coastal State exercises over the
continental shelf sovereign rights for the purpose of exploring it and
exploiting its natural resources.
2. The rights referred to in paragraph 1 are
exclusive in the sense that if the coastal State does not explore the continental
shelf or exploit its natural resources, no one may undertake these activities
without the express consent of the coastal State.
3. The rights of the coastal State over the
continental shelf do not depend on occupation, effective or notional, or on any
express proclamation.
4. The natural resources referred to in this
Part consist of the mineral and other non-living resources of the seabed and
subsoil together with living organisms belonging to sedentary species, that is
to say, organisms which, at the harvestable stage, either are immobile on or
under the seabed or are unable to move except in constant physical contact with
the seabed or the subsoil.
X x x.”
CONSTITUTIONAL PROVISIONS ON NATIONAL ECONOMY
AND PATRIMONY
Article XII
of the 1987 Constitution refers to the “National Economy and Patrimony”.
Section 2, Article XII provides that all lands
of the public domain, waters, minerals, coal, petroleum, and other mineral
oils, all forces of potential energy, fisheries, forests or timber, wildlife,
flora and fauna, and other natural resources are owned by the State.
Further, it provides that:
(1)
With
the exception of agricultural lands, all other natural resources shall not be
alienated.
(2)
The
exploration, development, and utilization of natural resources shall be under
the full control and supervision of the State.
(3)
The
State may directly undertake such activities, or it may enter into
co-production, joint venture, or production-sharing agreements with Filipino
citizens, or corporations or associations at least sixty per centum of whose
capital is owned by such citizens.
(4)
Such
agreements may be for a period not exceeding twenty-five years, renewable for
not more than twenty-five years, and under such terms and conditions as may be
provided by law.
(5)
In
cases of water rights for irrigation, water supply, fisheries, or industrial
uses other than the development of water power, beneficial use may be the
measure and limit of the grant.
(6)
The
State shall protect the nation's marine wealth in its archipelagic waters,
territorial sea, and exclusive economic zone, and reserve its use and enjoyment
exclusively to Filipino citizens.
(7)
The
President may enter into agreements with foreign-owned corporations involving
either technical or financial assistance for large-scale exploration,
development, and utilization of minerals, petroleum, and other mineral oils
according to the general terms and conditions provided by law, based on real
contributions to the economic growth and general welfare of the country.
(8)
In
such agreements, the State shall promote the development and use of local
scientific and technical resources.
(9)
The
President shall notify the Congress of every contract entered into in
accordance with this provision, within thirty days from its execution.
Section 9, Article XII provides that the
Congress may establish an independent economic and planning agency (National
Economic and Development Authority) headed by the President, which shall, after
consultations with the appropriate public agencies, various public sectors, and
local government units, recommend to Congress, and implement continuing
integrated and coordinated programs and policies for national development.
Section 10, Article XII provides that the
Congress shall, upon recommendation of the economic and planning agency (NEDA),
when the national interest dictates, reserve to citizens of the Philippines or
to corporations or associations at least sixty per centum of whose capital is
owned by such citizens, or such higher percentage as Congress may prescribe,
certain areas of investments.
Further, it provides:
(1)
The
Congress shall enact measures that will encourage the formation and operation
of enterprises whose capital is wholly owned by Filipinos.
(2)
In
the grant of rights, privileges, and concessions covering the national economy
and patrimony, the State shall give preference to qualified Filipinos.
(3)
The
State shall regulate and exercise authority over foreign investments within its
national jurisdiction and in accordance with its national goals and priorities.
Section 11, Article XII provides that no
franchise, certificate, or any other form of authorization for the operation of
a public utility shall be granted except to citizens of the Philippines or to
corporations or associations organized under the laws of the Philippines at
least sixty per centum of whose capital is owned by such citizens, nor shall
such franchise, certificate, or authorization be exclusive in character or for
a longer period than fifty years. FURTHER:
(1)
Neither
shall any such franchise or right be granted except under the condition that it
shall be subject to amendment, alteration, or repeal by the Congress when the
common good so requires.
(2)
The
State shall encourage equity participation in public utilities by the general
public.
(3)
The
participation of foreign investors in the governing body of any public utility
enterprise shall be limited to their proportionate share in its capital, and
all the executive and managing officers of such corporation or association must
be citizens of the Philippines.
Section 22, Article XII provides that acts which
circumvent or negate any of the provisions of Article XII shall be considered
inimical to the national interest and subject to criminal and civil sanctions,
as may be provided by law.
PREAMBLE
The Preamble of the 1987 Constitution provides we
have adopted it to promote the common good, conserve and develop our patrimony,
and secure to ourselves and our posterity the blessings of independence and
democracy under the rule of law and a regime of truth, justice, freedom, love,
equality, and peace.
NATIONAL TERRITORY
Article I (National Territory) of the 1987
Constitution defines our national territory as comprising the Philippine
archipelago, with all the islands and waters embraced therein, and all other
territories over which the Philippines has sovereignty or jurisdiction,
consisting of its terrestrial, fluvial, and aerial domains, including its territorial
sea, the seabed, the subsoil, the insular shelves, and other submarine areas.
The waters around, between, and connecting the
islands of the archipelago, regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.”
PRINCIPLES AND STATE POLICIES
Article II of the 1987 Constitution refers to
the “Declaration of Principles and State Policies”.
Sec. 7, Article II provides that the State shall
pursue an independent foreign policy. In its relations with other states the
paramount consideration shall be national sovereignty, territorial integrity,
national interest, and the right to self-determination.
Section 19, Article II provides that the State
shall develop a self-reliant and independent national economy effectively
controlled by Filipinos.
IMPEACHMENT AND ACCOUNTABILITY
Article XI speaks of the provisions on “Accountability
of Public Officers” of the 1987 Constitution.
Section 1, Article XI provides that public
office is a public trust. Public officers and employees must at all times be
accountable to the people, serve them with utmost responsibility, integrity,
loyalty, and efficiency, act with patriotism and justice, and lead modest
lives.
Section 2, Article XI provides that the
President, Vice-President, the Members of the Supreme Court, the Members of the
Constitutional Commissions, and the Ombudsman may be removed from office, on IMPEACHMENT
for, and conviction of, culpable violation of the Constitution, treason,
bribery, graft and corruption, other high crimes, or betrayal of public trust.
The impeachment procedures are provided in
Section 3, Article XI:
“(1) The House of Representatives
shall have the exclusive power to initiate all cases of impeachment.
(2) A verified complaint
may be filed by any Member of the House of Representatives or by any citizen
upon a resolution of endorsement by any Member thereof, which shall be included
in the Order of Business within ten session days, and referred to the proper
Committee within three session days thereafter. The Committee, after hearing,
and by a majority vote of all its Members, shall submit its report to the House
within sixty session days from such referral, together with the corresponding
resolution. The resolution shall be calendared for consideration by the House
within ten session days from receipt thereof.
(3) A vote of at least
one-third of all the Members of the House shall be necessary either to affirm a
favorable resolution with the Articles of Impeachment of the Committee, or
override its contrary resolution. The vote of each Member shall be recorded.
(4) In case the verified
complaint or resolution of impeachment is filed by at least one-third of all
the Members of the House, the same shall constitute the Articles of
Impeachment, and trial by the Senate shall forthwith proceed.
(5) No impeachment
proceedings shall be initiated against the same official more than once within
a period of one year.
(6) The Senate shall
have the sole power to try and decide all cases of impeachment. When sitting
for that purpose, the Senators shall be on oath or affirmation. When the
President of the Philippines is on trial, the Chief Justice of the Supreme
Court shall preside, but shall not vote. No person shall be convicted without
the concurrence of two-thirds of all the Members of the Senate.
(7) Judgment in cases of
impeachment shall not extend further than removal from office and disqualification
to hold any office under the Republic of the Philippines, but the party
convicted shall nevertheless be liable and subject to prosecution, trial, and
punishment according to law.
(8) The Congress shall
promulgate its rules on impeachment to effectively carry out the purpose of
this section.”
OMBUDSMAN
Section 5, Article XI creates the independent
Office of the Ombudsman, composed of the Ombudsman to be known as Tanodbayan,
one overall Deputy, and at least one Deputy each for Luzon, Visayas, and
Mindanao. A separate Deputy for the military establishment may likewise be
appointed.
Section 12, Article XI provides that the
Ombudsman and his Deputies, as protectors of the people, shall act promptly on
complaints filed in any form or manner against public officials or employees of
the Government, or any agency, subdivision or instrumentality thereof,
including government-owned or controlled corporations, and shall, in
appropriate cases, notify the complainants of the actions taken and the result
thereof.
Section 13, Article XI provides for the powers
of the Ombudsman:
The Office of the Ombudsman shall have the
following powers, functions, and duties:
“(1) Investigate on its
own, or on complaint by any person, any act or omission of any public official,
employee, office or agency, when such act or omission appears to be illegal,
unjust, improper, or inefficient.
(2) Direct, upon
complaint or at its own instance, any public official or employee of the
Government, or any subdivision, agency or instrumentality thereof, as well as
of any government-owned or controlled corporation with original charter, to
perform and expedite any act or duty required by law, or to stop, prevent, and
correct any abuse or impropriety in the performance of duties.
(3) Direct the officer
concerned to take appropriate action against a public official or employee at
fault, and recommend his removal, suspension, demotion, fine, censure, or
prosecution, and ensure compliance therewith.
(4) Direct the officer
concerned, in any appropriate case, and subject to such limitations as may be
provided by law, to furnish it with copies of documents relating to contracts
and transactions entered into by his office involving the disbursement or use
of public funds or properties, and report any irregularity to the Commission on
Audit for appropriate action.
(5) Request any
government agency for assistance and information necessary in the discharge of
its responsibilities, and to examine, if necessary, pertinent records and
documents.
(6) Publicize matters
covered by its investigation when circumstances so warrant and with due
prudence.
(7) Determine the causes
of inefficiency, red tape, mismanagement, fraud, and corruption in the
Government and make recommendations for their elimination and the observance of
high standards of ethics and efficiency.
(8) Promulgate its rules
and procedure and exercise such other powers or perform such functions or
duties as may be provided by law.”
POSSIBLE IMPEACHABLE ACTS OF PRESIDENT-ELECT
RODRIGO DUTERTE IN RELATION TO THE MARITIME ENTITLEMENTS AND NATIONAL PATRIMONY
OF THE PHILIPPINES LOCATED WITHIN ITS EXCLUSIVE ECONOMIC ZONE (EEZ) AND
CONTINENTAL SHELF (CS) IN THE WEST PHILIPPINE SEA/SOUTH CHINA SEA.
Past campaign speeches and interviews of presidential-elect
Rodrigo Duterte in relation to the pending UNCLOS arbitration case filed by the
Philippines against China are unclear, vague, evasive, and inconsistent,
showing (a) his ignorance of the provisions of UNCLOS and the legal theory
alleged in the pending UNCLOS arbitral petition of the Philippines; (b) his
desire not to antagonize China during the campaign period for mysterious reasons
known only to himself; and (c) his manipulative political tactic to secure the
votes of all sectors of Philippines society.
In the pending UCNLOS arbitral case of the
Philippines, we assert our rights to a 200-nautical mile EEZ and CS and other
maritime entitlements due to our country within the West Philippine Sea as
expressly provided by UNCLOS.
The 9-Dash Line Ownership Theory of China claims
almost the whole of the South China Sea.
It covers the EEZ and CS of the Philippines.
China’s claim is not recognized by the whole world.
There is no past or present international judgment that affirms China’s 9-Dash Ownership
Theory, whether expressly or impliedly.
Meanwhile, China militarizes the contested
maritime area by building new islands and military bases, ports and airports in
the contested area and installing military equipment, weapons and personnel
therein.
The United States, Japan, Australia, India and
other US allies assert the FREEDOM OF NAVIGATION of the whole world in the South
China Sea by sending regular freedom-of-navigation naval and air assets in the
area.
They do not recognize China’s Air Defense Identification
Zone in the area.
More than five-trillion-dollars-worth of world goods
travels yearly through the South China Sea.
The Philippines and the USA are bound to defend
each other by virtue of a post-World War II Mutual Defense Treaty.
During the visit last year of US Pres. Barak
Obama to the Philippines, he expressly affirmed that the military defense alliance
between the Philippines and USA was iron-clad.
Duterte made the following statements during his
campaign:
1. He will “cooperate” and “be
friendly” with China.
2. He might withdraw the
Philippine UNCLOS arbitral case against China in exchange for Chinese
investments, e.g., railways for Mindanao and Bicol.
3. Like Vice President Jojo
Binay, Duterte might explore “joint ventures/partnerships” with China (which do
international business through its state corporations) to “jointly develop and
exploit” the rich marine resources and minerals “within the West Philippines
Sea (within the 200-nautical mile Philippine EEZ and CS).”
During the campaign, news reports revealed that
Duterte secretly met with Chinese diplomats in Cebu City.
He did not volunteer any information to the mass
media about the topics and agreements discuss and reached during the secret meetings.
In many public interviews Duterte declared that,
if elected, he would be the “first leftist or socialist president of the Philippines.”
A modern leftist or socialist or communist follows
the “Marx-Lenin-Mao Tse Tung Thought.”
He promised to coalesce and share political
power with the Communist Party of the Philippines (CPP)-New People’s Army (NPA)-National
Democratic Front (NDF) by appointing their leaders to major slots in his
Cabinet, e.g., Department of Labor and Employment (DOLE), Department of
Environment and Natural Resources (DENR), and Department of Agrarian Reform
(DAR), and others.
As earlier stated, Article XII (National Economy
and Patrimony) of the 1987 of the Constitution provides:
(1)
that
the exploration, development, and utilization of natural resources shall be
under the “full control and supervision of the State”;
(2)
that
the State may directly undertake such activities, or it may enter into “co-production,
joint venture, or production-sharing agreements with Filipino citizens, or
corporations or associations at least sixty per centum of whose capital is
owned by such citizens”;
(3)
that
such agreements may be for a period not exceeding twenty-five years, renewable
for not more than twenty-five years, and under such terms and conditions as may
be provided by law;
(4)
that
the State shall protect the nation's marine wealth in its archipelagic waters,
territorial sea, and exclusive economic zone, and “reserve its use and
enjoyment exclusively to Filipino citizens”;
(5)
that the President may enter into
agreements with foreign-owned corporations involving either “technical or
financial assistance” for large-scale exploration, development, and utilization
of minerals, petroleum, and other mineral oils “according to the general terms
and conditions provided by law, based on real contributions to the economic
growth and general welfare of the country”; and
(6)
that
the President shall “notify the Congress” of every contract entered into in
accordance with this provision, within thirty days from its execution.
Further Article XII provides:
(1)
that no franchise, certificate, or any
other form of authorization for the operation of a public utility shall be
granted except to citizens of the Philippines or to corporations or
associations organized under the laws of the Philippines “at least sixty per
centum of whose capital is owned by such citizens”, nor shall such franchise,
certificate, or authorization be exclusive in character or for a longer period
than fifty years;
(2)
that
neither shall any such franchise or right be granted except under the condition
that it shall be “subject to amendment, alteration, or repeal by the Congress
when the common good so requires”;
(3)
that
the State shall encourage equity participation in public utilities by the
general public; and
(4)
that
the participation of foreign investors in the governing body of any public
utility enterprise shall be limited to their proportionate share in its
capital, and all the executive and managing officers of such corporation or
association must be citizens of the Philippines.
Article XII further provides that acts which
circumvent or negate any of the provisions thereof shall be considered “inimical
to the national interest and subject to criminal and civil sanctions, as may be
provided by law.”
A
violation by Duterte of the foregoing constitutional provisions, simply to
please China, would constitute impeachable offenses.
As earlier stated, Article XI of the 1987
Constitution provides that public office is a public trust. Public officers and
employees must at all times be accountable to the people, serve them with
utmost responsibility, integrity, loyalty, and efficiency, act with patriotism
and justice, and lead modest lives.
The same Article XI provides that the President,
Vice-President, the Members of the Supreme Court, the Members of the
Constitutional Commissions, and the Ombudsman may be removed from office, on IMPEACHMENT
for, and conviction of, “culpable violation of the Constitution, treason,
bribery, graft and corruption, other high crimes, or betrayal of public trust.”
During the campaign, Duterte bragged that if
Congress attempts to impeach him, he will declare a REVOLUTIONARY GOVERNEMNT
and abolish Congress.
Duterte’s anti-Constitutionalism braggadocio
exposes his real character.
If Duterte persists with his unconstitutional plans,
he would face any or all of the following painful scenarios:
(1)
Coup
d’etat;
(2)
Civil
War;
(3)
Edsa
Revolution;
(4)
Assassination.
In any of the abovementioned scenarios, the
Filipino people would be the first victims because the end results thereof
would be capital flight, recession, skyrocketing interest rates, shortage of
food, water, medicine, energy, and other basic necessities, increased poverty
and criminality, and the like.
