04 JULY 2019

Thursday, 4 July 2019
Daily Tribune
“Under
international
law the
Philippines
has
jurisdiction
through
sovereign
rights over
its EEZ.
Cutting the chase, passionate arguments
on what needs to be done in the West Philippine
Sea (WPS) is also about how our
officials, including Mr. Duterte, see their
constitutional duties.
And how these men and women see their
constitutional duties is influenced by two
conflicting and bleak versions of what the
future holds.
With these two assumptions at hand, it is
easy to see why Mr. Duterte’s inordinate fears
of an immediate future of violent war, should
we insist on calling out China’s sweeping
claims over fish resources at the WPS, led
him to clarify his constitutional duties.
At the same time, it is also easy to see
why Mr. Duterte’s avowed critics claim Mr.
Duterte’s war fears is also clouding the
same future Mr. Duterte is trying to secure.
Critics insist war fears cannot excuse anyone
shirking from the constitutional duty of
protecting the marine wealth of the WPS as
this will mean an insecure future where or
children will not be eating the same fishes
we are eating now.
Nevertheless, this conflicted future scenarios
of war or of our children running
of fishes to eat, should cue us on how we
navigate all the recent hard choices on the
WPS thrown before us.
At any rate, my way, at the moment, at
trying to take stock of the issues centers on
food, the fate of fishes and other aquatic
creatures in the WPS particularly. Other
concerns, like whether the WPS has oil or
gas resources is as yet of no immediate
importance for me.
Concern over fishes also makes me cleareyed,
allowing me to wipe off tears brought
Conflicted choices
by unbridled laughter over Senate President
Vicente Sotto III’s recent gaff over whether
the fishes at Recto Bank are Chinese or not.
A clear-eyed rebuttal of Mr. Sotto need not
go to the extremes of biology, habitats and
provisions of the United Nations Convention
on the Law of the Sea. It is enough to point
out that nowadays there are hardly any more
fishes originating from China.
To make myself clear, fisheries experts tell
us Chinese fishermen have practically emptied
China’s coastal waters that they have had to
venture far out into other seas, even going far
as Africa.
Given that turn in their own seas, China
more likely than not has had no other choice
but to flex its military muscle in order to allow
its fishermen to freely roam and poach other
seas, including our fish-rich WPS.
Obviously, in face of the ambiguity of what
China will do militarily if we did go after their
poaching fishermen, Mr. Duterte has allowed
Chinese fishermen into the WPS, the waters
of which is part and parcel of our exclusive
economic zone (EEZ).
For now, many will see nothing wrong with
such generosity as there are evidently too many
fishes to go around for all. But, in the future,
such generosity might be a folly since sooner
or later we will run out of fishes if we become
too generous to foreigners.
Running out of fishes, in fact, is exactly the
reason for the EEZ provision in the Constitution,
argues Supreme Court Associate Justice
Antonio Carpio. The provision is meant to
prevent the unabated pillage of our natural
resources by foreigners so that future generations
of Filipinos can also benefit.
The same provision on marine resources
On his first week, Manila Mayor Isko Moreno was off and running, starting out with a tough stance
against rot and garbage.
He ordered the clearing of Manila streets, focusing on notorious eyesores like the roads in Divisoria.
He signed his first executive order, imposing transparency in transactions and activities in all local
government agencies.
During election season, the 44-year-old former actor was up and about, visiting as
“Right now
he has the
energy to fight
corruption,
just like a
few of the
new breed of
young leaders
today who
seem really
fired up to do
their part.
many areas of Manila as he could and seeing all the things that he wanted to change.
He was very open about his intention to clean up the capital, calling it dirty — in
more ways than one.
After all, he said he had seen such kabulukan (rot) when he was vice mayor of
the city in the past. He knew of goings-on that he believed only needed a firm hand
and eyes wide open for it to be dealt with once and for all.
A certain group, he disclosed, had sent out feelers and hints that he could get P5
million A DAY if he just leaves the illegal
vendors alone in Divisoria.
One thinks, P5 million is probably
more than enough to feed so many
homeless and hungry in A MONTH.
And then one’s thoughts runs to
the fact that if this group can afford
to pay the mayor that much per day,
how much are they making to feel comfortable about giving
away P150 million a month?
And that is just one transaction — one that affects an
ongoing problem in the city that could be ignored for years
once more because of bribery.
What about many other aspects or running the city?
Are there also “groups” hanging around, hinting at paying
off a public official’s silence on the illegality or a public
official’s favor in granting those “groups” the permission
to “serve” the people?
In the case of the city of Manila, a mystery is at hand.
Former Mayor Erap Estrada announced after the
elections that he was leaving city hall with P14 billion in
funds after paying off the previous administration’s P4.4-
billion debt.
However, when Mayor Isko stepped into city hall to begin
his term, he found that the city still had debts to the tune
of P5 billion at least.
What happened?
Apparently, as he told a columnist recently, payments had
been hurriedly made to the city’s suppliers and contractors
in the interim of Isko’s term and Erap’s exit. The amount
mentioned reached almost P3 billion.
The young mayor, during the campaign period, was
gung-ho about his intention to cleanse Manila — again, in
more ways than one.
He said negligence had led to this, and that it’s people
around the leadership that keeps the system rotting.
Right now he has the energy to fight corruption, just like
a few of the new breed of young leaders today who seem
really fired up to do their part.
They are not alone in this crusade. Corruption’
claws are so deep into the system that even President
Rodrigo Duterte had lately been expressing his
frustration.
Many times he had fumed about it, and in recent news
he declared his regret at ever running for the presidency.
He said he had fired so many friends already due
explains why there is so much
ado about whether Mr. Duterte
violated or not the Constitution
he has sworn to uphold — hence,
the threats of impeachment.
The key provision here is
Section 2, Article XII and it
states “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.”
Mr. Duterte, however,
“Critics insist
war fears
cannot excuse
anyone shirking
from the
constitutional
duty of
protecting the
marine wealth
of the WPS as
this will mean
an insecure
future where
or children will
not be eating
the same fishes
we are eating
now.
describes the exclusivity
provision in the Constitution
as “thoughtless and
senseless.’’ Mr. Duterte
anchors his objections on
the argument “no country
in the world has sovereignty
over its exclusive
economic zone.”
His critics say Mr.
Duterte has a point. In
an interview, arch critic
Carpio explains that
“under international law,
the Philippines has sovereignty
over its territorial
sea (12 nautical miles),
and jurisdiction over its
EEZ (beyond 12 nautical
miles up to 200 nautical
miles). International law
does not recognize sovereignty beyond the
12-nautical mile territorial sea.”
However, it is also clear that under international
law the Philippines has jurisdiction
How long will they last?
OUT AND ABOUT
Nick V. Quijano Jr.
COMMENTARY
A5
through sovereign rights over its
EEZ. And this is the sticking point,
critics say, because any failure to
protect the country’s sovereign
rights in the WPS violates the
Constitution.
Insofar as what sovereignty and
sovereign rights mean is difficult
for most of us to untangle. For our
purposes, perhaps it is better to
look at it politically and militarily.
By doubting sovereignty over the WPS, Mr.
Duterte is obviously bringing up the question
of force. It is obvious Mr. Duterte will militarily
defend areas only where the country has clear
sovereignty, in this case all territorial seas
that are 12 nautical miles from the country’s
landmasses.
As for our sovereign rights in the WPS, Mr.
Duterte doubts gravely if we can forcefully
assert our legal jurisdiction there. For him,
using force to assert jurisdiction will lead
to one tragic conclusion: badly losing a war
with China.
Critics, on the other hand, repeatedly insist
war isn’t the only way as there are other means
besides force. Silence, critics say, is contemptible.
We must still forcefully impress, through
peaceful means, upon China we are standing
up for our rights on what is plainly ours, in
spite of the odds.
We must stand up because, as Carpio pointedly
says, failing “to protect our territorial
integrity in the WPS and lose it to China, we
will lose our EEZ in the WPS forever.’’ And
that sadly means we aren’t giving any future
to our children.
Email: nevqjr@yahoo.com.ph
to corruption. The President even told a news source that it made him lose the
enthusiasm to work.
“Even if you give me five terms and the system remains, and the practice of
corruption which is already embedded in all of the government structures, every
table there, basta dadaan ang papel, mayroon talagang kalokohan (when papers
pass through it, there is likely something going on),” he said in a report recently.
One only has to look at the product of public officials’ work to know if corruption
had tainted it, especially in major cities with supposedly enough funds to nurture
and develop them.
A public official must resist all temptation, sidestep all rot, and roll with the
punches which will surely come, if he or she hopes to make a real difference.
Truly it will take an iron stomach, a spine of steel, for these people to withstand
the oncoming deluge.
“When Mayor
Isko stepped
into city hall
to begin his
term, he found
that the city
still had debts
to the tune of
P5 billion at
least.
“Governance
simply refers
to the process
of decision
-making and
the process by
which such
decision is
implemented,
or not.
In this century, more and
more leaders seem to forget
their primary mandate is to
improve the condition of their
constituents. This is true of
the Philippines and of other
countries as well. We are
constantly bombarded with
news reports of officials raiding
public coffers to line their own
pockets or indulge in extravagant
lifestyles, using public office
to amass wealth or promote
self-interests. The self-aggrandizement
continues unabated, amid the downward
spiraling of the rest of the population, into
squalor and poverty.
We Filipinos are well aware of our
officials’ susceptibility to graft and
corruption. Look at all the laws enacted to
rid us of these blights on our democracy.
Still we persist in choosing leaders who fail
Private wealth amid public squalor
MOORINGS
Salma Pir T. Rasul
to address the grievances of the
majority and reprehensibly violate
the public’s trust.
In every election cycle, it
becomes de rigueur to take
potshots at the sitting government.
Every person has an opinion on
what is wrong with government.
Candidates swear by reformist
agendas to cure the perceived
ills of the current administration.
Whether the elections usher in the
replacement or the continuation
of the old, the administration in either case
usually initiates remedial measures to build
the confidence and win the trust of the
public. Yet, the Filipino public continue to be
disappointed with government’s inability to
implement the promised reforms.
Governance simply refers to the process of
decision-making and the process by which such
decision is implemented, or not implemented
— in essence, the power to address public
issues. Political scientists assert that the
power is not solely held by the ruler, but
shared with its public, with power dynamics
defined by the public’s participation and
consent.
For a model governance
system, the UN Economic
and Social Commission for
Asia and the Pacific points
to eight characteristics. “It
is participatory, consensus
oriented, accountable,
transparent, responsive,
effective and efficient,
“Look at
all the laws
enacted to rid
us of these
blights on our
democracy.
equitable and inclusive and follows the rule
of law.” More importantly, “it assures that
corruption is minimized, the views of minorities
are taken into account and that the voices of the
most vulnerable in society are heard in decisionmaking.”
And lastly, “it is also responsive to the
present and future needs of society.”
Alas, the UN has found that “very few
countries and societies have come close to
achieving good governance in its totality. “
Researches and studies have been
undertaken to develop and set parameters
to gauge the performance of government.
Sadly, Filipinos have grown cynical over
government’s commitment and resolve to
apply such parameters to ascertain efficacy
and effectiveness of its administration.
There have been various attempts to
embed the ideal governance standards in
the Philippines. The objective is even more
compelling, with the close link between
good governance and poverty reduction, a
priority issue of majority of the governed.
Commitment to these standards should
dictate our choice of leaders. Otherwise, our
country’s governance will be characterized
by private affluence of the ruling elites
amid fetid squalor and growing poverty of
the public.