Allowing Chinese fishermen to trawl in WPS unconstitutional — Carpio

Senior Associate Justice Antonio Carpio on Tuesday said that allowing the Chinese nationals to fish in the country's Exclusive Economic Zone (EEZ) is unconstitutional.

"The Constitution mandates, 'The State shall protect the nation's marine wealth in its exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens,'" Carpio said in a statement.

"This means that the Philippine Government cannot allow the Chinese fishermen to fish in our EEZ in the West Philippine Sea," he added as he underscored that the "use and enjoyment" of marine products in the area shall be reserved exclusively to Filipinos.

Further, he said that the President should be at the forefront of protecting the exclusivity of the nation's marine resources as this executive position is mandated by the law to "direct the Armed Forces to protect the nation's marine wealth in its exclusive economic zone."

He also pointed out the ruling of the arbitral tribunal at The Hague which states that the Philippines has jurisdiction over its EEZ in the West Philippine Sea including the Recto Bank (also known as the Reed Bank).

Moreover, Carpio said the sovereign right of the Filipinos cannot be simply taken away.

"This sovereign right belongs to the Filipino people, and no government official can waive this sovereign right of the Filipino people without their consent," he added.

The statement came on the heels of President Rodrigo Duterte's recent remark that the Chinese fishermen will continue to fish even in parts of the South China Sea which fall under the Philippines' EEZ in the name of supposed friendship with China. — BAP, GMA News