Duterte should retract 'dangerous' statements on West Philippine Sea —Carpio

Retired Supreme Court Justice Antonio Carpio on Monday asked the Filipino people to call on President Rodrigo Duterte to retract his “dangerous” statements on the West Philippine Sea issue.

Speaking to ANC, Carpio said Duterte’s statement that the arbitral ruling in favor of the Philippines is a scrap of paper meant to be thrown in the wastebasket could jeopardize the country’s interests.

“The head of state, the President, or even the foreign minister can bind the country with his pronouncements and if these pronouncements are adverse, admissions against interest, this will bind the country if accepted by the other party. And that’s why it’s very dangerous,” he said.

Carpio also took exception to Duterte’s repeated claim that China is in possession of the West Philippine Sea, a portion of the South China Sea. Beijing is claiming almost the entire South China Sea.

“Legally China is not in possession. And if he says that, what happens to our fishermen, what happens to the service contractors? They will not get the gas,” he said, adding Duterte must also stop Chinese nationals from fishing in the West Philippine Sea.

In a separate statement, Carpio said the Permanent Court of Arbitration did not rule on sovereignty issues because the United Nations Convention on the Law of the Sea (UNCLOS) governs only maritime rights, meaning the right to exploit the living and non-living resources in the waters, seabed and subsoil beyond the territorial seas.

The 2016 ruling upheld the Philippines’ sovereign rights in the West Philippine Sea and invalidated China’s sweeping maritime claims based on its "nine-dash line."

"The Filipino people must demand that President Duterte retract all these statements. He must retract. All of us must come out with manifestos, position papers; all organizations, all schools must come out with resolutions," he said.

Carpio said he believes that Duterte’s statements could be considered betrayal of public trust, which is an impeachable offense. However, the retired justice admitted that impeaching a president who enjoys majority support in Congress will be an exercise in futility.

“He has the majority, so it will never prosper. So, that’s a problem because there is a failure in the checking mechanism. Congress should check the President but Congress is not doing its job,” Carpio said.

Asked why Duterte gives pronouncements contrary to the strong statements issued by some Cabinet members like Foreign Affairs Secretary Teodoro Locsin Jr., Carpio replied, “I think he honestly believes that China is in possession.”

Carpio also pointed to Duterte’s 2018 statement that Chinese President Xi Jinping had promised to protect him from any ouster attempts.

"I think that is what’s behind his mind, that President Xi Jinping is his personal protector against his own military if there is a coup d’etat, so he will side, whenever possible, with China against the Philippine interest and we see that everyday," he said.

Duterte recently backed out from his challenge to debate with Carpio about the issues surrounding the West Philippine upon the advice of some Cabinet members wary of possible implications of his statements on government policies. The Cabinet members also said nothing good would come out of a Duterte-Carpio debate.

The President endorsed his spokesman Harry Roque to debate with Carpio instead. The Philippine Bar Association had offered to host the debate.

“I was looking forward to a debate with him, because this is the best opportunity to explain the issue to the public,” Carpio said.  “I’m sad that he withdrew but that’s his privilege.” —KBK, GMA News