Last Wednesday, President Aquino sent as his personal representative Amadeo R. Perez, chairman of the Manila Economic and Cultural Office “to convey his and the Filipino people’s deep regret and apology to the family of Mr. Hung Shi-chen as well as to the people of Taiwan over the unfortunate and unintended loss of life.”
Taiwan Foreign Minister David Lin refused to meet Perez, who was just received by Foreign Affairs Director-General Benjamin Ho.
By Harry L. Roque, Jr.
Chair, Center for International Law
The recent shooting by the Philippine Coast guard of a lone Taiwanese fisherman illustrates the kind of governmental response that we Filipinos deserve when we ourselves fall victims to an internationally wrongful act. Under international law, there is state responsibility for an internationally wrongful act where there is a breach of international law and when the breach is attributable to the state. Here, it appears that because the killing was because of a shot fired by a state organ, a member of the Philippine Coast Guard, that the killing may be attributed to the Philippines government. Acts of state organs, no matter how lowly their ranks, and even if they are ultra vires, are always attributed to a state.
Furthermore, there too appears to be a breach of international law since the UN Convention of the Law of the Sea prohibits the use of unnecessary use of force in dealing with illegal fishermen. In fact, the UNCLOS provides that fishermen caught illegally fishing in a states exclusive economic zone should not even be detained or charged criminally The only leeway granted to a party state is to apprehend the vessel which, in turn, must be immediately release upon posting of bond.
The lesson learned is how our own government should espouse the claim of its national, even if there is only one solitary victim. Not only did the highest echelon of the Taiwanese government demand for an apology, it also demanded compensation and even threatened the Philippines with both military and economic reprisals, even if both are prohibited by international law. This is in stark contrast with the current practice of the Philippine government. Only recently, 200 of our nationals became sitting ducks to Malaysia’s illegal resort to excessive force. Our response was to threaten our nationals with domestic prosecution.
Three days before the Philippine Archipelagic Baselines Law ( Republic Act No. 9522 ) was signed last Wednesday, the United States protested “harrasment” by Chinese vessels of their mapping ship in international waters off China which once again underscores the volatility of the South China Sea.
Immediately after Malacañang announced the signing of the baseline law, China protested the inclusion of islands in the Spratlys and Scarborough shoal in Philippine territory as “regime of islands” even as Sen. Antonio Trillanes IV, who was the first one to file a baseline bill, accuses the Arroyo administation of “selling out” to the Chinese.
Trillanes insists that Scarborough shoal, off Zambales, should be within the country’s archipelagic baseline. By excluding the area, which was the scene of Philippine Navy skirmishes with Chinese forces in 1999, from the baseline, the country lost some 15,000 square nautical miles of Philippine territory.
Click here for Inquirer story on filing of impeachment complaint.
When it was announced last Friday that concerned citizens will try once again , for the fourth time, to file an impeachment complaint against Gloria Arroyo, the immediate reactions I heard were, “ “Why try again? It won’t prosper anyway.”
My answer is, Gloria Arroyo should be impeached because she has committed impeachable crimes. That’s the plain and simple reason.
What are those impeachable crimes that Arroyo committed? Culpable violation of the Constitution, betrayal of public trust, graft and corruption, just to name a few.
Noong una nainggit ako mga taga-Thailand na napa-talsik nila ang kanilang bagong prime minister na si Samak Sundaravej na ang kasalanan lamang ay tumanggap siya ng bayad sa kanyang televised cooking show habang siya’y prime minister.
Sinabi ng Constitutional Court ng Thailand na lumabag si Samak ng batas na nagbabawal sa mga opisyal ng pamahalaan na tumanggap ng pera sa pribadong kumpanya. Wow! Ganoon sila ka istrikto.
Kung dito sa Pilipinas yan baka wala ni isang opisyal ang matira sa gobyerno.
Si Justice Jose Sabio Jr. umamin na tumanggap ng P300,000 kay Francis de Borja bilang pasalamat sa isang kasong nadesisyunan niya pabor sa pamilya ni de Borja, hindi tinangal.
Under the topic, “Ermita’s Sabah memo”, one of our regulars here, Sulbatz, recalled the story of the Maldanas incident which happened on Sept 26, 1985. I tried to google the Maldanas incident but I only found one line in http://www.usssatyr.com/now.htm
I found two items in yahoo.com. One was a 1994 Inquirer article after the Abu Sayyaf first made its existence public in the Ipil massacre. The article stressed the sensitivity of the Maldanas incident. “Ramos warned against issuing statements blaming the Lahad Datu- Maldanas (Siluag) incident on the Malaysian Armed Forces. Without high-level diplomatic talks on the incident, it could have become a full-blown conflict.” (http://www.nisat.org/blackmarket/asia/Southeast_Asia/Philippines/94.07.31-Abu%20Sayyaf%20Weapons%20Capabilities-%20Foreign%20Supporters%20Listed.html)
The other item is a comment in http://timawa.net/forum/index.php?topic=9598.0. It said “On Sept 26, 1985, 4 foreign gunboats and 3 helicopters attacked the Maldanas islet in Sibutu islands. Initially, Malaysia was blamed it being suggested the attack was in retaliation for a Moro pirate raid on Lahad Datu in Sabah. The Malaysians protested their innocence and subsequently it was felt that the raid came from Vietnam or China in an attempt to spoil relations between the 2 countries.” ( source : Air Wars and Aircraft, 1990)”
I’m glad that Sulbatz shared with us this inside story from an officer’s first hand account:
When Gloria Arroyo’s “special envoys” to Malaysia, minus National Security Adviser Norberto Gonzales, met with Prime Minister Abdullah Badawi in Kuala Lumpur yesterday, did they also discuss Sabah?
I’m curious because last Aug. 20, two weeks after the aborted signing of the Malaysian-brokered Memorandum of Agreement on Ancestral Domain between the Philippine government and the Moro Islamic Liberation Front, Executive Secretary Eduardo Ermita issued Memorandum Circular 612 titled “Guidelines on Matters Pertaining to North Borneo (Sabah)”
The memo gives four instructions:
by Evangeline de Vera
Malaya
The Supreme Court yesterday dismissed Court of Appeals Justice Vicente Roxas and suspended Justice Jose Sabio Jr. for impropriety and irregularities in handling the Meralco board elections case, upon the recommendation of the three-man panel created by the tribunal.
In a 58-page per curiam decision, which takes effect immediately, the SC upheld the panel’s report finding Roxas guilty of multiple violations of the canons of the Code of Judicial Conduct, grave misconduct, dishonesty, undue interest and conduct prejudicial to the best interest of the service.
The Court also voted to forfeit all of Roxas’ benefits, except accrued leave credits if any, with prejudice to his re-employment in any branch or service of the government including government-owned and controlled corporations.
Noong nakaraang senatorial campaign, tinanong ko kay Mike Defensor, kandidato para senador ng Team Unity ng administrasyong Arroyo kung bakit nila ginuguyo si Manny Pacquiao pumasok sa politika samantalang alam naman nilang walang alam sa pagpatakbo ng isang organisasyon.
Hindi pa noon nakadesisyon si Pacquiao kung siya ay tatakbo na vice mayor ni Ali Atienza sa Manila o congressman sa first district ng South Cotabato laban sa incumbent na si Darlene Custodio. Alam na natin ang nangyari, hindi siya qualified sa Manila dahil hindi siya nakapag-establish ng kinakailangang panahon ng paninirahan kaya sa South Cotabato na lang. Na-knock out siya ni Darlene.
Balik tayo sa pag-uusap namin ni Defensor.
In her fake presidency, Gloria Arroyo has every right to appoint anybody- scoundrels and losers -in her cabinet.
If she thinks Chavit Singson, will help her stay in power, let her be. After all, if not for Singson, she would not be in Malacañang today.
In fact, she should not stop at Singson. When Joc-joc Bolante comes back, she should appoint him agriculture secretary so he could go back to his familiar ground and continue what he does best – diversion of funds for farmers to her campaign kitty. That way, he could invoke the all- season weapon against truth – executive privilege.