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NewsTranscript
00:00 We will now talk about the gentleman's agreement between former President Rodrigo Duterte and Chinese President Xi Jinping.
00:06 We will now listen to retired Supreme Court Senior Associate Justice Antonio Carpio. Good morning Justice Carpio.
00:13 Good morning A.G. Good morning to our listeners.
00:17 Former President Duterte did everything he did when he was president to maintain peace in the South China Sea.
00:25 Justice, what is your assessment of his statement?
00:34 His so-called gentleman's agreement, we are against it.
00:43 He agreed that we will send water and food to Sierra Madre.
00:52 There will be no construction material and no repair materials.
00:55 If that happens, Sierra Madre will sink because it is already flooded.
01:00 It needs constant repair.
01:03 If it sinks, we will lose our presence.
01:06 We will lose our outposts. China will enter.
01:10 Chinese fishermen will go there and destroy the corals.
01:16 They will destroy the giant clams under the corals.
01:21 We will be lost there. We will be left behind.
01:25 He entered into the gentleman's agreement that the Arbitral Award has already been issued.
01:31 The Arbitral Award said that the inshore is ours.
01:35 That's part of our exclusive economic zone.
01:38 We are the only ones who can build structures there.
01:41 We are the only ones who can get natural resources like fish, oil and gas.
01:46 We are really left behind.
01:50 But before this, the premise of Secretary Harry Roque is to maintain peace.
01:57 That's why we are being bombed and harassed because we violated the gentleman's agreement.
02:04 Is this not acceptable to the current administration?
02:09 The gentleman's agreement is currently... because in 2002, there was a declaration of conduct by ASEAN and China.
02:21 It stated, do not occupy unoccupied features.
02:27 In other words, if you have an outpost, you can stay there and maintain, repair your outposts.
02:36 But you cannot occupy unoccupied features.
02:40 We were there in 1999 before the declaration of conduct.
02:47 Under the declaration of conduct, we have a right to be there because it's included in the agreement.
02:54 Now, two weeks after Duterte assumed office in 2016, the Arbitral Award was issued.
03:03 It stated in the Arbitral Award that the inshore is part of the exclusive economic zone of the Philippines.
03:11 If it's our exclusive economic zone, we are the only ones who can build structures.
03:15 There are two legal documents that state that we are the only ones who can build structures there.
03:22 Why did he give us the right to occupy?
03:26 Because if you say you won't repair, you will lose your outpost.
03:30 Under the declaration of conduct, it stated that if you occupy it, as of 2002, you can continue, even repair it to maintain your presence.
03:41 That's why we are against it. It's against national interest.
03:46 The former President Duterte asked you Justice,
03:49 will the Philippines be able to build a naval base, China, inside the exclusive economic zone of our country?
03:58 We can do something. First of all, we can bring them to the UNCLOS Tribunal because that's prohibited.
04:05 Second, we will patrol that area with the US, with allied countries like Japan, Australia, France, UK.
04:17 They are willing. They will allow us to patrol that area.
04:21 If we patrol, how can we build China as their naval base?
04:27 He also said that Duterte said that the Philippines should assert its right to the West Philippine Sea
04:33 because you didn't become president and you're not facing China.
04:39 Reaction?
04:41 Well, our president, the one we called China, President Noy Noy Aquino, he fought and brought him to UNCLOS.
04:50 Duterte said we should not fight because we will be massacred.
04:56 If you have that mentality, you will not win.
04:59 If you surrender right away, the first thing you will say is let's back off, you will not win.
05:06 Yes. In the Gentleman's Agreement, you mentioned that the former President Duterte gave you our rights and we are blessed.
05:16 Is he capable of being sued Justice?
05:19 Well unfortunately, he's not in his position now. He's not a government official
05:25 because it's impeachable. Culpable violation of the Constitution.
05:29 He's not president anymore. He cannot be impeached.
05:32 If you're an ordinary government official, you are guilty of disloyalty to the Republic,
05:42 the penalty is dismissal from public service. He's not in the public service anymore.
05:47 That's why I agree with what the Senate is doing now, to have a legislative inquiry
05:55 to make a law that if you do that during peacetime, you can be imprisoned.
06:05 Because now, the crime of treason can be committed only during wartime.
06:12 Not wartime, but peacetime, there's no treason. So there is a gap in the law.
06:17 This gap needs to be bridged so that people like Duterte will not do that because it's against national interest.
06:28 Yes. Are these trilateral talks between the three countries that are operating in America,
06:34 will it help to protect our exclusive economic zone, Justice?
06:40 It's big because when there's a joint patrol, one of the activities of the trilateral entity
06:49 is to have a joint patrol, not just the three, but the other countries will be included.
06:56 Now, when you have a joint patrol in our EEZ in the West Philippine Sea,
07:01 you're telling China that this is not their waters.
07:06 You're telling China that their territorial waters are within the nine-dash line, now it's ten-dash line.
07:12 When you patrol there, you're telling China that your territorial waters are not true.
07:19 So that is the strongest assertion, enforcement of the arbitral award.
07:25 When there's a joint patrol with other countries, China can't do anything and they can't do it.
07:34 If their territorial waters are not true, there will be naval drills there.
07:39 President Duterte said that he's doing such things to maintain peace.
07:45 With the tension in the West Philippine Sea, will this lead to war if we continue activities in our territory?
07:54 You know, when you're occupying the territory of other countries, you cannot not fight.
08:03 Because when they seize your territory, that is a declaration of war.
08:12 So you should fight. If you don't fight, you'll be lost in the world. You'll be erased from the map.
08:18 If you don't fight, you'll be erased from the map. You'll be a slave of China.
08:24 So what he wants is for us to be a province of China, that's why he doesn't want to fight.
08:30 Who would want that? Who would want us to be a colony of China?
08:36 Thank you very much Retired Senior Associate Justice Antonio Carpio. Be careful.
08:43 Thank you. Good morning to you.
08:47 (In Tagalog)
09:01 (Music)