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Duterte can be impeached if he gives up sovereignty over a shoal – Carpio

Manila: A Philippine Supreme Court associate justice has warned President Rodrigo Duterte that he can be impeached if he gives up sovereignty over a shoal that China has occupied in 2012 while negotiating during his state visit to China in late October for grants, loans, and concessions for Filipino fishermen to fish in the shoal off the South China Sea.

Duterte might “recognize China’s sovereignty over the Scarborough shoal” in exchange for “(China) allowing Filipino fishermen to fish on Scarborough Shoal and for all the infrastructure loans and grants (that he could get) from the Chinese (counterparts during his state visit from December 19 to 21),” Gulf News quoted Supreme Court Senior Associate Justice Antonio Carpio as saying.

In late July, The Hague-based Permanent Court of Arbitration (PCA) reportedly ruled that China’s claim of the entire South China Sea and its enhancement of rocks and shoals into artificial islands were illegal; that China must open the Scarborough Shoal it occupied 23 kilometers west of Philippines’ Zambales in northern Luzon as a common fishing ground for all claimants in the South China Sea

China never joined the legal process; has refused to recognize the PCA ruling; and has rejected bilateral talks with the Philippines (and other claimants) based on PCA’s pro-Philippine’ ruling, the report said.

PCA was “silent on who has sovereignty over the shoal,” Carpio reportedly said, adding Duterte might interpret it that “the Philippines has no sovereignty” over Scarborough Shoal.

“If Duterte concedes sovereignty, it is a culpable violation of the Constitution, a ground for impeachment. Once Duterte concedes sovereignty, we can never recover it because China will never give it back,” said Carpio. “China will not be bound by the ruling of the Philippine Supreme Court (that could void Duterte’s concessions to China).”

“Only an international court can void the concession (that Duterte might give to China). (And) China will never submit to the jurisdiction of an international court on sovereignty issues,” Carpio added.

Foreign Affairs Spokesman Charles Jose was quoted as saying that the rights of Filipino fishermen in the Scarborough Shoal are a “top priority” for Duterte who will hold bilateral meetings with Chinese President Xi Jinping on October 20. He will meet with Chinese Premier Li Keqiang and National People’s Congress Chairman Zhang Dejiang at a later date.

“We leave it to the President’s wisdom and judgement as to when he thinks the time is appropriate to bring up this matter (PCA ruling) with the Chinese (leaders),” Jose was quoted as saying in the Gulf News report.

China, Taiwan, and Vietnam claim the entire South China Sea. Brunei, Malaysia, and the Philippines claim their respective 200 nautical mile exclusive economic zone in the sea lane where $5.3 trillion worth of trade passes annually, said the news portal.

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