Assoc. Justice Carpio wants PRRD to enforce a ban on Chinese fishermen from fishing within our EEZ because as the 1987 Constitution says, the EEZ is solely for the exclusive enjoyment of Filipino netizens.
On hand, PRRD calls Carpio “buang” or crazy for his assertion that the EEZ is exclusively for Filipinos enjoyment.
PRRD said the Philippines cannot assert sovereignty over its exclusive economic zone by driving away Chinese fishermen from our EEZ because nobody in the world has that right.
PRRD argued that the arbitral courts granted PH the sovereign rights to EEZ but not the sovereignty. Our sovereignty is only 12 miles.
However, GMA News agreed with Justice Carpio’s assertion that the 1987 Constitution Section 2 of Article XII on National Economy and Patrimony states that, “The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its sue and enjoyment exclusively to Filipino citizens.”
Check the screenshot photo below for your reference.
Meanwhile, lawyer Trixie Cruz Angeles Cruz, sided with PRRD on the EEZ and sovereignty issue.
Cruz remarked that PH have sovereign rights and agree we can exclude other countries from the area. However, she admitted our helplessness in enforcing the law because of the so-called rights of free passage.
In case, other countries try to extract the resources there, we can do nothing but protest which we have already done, as per SFA Teddy Casino and former SFA Alan Peter Cayetano are concerned.
Can we use aggression Cruz asked?
That’s the tricky part. There are two school of thoughts here. One school believes we cannot since aggression is only legal when defending TERRITORY, and only after a showing of aggression by the nation entering our territory.
The LP belongs to the second school of thought I believed.
Cruz said we are back to protesting since PRRD does not subscribed to LP’s line of thinking.
You may start reading Trixie Angeles-Cruz full FB post below now.
Tutoo yan. We don’t have sovereignty over the exclusive economic zone. We have sovereign rights, which are the rights to extract resources from under the sea, the right to explore and exploit.
The right to exclude others from an area is a sovereign right. We cannot stop any nation from entering that area under rights of free passage.
Now what to do when other nations try to extract resources there? Well, we can protest. Which we have already done, according to Sec. Teddyboy and former DFA Sec Alan Peter Cayetano.
Can we use aggression? Now that is the tricky part. Some experts believe that we cannot since aggression is only legal when defending TERRITORY, and only after a showing of aggression by the nation entering an area.
So we are back to protesting. Which we have already done.