TUTA NGA BA NG TSINO? ANO NGA BA PINAKAIN NG CHINA KAY DIGONG UPANG HAYAAN NA LANG ANG USAPING WPS?
01:30.0
The president, if he declares unilaterally
01:32.9
that he's giving up the West Philippine Sea to China,
01:36.9
that's binding on the state
01:38.3
because that's considered a unilateral declaration
01:41.3
that's announced publicly.
01:43.7
But in this case, nobody knew about it
01:46.3
and so they could not react.
01:49.4
Nobody could do anything about it.
01:52.7
So it's only binding between the two of them.
01:55.5
Spokesman, Attorney Salvador Panelo,
01:58.2
denied that there was such an agreement
02:00.1
and Harry Roque seemed to have a back down from his claim.
02:06.8
And he was saying that,
02:09.3
yes, I agree to the statement of Panelo.
02:14.7
So it looks like it's being denied by the Duterte camp
02:19.8
and even the person who first brought it up
02:22.2
has backed down on his claim.
02:28.2
Harry Roque was lying
02:30.4
and was just looking for publicity when he said that.
02:34.6
So the spokesperson who replaced Panelo
02:39.9
was, of course, Harry Roque.
02:42.0
And Panelo said that Harry Roque was just a publicity seeker
02:46.8
So we have to look at the entire context of how this happened.
02:56.6
And, well, first of all, legally,
02:58.2
it's not binding on the Philippines.
02:59.9
It's not binding on the successor.
03:01.6
And third, it's even being denied now.
03:06.2
it came out in the Manila Times newspaper
03:11.5
that an unnamed embassy official of China
03:15.9
told the reporter of Manila Times
03:19.2
that there was a gentleman's agreement.
03:21.5
And that's how Roque reacted.
03:25.9
He confirmed that there was a gentleman's agreement.
03:28.2
But Panelo, he said he checked with President Duterte
03:31.7
and the President Duterte said,
03:33.1
no, there is no gentleman's agreement.
03:35.4
So that's where we are now.
03:37.9
Legally, it will not bind the successor
03:39.7
because it was a secret agreement
03:42.8
and not disclosed.
03:44.5
Nobody could react to it.
03:47.2
And it was binding
03:49.7
as far as both of them would agree to follow it
03:52.5
during their term.
03:54.1
But Duterte now is out of office.
03:58.2
Roque himself was saying
04:00.6
that it was only binding between the two,
04:03.0
between President Xi and Duterte,
04:05.2
probably because Duterte said,
04:06.8
I love President Xi.
04:08.0
That's why he made that promise.
04:11.4
So that's the situation now.
04:15.3
And the Chinese embassy
04:18.8
cannot produce any document
04:21.1
because there is no document.
04:22.7
They said it was just verbal.
04:25.9
President Duterte also said
04:28.2
yes, allowed China to fish,
04:30.1
the Chinese fishermen to fish
04:31.3
in the exclusive economic zone of the Philippines
04:34.2
in the West Philippine Sea.
04:35.9
That clearly violated the Constitution,
04:38.4
which says the marine wealth
04:40.4
in the exclusive economic zone of the Philippines
04:43.1
is reserved exclusively for Filipinos.
04:46.8
So it violated it.
04:50.0
And I was waiting for Senate
04:53.2
to investigate it
04:55.2
because, you know,
04:58.2
any executive agreement,
05:02.4
or any treaty must be
05:04.0
taken up by the Senate.
05:06.2
At least they must discuss it
05:07.4
if it constitutes a treaty.
05:09.6
It constitutes a derogation
05:11.2
of our sovereign rights.
05:12.5
But nobody wanted to discuss it.
05:14.3
They were all afraid of Duterte.
05:16.4
And that's already the Senate.
05:18.8
How much more for the House?
05:20.5
So it was a very strange situation
05:22.9
where Duterte kept on violating the Constitution
05:27.3
the Navy will patrol only the territorial sea.
05:31.6
The Constitution says
05:32.5
the state shall protect its marine wealth
05:34.5
in its exclusive economic zone.
05:37.7
we were the only ones
05:38.9
who were calling Duterte to,
05:41.5
We were calling him out of bounds.
05:44.2
But the rest of the Congress,
05:45.7
they just refused to tackle it.
05:48.7
And I don't know why.
05:50.7
And this is the result.
05:53.0
making those statements.
05:56.4
And I think we should be very strict
05:59.3
when it comes to the Constitution.
06:00.9
We should hold every public official accountable
06:04.2
if they violate the Constitution openly.
06:06.6
It was an open violation.
06:09.0
We have been very cavalier.
06:11.5
you remember President Duterte.
06:17.1
which is practically financed by Chinatel,
06:20.9
a Chinese state-owned company,
06:23.2
to install their towers
06:25.5
in all our military camps.
06:27.4
Can you just imagine that?
06:30.1
Chinese receivers, transceivers
06:33.5
will be installed in our military camps.
06:35.8
So they will all collect
06:37.3
all the communications of our military.
06:42.2
to the credit of our military,
06:43.6
they refused to implement it.
06:46.1
They couldn't, of course,
06:47.1
say no directly to the Commander-in-Chief,
06:50.6
President Duterte.
06:51.8
But they just delayed
06:53.4
and now they're not implementing it.
06:55.5
Because they know.
07:03.2
like General Esperon,
07:05.1
who was head of the NSA at the time,
07:07.0
they all defended Duterte.
07:08.7
But the people on the ground
07:10.1
knew the injury that could be caused.
07:15.4
So they just refused to implement it.
07:18.2
While their superiors
07:20.9
paid lip service to it.
07:25.5
And all of them really didn't want to implement it.
07:30.3
not a single tower was installed.
07:34.4
But that's the...
07:36.1
I think we need really
07:37.4
a whole-of-nation approach
07:39.2
on national security.
07:42.0
That we should be conscious.
07:49.1
in the draft of the
07:51.9
amended Public Service Act
07:53.8
that Duterte proposed to,
07:56.8
he wanted the telecom company
07:58.6
can be 100% owned by China,
08:03.2
I will give the third telco to China,
08:06.7
Can you just imagine that?
08:08.6
And so what happened here was
08:11.7
we all worked to stop it,
08:15.3
to create poison pills.
08:19.4
What happened was
08:20.7
the intelligence service
08:23.3
of the armed forces,
08:26.0
proposed to Congress
08:27.3
to put their subject to national security.
08:30.0
The president can decide
08:31.3
not to implement this law
08:34.0
allowing foreigners to own 100% of our telecom
08:36.8
if it infringes on our national security.
08:39.7
So that's one layer.
08:50.3
suggested to Congress that
08:51.8
yes, foreigners can own 100%,
08:55.4
state-owned enterprises
08:57.9
because the Chinese telecom companies
09:01.9
So they were able to insert that.
09:04.8
because I was worried,
09:06.7
I suggested to some congressmen
09:08.7
to put their subject to reciprocity
09:11.8
because if we allow China
09:15.0
to own 100% of our telecom company,
09:18.6
China should also allow us.
09:21.0
foreigners cannot own a majority
09:22.7
of our telecom company
09:23.8
because they know
09:24.8
telecom company is essential
09:26.8
to national security.
09:28.4
You cannot allow foreigners
09:29.5
to own your telecom company,
09:31.7
especially under Chinese law.
09:35.4
All Chinese citizens and companies,
09:38.3
wherever they are in the world,
09:39.5
are obliged to turn over to China,
09:43.5
to the Chinese security agencies,
09:47.1
any data that is in their possession.
09:51.0
So if they establish a telecom company,
09:54.8
tower in Camp Aguinaldo,
09:57.6
and they get all those communications
10:02.1
of our general headquarters,
10:05.0
the Chinese who operate dito
10:08.3
will be forced to turn over
10:10.7
the data to Chinese security agencies.
10:15.9
So there are three layers now
10:18.2
that prevent the Chinatel
10:22.4
from gaining majority,
10:28.1
if you're a state-owned company,
10:31.0
you cannot own majority
10:34.3
of Philippine telecom companies.
10:37.6
Second, the president,
10:40.7
for reasons of national security,
10:44.6
it must be subject to reciprocity.
10:46.5
And China will never open up
10:48.3
their telecom industry
10:49.2
to foreign ownership,
10:52.4
because for them,
10:55.4
The essence of the Communist Party,
10:57.6
their total control
11:00.1
is control of communications.
11:03.0
They cannot allow people to talk freely.
11:06.5
That's why they even have a firewall
11:09.2
for the internet.
11:10.2
They have complete surveillance
11:13.1
and they intrude into your privacy.
11:17.5
That's the way to control society
11:19.1
under a communist regime.
11:22.3
the telecom companies
11:24.1
are very important,
11:26.2
critical for control,
11:27.5
for controlling society.
11:29.0
And they will never allow
11:29.9
foreigners to control
11:34.0
or manage their telecom industries.
11:37.4
So they cannot comply
11:40.4
with that condition
11:41.2
subject to reciprocity.
11:43.3
Well, on the national grid,
11:44.6
I think we have to renationalize it.
11:48.0
the Chinese are the one
11:49.3
running the grid.
11:50.7
They're technicians.
11:52.9
when they removed
11:54.0
all the Filipino technicians
11:55.3
and the ESAP complained,
11:58.3
the intelligence service
11:59.6
of the Armed Forces of the Philippines complained.
12:02.5
if they were brought back,
12:04.2
but control over the technical matters
12:08.9
under the national grid
12:10.4
is in the hands of the Chinese.
12:13.7
that it can be shut down from China.
12:17.2
it can be shut down by China
12:18.5
because these are all
12:19.5
done electronically
12:28.5
if you have a house abroad,
12:30.3
you can open it from here
12:31.6
through the internet.
12:32.9
You can start your car
12:35.6
through the internet.
12:37.5
So you can shut down
12:42.8
It's as simple as that now.
12:44.8
So we have to be very careful
12:47.7
China wants to grab
12:50.1
our maritime zones
12:51.8
and island territories
12:52.8
in the West Philippine Sea.
12:54.5
And we have to be
12:57.7
conscious of that.
13:00.6
How can we fight China
13:02.6
if they can shut down
13:03.7
our national grid?
13:06.1
That's why the Americans
13:06.9
in their ad sites,
13:08.8
they put up their own generator.
13:10.6
They will not rely
13:12.0
on the national grid.
13:14.3
That's how critical it is.
13:19.4
should have their own generator
13:20.9
in case of a conflict
13:23.2
in the West Philippines,
13:24.2
China will just switch
13:25.3
off the national grid
13:27.0
and all our camps
13:31.6
is like printing money
13:33.4
everybody has to pass
13:35.5
through the national grid.
13:37.4
If you put up a plant
13:41.2
through the national grid
13:42.0
because the power
13:42.7
is delivered in Metro Manila.
13:44.6
So it's like a tollway.
13:49.6
through the tollway.
13:50.8
And there will be
13:58.5
and it will always
14:01.7
Then there's no way
14:09.3
And everybody needs it.
14:11.9
it was privatized
14:13.0
when it's so critical
14:16.0
for national security
14:17.8
and there's no way
14:19.4
it was not losing money.
14:21.7
It should not lose money
14:24.0
If it was losing money,
14:25.3
then there's a lot
14:26.0
of corruption there.
14:28.3
what he was doing,
14:30.1
That means it was intentional.
14:33.1
do not patrol the EEZ,
14:36.1
up to our territorial sea.
14:38.0
He knew the consequences.
14:39.9
will grab our EEZ.
14:41.8
Nobody will oppose China,
14:43.2
but he did it willingly
14:44.4
because he wanted to do it
14:47.2
as a favor for China.
14:49.4
their national interest.
14:50.6
That's, you know,
14:51.6
that's why I said
14:53.0
that will be treason.
14:54.0
But in peace time,
14:57.4
the culpable violation
14:58.8
of the Constitution
14:59.5
is an impeachable officer,
15:01.6
but you need Congress
15:03.3
and everyone in Congress
15:06.8
Because, you know,
15:09.6
all the congressmen
15:10.9
are under the thumb
15:11.7
of the president?
15:12.5
Because of the pork battle.
15:15.0
The Supreme Court,
15:16.3
before Congress had the,
15:20.0
the General Appropriations Act,
15:22.3
there would be a line there
15:23.8
there would be a line
15:24.0
where the congressman
15:26.0
where the public works
15:30.3
in their district.
15:31.8
But the Supreme Court ruled
15:33.0
that is unconstitutional
15:36.7
can only legislate.
15:38.4
It cannot implement.
15:40.4
That is an executive function.
15:47.4
still want their pork barrel.
15:49.2
the entire amount
15:50.5
of the pork barrel
15:51.3
in the Department
15:54.8
entirely up to the president
15:57.5
to distribute it.
15:59.2
So you have to now
16:00.6
kowtow to the president
16:07.1
because you cannot
16:09.3
recommend anymore.
16:11.4
And so the president,
16:13.3
I will give you your pork barrel
16:14.7
but I'll put here
16:15.9
four later release.
16:17.9
four later release.
16:19.4
When will it be released?
16:28.5
to be the third telco.
16:30.2
I will also release it
16:32.7
the ABS-CBN franchise.
16:37.4
with that mentality.
16:40.7
what will happen.
16:44.1
Nagustuhan nyo ba
16:45.2
ang ganitong pagtalakay?
16:47.6
sa Informador FB page
16:50.1
sa Informador YouTube channel.
16:54.4
ni Atty. Ricky Tomotorgo
16:57.5
upang lalong lumawak
16:59.6
ng pagpapalaganap
