2016 ARBITRAL RULING AT ANG TUNAY NA KAHULUGAN NG 'STATUS QUO' SA WPS NA PINASUKAN NI DUTERTE
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09:01.8
Sa pagtutaw, wala naman din po kaming report that we committed that.
09:07.5
Normally, yung mga ganyang commitment, they are a very serious commitment, no?
09:12.6
Yung tatanggalin o nandyan yung balko, dahil di ba narinig natin na nag-commit daw yung ating gobyerno or somebody na at some point tatanggalin.
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Number one po, normally, napakabigat na commitment yan and it has to be done within the proper context.
09:36.0
Wala pong ganyang context.
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Number two, yung mga ganyang kabigat, normally, importante yan, dapat nilalagay in writing.
09:46.7
Pangatli po, kaya nga po, in international negotiations, importante yung tinatawag nating full powers when you negotiate.
09:54.2
Hindi, basta, sino-sino lang ang pwedeng mag-commit ng bansa in an agreement.
10:01.4
Normally po, yung mga may kapangyarihan na i-commit yung bansa, they have full powers from the president para mag-negotiate and to agree.
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Wala naman pong ganyan din.
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Let me briefly describe to you yung how agreements are entered into.
10:22.9
So bago yung mga tao mag-negotiate or to agree because apparently this is an agreement and a very serious one and therefore pinag-aaralan yan, pinag-iisipan yan
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and if that commitment you want to have, you want it to be legally binding na implication, mag-proseso po yan.
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Ang proseso po na, yung mga mag-negotiate, parin silang full powers from the president to negotiate, to agree and to commit.
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With that full power.
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And second, when they sign, there is a ratification process.
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So meron din pong format o form na tinatawag natin, formal negotiations.
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Lahat po yan absent.
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Lahat po yan, wala, walang full powers.
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Wala rin naman pong tao na in-appoint para mag-commit yan.
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Wala rin agreement.
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Everything is in the aspect of allegation.
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By the other part.
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At the end of the day, depende sa arrangement.
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But if that arrangement, for example, yung agreement na sinasabi, quote-unquote,
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rebounds to surrendering your sovereignty, that cannot be that.
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Because no person from this country can lose a territory.
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O hindi po sila empowered to do that.
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In fact, it is a constitutional duty by everyone, especially the president, congress, to protect the sovereignty.
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So yung agreement po, is an indirect giving out.
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Hindi po pwede po yung basta-basta.
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There is a process.
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Tsaka pinag-uusapan po yan.
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Especially if it concerns a territory.
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We cannot give away a territory.
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Nobody's in power.
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There is a process for that.
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Madaming beses natin narinig yung status ko.
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And so, we have to understand it in all its facets.
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In the first place, we have to ask a question.
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Ano din yung status ko?
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Are we referring to the status ko na every time pupunta dahil magpapaalam?
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Na pupunta tayo dun, ang dagaling lang natin pagkain?
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Status ko dun, how much is this?
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Ang status ko dun, ang status ko dun, ang status ko dun, ang status ko dun, ang status ko dun, ang status ko dun, ang status ko dun.
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okay lang na nandiyan yung
12:54.3
Coast Guard ng China,
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if this is the status quo
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that we are referring to,
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I will tell you, it's wrong.
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That's not the status quo
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that is consistent with our national
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interest. If we agree
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to that kind of status quo,
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to giving away your rights
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over your own property.
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Sa magaling salita po,
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merong kambakod sa inyo.
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inang hahawakan na titulo doon.
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Iyo yan. Pero yung
13:29.4
kapitbahay mo, mas malakas sa'yo.
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Pumunta doon, ah, hindi ka ba sa puwenta?
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Hindi po. Kung baka ayusin ko lang yung
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sige, okay, bibigyan ko lang
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ng pagkain. Parang ganyan.
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Pwede ba yan? Hindi naman pwede.
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Status ko ba sa akin
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na nandiyan ka sa lupa ko?
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Hindi rin tama yan.
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If that is the kind of
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status quo that we are
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referring to, actually,
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that's very dangerous.
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amounts to giving up. You know why?
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Alam naman natin, especially sa probinsya,
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pag pinabaraan yung tao dyan
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after a period of time, nasanin
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na siya, kaya mo yan. And you will
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lose it. And so we have to be
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able to think strategic
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and long-term in terms
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of the implications of what we do
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war now. It's being
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used in order to create
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one in the future. What you
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want is, you want peace now,
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something that will be lasting and
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durable. And what that means is
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if you want it durable, that kind
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of peace must be respectful
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other countries' rights also.
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Only then, when we are
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able to respect the rights of everyone,
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including us, will we be able
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to give importance to the dignity, and
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that's when there is mutual
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respect. But whenever
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that other party is in your
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land or in your sea,
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and they are creating
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a quote-unquote status quo
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that we have to ask for their permission,
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we have to qualify the
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activity that we can do
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in our backyard, that we
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have, we cannot repair what
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is in our backyard, that
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it's okay for us,
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for them to be there
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in our own backyard, mali po lang
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dyan. Because the moment,
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we agree to that kind of
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agreement to that status quo
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actually amounts to giving
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by anyone po that gives away
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yours, that's narrow
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and void from the very beginning.
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Especially if it does not
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go through the constitutional
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Nabanggit ko po yung process of negotiation.
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And how a country can commit.
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Because it's very possible for one
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on the limitation, which means
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you give away some, you get
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some. That's part of the negotiation.
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But not any, pardon
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me for saying, not any Tom, Dick
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and Harry can do that.
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And not any person can do that.
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There is a process. Even the president?
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The president by himself, that's very dangerous
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our kind of democracy,
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we have the Congress
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essentially. And there's a process
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also. There has to be a
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referendum perhaps, or a
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plebiscite perhaps, but it
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cannot be a decision of one person.
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That's why in the
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maritime delimitation with Indonesia
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and Indonesia, the
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maritime delimitation that we have,
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that went through a process. What was
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the process? We constituted
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negotiating panels both from
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Philippines and Indonesia.
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They negotiated where the boundary
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would be. And then after there was
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an agreement, they had full powers
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to sign. And after
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that, it was signed
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in the parentia. In effect, it was
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just ratified very recently.
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And so that aspect
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of agreeing on a boundary,
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remember, whenever you agree on a boundary,
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you lose something.
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And that losing something, whether
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it's a sovereign rights over a piece
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of property or sovereignty,
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it went through that process.
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And so it was not just one
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The president, knowing the process,
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did not do it that
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Because we are a country of
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democracy. We're a democratic
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with processes that is
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constitutional. And so that was
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the regular constitutional
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process of entering into a
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maritime delimitation. In a way, you can say
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we give up something in order to
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gain something. And that process,
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that process was not done by one person.
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And not in one single
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stroke of a pen or gentleman's
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agreement. It was part
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pledge negotiation
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fully and duly constituted
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and appointed. And the agreement
18:10.0
in accordance with the constitutional
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process. And that's why
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delimitation agreement on exclusive
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economic zone between
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Indonesia and the Philippines,
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even if it was signed,
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it has no effect until
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by our own Congress.
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With that ratification
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delimiting our exclusive
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economic zone, in a way, giving up
18:43.2
getting some in the process,
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that is constitutionally
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how, that is the process
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that is legitimate, that
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is constitutional, whenever
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we talk of giving up certain
18:57.7
portions of your territory.
19:00.9
halikan na kasama ka.
19:10.4
Susunbis sa Yasmin
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pananaw. Sa bagong
19:17.8
bunyog, isinakaw.
