Impeachable, if…

"Who has enough guts to confront Duterte given the vast power of the presidency?"

The statement of President Rodrigo Duterte to allow China to fish in Philippine waters drew a warning from Senior Associate Justice Antonio Carpio that it is an impeachable act and violation of the 1987 Constitution.

 Carpio, a constitutionalist who knows the charter provisions, cited Article 12, Section 2 of the Constitution which declares that “the State shall protect its marine wealth in its archipelagic waters, territorial sea and exclusive economic zone and reserve its use exclusively to Filipino citizens.”

To those who want to see President Duterte impeached, don’t get excited too soon as this depends on two big “ifs.” First, the impeachment will only have basis in form and substance if Duterte implements the plan and the Chinese avail themselves of the permission to fish in our water. The second “if” is if the administration-led super coalition in the House allows it and initiates the impeachment process. This is the bigger “if” as I doubt the members of Congress will bite the hand that feeds them—and their district projects.

For the congressmen to have a change of heart is remote as local politicians are not known for having hearts and minds. They take of their own interest first—damn the people’s welfare.

Carpio has a point but his intent or basis for impeachment, it seems to us, is remote in light of the two big ifs we mentioned. This is also the why the choice of House Speaker is vital to Mr. Duterte. The Speakership race has narrowed down to Leyte Rep. Martin Romualdez and Marinduque Rep. Lord Allan Velasco. Recall that then House Speaker Manny Villar, in one swift act, forwarded the impeachment of then-President Joseph Estrada. As they say, the rest is history.

Incumbent Vice President Leni Robredo, at the sidelines of her visit to the 22 fishermen who were rammed and abandoned by a larger Chinese fishing boat, said she is not planning nor preparing to be president.

“The presidency is a matter of destiny,” said Vice President Robredo which in a way showed she is not “boba” as alleged by Foreign Secretary Teodoro Locsin Jr. So who’s the dunce, VP Robredo or President Duterte who talks a lot but does not know the law?

Not protecting the people’s right and our territorial sovereignty is tantamount to treason. But who has enough guts to confront Duterte given the vast power of the presidency? I hear only deafening silence. Where is the opposition in this case?

We leave the answer to that question to Senior Justice Carpio and others more versed on the law.

Meanwhile the 22 Filipino fishermen who survived the sinking of their boat in Recto Bank are probably wondering why the government, instead of helping their case, seems to be clearing the Chinese of any liability in the incident. The crux of the matter is not whether the Filipino fishing boat was rammed or it was an accidental collision as stated by by President Duterte The bigger issue is why the Chinese left and abandoned a boat and its distressed crew in dangerous waters. Fortunately, a more concerned Vietnamese fishing boat came to rescue the Filipinos.

Vice President Robredo, on the other hand, made it clear she visited the fishermen not to project herself as more helpful than the President but simply to find out whether the fishermen needed more aid in terms of funds for their fishing boat.

President Duterte also yesterday said he is not pushing for federalism anymore but was more favorable to charter change. Is he planning to introduce amendments that would keep him in power longer like shortening his six-year term to just five, with room for reelection?

Any change in the charter will have to be approved by the people in a plebiscite. But government can always harness its resources to get a favorable vote as it did in the last midterm elections where it steered all its senatorial candidates to win. This early, we urge the people to be vigilant on amendments to the charter that will perpetuate those in power.