Ex-Ombudsman says no one can be arrested filing impeachment raps vs Duterte

July 12, 2019

Former Ombudsman Conchita Carpio-Morales on Friday said no one can be arrested by filing an impeachment case against President Rodrigo Duterte.

A possible impeachment case can be filed against Duterte for failing in protecting Exclusive Economic Zone (EEZ) after he allowed Chinese fishermen to fish within the area, according to lawyer Chel Diokno.

Under the Constitution, the government “shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.”

“As what Attorney Chel Diokno said, (it’s a) betrayal of public trust because he ( Duterte) does not enforce the arbitral tribunal (ruling) despite the provision of domestic law,” Morales said in a chance interview with The Daily Manila Shimbun.

Morales said even if Duterte said he will arrest those who will file an impeachment case against him, he cannot do that.

“He cannot do that even if he said. What ground? Is it a crime to consider impeaching an insurgent fellow? It’s not a crime,” she said.

In her speech in a forum at Taguig City, Morales said “the West Philippine Sea belongs to Filipinos, not to Duterte, not to China”.

On the third anniversary of the arbitral tribunal's verdict nullifying China's claim over nearly all of the South China Sea , Morales demanded accountability on the destruction happening in the disputed waters.

“China openly rejected the reward and continues to act on its expansive and unlawful claims. Worst, in line with China the Duterte administration decided to shelved the award,” she said.

She said more than 320,000 Filipino fishermen rely on the West Philippine Sea for their livelihood and the Chinese government is committing inhumane acts by depriving them to fish in the area.

“It bears to emphasize that the questioned acts of the Chinese officials are continuing,” said Morales.

The former Ombudsman urged Filipinos to “find creative and viable ways to enforce the award because our leadership refuses to do so.”

“This is why former Foreign Secretary Albert del Rosario and I took the initiative of filing the communication before the ICC (International Criminal Court). The ICC communication is a means of enforcing the award because it seeks individual criminal responsibility for China’s act,” she said.

Carpio and Del Rosario filed the communication last March 15, two days before the Philippines withdrew from the Rome Statute. Ella Dionisio/DMS