Drilon opposes joint probe, suggests other option on handling Recto Bank incident
Published Jun 23, 2019 04:39 pm
By Hannah Torregoza
Sen. Franklin Drilon nixes joint probe of Recto bank ramming incident and says it can prejudice Philippines claim in the West Philippine Sea; urges government should use the Philippine Fisheries Code to hold the Chinese vessel accountable.
Sen. Franklin Drilon
(Senate of the Philippines / MANILA BULLETIN) Senate minority leader Franklin Drilon on Sunday asserted that a joint investigation with China into the Recto Bank incident would weaken the Philippine’s maritime claims in the West Philippine Sea (WPS), saying this would only serve their interest and not the Filipinos. “I am opposed to a joint investigation with China. We should not allow it. The law is on our side. There are clear violations of international treaties and our local laws committed by the Chinese vessel,” Drilon said in a statement. “A joint investigation will only serve their interest, not ours…A joint investigation would derogate our jurisdiction and prejudice our claim in the WPS,” the senator stressed. At the same time, Drilon called on the Executive department to implement the Philippine Fisheries Code of 1998 or Republic Act 10654, in holding the Chinese vessel accountable. The minority chief lamented how the country’s laws “are taking a backseat in favor of China.” Drilon cited that the country’s Fisheries Code limits access to the country’s fishery and aquatic resources for the exclusive use and enjoyment of Filipinos. The fisheries code also asserts the country’s jurisdiction over Philippine waters including the country’s 200-nautical mile Exclusive Economic Zone (EEZ) and continental shelf. He said the Chinese vessel particularly violated Section 91 of the law which makes it unlawful for any foreign person, corporation or entity to fish or operate any fishing vessel in Philippine waters. According to Drilon, the Chinese vessel that rammed the Philippine fishing boat could be slapped with up to US $1.2-million under the Philippine Fisheries Code. Under the law, the Senator explained that the entry of any foreign fishing vessel in Philippine waters constitutes a prima facie presumption that the vessel is engaged in fishing in Philippine waters. “Prima facie means on its face, by the simple fact of the foreign vessel being in Philipine waters, it is presumed to be engaged in illegal fishing in our waters,” he said. “They could contest the facts surrounding the sinking of the Filipino fishing boat by that Chinese vessel. But the fact that that Chinese vessel illegally encroached upon Philippine waters is uncontestable. And for that, the government can penalize them,” Drilon pointed out. Once administrative liability is found, any foreign person, corporation or entity in violation of Section 91 of the law, would be punished by an administrative fine of US$600 thousand to US$1 million, or its equivalent in Philippine currency. He also said that upon conviction by a court of law, the offender shall be punished with a fine of US$1.2 million, or its equivalent in Philippine currency, and confiscation of catch, fishing equipment and fishing vessel. Congress, Drilon said, “provided more teeth to the Fisheries Code precisely to prevent abuses of our Philippine waters, preserve our marine and aquatic resources, and protect the livelihood of our fisher folks.” “We call on the Executive to implement the law,” Drilon stressed.
Sen. Franklin Drilon(Senate of the Philippines / MANILA BULLETIN) Senate minority leader Franklin Drilon on Sunday asserted that a joint investigation with China into the Recto Bank incident would weaken the Philippine’s maritime claims in the West Philippine Sea (WPS), saying this would only serve their interest and not the Filipinos. “I am opposed to a joint investigation with China. We should not allow it. The law is on our side. There are clear violations of international treaties and our local laws committed by the Chinese vessel,” Drilon said in a statement. “A joint investigation will only serve their interest, not ours…A joint investigation would derogate our jurisdiction and prejudice our claim in the WPS,” the senator stressed. At the same time, Drilon called on the Executive department to implement the Philippine Fisheries Code of 1998 or Republic Act 10654, in holding the Chinese vessel accountable. The minority chief lamented how the country’s laws “are taking a backseat in favor of China.” Drilon cited that the country’s Fisheries Code limits access to the country’s fishery and aquatic resources for the exclusive use and enjoyment of Filipinos. The fisheries code also asserts the country’s jurisdiction over Philippine waters including the country’s 200-nautical mile Exclusive Economic Zone (EEZ) and continental shelf. He said the Chinese vessel particularly violated Section 91 of the law which makes it unlawful for any foreign person, corporation or entity to fish or operate any fishing vessel in Philippine waters. According to Drilon, the Chinese vessel that rammed the Philippine fishing boat could be slapped with up to US $1.2-million under the Philippine Fisheries Code. Under the law, the Senator explained that the entry of any foreign fishing vessel in Philippine waters constitutes a prima facie presumption that the vessel is engaged in fishing in Philippine waters. “Prima facie means on its face, by the simple fact of the foreign vessel being in Philipine waters, it is presumed to be engaged in illegal fishing in our waters,” he said. “They could contest the facts surrounding the sinking of the Filipino fishing boat by that Chinese vessel. But the fact that that Chinese vessel illegally encroached upon Philippine waters is uncontestable. And for that, the government can penalize them,” Drilon pointed out. Once administrative liability is found, any foreign person, corporation or entity in violation of Section 91 of the law, would be punished by an administrative fine of US$600 thousand to US$1 million, or its equivalent in Philippine currency. He also said that upon conviction by a court of law, the offender shall be punished with a fine of US$1.2 million, or its equivalent in Philippine currency, and confiscation of catch, fishing equipment and fishing vessel. Congress, Drilon said, “provided more teeth to the Fisheries Code precisely to prevent abuses of our Philippine waters, preserve our marine and aquatic resources, and protect the livelihood of our fisher folks.” “We call on the Executive to implement the law,” Drilon stressed.