Impeach me? I’ll put you all in jail – Rody

President Duterte last night dared critics of his policies on Chinese fishing in Philippine waters to impeach him, warning that he would put all of them behind bars.

“Impeach ako? Kulungin ko sila lahat. Subukan nyo (Impeach me? I’ll put them all in jail. Just try it),” he said in a chance interview at Malacañang.

He also said the constitutional provision on the country’s exclusive economic zone is for the “thoughtless and the senseless” as he claimed that the Charter would become a mere piece of paper in case war erupts over the EEZ.

Former foreign affairs secretary Albert del Rosario said Duterte may be impeached for failing to perform his constitutional mandate to defend Philippine territory. He said the national territory includes the 200-nautical-mile EEZ.

Del Rosario made the statement after Duterte said China could not be prevented from fishing in the Philippines’ EEZ because the two countries are friends.

Supreme Court Senior Associate Justice Antonio Carpio cited a provision in the Constitution mandating the president to protect the country’s marine wealth in archipelagic waters, territorial sea and EEZ, and to reserve its use and enjoyment for Filipinos.

“That is a provision for the thoughtless and the senseless. The protection of our economic rights about the economic zone resolves this? I am protecting the country and 110 million Filipinos,” Duterte said.

He stressed that China would not allow itself to be shamed into going along with that provision in the Philippine Constitution, and would get back at Filipinos: “Ang China, ganito yan, parang Pilipino hindi mo puede hiyain. Magwawala yan at magpuputak, puputaktihin kayong lahat.”

“I will go and tell them, get out, this is the Constitution. They will tell you, ‘you run out of toilet paper, use that.’ If they say, you present to me a Constitution like that, and we have this ruckus claiming the same place in our jurisdiction, I will say, if you do not have something to wipe your butt with, use your Constitution. Because that means war,” Duterte said.

He stressed: “That piece of paper, the Constitution, will become meaningless, with no spirit except desperation, agony and suffering.”

He said China’s missiles could reach Manila in seven minutes, and that Chinese President Xi Jinping had given him a warning when he talked about his plan to dig for oil in the West Philippine Sea.

“Xi Jinping (said) there will be trouble. So answer me, Justice,” Duterte said, referring to Carpio.

He repeated that critics wanted to shame him by compelling him to drive away the Chinese who would likely challenge him to a fight: “Ang gusto ng mga u*** na ito hiyain ako. Pagdating ko doon, sabihan ko yung (Chinese) commander doon na umalis kayo. Ay sabihin sa akin, p ***** i**, sino ka ba magutos sa akin? Gusto mo upakan?”

Critics have urged Duterte to send Filipinos to fish in China’s EEZ in the South China Sea, to test his avowed friendship.

Duterte reiterated what he said on Wednesday, that the Chinese could not be driven away from Philippine waters. He also said he had an agreement with Xi.

“It was a mutual agreement. Let us give and take. You fish there, I fish here. But China said we have others so we took this for ourselves,” Duterte said during the 122nd anniversary of the Presidential Security Group at Malacañang.

The President was referring to China’s decision to allow Filipino fishermen to enter Panatag (Scarborough) Shoal off Zambales, an area that has been under Beijing’s control since 2012.

Duterte cited the assistance given by China to the Philippines, including firearms and infrastructure loans.

“We were told, let’s not discuss this. Let’s be friends first. We will give you firearms. What else do you want? Look at the projects,” Duterte said.

“Now, they say, ‘You have to ban China. Prohibit them.’ If I prohibit them, how do I enforce my desire?” he said.

His spokesman Salvador Panelo said Duterte did not intend to say that the Chinese can fish inside Philippine EEZ, a policy that critics said would violate the Constitution.

“I have evaluated that it appears that what the President meant was China would not allow their nationals from fishing in our EEZ since they treat us as their friends, knowing that permitting their fishermen to fish in our EEZ would only result in an unwanted hostility leading to an armed confrontation,” Panelo said in a statement issued early yesterday.

Panelo said his statement was based on a conversation with Duterte last Wednesday.

“The fact is we do not know if Chinese nationals were fishing there at the time of the maritime incident. Everything is purely speculative at this stage. Even during the allision, facts remain unclear if the Chinese vessel was fishing or only exercising their right of innocent passage,” Panelo said.

Culpable violation

He insisted that the President has not committed any

impeachable offense. “What was stated under the culpable violation of the Constitution, like what – bribery, there’s none; graft and corruption, high crimes. What did he do?” Panelo remarked at a press briefing. Panelo dared critics to file an impeachment complaint against Duterte, whose allies are set to dominate the incoming Congress.

“Under the Constitution, there are provisions on impeachment. If they believe he has done something that constitutes a ground for impeachment, they should file (a complaint),” Panelo said. “But you cannot stop the President from doing measures, steps that to his mind is the correct way to obey the constitutional command to him to protect and to serve the Filipino people,” he added.

Under the United Nations Convention on the Law of the Sea (UNCLOS), a coastal state has sovereign rights to explore, use, conserve and manage the natural resources in its EEZ.

The 1987 Constitution also requires the state to protect the nation’s marine wealth in its EEZ and “reserve its use and enjoyment exclusively to Filipino citizens.”

Panelo said the President does not mind if he loses his position and his life performing his duty.

“He said ‘I’m willing to sacrifice my life, my position. You can put me in jail, you can assassinate me…’ As long as he is doing it for the sake of the people. These are the things that critics do not see.

“There is only one very important duty of the President and that is ‘to serve and to protect the Filipino people.’ All provisions of the Constitution emanate from that,” Panelo said.

Panelo claimed critics wanted the administration to pursue an “aggressive and isolationist” policy that is “very dangerous” during these times.

“He (Duterte) just avoids forcing actions that will put the lives of Filipinos at risk. They are forcing him. He said ‘they are looking for trouble’,” he said.

Asked to react to former senatorial candidate Chel Diokno’s statement that the Chinese fishermen can be sanctioned under the Fisheries Code just by entering the Philippine EEZ, Panelo replied: “It’s just prima-facie. That means it is not yet a proof beyond reasonable doubt... for instance, in that Reed Bank incident, we do not know if they were fishing or just passing by.”

“They are also entitled to innocent passage right? That is precisely the reason why we want an investigation,” he added.

Panelo assured the public that violators of the Fisheries Code would be prosecuted.

“If it is unlawful for them to enter, we will enforce the law,” he said.

Senate President Vicente Sotto III said the possible impeachment complaint against Duterte over the fishing rights could be a good test case.

Sotto, however, refused to elaborate further, saying if the impeachment case prospers, the Senate will convene as an impeachment court.