Two Court of Appeals justices use an argument mostly used by the Supreme Court itself in past decisions that upheld Duterte policies: presidential discretion.
“I am of the assumption that this permission, I would say, is a recognition, on the contrary, of prerogative on the part of the Philippine government. It carries with it an implied assertion of authority over the area,” said Peralta., interpreting Duterte, said the Philippines"will allow" China to fish in the West Philippine Sea"because we're friends."
When asked if giving such leeway to China violates the Constitution, CA Associate Justice Mario Lopez said it could “eventually violate the Constitution if that agreement would not benefit the country.” “That is a wisdom that can be determined by the executive in so far as entering into an agreement with another country.
Sandiganbayan Associate Justice Alex Quiroz said Duterte’s move in favor of China was not a ground for impeachment.
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