Palace, expert spar over planned ‘joint exploration’ with China in undisputed area
MANILA, Philippines — Is a joint
exploration between Filipino and Chinese companies in the Philippines’
exclusive economic zone, including in areas where China never laid claim to,
legal?
Malacañang earlier said areas under
service contracts (SC) 57 and 72 are being considered for possible joint
exploration with a company and not the Chinese government.
However, a maritime law expert warned
that such a venture would elevate the Chinese firm’s status from mere
sub-contractor to a “co-owner.”
Formerly called Geophysical Survey and
Exploration Contract 101, the 880,000-hectare SC 72 is at the Recto Bank, which
is located west of Palawan and southwest of the Malampaya gas field. In late
2014, the Department of Energy suspended exploration in the bank, which is in
waters also claimed by China, as the government pursued an arbitration case
against the Asian power.
Meanwhile, SC 57 is a petroleum
exploration project awarded to Philippine National Oil Company in 2005 that
covers the undisputed area of Northwest Palawan.
China National Offshore Oil Co.
International Ltd. acquired 51 percent participating interest in the contract,
while Mitra Energy Ltd. acquired 21 percent.
In a social media post, University of
the Philippines maritime law expert Jay Batongbacal flagged the government’s
“carelessly incorrect” and “misleading” classification of SC 57 as a “joint
exploration” project.
Batongbacal explained that exploration
of the uncontested site under SC 57 must be “unilateral,” whereby energy search
to be conducted by CNOOC, PNOC and Mitra as consortium partners will be done
under the Philippine government’s jurisdiction.
“By classifying SC 57 as ‘joint
exploration,’ government leaders seem to be elevating the status of CNOOC from
mere sub-contractor-consortium partner to possibly a ‘co-owner,’” he added.
“It also implies that any and all
areas, even uncontested Philippine waters, are open to joint exploration with
China, even though China has never asked for this and historically has promoted
joint exploration only for the area within the Nine Dashed Lines.”
The Philippines claims parts of the
South China Sea within its EEZ and calls it the West Philippine Sea.
Ties between the Philippines and China
have significantly improved under President Rodrigo Duterte, who has set aside
a ruling from a UN-backed tribunal that invalidated Beijing’s claim to
sovereignty over most of the South China Sea.
Early this week, Duterte said possible
joint energy search with China in the hotly contested waters will be like
"co-ownership”—a remark that critics say is tantamount to “betrayal of
public trust.”
Constitutional?
In a press conference, presidential
spokesperson Harry Roque maintained that a joint exploration in undisputed
parts of the country’s EEZ is “constitutional.”
He cited the Supreme Court’s ruling on
the case of La Bugal B'Laan Tribal Association Inc. vs. Ramos, which affirmed
that the government may secure the help of foreign companies in exploring
natural resources “provided that, at all times, the State maintains its right
of full control.”
“The problem with administration
critics is they want to be Supreme Court justices,” Roque said.
“My recommendation to Professor
Batongbacal is to read the Supreme Court’s decision first before giving
opinions,” he added. (Philstar)
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