Carpio cautions gov’t on joint exploration in South China Sea

MANILA, Philippines — Acting Chief Justice Antonio Carpio yesterday warned about the proposed deal for joint exploration with China in contested areas in the South China Sea.

Carpio said the government should make sure that the country’s sovereignty would not be compromised in the proposed 60-40 sharing scheme with Beijing.

He said he would support the idea if the government would ensure that no sovereignty would be surrendered in the proposed agreement with China.

“As long as the joint development complies with the Philippine Constitution and there is no waiver of our sovereign rights under the arbitral ruling, I have no objection,” Carpio said in a text message.

He was referring to the ruling of the Permanent Court of Arbitration (PCA) in July 2016 in favor of the Philippines against China’s claims over South China Sea territories.

In the ruling, the PCA invalidated China’s nine-dash line claim to the South China Sea.

It also held that Beijing violated its commitment under the UN Convention on the Law of the Sea in building artificial islands within the Philippines’ exclusive economic zone (EEZ).

Former president Benigno Aquino III opposed the planned joint exploration with China within the Philippines’ EEZ.

“We are not obliged to enter into a sharing scheme for exploration with China,” Aquino said on Wednesday after the family commemorated the ninth death anniversary of his mother, former president Corazon Aquino. 

Aquino said the country has the exclusive rights over the West Philippine Sea.

He made the statement after Foreign Affairs Secretary Alan Peter Cayetano said the government would push for joint exploration with China.

Aquino added the joint exploration could be the “practical solution” seen by the government to settle the dispute in the South China Sea.

Last month, Carpio urged the administration to file a protest and seek monetary compensation from China for preventing Filipinos from fishing in Panatag or Scarborough Shoal.

The Supreme Court (SC) has not yet laid jurisprudence for the legality of the possible joint exploration of resources within the country’s EEZ with a foreign country or firm.

An insider said there are pending cases before the SC that raised this issue, but these are not yet resolved.

4 senators welcome joint exploration

Four senators welcomed the willingness of China to enter into a 60-40 joint exploration agreement with the Philippines in the South China Sea.

Senate President Vicente Sotto III said China’s statement gave assurance that the Philippines would be in a position of advantage.

Sen. Panfilo Lacson said the proposed agreement is acceptable and complies with the constitutional requirement on foreign investment.

“It is practical and sensible to enter into a joint exploration with China. First, we do not have the resources nor the technology to do it alone,” Lacson said.

“Second, the West Philippine Sea is so rich in oil and natural gas and it is time to make use of these natural resources to uplift the lives of our people,” he added.

Senate President Pro Tempore Ralph Recto said the proposal “sounds good” if the reports are true.

Sen. Joel Villanueva pointed out that the government previously entered into a similar joint exploration agreement with Royal Dutch Shell Co. for the Malampaya natural gas project.

“I don’t see any problem entering into a similar arrangement with China,” he said. 

“I hope that the DOE (Department of Energy) will be vigilant in its job and submit proposed joint exploration contracts for notification of Congress and to inform our people of these deals,” Villanueva added. 

Sen. Risa Hontiveros, on the other hand, called the proposed agreement “preposterous and treacherous.”  – With Ghio Ong, Marvin Sy, Rhodina Villanueva    

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