Supreme Court urged to rule on decade-old plea vs joint exploration with China, Vietnam

MANILA, Philippines — Bayan Muna chairman Neri Colmenares urged the Supreme Court to rule on their decade-old challenge to the constitutionality of the Joint Marine Seismic Undertaking (JMSU) signed by the administration of former President Gloria Macapagal-Arroyo with China and Vietnam in 2005.

Colmenares, represented by the National Union of Peoples’ Lawyers, stressed that the Philippines seems to be on the verge of entering another joint exploration with China during Chinese President’s Xi Jinping state visit.

“The substantive issues in the present case are of overarching and paramount importance to the Philippines and the Filipino people, especially in light of our current territorial and maritime disputes with China,” the pleading read.

“It is high-time for the Honorable Court to at least give direction and/or status updates and/or to already immediately resolve the instant case now,” he added in their motion filed before the SC on Wednesday.

In 2008, former Bayan Muna Representatives Satur Ocampo and Teodoro Casiño, together with five other solons, asked the high court to void the Tripartite Agreement for JMSU in the South China Sea among Philippine National Oil Co., China National Offshore Oil Corp. and Vietnam Oil and Gas Corp..

They noted that the case has been deemed submitted for decision on Jan. 13, 2010. But the tribunal has yet to rule on their petition.

The STAR earlier reported that under the JMSU, the Philippines, China and Vietnam, through their respective oil corporations, agreed to conduct joint explorations on the disputed waters even if up to 80 percent of the JMSU site is within the Philippines’ 200-mile exclusive economic zone.

The JMSU already expired in July 2008.

READ: SC asked to rule on legality of JMSU

Philippines-China joint exploration deal

The group said the filing of their motion coincides with Xi's state visit to the country.

In a separate release of Bayan Muna, Colmenares demanded that the government disclose the details of the Memorandum of Understanding (MOU) on joint oil and gas development in the West Philippine Sea.

The MOU is one of the 29 deals Manila signed with Beijing on Tuesday. The Palace released a list of the agreements but details are yet to be publicized.

A supposed Chinese draft of the framework agreement on joint exploration in the West Philippine Sea would be in accordance with the principles of "mutual respect, fairness and mutual benefit, flexibility and pragmatism and consensus," a document released by Sen. Antonio Trillanes IV, a critic of President Rodrigo Duterte, read.

RELATED: In supposed draft, China claims oil exploration deal to have no bearing on sovereignty

“We demand that the contents of the agreement be disclosed to the public as this might pave the way for the sell out of our sovereign rights in the West Philippine Sea and deprive the country of its vast resources,” Colmenares said.

The former lawmaker also urged the SC to resolve their plea amid Manila’s signing of a joint exploration deal with Beijing.

“We urge the Supreme Court to resolve our 10 year old Petition and declare the JMSU and other similar joint exploration deals unconstitutional... With the signing of the Joint Exploration MOU between Duterte and Xi, the need to resolve said Petition has become very urgent. We have to stop Duterte from selling out the country,” he added. — Kristine Joy Patag