MANILA, Philippines — As the Philippines plans to resume exploratory talks on a potential joint oil and gas exploration deal with China, Sen. Francis Tolentino said the Senate should be involved in negotiations since it is an extension of the country’s foreign policy.
Senate concurrence is needed in the ratification of treaties and Congress has oversight on the executive, including on foreign affairs.
Related Stories
"Maybe they will turn out to be more abusive and their presence in the West Philippine Sea might even increase after the agreement," Sen. Tolentino, vice chairman of the Senate foreign relations committee, said in Filipino an interview with Super Radyo DzBB on Sunday.
This comes after Foreign Affairs Secretary Enrique Manalo disclosed that Beijing has been proposing to revive negotiations on oil and gas.
In an interview with GMA News, a transcript of which was shared by the Department of Foreign Affairs to reporters, Manalo said exploratory talks may begin within six weeks. He said discussions may cover terms of reference, but a final document on a joint exploration will not be on the table yet.
READ: Philippines, China to hold ‘exploratory’ talks for oil, gas exploration
Sen. Tolentino said the final document of the joint oil and gas exploration should explicitly say that the activities would be conducted within the Philippine exclusive economic zone and that the Philippines would be leading supervision of the joint activity.
"That would be good because that would recognize the arbitral ruling," Tolentino said, referring to the 2016 ruling of the Permanent Court of Arbitration that invalidates China’s sweeping nine-dash-line claim that includes parts of the West Philippine Sea.
In 2019, Tolentino backed an agreement that then-President Rodrigo Duterte said he had entered into with Chinese President Xi Jinping on fishing in the West Philippine Sea.
"As the chief architect of the nation’s foreign policy, the president can enter into executive agreements with other nations for the execution of implementation of the laws crafted by Congress as well as treaties entered into by the State. These executive agreements do not require Senate concurrence," he said then.
In line with Philippine constitution
The Supreme Court earlier this year declared unconstitutional and void the tripartite agreement between companies from China, Vietnam, and the Philippines for a Joint Marine Seismic Undertaking that was signed during the Arroyo administration.
"The Court ruled that the JSMU is unconstitutional for allowing wholly-owned foreign corporations to participate in the exploration of the country’s natural resources without observing the safeguards provided in Section 2, Article XII of the 1987 Constitution," the statement from the SC Public Information Office read.
READ: SC rules Arroyo-era joint exploration with China, Vietnam unconstitutional | China still optimistic on joint oil, gas exploration despite SC ruling
In June last year, former Foreign Affairs Secretary Teodoro Locsin Jr. announced that joint oil and gas exploration between Manila and Beijing was permanently terminated, saying "we got as far as it is constitutionally possible to go."
Manalo, during the recent interview, said that this round of discussions will be "guided by the requirements of the constitution."
Maritime issues continue to cloud relations between China and the Philippines.
Beijing has continuously ignored the ruling, saying it is "illegal, null, and void" and has repeatedly encroached Manila’s sovereignty, harassed its fishermen, and tailed its coast guard whenever they are within the Philippine waters claimed by China.