A coalition of retired Supreme Court justices, former government officials, and civil society groups has demanded that any joint energy exploration deal with any foreign state in the West Philippine Sea must expressly recognize that the gas and oil in the area belong to the Philippines.
The 1Sambayan coalition said that any agreement on the exploration, development, and utilization of oil and gas in waters within the country’s exclusive economic zone must comply with the 1987 Constitution and the 2016 ruling voiding China’s claims in the South China Sea.
Additionally, it should also abide by the 2023 ruling of the Supreme Court, which declared unconstitutional the 2005 deal allowing China and Vietnam to explore the West Philippine Sea with the Philippines.
The West Philippine Sea refers to parts of the South China Sea that lie within the Philippines’ 370-kilometer exclusive economic zone. China claims nearly the entirety of the South China Sea, which is believed to be sitting atop vast reserves of oil and natural gas.
The government had earlier said it was considering joint gas exploration with China amid the fuel crisis brought about by the Middle East conflict. President Ferdinand Marcos Jr. told Bloomberg last week that the global oil crisis could be the “impetus” for the Philippines to “come to an agreement” on joint energy explorations in the disputed regions in the South China Sea.
The Department of Foreign Affairs had said that any deal with China or a foreign state “will be made solely in accordance with the Philippine Constitution and the country’s laws, jurisprudence, and regulations, and in full assertion of sovereign prerogatives.”
Energy officials, however, said Manila could also partner with other countries in joint oil exploration.
According to 1Sambayan, the exploration, development, and utilization of oil and gas in the West Philippine Sea must be embodied in a service contract under Presidential Decree No. 87, or the Oil Exploration and Development Act of 1972, which must also be governed by Philippine laws.
Under the law, the government may directly explore and produce indigenous petroleum, or it can indirectly do the same under service contracts.
When it comes to any joint energy exploration deals within Philippine territory involving foreign states, our government must take extra care to ensure that our interests are prioritized and protected. Considering that China is among the most blatant violators when it comes to territorial disputes in the vicinity of the West Philippine Sea, maximum caution will be necessary if such arrangements are even being considered. Hopefully the government officials that are part of any such negotiations don’t allow our country to be hoodwinked or bullied into anything that proves to be disadvantageous to long-term national interests.*
