A joint energy exploration with any foreign state in the West Philippine Sea (WPS) must expressly recognize that the gas and oil in the area belong to the Philippines, according to the 1Sambayan coalition, composed of retired Supreme Court justices, former government officials and civil society groups.
The 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.
On top of this, it should also abide by the 2023 ruling of the Supreme Court, which declared as 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.
Earlier, the government said it was considering joint gas exploration with China amid the fuel crisis brought about by the Middle East conflict.
President Marcos 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.
For his part, Senate President Vicente Sotto III said he was hoping that the joint exploration with China would push through, noting that he previously raised the proposal with former President Rodrigo Duterte.
Constitutional
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.
The service contract must also be governed by Philippine laws, it added.
Under the law, the government may directly explore and produce indigenous petroleum, or it can indirectly do the same under service contracts. INQ
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