The Department of Foreign Affairs, which is initiating talks in May with China regarding the resumption of joint oil and gas exploration in the West Philippine Sea—despite a ruling by the Supreme Court declaring in 2005 null and void a previous joint exploration agreement with China, Philippines and Vietnam and in spite of innumerable encroachment, illegal construction, and deprivation by Chinese fishing vessels of Philippine fishing boats as well as Coast Guard vessels in the waters declared by the Arbitral in Hague as rightfully part of the Philippines—must be repeatedly reminded to take caution in dealing with the Chinese who have not shown good faith with the Philippines.
The Department of Foreign Affairs (DFA) recently said representatives of the two countries will meet in Beijing to iron out the details of the controversial deal in waters within the Philippines’ 370-kilometer exclusive economic zone, said DFA spokesperson Teresita Daza in a statement.
The negotiation for resumption was ironed out during the state visit of President Marcos to Beijing in January, to revive oil and gas exploration which has since triggered varied reactions from the people, including legislators.
Sen. Francis Tolentino, vice chair of the Senate foreign relations panel, earlier warned the DFA to take caution in pursuing the agreement as he argued that it could be abused and may even result in more presence of Chinese vessels unlawfully encroaching on Philippine waters.
But Daza said DFA Secretary Enrique Manalo has assured Tolentino that “updates would be provided on this matter.”
China has staked its claim in nearly the entire South China Sea—using its flawed nine dash line theory-- including the West Philippine Sea and its offshore oil and gas deposits and natural fishing grounds.
In 2018, the Philippines and China pledged to jointly explore oil and gas assets in the contested waters.
But the talks were set aside and then-Foreign Affairs Secretary Teodoro Locsin Jr. later said the discussions had been terminated due to constitutional limits and sovereignty issues. Then President Duterte discarded the agreement, after China also failed to deliver its promised billions of dollar for Duterte’s mega infrastructure projects.
Under the 1987 Constitution, the State may directly undertake activities concerning exploration, development, and utilization of natural resources like co-production, joint venture, or production-sharing deals only with Filipino citizens or with corporations or associations where at least 60 percent of the capital is owned by Filipinos.
Tolentino also urged the DFA to carefully study the government’s plan for another round of talks with China in view of the 2016 Hague Arbitral ruling and the recent Supreme Court decision which invalidated and declared unconstitutional the 2005 Tripartite Agreement for Joint Marine Seismic Undertaking (JMSU).
He stressed that any new agreement between the Philippines and China should comply with the provisions enshrined under the 1987 Constitution before planning to undertake any joint exploration of mineral seabed resources within the Philippines’ exclusive economic zone (EEZ)—which was also mentioned in the 2016 Arbitral Ruling.
He said he personally is hesitant about plans for new round of talks with China, considering the series of bullying incidents in the past months in WPS the China Coast Guard and the Chinese Maritime Militia against the Armed Forces of the Philippines (AFP) and the Philippine Coast Guard (PCG).
“Since the matter involves foreign policy and national security, it’s only proper that the Senate must be involved in any future exploratory talks with China,” Tolentino stressed.
The DFA explained that the meeting will discuss parameters and terms of reference.
Tolentino has changed his position from a statement he made in 2019 when he backed a fishing agreement that then-President Rodrigo said he had brokered with Chinese President Xi Jinping, saying that
"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."
Tolentino also wants the Senate to be involved in the 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.
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.
My take
I agree with Senator Tolentino that any agreement reached—and before signing—must explicitly state that the Philippines, being the one bequeathed with the privilege over the WPS by the Hague ruling-- agrees to such joint exploration. But I am sure, China would not agree to this fact being stated in the agreement, as it is tantamount to it admitting abandoning its flawed claim over such rich water resource.
The agreement must also contain limits to where research and exploration vessels will be allowed to anchor and stay so that intrusion into other portions of the sea and the coastal communities would be discouraged or not tolerated.