Philippines: Constitutional Issues on Spratly Islands Deal Raised

No such thing as pre-exploration - Satur

Deputy Minority Leader and Bayan Muna Rep. Satur C. Ocampo today raised two Constitutional issues on the controversial Spratly Islands deal saying the Arroyo government appears to have surrendered the State’s power to fully control and supervise the utilization of the country’s natural resources.

“On its face, as gathered from media reports, the so-called tripartite agreement is patently unconstitutional,” says Ocampo.

Ocampo cited Article 12, Sec. 2 of the 1987 Constitution on National Economy and Patrimony which, he said, is violated by the Joint Marine Seismic Undertaking (JMSU) with China and Vietnam.

Art. 12, Sec. 2 provides: “(T)he exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreement with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens. Such agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law.”

The same provision also says that “the President shall notify the Congress of every contract entered into in accordance with this provision, within 30 days from its execution.”

“First, it appears that Ms Arroyo basically surrendered the State’s full control and supervision on the exploration, development, and utilization of natural resources to two foreign countries,” Ocampo said.

“Second, the agreement has been kept confidential since its signing until now,” Ocampo said. “It looks like Ms Arroyo had no intention of notifying Congress at all.”

Ocampo said that “Ms Arroyo should be held accountable for this Constitutional transgression.”

The militant lawmaker also assailed Palace officials’ insistence that the agreement only covers the so-called “pre-exploration” stage and is not unconstitutional.

“There’s no such thing as pre-exploration. Data and samples gathering and seismic studies are all part of the exploration process,” Ocampo said.

Ocampo, together with fellow Bayan Muna Rep. Teddy Casino last week filed House Resolution No. 496 seeking an inquiry to determine whether the agreement resulted in the sellout of Philippine sovereignty in exchange of overpriced loans to fund controversial projects.

The Bayan Muna lawmaker also wrote foreign affairs secretary Alberto Romulo today requesting an official copy of the signed JMSU, including the maps that would show where the search for oil and gas was conducted, between the three countries. He also requested for an official copy of the bilateral agreement between China and the Philippines on the same issue.

“It is imperative that the DFA be transparent on this issue that involves the country’s national sovereignty and patrimony,” he said. #

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