Satur Questions PNOC Authority to Negotiate on Issues Involving Sovereignty

Deputy Minority Leader and Bayan Muna Rep. Satur C. Ocampo today questioned the authority of the Philippine National Oil Corp. to forge a Joint Marine Seismic Undertaking (JMSU) with China National Offshore Oil Corp and Vietnam Oil and Gas Corp involving our national patrimony, sovereignty and territory.

Ocampo raised the issue of authority after Sergio Apostol, President Macapagal-Arroyo’s chief legal counsel, claim that the Spratly documents are “commercial papers” and cannot be revealed to the public.

“Apostol’s statement is a desperate legal maneuver to skirt the Constitution,” Ocampo said

“Who sanctioned the PNOC to negotiate and forge a deal involving our natural resources?” he asked.

“It appears that the three corporations were on their own in the negotiations, if negotiations ever occurred, and the government’s role was reduced to a simply ministerial function,” Ocampo said.

He said that “as long as the Arroyo government keeps on concealing the agreement, and ridiculously defend it before the media citing its very own provisions, the people will never stop raising questions.”

“The Constitution is very strict on this. Our natural resources must be under full State control and the only the President can approve such deals,” Ocampo said. “Granting that the JMSU documents are commercial papers, they still undermine the Constitution.”

Ocampo maintained that the JMSU with China and Vietnam violated Article 12, Sec. 2 of the 1987 Constitution on National Economy and Patrimony.

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.”

On the Archipelagic Baselines Bill

Ocampo also backed committee on foreign affairs chair Rep. Antonio Cuenco’s “Option 4″ proposal enclosing the Scarborough Shoal and Kalayaan Group of Islands in our archipelagic baselines in contrast with Malacanang’s “Option 2″ declaring Spratlys as a mere “Regime of Islands”.

“Obviously, Malacanang is now using the JMSU as an excuse to surrender our claims in the Spratlys,” Ocampo said. #

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