GOTCHA, Published in The Philippine Star, Wednesday, March 12, 2008
Source: http://www.bosnewslife.com
(Continued from Monday)
The 2004 and 2005 joint exploration pacts with
• “National Territory (Article I) — The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the
• “Declaration of Principles and State Policies (Article II
) — Sec. 7. The State shall pursue an independent foreign policy. In its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.”
• “National Economy and Patrimony (Article XII) - Sec. 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The 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 agreements 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. In cases of water rights for irrigation, water supply, fisheries, or industrial uses other than the development of waterpower, beneficial use may be the measure and limit of the grant.
“The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.
“The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of local scientific and technical resources.
“The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty days from its execution.”
• “The Executive Department (Article VII) — Sec. 21. No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the members of the Senate.”
The 2004 RP-China pact originally was billed “joint exploration.” Then-presidential legal counsel Merceditas Gutierrez (now Ombudsman) found it to break the Constitution. It was changed to “An Agreement for Joint Marine Seismic Undertaking in Certain Areas of the
“Seismic” still pertained to exploration, which the Charter forbids unless under stringent conditions. So when
That 2005 pact stated from the start: “Signing of this Agreement shall not undermine the basic position held by the government of each Party on the
Still, the rest of the pact contains “treason” and “sellout”, according to critics. Among the telling provisions:
• “Whereas, the Parties expressed desire to engage in a joint research of petroleum resource potential of a certain area of the
This allegedly reveals the aim of exploration, only worded as “pre-exploration” to avoid RP constitutional entanglements.
• “Whereas under authorization of the Philippine Government, PNOC has the exclusive right to sign this Agreement with CNOOC and PetroVietnam for a joint marine undertaking within the Agreement Area.”
Palace lawyer Sergio Apostol tries to make it look as if signatory PNOC president Eduardo Mañalac had no official order from the President to ink the pact. This proviso indicates that PNOC, part of the executive branch under the energy department, had consent from higher-ups.
• “Financing (Article 3) — Each party shall be responsible for the costs of its own personnel ... (to) include but not be limited to salaries or wages, allowance, expenses for travel and accommodation ... Expenses incurred in carrying out the activities ... shall be shared by the Parties in equal shares.”
To date $16 million reportedly has been spent on the exploration. Meaning, the deal was consummated, contrary to Malacañang denials. Yet the President never submitted the pact for congressional approval.
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