The Philippines and China can have joint exploration in the country’s exclusive economic zone even without setting aside the Arbitral Award by the Permanent Court of Arbitration in 2016, former Foreign Affairs secretary Albert del Rosario said on Thursday.
READ: Xi jilts Duterte on sea claim
Del Rosario said President Rodrigo Duterte will not be reneging on his promise to the Filipino people during his October 2016 departure speech for Brunei that he cannot be the “sole authorized agent” to share with the Chinese the country’s EEZ, “which belongs exclusively to the Filipino people.”
“We would like to respectfully emphasize that the President has a choice not to set aside the arbitral ruling ‘to come up with an economic activity’ in our EEZ. If a service contract arrangement is followed, where a Chinese company participates either as an equity holder or a subcontractor, the President would remain faithful to the Constitution and the arbitral ruling,” Del Rosario said in a statement.
“We would like to emphasize that the preservation of our national patrimony, which includes our EEZ, is infinitely more valuable than coming up with an economic activity in the EEZ. The possibility of economic activity in our EEZ is always present; however, when we lose our EEZ, we lose it forever,” the former top diplomat added.
Del Rosario’s position coincided with the earlier opinion of Senior Associate Justice Antonio Carpio, who has been a staunch advocate of asserting the country’s sovereign rights over the West Philippine Sea, that an oil and gas exploration in the WPS with China would be constitutional and consistent with the ruling if Beijing participates, with the suggested 60-40 sharing, through a Philippine service contract.
READ: China dangles 60% oil share
“Our EEZ does not belong to China, but belongs to us Filipinos, our children and to generations of Filipinos yet unborn. As enshrined under our Constitution and as a matter of national honor, we Filipinos have a solemn duty to protect and preserve our country’s rights,” Del Rosario said.
Beijing and Manila are currently working on a deal to explore energy resources in the country’s exclusive maritime economic zone.
Reed Bank, which is within the country’s EEZ under the arbitral ruling but being claimed by China, is said to be among the areas being considered for exploration and development.
Reed Bank is vital to Philippine national interest as it is the only replacement for Malampaya, which supplies 40 percent of the energy requirement of Luzon.
Carpio has warned that Malampaya will run out of gas in less than 10 years and unless the Philippines develops Reed Bank, Luzon will suffer 10 to 12 hours of brownouts daily 10 years from now and that would devastate the economy.
Del Rosario, citing a recent survey, asked the government to heed the sentiments of the people, 87 percent of whom agree that the country “should assert its right to the islands in the West Philippine Sea as stipulated in the 2016 decision of the Permanent Court of Arbitration.”
“We are all familiar with China’s continuing unlawful activities. These include preventing our fishermen from pursuing their livelihood in Scarborough Shoal and in our exclusive economic zone, blocking the Philippine development of our natural resources, destroying elements of the marine environment, erecting military facilities, and ridiculously confronting our President with the threat of war,” Del Rosario said.
The Palace, meanwhile, said the President will not abandon the Hague decision after he said Chinese President Xi Jinping offered the Philippines a 60-percent share of the proceeds of a joint exploration venture if the country sets aside the ruling.
Presidential Spokesman Salvador Panelo said the government will continue to “peacefully” discuss the arbitral award with China while venturing into an oil and gas exploration under a 60-40 sharing deal.
He said the government would “focus [on] other concerns that may mutually benefit the two countries” including the joint oil exploration venture.
Duterte said on Tuesday night: “The exclusive economic zone is part of the arbitral ruling, which we will ignore to come up with an economic activity.”
But Panelo said the President merely meant that they would focus on other things while continuing to talk about the arbitral ruling “peacefully.”
Also on Thursday, Senator Francis Pangilinan urged the government not to surrender to China the hard-fought arbitral ruling on the West Philippine Sea, not even for a controlling stake in a joint exploration project there.
At the same time, Pangilinan questioned the building by a Chinese company of telecommunications towers inside military camps
He said the Philippine government has not only allowed the Chinese telco on its soil but has also laid out the red carpet for Dito Telecoms (formerly Mislatel) inside its military camps.
“Are there no other available sites for their towers? How much are they paying the government for these?” he asked.
“Do we have guarantees that they will not obtain crucial information to the detriment of Filipinos? he also asked.
He said the planned installation of electronic communications inside military camps raises fears of electronic espionage and interference, given the record of some Chinese firms for engaging in this illegal activity.
READ: Government gets seven offers to explore new PH oil and gas fields
