China on Thursday reaffirmed its commitment to joint maritime exploration with the Philippines in the South China Sea despite a decision by the Supreme Court striking down as unconstitutional a 2005 deal among the Philippines, China and Vietnam.
The Department of Foreign Affairs (DFA), for its part, said it is setting the parameters to guide negotiations on oil and gas following the Supreme Court ruling.
“China remains committed to properly handle maritime disputes in the South China Sea with countries directly concerned, including the Philippines, through dialogue and consultation, and to actively explore ways for practical maritime cooperation including joint exploration,” China’s spokesman for its Ministry of Foreign Affairs, Wang Wenbin, said in a press conference in Beijing.
Wang also recalled President Ferdinand Marcos Jr.’s recent state visit to China, where he and Chinese President Xi Jinping discussed joint exploration.
Wang said the Tripartite Agreement for Joint Marine Seismic Undertaking in the Agreement Area in the South China Sea in 2005 among the three Asian countries, which the high court declared unconstitutional, “was an important step by the three countries to implement” the Declaration of Conduct in the disputed waters.
Wang added the pact is “a useful experiment for maritime cooperation between parties to the South China Sea.”
“It played an important role in promoting stability, cooperation and development in the region,” he said.
In a message to reporters, the DFA said it is carefully studying the Supreme Court decision striking down the Joint Marine Seismic Undertaking of the three countries to look for oil in the West Philippine Sea under the country’s jurisdiction.
“The department’s actions and policy recommendations are, at all times, anchored on the Philippine Constitution and laws,” DFA spokesperson Teresita Daza said.
“Cases decided by the Supreme Court form part of the legal system, and the department is duty-bound to take applicable cases into consideration in any future discussion with China on oil and gas,” she added.
Daza noted that it was premature to discuss the case’s legal implications on any future agreement with China because substantive discussions have yet to begin.
During President Marcos’ meeting with Xi, both leaders agreed to resume discussions on joint oil and gas exploration in the West Philippine Sea.
In a joint statement, both countries agreed to “bear in mind the spirit” of the Memorandum of Understanding on Cooperation on Oil and Gas Development between the Government of the People’s Republic of China and the Government of the Republic of the Philippines which was signed in 2018.
Senate President Juan Miguel Zubiri has recommended to the Executive Department to thoroughly study the Supreme Court’s decision.
On Jan. 9, 12 of the 15 Supreme Court justices voided the agreement of the national oil companies of the Philippines, China and Vietnam.
Zubiri said this should serve as a guideline in the case of another round of talks over possible joint oil and gas exploration in the West Philippine Sea.
He said the ruling provides that only Filipinos should explore or conduct exploration inside the exclusive economic zone (EEZ).
Due to this, he urged Executive Secretary Lucas Bersamin to study the Supreme Court ruling so as to offer the President “good advice.”
At the same time, Zubiri also suggested to the executive to consider oil exploration in other parts of the country and not just focus on the West Philippine Sea.
“We have other opportunities. I do not know why we are always concentrating on the West Philippine Sea… We can continue to explore down south,” Zubiri said.
He said it is likely that there can be oil in the Sulu Sea, near Malaysia and Indonesia, which are rich in oil.