Senate Energy committee Sec. Sherwin Gatchalian said the Supreme Court (SC) decision that voided the 2005 joint oil and gas exploration agreement between the Philippines, China, and Vietnam may have also dimmed the prospect of a similar deal between Manila and Beijing.
He noted that the Court ruling on the Joint Marine Seismic Undertaking (JMSU) indicated that any activity whether it is on the pre-exploration or in the main exploration is already considered an “exploration.”
“And if you are going to explore, develop and utilize resources under our exclusive economic zone, also within our territorial jurisdiction, it should be under full control and supervision of the state which is the Philippines. So meaning any activity there, our government should be the one revising and it should be under our local laws and constitution,” Gatchalian explained.
He said the SC sets up parameters for any joint exploration that will be undertaken by other countries, and not just China. “But it’s just a parameter and it will now guide the potential joint exploration that is being discussed between the Philippines and China,” he also said.
The senator likewise divulged that personally, he is not so optimistic that the country can move forward with this joint exploration with China.
Gatchalian also said the Philippines can pursue other partnerships with another country that would be able to abide by the SC decision.
“If you look at Malampaya, it is run by Europeans and Americans. And the Malampaya project is being governed by PD 87, which is the oil and gas, local oil and gas law of the country and it’s also compliant to our constitution. So yes, we can, but the West Philippines issue is much more complex because China is claiming it, and that becomes an uncertain factor in terms of how to move forward with oil and gas exploration.”
Gatchalian however said the Philippine will not be able to afford a solo exploration and that the government does not have the technical capability, nor the capital.
Sen. Risa Hontiveros meanwhile said the plan of the government under the current administration for the JMSUJoint Marine Seismic Undertaking (JMSU) with China and Vietnam serious constitutional issues.
“Of course, the decision is not yet final, but whatever the final outcome of the case is, the Court’s opinion on the matter should be respected,” Hontiveros said
At the very least, she noted that this forces the government to proceed prudently by, among others, choosing its partners carefully.
To cope with depleting energy and the rising costs that come with it, she believes It’s time to re-think the EPIRA and the way the energy industry is organized.
Hontiveros said as stated by the Department of Energy (DOE), she agrees with this-the development and optimal use of the country’s renewable energy resources is central to the Philippine’s sustainable energy agenda.
She said renewable energy is an essential part of the country’s low emissions development strategy and is vital to addressing the challenges of climate change, energy security, and access to energy.
According to Hontiveros, negotiations on oil and gas exploration in the South China Sea (SCS) or West Philippine Sea (WPS) have long been at a stalemate due to the failure to find a compromise.
“Are there any plans on your side to pitch for amendments under the constitution to pursue this venture? “ she asked.
LIf yes, which provisions do you plan to amend? What are the specific details? If not, why? What do you think of bills filed for this purpose?” She further questioned.
Hontiveros said we have no such proposal at this time. However, she assured to seriously consider the merit of any bills filed for this purpose.