Friday, January 27, 2023
manilastandard.net
ADVERTISEMENT
  • About
  • News
    • Top Stories
    • National
    • World News
    • Pinoy Abroad
    • Features
  • Opinion
    • Editorial
    • Columns
    • Soundbytes
  • LGUs
    • NCR
    • Luzon
    • Visayas
    • Mindanao
  • Business
    • Corporate
    • Economy & Trade
    • Stocks
    • Money
    • Agri & Mining
    • Power & Tech
    • IT & Telecom
  • Sports
    • Basketball
    • Volleyball
    • Fightsports
    • Active
    • Sports Plus
    • One Championship
    • Columns
  • Entertainment
    • TV & Movies
    • Celebrity Profiles
    • Music & Concerts
    • Digital Media
    • Columns
  • Lifestyle
    • Food
    • Culture & Media
    • Fashion
    • Health and Home
    • Leisure
    • Shopping
    • Columns
  • Others
    • Pets
    • Pop.Life
      • Newsmakers
      • Hangouts
      • A-Pop
      • Post Its
      • Performances
      • Malls & Bazaars
      • Hobbies & Collections
    • Technology
      • Gadgets
      • Computers
      • Business
      • Tech Plus
    • MS ON THE ROAD
      • Sedan
      • SUV
      • Truck
      • Bike
      • Accessories
      • Motoring Plus
      • Commuter’s Corner
    • Home & Design
      • Residential
      • Commercial
      • Construction
      • Interior
    • Spotlight
    • Gallery
      • Photos
      • Videos
    • Events
      • Seminars
      • Exhibits
      • Community
    • Biyahero
      • Travel Features
      • Travel Reels
      • Travel Logs
  • Advertise with Us
No Result
View All Result
  • About
  • News
    • Top Stories
    • National
    • World News
    • Pinoy Abroad
    • Features
  • Opinion
    • Editorial
    • Columns
    • Soundbytes
  • LGUs
    • NCR
    • Luzon
    • Visayas
    • Mindanao
  • Business
    • Corporate
    • Economy & Trade
    • Stocks
    • Money
    • Agri & Mining
    • Power & Tech
    • IT & Telecom
  • Sports
    • Basketball
    • Volleyball
    • Fightsports
    • Active
    • Sports Plus
    • One Championship
    • Columns
  • Entertainment
    • TV & Movies
    • Celebrity Profiles
    • Music & Concerts
    • Digital Media
    • Columns
  • Lifestyle
    • Food
    • Culture & Media
    • Fashion
    • Health and Home
    • Leisure
    • Shopping
    • Columns
  • Others
    • Pets
    • Pop.Life
      • Newsmakers
      • Hangouts
      • A-Pop
      • Post Its
      • Performances
      • Malls & Bazaars
      • Hobbies & Collections
    • Technology
      • Gadgets
      • Computers
      • Business
      • Tech Plus
    • MS ON THE ROAD
      • Sedan
      • SUV
      • Truck
      • Bike
      • Accessories
      • Motoring Plus
      • Commuter’s Corner
    • Home & Design
      • Residential
      • Commercial
      • Construction
      • Interior
    • Spotlight
    • Gallery
      • Photos
      • Videos
    • Events
      • Seminars
      • Exhibits
      • Community
    • Biyahero
      • Travel Features
      • Travel Reels
      • Travel Logs
  • Advertise with Us
No Result
View All Result
manilastandard.net
No Result
View All Result
Home Opinion Columns Backbencher by Rod Kapunan

Issues behind the South China Sea (Part 2)

Rod KapunanbyRod Kapunan
November 26, 2022, 12:15 am
in Backbencher by Rod Kapunan, Columns, Opinion
Reading Time: 6 mins read
A A
Share on FacebookShare on TwitterShare on Email

“The Philippines should have asserted jurisdiction over the area when the US was using the Shoal as gunnery range for its aircraft and naval ships operating from Clark and Subic.”

The US did not anticipate China to emerge as a global power to reckon with in the next century.

It took much time for the US to analyze the strategic value of the islands like the Spratly Group of Islands that deprived the Philippines of its 12-nautical mile-limit on the territorial waters under international law.

The 12-nautical mile-limit was superseded by the grant of 200-nautical-mile exclusive economic zone under UNCLOS.

This includes the sovereign right to exploit, develop and harvest the mineral resources within the EEZ.

Previous to this, then senator Arturo Tolentino sponsored in 1973 the archipelagic doctrine paraphrased in the 1973 constitution, to quote in part Article I:

ADVERTISEMENT

“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 the territorial sea, the seabed, the subsoil, the insular shelves, and submarine areas. The waters, around and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the Philippines.”

We opted to demarcate our boundary because many of boundaries were so wide that it allowed foreign ships to traverse our internal waters, thinking that they form part of our open sea.

Indonesia is another country that adopted the archipelagic doctrine, and, just like the Philippines, also ratified the UNCLOS.

Today, the value of these resources has become and strategic, reason why the Philippines found so many claimants that were never anticipated.

These countries include Vietnam, Malaysia, Brunei, and Taiwan.

The mad scramble to secure ownership in the South China Sea became complicated after the UNCLOS was ratified in 1984.

Existing boundaries and treaty limitations were likewise altered.

The discovery of oil and natural gas is the single factor that influenced a change of position of many countries having claims in the South China Sea.

They do not only use it as passageway to cross the Strait of Malacca but also to secure to secure their trade.

The problem of expanding every country’s exclusive economic zone visibly influenced the decision of the Philippines to grant license to service contractors to exploit mineral resources found within our EEZ.

The grant of service contract at 60-40 proposition is in accordance with Section 2, Article XII of the Constitution, and to quote a portion:

“Section 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 for fisheries, or industrial uses other than the development of water power, 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. x x x“

Service contracts, strictly speaking, are demarcated outside the Treaty of Paris signed between the US and Spain.

China is aware of this situation but refused to make an issue over this area and is possibly wondering why the Philippines granted the exploration to foreign oil companies to which it has no claim over the area except as member of UNCLOS.

This explains why China was generous to sign the 60-40 agreement because their claim is only on the basis of the Nine Dash Line which was rejected by the Permanent Arbitration Court but violates our contract with China’s CNOOC.

China has yet to question our awarding of the service contracts entered into with those private foreign oil contractors.

CNOOC would have ignored our contract with those private oil companies.

The benefits they enjoy today are merely derived from those granted to PNOC by China’s CNOOC, and not that CNOOC directly negotiated with these foreign oil companies, contrary to the substance of a government-to-government contract agreed on by PNOC and CNOOC.

Thus, when we entered into a joint exploration agreement with China, we insisted in concluding an agreement based on our Constitution on a 60-40 basis.

We managed to negotiate this agreement with China despite questionable location of the area known as the Reed Bank.

We insisted that the area is within our EEZ.

Nonetheless, China did not make a fuss out of the issue for the fact that it is outside both countries’ EEZ and both ratified the UNCLOS agreement.

Foreign oil companies cannot take this position because the 60-40 oil agreement applies to the government.

Our joint exploration agreement with China was a government-to-government basis, meaning it will be our Philippine National Oil Company that will enter into contract with China’s National Offshore Oil Corporation (CNOOC).

China’s decision to agree to a 60-40 partition was with the thought they were dealing with a government-owned entity.

Unlike our previous agreements with the two foreign oil companies, Chevron and Shell, they granted them a 90 percent share, and the Philippines, through PNOC, got a measly share of 10 percent including the payment of tax for the project.

Our joint oil exploration with China was equitable and complies with our Constitution.

Note that our ratification of UNCLOS allowed us to lay our claim in the South China Sea.

Many countries, even if they were outside the South China Sea, practically amended their territorial seas to avail themselves of the new provision of the EEZ.

Only landlocked states today could not avail themselves of this extended right including right of aerial overflight with permission from host countries.

This also exposed the truth that the so-called “Freedomland” allegedly discovered by Tomas Cloma turned out to be ancient historical islets long in the possession of Chinese fishermen.

Moreover, the standoff between our navy and elements of China’s coast guard at the Scarborough Shoal proved that the area is outside of the country’s exclusive EEZ’s 200 nautical miles.

Scarborough Shoal is about 230 nautical miles from out nearest town of Botolan in Zambales, and about 650 kilometres from the nearest land mass in China.

Many do not understand why we have to wait until such time that China would lay claim to Scarborough or specifically after the Philippines formally filed a case before the Permanent Arbitration Court in 2014.

The Philippines should have asserted jurisdiction over the area when the US was using the Shoal as gunnery range for its aircraft and naval ships operating from Clark and Subic.

The US could have asserted its preponderance in the area when the US bases were still operating them.

Similarly, the US should have revoked the Sibutu Strait as an international passage in 1900.

Alas, the US slept on it rights.

We even lost an island in near the Kalayaan. The largest in the Spratly is about 22 miles (35 km) south-southwest of Philippine-occupied Loaita (Kota) Island and is about 6 miles (10 km) west of Vietnam-occupied Sand Cay.

rpkapunan@gmail.com

Tags: Arturo TolentinoSouth China SeaSpratly Group of Islandss
ADVERTISEMENT
Rod Kapunan

Rod Kapunan

Related Posts

Beijing says one thing and does another

byManila Standard
January 27, 2023, 12:15 am
0
8
Beijing says one thing and does another

Upon his return to the country from a three-day state visit to China where he met with Chinese President Xi...

Read more

Fundamentals of contracts of sale

byTranquil G.S. Salvador III
January 27, 2023, 12:10 am
0
8
Why literature is relevant

"Contracts of sale must comply with the essential requisites of Article 1318 of the New Civil Code" One of the...

Read more

Nuns should also stop meddling in politics

byLouis "Barok" Biraogo
January 27, 2023, 12:05 am
0
8
Anti-Duterte RTC judges seek appointment to CA

"Apparently, pride prevented the nun from apologizing. Incidentally, under Catholic church doctrine, pride is one of the seven deadly sins"...

Read more

No to nefarious NCAP

byErnesto M. Hilario
January 27, 2023, 12:00 am
0
8
Nullity of marriage: a defense in bigamy cases

"The lesson here is this: NCAP, by ‘convicting’ the offender on the basis of video evidence and demanding payment of...

Read more

Dexterous digits at DepEd/DBM

byManila Standard
January 26, 2023, 12:15 am
0
8
Dexterous digits at DepEd/DBM

You can’t say certain officials of the Department of Education and the Procurement Service of the Department of Budget and...

Read more

But will they talk?

byLito Banayo
January 26, 2023, 12:10 am
0
8
A crisis president

"But is the owner of the corporation that sold the laptops untouchable?" The president, justifying his staying on as agriculture...

Read more

Print Edition

View More

Recent Posts

  • Ex-cop arrested after 22 years over Dacer-Corbito murders
  • CA junks plea to lift power rate hike stay
  • Palace rites
  • Slain model had ‘sensitive’ info
    on Durante
  • Philconsa: Give ‘Cha-cha’ a chance
  • PBBM pushes e-visa extension for 4 countries
  • Ex-Enrile staffer Reyes attends PDAF hearing
  • Beijing says one thing and does another

Advertisement

Latest News

PBBM pushes e-visa extension for 4 countries

byVince Lopez
January 27, 2023, 12:30 am
0
8
Arcilla, Kinaadman to dispute Brookside Open title

President Ferdinand Marcos Jr. ordered government agencies on Thursday to act upon the extension of e-visas for Chinese, Indian, South...

Read more

Ex-Enrile staffer Reyes attends PDAF hearing

byManila Standard
January 27, 2023, 12:20 am
0
8
Vax wastage, infection surge feared in Odette-hit areas

Gigi Reyes, the former chief of staff of current Presidential Legal Counsel Juan Ponce Enrile, on Thursday appeared before the...

Read more

Beijing says one thing and does another

byManila Standard
January 27, 2023, 12:15 am
0
8
Beijing says one thing and does another

Upon his return to the country from a three-day state visit to China where he met with Chinese President Xi...

Read more

Fundamentals of contracts of sale

byTranquil G.S. Salvador III
January 27, 2023, 12:10 am
0
8
Why literature is relevant

"Contracts of sale must comply with the essential requisites of Article 1318 of the New Civil Code" One of the...

Read more

Nuns should also stop meddling in politics

byLouis "Barok" Biraogo
January 27, 2023, 12:05 am
0
8
Anti-Duterte RTC judges seek appointment to CA

"Apparently, pride prevented the nun from apologizing. Incidentally, under Catholic church doctrine, pride is one of the seven deadly sins"...

Read more

Advertisement

ADVERTISEMENT
Facebook Twitter Instagram Youtube

ABOUT US

Manila Standard

Manila Standard website (manilastandard.net), launched in August 2002, extends the newspaper’s reach beyond its traditional readers and makes its brand of Philippine news and opinion available to a much wider and geographically diverse readership here and overseas.

Digital Edition

In tone and content, the online edition mirrors the editorial thrust of the newspaper. While hewing to the traditional precepts of fairness and objectivity, MS believes the news of the day need not be staid, overly long or dry. Stories are succinct, readable and written in a lively style that has become a hallmark of the newspaper.

Download – Today’s Paper

Search

No Result
View All Result

6th Floor Universal Re Bldg., 106 Paseo De Roxas cor. Perea Street, Legaspi Village, 1226 Makati City Philippines

Trunklines: 832-5554, 832-5556, 832-5558

© 2021 Manila Standard - Designed and Developed by Neitiviti Studios.

No Result
View All Result
  • About
  • News
    • Top Stories
    • National
    • World News
    • Pinoy Abroad
    • Features
  • Opinion
    • Editorial
    • Columns
    • Soundbytes
  • LGUs
    • NCR
    • Luzon
    • Visayas
    • Mindanao
  • Business
    • Corporate
    • Economy & Trade
    • Stocks
    • Money
    • Agri & Mining
    • Power & Tech
    • IT & Telecom
  • Sports
    • Basketball
    • Volleyball
    • Fightsports
    • Active
    • Sports Plus
    • One Championship
    • Columns
  • Entertainment
    • TV & Movies
    • Celebrity Profiles
    • Music & Concerts
    • Digital Media
    • Columns
  • Lifestyle
    • Food
    • Culture & Media
    • Fashion
    • Health and Home
    • Leisure
    • Shopping
    • Columns
  • Pop.Life
    • Newsmakers
    • Hangouts
    • A-Pop
    • Post Its
    • Performances
    • Malls & Bazaars
    • Hobbies & Collections
  • Technology
    • Gadgets
    • Computers
    • Business
    • Tech Plus
  • MS ON THE ROAD
    • Sedan
    • SUV
    • Truck
    • Bike
    • Accessories
    • Motoring Plus
    • Commuter’s Corner
  • Home & Design
    • Residential
    • Commercial
    • Construction
    • Interior
  • Spotlight
  • Gallery
    • Photos
    • Videos
  • Events
    • Seminars
    • Exhibits
    • Community
  • Biyahero
    • Travel Features
    • Travel Reels
    • Travel Logs
  • Pets
  • Advertise with Us

© 2021 Manila Standard - Designed and Developed by Neitiviti Studios.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Install Manila Standard Web App

Install App