DESPITE opposition to a potential joint exploration of the South China Sea by the Philippines and China, Malacañang on Monday, March 5, insisted that such arrangement has been a "common and accepted practice."
Presidential Spokesperson Harry Roque Jr., in a press conference with Palace reporters, justified anew the Philippines' decision to pursue a joint oil and gas exploration with China, saying that there are also other nations that have entered into such a deal.
He said that even Vietnam, also a claimant to South China Sea, had agreed with its "archrival" China to jointly explore a block in the contested waters.
He said China and Vietnam's joint exploration deal could serve as a "model" for Manila's impending joint venture with Beijing.
"So there (are) actually so many of these kinds of agreements now. It's actually a common, accepted practice for sovereign states to enter into these treaties, allowing joint development and allowing different corporations to enter into service contracts," Roque said.
"All these joint exploration agreements mean that if we ever enter into a joint exploration and development agreement, it wouldn't be the first in the world," he added.
Roque's statement came after acting Chief Justice Antonio Carpio turned down the proposed joint exploration between the Philippines and China in the South China Sea, unless the areas are covered by Philippine laws.
Earlier Monday, Carpio said he would only be amenable to the Duterte government's plan to enter into a joint venture with China, if Beijing will acknowledge that the areas that will be exploited are part of the Philippines' exclusive economic zone.
"The stumbling block has always been insistence of China that we recognize that they have sovereign rights," Carpio said in a television interview. "We cannot do that anymore because there's already a ruling and the Constitution says the State shall protect its marine wealth in its exclusive economic zone."
Malacañang earlier announced that both countries' corporations are expected to jointly explore the areas covered by Service Contracts 57 (Calamian) and 72 (Recto Bank).
This developed after President Rodrigo Duterte said last month that the Philippines will have a "co-ownership" with China when they start the exploration and exploitation of oil and gas reserves in the South China Sea.
In the case of Calamian, an undisputed and acknowledged part of the Philippines' exclusive economic zone, China would only serve as a "foreign entity" that must comply with the Philippine laws, Roque said.
"(Calamian) is not under dispute. We can allow foreign corporations to explore and exploit, if we want to," he said. "They can participate in exploration and exploitation, provided, as the decision says, we have ultimate control over the exploration and development."
Roque said that as for the disputed Recto Bank, the Philippines and China must ratify a bilateral treaty to enable them to engage in joint exploration.
He added that the principle of equality, as provided by international law, must apply to joint ventures in Recto Bank.
"That's on the assumption that (Recto Bank) is contested territory. Of course, our position is it's part of our exclusive economic zone; China claims the same way. And that is why if we enter into an agreement, we'll have to spell out the respective rights and obligations of the parties by way of a compromise," Roque said. (VoxPop Philippines)
