Philippines still open to joint exploration with China if legal terms met

MANILA, Philippines, March 8 ------ Despite rising maritime tensions with China, the Philippines is keeping the door open for possible joint oil and gas exploration with Beijing in the South China Sea. Foreign Affairs Secretary Enrique Manalo said while government-level talks last year ended without an agreement, the Philippines remains open to future negotiations. "As far as the government level is concerned, we've had some talks last year, but unfortunately, there was no agreement," Manalo said in an interview with NewsWatch Plus.  

While the Philippines has not "closed the door on possible talks in the future," Manalo believes that negotiations must be done with both parties meeting "legal conditions." "We have to bear in mind, in order for the talks to be successful, our positions have to be satisfied. Especially our legal conditions should be there, [these] should be satisfied," Manalo said. "So I think we're open, but it still has to be negotiated," he added. Manalo also indicated that while official government negotiations had stalled, there might be ongoing discussions at the private level, stating: "... (As) far as I know, I think maybe (the) private groups have been talking." 

Past attempts. Last year, the Supreme Court affirmed with finality its January 2023 decision declaring that the 2005 joint oil exploration agreement among the Philippines, China, and Vietnam in the South China Sea was unconstitutional.  

The court ruled that the Tripartite Agreement for Joint Marine Seismic Undertaking (JMSU) violated constitutional provisions on how the Philippines can develop its natural resources. This agreement, signed during the Arroyo administration, covered approximately 142,886 square kilometers in the disputed waters, with an estimated 80% falling within the Philippines' exclusive economic zone. In its ruling, the Supreme Court specifically noted that the JMSU did not comply with any of the four modes for resource exploration allowed under the 1987 Constitution. These modes include direct exploration by the state, joint ventures with Filipino citizens or qualified corporations, small-scale utilization by Filipino citizens, or agreements with foreign corporations involving technical or financial assistance. The petition against the JMSU was originally filed in 2008 by several lawmakers, including then-Bayan Muna Party-List Representatives Satur Ocampo and Teodoro Casino, who argued that the agreement compromised Philippine sovereignty and resource rights without adequate protections. 

Despite China's escalatory actions at sea, Manalo stressed that disengagement from Beijing is not the answer to the complex relationship between the two countries. The DFA secretary highlighted the Philippines' strategy of building resilience through diversifying partnerships. He noted ongoing efforts to strengthen ties with countries beyond China. "What the Philippines is doing, actually, is ensuring that we have the resilience and adaptability in the event of any unforeseen, let's say, action taken by any country," Manalo said in the same interview. 

Manalo pointed to deepening relationships with regional partners like Australia, New Zealand, Vietnam, and Japan, as well as negotiations for a free trade arrangement with the European Union. When asked about the current level of infrastructure investments from China, Manalo acknowledged some slowdown but insisted this was due to technical considerations rather than diplomatic tensions. "It's stopped a bit," Manalo said. "Trade-wise, it's continuing, of course. They're still, as I said, our number one partner," he added. 

The Foreign Affairs Secretary clarified that there has been "no change in the economic policy" toward China, emphasizing that investment decisions are based on economic factors. "It's really more on the type of investments and how efficient they are," he said. "You choose the investment which is the most technically sound and the most financially feasible." 

The territorial dispute between the Philippines and China has intensified in recent months, expanding beyond maritime collisions to include accusations of airspace violations. On February 18, a Chinese military helicopter flew dangerously close to a Philippine patrol plane and hovered up to three meters above the Cessna aircraft. The incident prompted statements of condemnation from the Philippines' maritime council and the DFA. The PCG called it one of Beijing's most aggressive actions so far in its attempt to assert its claims in a disputed area in the South China Sea.  

Source: philstar.com