‘Joint dev’t with China means PHL conceding sovereignty over isles’

The joint development with China of disputed territories in the South China Sea means conceding the Philippines' sovereignty over those formations, Senior Associate Justice Antonio Carpio warned on Tuesday.

Carpio made the remark after special envoy Jose De Venecia proposed in China over the weekend that the Philippines and its giant neighbor undertake joint exploration in the Spratly Islands.

President Rodrigo Duterte on Tuesday morning said he wanted to see the benefits of joint exploration for the Philippines before signing off on any such activity in the disputed territories.

Carpio pointed to an entry in the Chinese foreign ministry's website that indicated any nation must first concede sovereignty first before it could have joint projects with China in disputed territories.

"You will see there the concept of joint development and it has several elements. But the most important element with having a joint development with China at the South China Sea is one, you must concede sovereignty to China," Carpio said.

In a speech by Vice Foreign Minister Liu Zehanmin at the Xiangshan Forum in 2014, he said territorial and maritime disputes which do not have quick solutions can be set aside by two parties in order to forge a joint development agreement with Beijing.

"Territorial and maritime disputes bear on countries' fundamental interests and national feelings, and hence are highly difficult to resolve. We should respect international law and historical facts," Liu said in the speech archived in the Chinese Foreign Ministry's website.

"Disputes that do not have quick solutions may be shelved and parties can go for joint development. This would be a good way to narrow differences and create conditions for future resolution," he added.

Liu further boasted that China has a vast experience in "handling boundary and maritime issues in the past six decades."

Carpio refused to further comment on the issue of having joint explorations with China and Vietnam at the South China Sea citing a pending petition before the Supreme Court on the legality of the Joint Maritime Seismic Undertaking (JMSU).

Bayan Muna Rep. Carlos Zarate and former party-list representative Neri Colmenares challenged the JMSU before the SC in 2008.

Both urged the Duterte administration to await the ruling of the SC before having joint explorations with China.

Meanwhile, Carpio mentioned the joint exploration between Forum Energy Philippines Corporation and China National Offshore Oil Corporation (CNOOC) for gas prospects in the Reed Bank.

Philex Petroleum Corp. led by Manuel V. Pangilinan holds a majority stake of London-based Forum Energy.

He said CNOOC invoked that aside from having 50 percent ownership of the company, China must also have sovereign rights over Reed Bank.

"CNOOC wanted to include in the agreement that it has sovereignty," Carpio said.

"When Forum Energy tried to negotiate with CNOOC, that was the sticking point, they agreed on the commercial issues but they bugged down on the sovereignty issue," he added.

Pangilinan had earlier said Forum Energy is seeking to resume the talks with CNOOC over the joint exploration, citing the “more friendly” stance of Duterte with China. —NB, GMA News