60-40 ratio not what decides whether PHL is giving up sovereignty — expert

Maritime law expert Jay Batongbacal sees no issue with the 60-40 split in the proposed joint exploration of natural resources between the Philippines and China in the West Philippine Sea.

Batongbocal, the director of the University of the Philippines Institute for Maritime Affairs and Law of the Sea, said in an interview in Balitanghali on Wednesday that the formula is actually within the Constitution.

"Yung 60-40, yung formula na yun, nasa Constitution natin yun, nasa 60-40 yung hatian sa mga production ng mga natural resources. Kung yung 60-40 yung usapan, hindi naman yun unusual para sa atin," he said.

He said that it is part of the Philippines' sovereignty if it wants to "give up a part of the area" to another country.

"Kasama yan sa sovereignty mo if you want to give up a part of the area to somebody else, that's always within your sovereignty. Kaya nga hindi dapat ang 60-40 ang ating titignan, kung hindi ang kabubuuan ng agreement na kalalabasan ng usapan na to," he said.

The 60-40 ratio would not be what dictates whether or not the Philippines is giving up its sovereign rights, he added.

He said that the ratio should be looked at in the context of the entire written agreement between China and the Philippines.

"Pero kasi itong usapin ng hatian, whether it's 60-40 on profit or not, kahit pa maging 90-10 'yan or 100-0, hindi 'yan ang magde-determine kung nagsu-surrender tayo ng ating sovereign rights or any of our claims sa West Philippine Sea," he said.

"Hindi 'yan lang. Kailangan makita 'yan in the context of the other provision ng buong agreement, ng buong kontrata," he added.

Foreign Affairs Secretary Alan Peter Cayetano said the 60 percent would be for the Philippines while the remaining 40 would be for China, but there is still no final region in the West Philippine Sea in which the possible joint exploration will be conducted.

"That's our starting proposition and our Chinese counterparts are open to it,” he said, adding that authorities are still creating the framework agreement for the possible joint exploration.

Batongbocal also said that this is the first agreement that the Philippines has with another sovereign state that likewise has a claim on the West Philippine Sea. The country only ever had contracts with private companies regarding the waters' profits.

He said that the Philippines should tread carefully in conducting the negotiations and writing the agreement. — Jessica Bartolome/BM, GMA News