SC ruling on JMSU still relevant with PH-China joint exploration in works, says petitioner

The Supreme Court's decision declaring unconstitutional the Philippines' Joint Marine Seismic Undertaking in 2005 with China and Vietnam in the South China Sea remains relevant even after the JMSU expired in 2008, a petitioner in the case has said.

Former Bayan Muna Representative Teddy Casino said the ruling remained pertinent in the wake of renewed plans for the Philippines to take on joint oil and gas exploration with China in the resource-rich waters.

“Although it took 14 years for the Court to resolve the case, the ruling is as relevant as ever considering [President Ferdinand Marcos Jr.]'s plan to enter into a joint exploration of the West Philippine Sea (WPS) to China,” Casiño said on Twitter.

“May this be a warning to Mr. Marcos not to trifle with the constitutional provisions that reserve the exploitation of our natural resources exclusively to Filipinos and under the full supervision and control of the Philippine government,” he said.

GMA News Online has sought Malacanang's comment as regards the Supreme Court's recent ruling on the JMSU and Casino's remarks and will publish its remarks on the issue once they are available.

Marcos in Beijing said the Philippines and China would continue negotiations as regards joint oil and gas explorations in the South China Sea.

Asked if the ruling on the undertaking will have any effect on the joint exploration the Philippines is now negotiating with China, SC spokesman Atty. Brian Hosaka said, "The court cannot speculate on that."

"The decision was in connection to the 2005 JMSU," Hosaka said.

Bayan Muna Chairperson Atty. Neri Colmenares said he had yet to read the SC decision but said the petition argued that the corporations involved in the deal should be “at least 60% Filipino-owned and the exploration of our natural resources must be under the control and supervision” of the Philippines.

“If other countries or transnational corporations are willing to agree to such a constitutional requirement then the Marcos government may argue that it falls outside the ambit of the decision,” Colmenares told GMA News Online.

“If, however, China insists on its claim of ownership of WPS then it is unconstitutional. China has to accede to our Constitution if it wants to have joint exploration in our territory or territorial claim,” he added.

The JMSU is an agreement by the Philippine National Oil Company, the China National Offshore Oil Corp., and the Vietnam Oil Gas Corp. as regards oil exploration in 142,886 square kilometers of the South China Sea.

It expired on June 30, 2008.

The SC en banc has ruled that the deal was unconstitutional as it allowed wholly-owned foreign corporations to explore the country’s natural resources. —NB, GMA Integrated News