SC asked to void JMSU pact

MANILA, Philippines – Seven lawmakers asked the Supreme Court yesterday to void the Tripartite Agreement for Joint Marine Seismic Undertaking (JMSU) in the South China Sea among the Philippine National Oil Co. (PNOC), China National Offshore Oil Corp., and Vietnam Oil and Gas Corp.

Named respondents are President Arroyo, the Secretary of the Department of Foreign Affairs, the Secretary of the Department of Energy, the PNOC Exploration Corp. and the PNOC.

The 55-page petition was filed by Bayan Muna Representatives Satur Ocampo and Teodoro Casiño, Gabriela Representatives Liza Maza and Luzviminda Ilagan, Quezon Rep. Lorenzo Tañada III, Bukidnon Rep. Teofisto Guingona III, and the late Anakpawis Rep. Crispin Beltran.

The lawmakers also asked the SC to stop the respondents from further implementing the agreement to avoid  “grave and irreparable injury” to the country’s economy and patrimony, national sovereignty, territorial integrity and national interest.

“Grave and irreparable injury results to the petitioners and to the whole country as the state is not able to protect and preserve and, in fact, sells out to foreign countries, its sovereignty, territory, and interest by the continued implementation of the Tripartite Agreement,” read the petition.

The lawmakers said the Constitution only allows the exploration, development and utilization of natural resources by the State in co-production with Filipino citizens or corporations with at least 60 percent of the capital owned by Filipinos.

“Given the extent and coverage of the Tripartite Agreement (JMSU), and the factual nature of undertaking, which is the collection and processing of 2D and/or 3D seismic lines within the agreement area for a joint exploration of petroleum resource potential by the parties, the State compromises and bargains away its national economy and patrimony, national sovereignty, territorial integrity and national interest,” read the petition.

The lawmakers said by entering into the agreement, the state “sold out” to the other parties the country’s potential petroleum resource within the agreement area, the country’s “clear and undisputed” territories, archipelagic waters, territorial sea, and exclusive economic zone.

“The Philippines has no control and supervision over the exploration of our petroleum and other mineral oils under the Tripartite Agreement,” read the petition.

“How could the state (Philippines) assert such full control and supervision under the Tripartite Agreement (JMSU) when the other co-equal parties thereto are aliens – being corporations wholly-owned by foreign countries – and whose authority to enter into such agreement and their continued participation thereto, was, is, and will always be subject to the concurrence and approval of the governments of the said foreign countries, namely China and Vietnam?”

The lawmakers said seismic work, survey or mapping is an exploration method which is done immediately prior to the drilling stage of the exploration process of petroleum and other mineral oil. — Mike Frialde, Marvin Sy, Joyce Racoma, Alexis Feliciano