60-40 sharing with China not illegal – Palace

Malacañang found nothing illegal with President Duterte’s proposed 60-40 sharing arrangement with China on the planned exploration of the South China Sea (West Philippine Sea).

Presidential Spokesman Harry Roque affirmed that the President is allowed to pursue such exploration deal with China, citing a 2004 Supreme Court (SC) decision related to the government’s share in mineral resource exploration.

“Under La Bugal the President is allowed. Yun nga ang pagkakamali ng mga self-professed and proclaimed experts, basahin ninyo La Bugal vs. Department of Environment and Natural Resources. Allowed na po yan (That’s the mistake of self-professed and proclaimed experts. You should read the La Bugal vs. Department of Environment and Natural Resources. That’s allowed),” he said during a Palace press briefing the other day.

However, the government must provide Congress a copy of the agreement as required by law, Roque said.

“Ang requirement ng Saligang Batas lang bigyan ninyo kami ng kopya ang… ang Kongreso ‘pag meron na kayong kasunduan na nakasulat (The only requirement of the Constitution is to give Congress a copy once there’s a written agreement),” he said.

“Yung mga nagsasabi na illegal ’yan basahin ang kaso ng La Bugal at kung ayaw niyong basahin wala na akong magagawa (Those saying it is saying that's illegal, better read the La Bugal case. If you don't want to read it, I can't do anything about it),” he said.

In January 2004, the SC initially nullified provisions of the country’s mining law, which allowed foreign mining firms to operate in the country. The court reversed its decision on appeal by December that year.

President Duterte earlier said the Philippines could forge a 6040 sharing scheme with China on the proposed sea exploration amid improving ties between the two nations. The President opted to pursue the joint exploration proposal rather than wage war with China over the disputed territory.