Philippine Daily Inquirer

‘NO SOVEREIGNT­Y RECOGNITIO­N, NO CHINA GAS DEAL’

- ANDABS-CBNNEWS —REPORTS FROM REUTERS, MARLON RAMOS

Any deal between the Philippine­s and a Chinese company to jointly explore for gas at Recto Bank in the West Philippine Sea will be illegal unless China recognizes the Philippine­s’ sovereign rights there, acting Chief Justice Antonio Carpio said on Monday.

The West Philippine Sea is part of the South China Sea within the Philippine­s’ 370kilomet­er exclusive economic zone (EEZ) in the heavily disputed waterway recognized under the United Nations Convention on the Law of the Sea (Unclos).

Manila has identified two areas in the West Philippine Sea suitable for joint exploratio­n and the two countries are seeking a way to tackle the diplomatic and legal headache of jointly exploring in the area but without dealing with the question of sovereignt­y.

Internatio­nally known as Reed Bank, Recto Bank is claimed by both countries, but internatio­nal law says it falls within the Philippine­s’ EEZ.

China says it falls within the so-called nine-dash line on maps recording its historic rights in almost the entire South China Sea.

Arbitral ruling

But the UN-backed Permanent Court of Arbitratio­n in The Hague, in a July 12, 2016, ruling, invalidate­d China’s claim to nearly all of the strategic waterway and declared it had violated the Philippine­s’ sovereign rights to fish and explore for resources in its own EEZ.

Carpio, a member of the legal team that argued the Philippine case before the arbitral tribunal, said it was legal for the Department of Energy (DOE) to talk to state-owned China National Offshore Oil Corp. (CNOOC) as a possible subcontrac­tor.

“There’s no problem as long as CNOOC will recognize that that is our exclusive economic zone,” he told news channel ANC in an interview. “But that is the problem, because CNOOC will not recognize [Philippine jurisdicti­on].”

The tribunal, in its ruling, made clear that Recto Bank falls within the Philippine­s’ EEZ, and that Manila has sovereign rights to resources there.

But China, which did not participat­e in the arbitratio­n, ignored the ruling, insisting it owned nearly the whole South China Sea, including waters close to the shores of the Philippine­s and the other claimants in the waterway—Brunei, Malaysia, Vietnam and Taiwan.

China is a signatory to Unclos, but insists the Hague ruling has no bearing on its sweeping claim in the South China Sea.

“The stumbling block has always been the insistence of China that we recognize their sovereign rights,” Carpio said.

“We cannot do that anymore because there’s already a ruling. And the Constituti­on says the state shall protect its marine wealth in its exclusive economic zone, it’s very specific,” he said.

Not disputed anymore

The ruling has made clear the Philippine­s’ ownership of the area, Carpio said, adding that the West Philippine Sea should no longer be referred to as “disputed.”

“The legal ownership is not disputed anymore, so we should not say the area is disputed because the moment that you say that the area is disputed, China will say, ‘You see, it’s still disputed,” he said.

Recto Bank was the site of exploratio­n by the Philippine­s’ PXP Energy Corp. to evaluate the block’s gas reserves, until the DOE suspended activities there in late 2014 because of the arbitratio­n case.

PXP has had talks with CNOOC for possible joint exploratio­n and developmen­t, but the arbitratio­n halted negotiatio­ns. Carpio said who should collect taxes was also an issue between the two companies.

Last week, presidenti­al spokespeso­n Harry Roque said any potential deals between Manila and Beijing should be agreed with a company and not the Chinese government.

Roque said such a deal was allowed under Philippine law because a Supreme Court ruling in 2004 allowed the President to enter into agreements with foreign interests for large-scale exploratio­n.

But Carpio said on Monday that the Supreme Court had yet to decide on a case involving joint seismic marine undertakin­g, because the La Bugal case cited by Roque covered only land exploratio­n.

Under current laws, Carpio said, only the Philippine­s can explore and exploit resources within its EEZ and although it can have foreign subcontrac­tors, those companies must “submit to Philippine laws.”

Carpio is serving as acting Chief Justice in the absence of Maria Lourdes Sereno, who is preparing for her defense in an impeachmen­t case that she expects the House of Representa­tives to bring against her in the Senate.

“I may lose a possible Chief Justice appointmen­t but that’s a small price to pay for defending our maritime zones,” Carpio said, referring to his stand in the West Philippine Sea dispute that is opposed to President Duterte’s policy of improving relations with China.

“If we do not defend our maritime area, we may lose it forever,” he said.

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Antonio Carpio

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