1987 Constitution a ‘stumbling block’ to Phl, China joint oil, gas exploration, Robin says

Senator Robinhood Padilla on Thursday said the “outdated” economic provisions of the Philippine 1987 Constitution are a “stumbling block” to the Philippines and China’s possible joint oil and gas exploration in the West Philippine Sea.

“For so many times, the limitations in our Constitution have been an issue in discussions on oil and gas exploration,” Padilla said in a statement.

“Thus, with the upcoming resumption of the talks, does this mean our DFA is open to amending outdated economic provisions of our Charter, particularly Sec. II, Art. XII that states the exploration, development, and utilization of natural resources shall be under the full control and supervision of the State?” he continued.

Earlier this month, the Department of Foreign Affairs announced that the Philippines and China will hold their “preparatory talks” in Beijing for the possible joint oil and gas exploration in the West Philippine Sea in May.

Padilla, who is pushing for an economic charter amendment through a Constitutional Assembly, also cited the recent Supreme Court ruling which invalidated and declared unconstitutional the 2005 Tripartite Agreement for Joint Marine Seismic Undertaking as one of the “stumbling blocks.”

“Another stumbling block is the decision of our Supreme Court last January, ruling as unconstitutional the Joint Marine Seismic Undertaking,” he said, referring to a tripartite agreement signed by former President Gloria Macapagal-Arroyo that allowed the Philippines with China and Vietnam to conduct explorations for oil resources in the South China Sea.

Padilla stressed that time should not be wasted in amending the Constitution.

“There is no time to lose. Filipinos have long felt the effects of a shortage of oil: joblessness, lack of sufficient income, and rising transport costs and prices of basic goods,” he said.

“Because of these, I am one with those hoping for the success of the discussions, as well as a solution between the Philippines and China to end the suffering of ordinary Filipinos,” he added.

The DFA previously said that the Philippines is open to restarting negotiations with China, so long as discussions fall within the limits stipulated in the 1987 Constitution of the Republic of the Philippines.

In 2018, the Philippines signed a memorandum of understanding with China on joint oil and gas development in the West Philippine Sea during the administration of then-President Rodrigo Duterte.

However, Duterte, a week before stepping down from office in June last year, ordered then Foreign Affairs Secretary Teodoro Locsin Jr. to terminate the discussion on joint exploration with China, citing that “three years on and we had not achieved our objective of developing oil and gas resources so critical for the Philippines but not at the price of sovereignty; not even a particle of it”.

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