Palace says PH is in control on joint exploration with China

FILE: Presidential Spokesman Harry Roque, Jr. (PCOO Photo)

The Philippines will be in control in case the joint exploration with China in Service Contract (SC) 57 materializes, according to the Palace.

Presidential Spokesperson Harry Roque, Jr. stressed in a press briefing on March 5 that because SC 57 is still within the Philippine exclusive economic zone, the Philippine government will be the one in control of the operations of the exploration.

“Well they can participate in explorations and exploitation provided, as the decision says we have ultimate control over the exploration and the development,” Roque said.

He also read a part of the digest – the rationale of the Court in the Case of La Bugal versus Ramos, “Given the inadequacy of Filipino capital and technology in large scale mining activities, the State may secure the help of foreign companies in all relevant matters especially financial and technical assistance provided that the State maintains its full right of control.”

“The key is that the State must exercise full control and supervision over the exploration, development and utilizations of natural resources,” Roque added.

However, he said that this is not the case with SC 72.

“They will absolutely be subject to Philippine Law, if it is 57. As to 72, the agreement on joint exploration will be governed by international law, because there has to be a treaty to be signed between the Philippines and China first on the joint exploration before it can be implemented by juridical entities of the contracting states,” Roque said.

The spokesperson also prepared a PowerPoint presentation, citing different joint explorations of other countries, defending that these explorations are not ‘new.’ The media asked him about maritime law expert Dr. Jay Batongbacal’s comment that foreign corporations are needed for the exploration so ‘they can be prevailed upon by the state laws.

“I am not disputing that. But they are wrong in saying it’s not allowed under our Constitution. And they are also wrong in saying that you’re compromising sovereignty. Our point being, it’s being done,” Roque explained.