Palace asserts legality of Duterte’s 60-40 offer to China

FILE: Presidential Spokesperson Harry Roque Jr. defended that the President is allowed to offer such deal of sharing with China (PCOO photo)

Malacañang on Monday, April 30, asserts the legality of the President’s proposal of a 60-40 share with China in the two countries’ joint exploration of the West Philippine Sea.

Citing a Supreme Court decision back in 2004, Presidential Spokesperson Harry Roque, Jr. defended that President Rodrigo Roa Duterte is allowed to offer such deal of sharing with China.

“Under La Bugal, the President is allowed. ‘Yun nga ang pagkakamali ng mga (That is the mistake of) self-professed and [self-]proclaimed experts, basahin ninyo (you should read the) La Bugal versus Department of Environment and Natural Resources (DENR) [decision],” Roque said.

The spokesman even challenged those ‘experts’ to read the case.

“‘Yung mga nagsasabi na illegal ‘yan, basahin ang kaso ng La Bugal at kung ayaw ninyong basahin, wala na akong magagawa. Wala pong gamot sa ayaw magbasa ng batas (For those saying that it is illegal, read the La Bugal case, and if you do not want to read, I can no longer do anything. There is no cure for those who do not want to read the law),” he added.

Roque further explained that the only legal requirement is the Congress’ copy.

“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 provide a copy to the Congress once there is a written agreement),” he said.

When asked by the media if Duterte’s offer was discussed in the bilateral meeting with Chinese President Xi Jinping, Roque, who was present during the meeting, said that was not the case.

Duterte made his proposal public last week during one of his speeches in Davao.

“Precisely, I said when the issue of the China Sea, leave it at that. It’s geopolitics. Anyway, China has offered joint exploration and joint operation. I said maybe we give you a better deal, 60-40,” the President said on April 26.

“You cannot go against anybody. You cannot fight there but President Xi is a friend. We’ll share with you and nobody has done that to the Philippines,” Duterte added.

Roque earlier assured that the Philippines will be the one in control for the joint exploration with China.

(Read: Palace says PH is in control on joint exploration with China)

“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 earlier in March.