SC urged to rule on 10-year-old petition on joint seismic deal between Philippines, China, Vietnam

November 21, 2018

Militant partylist Bayan Muna on Wednesday asked the Supreme Court to rule on a 10-year-old petition assailing the constitutionality of joint marine seismic undertaking agreement during the administration of former President and now House Speaker Gloria Macapagal - Arroyo in 2005.

In an 12-page motion, Bayan Muna chairman Neri Colmenares called upon the High Tribunal to decide on their 2008 petition challenging the legality of the agreement.

Bayan Muna said the SC should rule on the case to effectively block the joint exploration agreement on the West Philippine Sea signed by President Duterte with Chinese President Xi Jinping.

Bayan Muna alleged that this agreement is "unconstitutional like the JSMU ( Joint Seismic Marine Undertaking), considering the pronouncements from Malacañang that the government will agree to a 60-40 sharing deal, contrary to the constitutional mandate that 'the exploration, development, and utilisation of natural rejoices shall be under full control and supervision of the State."

"Any joint exploration with any foreign country or entity that allows almost absolute control over the benefits of the exploration to such foreign country or entity is detrimental to the Filipino people and therefore must not be allowed," the motion stated.

The group said the latest agreement "further weakened" the territorial claims of the country in the South China Sea despite its victory in the protest against China before the United Nations-backed Permanent Court of Arbitration in 2016.

Bayan Muna said while the Arroyo deal expired in July 2008, petitioners urged the high court to still rule on the constitutional issues raised in the petition which remain relevant in the Duterte administration. DMS