SC declares unconstitutional 2005 joint deal among PH, China, Vietnam on oil exploration

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The Supreme Court on Tuesday, Jan. 10, declared void and unconstitutional the 2005 Tripartite Agreement for Joint Marine Seismic Undertaking among China National Offshore Oil Corporation , Vietnam Oil and Gas Corporation , and Philippine National Oil Company on 142,886 square kilometers in the South China Sea.

The JMSU was questioned before the SC in 2008 by a group of then Bayan Muna Party-List Reps. Neri Colmenares, Satur C. Ocampo and Teodoro A. Casino. The government at that time countered that Section 2, Article XII of the Constitution was inapplicable as the said provision contemplates EDU of natural resources, whereas the JMSU only involves pre-exploration activities.

Thus, the SC said, “it is clear that the JMSU was executed for the purpose of determining if petroleum exists in the Agreement Area,” the PIO also said.

 

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