The Supreme Court on Tuesday declared as unconstitutional the 2005 Tripartite Agreement for Joint Marine Seismic Undertaking (JMSU) among China National Offshore Oil Corp. (CNOOC), Vietnam Oil and Gas Corp. (PETROVIETNAM), and the Philippine Natio-- READ:
National Offshore Oil Corp. , Vietnam Oil and Gas Corp. , and the Philippine National Oil Company covering 142,886 square kilometers in the South China Sea.
The agreement to restart talks with Beijing for a possible joint exploration was reached during the bilateral meeting of President Ferdinand Marcos Jr. with Chinese President Xi Jinping last week, according to Energy Secretary Raphael Lotilla.Chief Justice Alexander G. Gesmundo and 10 other justices concurred in the decision. Associate Justices Amy C. Lazaro-Javier and Rodil V. Zalameda dissented, while Associate Justice Ramon Paul L. Hernando was on leave and did not take part.
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. “That the Parties designated the joint research as a ‘pre-exploration activity’ is of no moment. Such designation does not detract from the fact that the intent and aim of the agreement is to discover petroleum, which is tantamount to exploration,” it added.
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