Party-list groups ask SC to issue TRO vs JMSU

MANILA, Philippines - Party-list groups on Wednesday questioned before the Supreme Court the constitutionality of the controversial Joint Marine Seismic Undertaking (JSMU) in the hotly contested Spratly Islands that the country entered with China and Vietnam. In their 55-page petition, the groups – Bayan Muna, Gabriela and Anakpawis – asked the SC to issue a temporary restraining order and/or preliminary injunction enjoining the government from further implementing the agreement. Named respondents in the suit were President Gloria Macapagal Arroyo, Executive Secretary Eduardo Ermita, Foreign Affairs Secretary Alberto Romulo, Energy Secretary Angelo Reyes, and the Philippine National Oil Company (PNOC). The petitioners said that respondents committed grave abuse of discretion in entering into the tripartite agreement “which had the effect of selling to China and Vietnam the country’s potential petroleum resource within the agreement area; the clear and undisputed archipelagic waters and claimed land territories.” They said the tripartite agreement violates Article 12, Section 2 of the Constitution since it allows the large-scale exploration of petroleum and other mineral oils by corporations wholly-owned by foreign states. Under the said provision, “exploration, development, and utilization (EDU) of natural resources shall be under the full control and supervision of the State.” The controversial agreement was entered by the government through the state-owned PNOC, along with the China National Offshore Oil Corp. and the Vietnam Oil and Gas Corp. “Petitioners maintain that regardless of whether or not the State has such full control and supervision, the tripartite agreement itself, its execution, and its continued implementation are still unconstitutional for the simple reason that the co-equal parties of the PNOC in the joint venture, joint undertaking, or joint partnership in the large-scale exploration of our petroleum and other mineral oils are aliens or foreign-owned corporations -- CNOOC and Petro Vietnam -- and worse, corporations wholly-owned by foreign countries,” the groups said in their petition. The petition further stated that the government may only undertake EDU activities by itself, directly and solely or by co-production, joint venture or production sharing agreements with Filipino citizens or corporations, at least 60 percent of the capital of which is owned by Filipino citizens. According to the constitution, for large-scale EDU of minerals, petroleum and other mineral oils, the President may enter into agreements with foreign-owned corporations involving either technical or financial assistance. “Evidently, the tripartite agreement does not involve either technical or financial assistance for large-scale exploration of petroleum or other mineral oils within the contemplation of the 1987 Philippine Constitution,” the petitioners claimed. - GMANews.TV