ast Tuesday, as
Filipinos were glued to their radio and TV sets following the latest development
in the great rip-off, which is the NBN/ZTE deal, detained Sen. Antonio Trillanes
IV filed Resolution No. 309 asking the Senate to investigate the agreement
signed by Gloria Arroyo with China in September 2004 to explore areas in the
South China Sea including parts belonging exclusively to the Philippines.
Trillanes’ resolution directs the Committees on
Accountability of Public Officers and Investigations (Blue Ribbon), National
Defense and Security, and Environment and Natural Resources to undertake the
investigation after Malaya came out with a report last week that what Malacañang
once dubbed as a "landmark" agreement to jointly explore parts of the disputed
islands in the Spratlys is actually a "treacherous sellout of Philippine
interest and Philippine sovereignty in exchange fro overpriced loans for
anomalous projects which include the ZTE-NBN deal, the North Rail and South Rail
projects, the Department of Education’s Cyber-Ed project among others."
I’m glad that after four years of disinterest, the very
important South China Sea exploration agreement is on the administration’s
critics’ radar screen. I hope the clamor for transparency in this undertaking
that involves the country’s patrimony and sovereignty becomes compelling.
The renewed interest, sparked by a recent article in the Far
Eastern Economic Review on "Asean: Manila’s Bungle in the South China Sea" by
Brian Wain is timely because the results of the so-called seismic study will
soon be out. A Philippine diplomat said while the Arroyo may have gotten around
the Constitutional prohibition with "seismic study," it would not be easy when
they now go to exploration stage.
When the agreement was still being worked out in 2004, the
term used was "joint oil exploration" and it was to be sold to the public as the
Arroyo administration’s answer to "the problem of soaring oil prices."
Merceditas Gutierrez, then acting justice secretary (now Ombudsman) objected,
citing the Constitutional prohibition that "the exploration, development, and
utilization of natural resources shall be under the full control and supervision
of the State."
A foreign service officer who was involved in that September
2004 China visit of Arroyo remembers being snapped at by then House Speaker Jose
de Venecia when he voiced the DFA’s reservation on the agreement.
Some brilliant minds came up with the idea circumventing the
"exploration" prohibition and used the word "seismic study". Thus, what was
signed was an "Agreement By and Between the Philippine National Oil Company and
the China National Offshore Oil Company on Joint Marine Seismic Undertaking in
the South China Sea" to "gather and process data on stratigraphy, tectonics and
structural fabric of the subsurface of the area."
Later on, Petro Vietnam joined the project after Vietnam, one
of the six countries (others are Malaysia, Brunei and Taiwan) with claims on
parts of the South China Sea, protested over the project.
But there was something highly suspicious with that agreement
because the copy of the agreement was never made public. Inquiries as to the
location of the seismic study area were never answered. The closest that we got
then was De Venecia’s description: "Part Philippine territory, not disputed and
part disputed."
I found that shocking and I asked him: "We allowed China to
explore our territorial waters in exchange for a joint exploration of an area
which we both claim?" JDV, as usual, went into his spiel about the agreement
being a win-win solution for all claimant parties.
The sellout of Philippine territory is confirmed by the Far
Eastern Review article which says, "The designated zone, a vast swathe of ocean
off Palawan in the southern Philippines, thrusts into the Spratlys and abuts
Malampaya, a Philippine producing gas field. About one-sixth of the entire area,
closest to the Philippine coastline, is outside the claims by China and
Vietnam."
In the article, South China expert Mark Valencia was quoted
saying: "Presumably for higher political purposes, the Philippines agreed to
these joint surveys that include parts of its legal continental shelf that China
and Vietnam don’t even claim."
If "political purpose" means having loads and loads of money
to buy political support, the people have reason to be outraged about reports of
multi-million dollar commissions from projects funded by Chinese loans.
The agreement strengthens China’s hold over the whole South China area, which
is a vital international oil route. It has an important impact on the
geo-political balance of power. I can imagine the United States being seriously
concerned about it.