BY WENDELL VIGILIA

REP. Roilo Golez (Ind., Parañaque) has called for a House investigation into the "Spratly deal" between the Philippine and Chinese governments in exchange for what he called anomalous deals such as the $329 million national broadband network and the $500 million NorthRail project.

"Already, this issue has been swirling with dangerous implications in defense and security-related eGroups (e-mail groups) and must be clarified urgently in a formal forum such as a congressional inquiry," Golez said.

Detained Sen. Antonio Trillanes IV has filed a resolution calling for an inquiry into the "Spratly deal" which he alleged was entered into by the Arroyo administration with China "in exchange for dirty loans."

The Department of Foreign Affairs has said the Joint Marine Seismic Undertaking (JMSU) signed on Sept. 1, 2004 with China "does not impinge on the sovereignty and territorial integrity of the Philippines."

The DFA called the JMSU "a landmark agreement that affirms the political commitment of three claimant states (the Philippines, China and Vietnam which later signed up) to approach their disputes in the South China Sea in a peaceful and constructive manner."

The JMSU is said to be the precursor of the secret "Spratly deal." The Arroyo administration has rejected calls for the disclosure of the text of the JMSU and its annexes.

Golez cited a news article quoting Malaya publisher Amado Macasaet as saying that President Arroyo and former Speaker Jose de Venecia might have committed treason if the Philippine government signs the Spratly deal and ignores the fact that all mineral and marine resources are owned by the country whose domain extends 200 nautical miles from its nearest shoreline.

He also cited the article of Barry Wain of Institute of South Asian Studies in Singapore which was published in the Far Eastern Economic Review where the latter suggested that the 2004 RP-China agreement for the oil companies of the two countries to conduct seismic studies in the Spratlys and explore for oil and natural gas "was a sell-out on the part of the Philippines."

Golez said Congress should investigate the "sudden emergence of China as a preferred mega lender-investor in the Philippines."

"China is now a dominant player in communications, education and large-scale agriculture projects, doling out hundreds of millions of dollars from China’s reputed $1.3 trillion war chest," he said.

The House committee on agriculture has already started an investigation to determine if the deal is part of the 31 agreements signed by the Philippine and the Chinese governments in January 2007, which supposedly would "promote bilateral trade and development in agricultural, fisheries and food products" in the next 10 years.

Party list Reps. Crispin Beltran of Anakpawis and Risa Hontiveros of Akbayan, who sponsored the House investigation, said they want to find out if the agreements have something to do with the alleged graft-ridden deals with China and if these are connected with the shady Spratly deal which could lead to a possible oil exploration by the Chinese in Philippine territorial waters.

The 31 memorandums of agreement include the Framework Agreement on Expanding and Deepening Bilateral Economic and Trade Cooperation between RP and China.

Beltran said the House must know the agreements’ "implications on the economic welfare of Filipinos and their possible violations against provisions in the Philippine Constitution on economic sovereignty and patrimony."

Based on a position paper of the Initiatives for Dialogue and Empowerment through Alternative Legal Services (IDEALS), Beltran said the 31 RP-China agreements cover a broad range of obligations which include "questionable financial grants and concessional loans, the undue removal of technical but protective barriers to trade, Chinese investment through the lease of more than 1.5 million hectares of Philippine land, aquaculture and all-around marine fishing, and the utilization of Philippine lands to establish bio-fuel plants to be produced for Chinese consumption."

President Arroyo has tapped former justice secretary Estelito Mendoza to join the Cabinet’s discussions on the International Law of the Sea "and the filing of the Philippine claim over resource areas within our exclusive economic zone."

"Through this claim, we shall advance the rights and interests of our nation in harnessing these rich resources. We appreciate that former Secretary of Justice Estelito Mendoza has lent his unrivaled expertise in this field to help strengthen the Philippine claim on this very valuable portion of our national patrimony," she said.

Executive Secretary Eduardo Ermita said the territorial claim refers to the baseline territories of the Philippines.

"So ating i-establish mabuti ang territory of the Philippines because we are an archipelago, kung gaano kalayo, gaano kalaki ang area, anong tubig ang ating nasasakop, so we can exploit the natural resources under the waters placed under the Philippine territory," he said.

Justice Secretary Raul Gonzalez said the Philippines must submit its claims to the United Nations by March 2009.

He said under country’s territorial baseline, however, the Sabah island and Spratly group of islands are not yet included due to rival claims.

"Right now it is not. But it is understood that we have a continuing claim there," he said.

SENSE OF URGENCY

Mendoza, a justice minister under the Marcos presidency and one of the defense lawyers of former President Estrada in his plunder case, said there is a sense of urgency to discuss and amend the current baseline laws to conform it with the United Nations Convention on the Law of the Sea (UNCLOS) that was concluded in 1982 and to which the Philippines is a signatory.

He said the Philippines has had its own baseline laws even before the UNCLOS which define how the international baselines are to be drawn.

"Our baselines, old baselines do not conform exactly. So we have to amend them to conform to UNCLOS standards and it is important that we do so because the territorial sea, the contiguous zone and the exclusive economic zones (EEZs) are measured from the baselines," he said.

"If you don’t have a baseline that is recognized internationally, you have a problem when you project your territorial sea, contiguous zone and EEZ," he said.

Mendoza said the proposed amendments to the baseline laws have been pending in Congress for quite some time and lawmakers have now "taken a lot of interest in it."

He said the Executive department would submit its position to Congress on the proposed amendments on the baseline laws.

Gonzalez said the proposed amendments would cover R.A. 3046 enacted in 1961 which defines the "Baseline of the Philippine Territorial Sea" and R.A. 5446 of Sept. 18, 1968 which amended R.A. 3046.

DIRTY MINDS

Gonzalez said the territorial baselines had nothing to do with the developments in Spratly after China proposed the conduct of joint explorations in the disputed islands.

Apart from the Philippines and China, Vietnam, Malaysia, Indonesia, and Brunei are also claiming ownership of some of parts of the Spratly or the South China Sea group of islands.

Gonzalez said joint exploration is "the more peaceful means" of handling the issue.

He denied that the agreement to conduct joint activities with China was done to secure loans for the Philippines. "Nothing, nothing. That is a lot of speculation by people who have dirty minds," he said. – With Jocelyn Montemayor