Fear of China snags RP territory bill
Losing loans worries DFA

THE House has been dilly-dallying in approving a bill which declares the Philippine archipelagic baseline boundary because of the persistent lobbying of the Department of Foreign Affairs.

Sources said the DFA does not want the House version because this would antagonize the Chinese who have been providing loans to the Philippines. China is one of the claimants in the Spratlys.

Rep. Orlando Fua (Lakas, Siquijor), senior vice chair of the committee on foreign affairs, admitted Wednesday night in the plenary that the DFA has been lobbying against the passage of House Bill 3216.

The measure, titled "An Act Defining the Archipelagic Baselines of the Philippine Archipelago, Amending for the Purpose Republic Act No. 3046, as Amended by Republic Act No. 5446," is principally authored by panel chair Rep. Antonio Cuenco (Lakas, Cebu).

Under the bill, the country's archipelagic baseline would include the Kalayaan Island Group (KIG) and the Scarborough Shoal which are also being claimed by China and other neighboring countries.

The Philippines has until May 2009 to inform the United Nations Convention on the Law of the Sea (UNLOS) of the extent of its archipelagic boundary.

In a committee hearing last December, the Cuenco panel opted for the fourth option presented by the National Mapping and Resource Information Authority which set the baseline territory of the country at 12-mile territorial sea, 24-mile contiguous zone and a 200-mile Exclusive Economic Zone.

The same sources said the DFA has managed to delay the bill's passage and wants to settle for the second option which treats disputed territories such as the KIG and Scarborough Shoal as mere "regime islands."

Rep. Roilo Golez (Ind., Parañaque) said the House should not allow the DFA to "interfere" especially since the measure was supposed to be approved on third and final reading last December.

"This is a matter of territorial integrity," Golez told the plenary. "How can we defend our territory when we don't define what our territory is?"

Golez has called for a House investigation into the Spratly deal between the Philippine and Chinese governments in exchange for deals described as anomalous, such as the $329 million national broadband network and the $500 million NorthRail project.

Rep. Luis Villafuerte (Camarines Sur) also moved that the House investigate ousted Speaker Jose de Venecia's role in the deal, unwittingly dragging President Arroyo into the probe.

Golez said the House leadership should explain why the measure was not calendared for passage under the leadership of De Venecia.

"What happened between then and now? And what powers manifested in the interference?" he asked. "We're allowing ourselves to be controlled, manipulated by outside forces."

The committee on rules chaired by majority leader Arthur Defensor will discuss the matter on Tuesday.

Aside from Golez and Villafuerte, 12 congressmen have signed House Resolution 496 to investigate the Spratly deal.

They are Teddy Casiño and Satur Ocampo (Bayan Muna), Crispin Beltran (Anakpawis), Liza Maza (Gabriela), Teofisto Guingona III (NP, Bukidnon), Rufus Rodriguez (PMP, Cagayan De Oro City), Lorenzo Tañada III (LP, Quezon), Teodoro Locsin Jr. (PDP-Laban, Makati City), Felix Alfelor (Kampi, Camarines Sur), Bienvenido Abante (Lakas, Manila), Jesus Crispin Remulla (Lakas, Cavite), and Eduardo Nonato Joson (Nueva Ecija).

Casiño said if it is proven that President Arroyo signed an agreement that compromised the national territory, specifically the Philippine claim over the Spratlys, "she would be liable for the impeachable offense of treason."

The DFA has said the Joint Marine Seismic Undertaking (JMSU) between China National Offshore Oil Corp. and the Philippine National Oil Corp., (PNOC) signed on Sept. 1, 2004 "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 Arroyo administration has rejected calls for the disclosure of the text and annexes of the JMSU which is said to be the precursor of the Spratly deal.

Senate President Manny Villar said there is an urgent need to start an investigation on the Spratly deal. "Malacañang has a lot of explaining to do," he said.

"Bakit nabigyan natin ang China ng ganyang privilege, ano ang mga kapalit niyan?" he said.

Villar said the deal effectively gives away natural gas and oil deposits which are clearly under the economic and continental shelf of the Philippines.

Senators Panfilo Lacson, Ma. Ana Consuelo Madrigal and Antonio Trillanes IV have filed separate resolutions directing the Senate to investigate the agreement.

Senate minority leader Aquilino Pimentel Jr., said the investigation on the Spratly deal is timely as it would also cover provisions of the United Nations Convention on the Law of the Seas which establishes the bounds of territorial seas.

"My question is why China and Vietnam are included? Bakit kasama yung internal seas malapit sa Palawan na dapat exclusive na sa Spratlys agreement," Pimentel said.

Lacson said his office was able to obtain a copy of the agreement signed between PNOC and China and the Code of Conduct among Asean nations.

"After all, while it was signed by a lesser functionary like the PNOC president, it indicated that it was authorized by the RP and China governments. They are saying it's just a survey but if you read it, (it's for) exploration. RP has only 300,000 square kilometers. Doon pa lang makikita baka may sinakop na teritoryo natin, even outside the contested area," Lacson said.

SOUTHRAIL MOA 'MISSING'

Makati Mayor and United Opposition president Jejomar Binay expressed fears that documents relevant to the Spratly deal may have been destroyed. Under this administration, he said, official documents on controversial government deals "tend to vanish into thin air."

Binay said he was bothered by reports that the memorandum of agreement on the Chinese-funded SouthRail project has not been located by officials of the Philippine National Railways and might have been lost. He recalled that the original ZTE-NBN contract was reported stolen in Boao, China.