BY WENDELL VIGILIA

THE House is in quandary on whether to make public the contents of the Arroyo government’s Joint Marine Seismic Undertaking (JMSU) with China and Vietnam because of a confidentiality clause.

The Philippine National Oil Co. (PNOC) has already submitted a copy of the JMSU documents to the House committee on foreign affairs chaired by Rep. Antonio Cuenco (Lakas, Cebu).

Cuenco said the document contains annexes containing the areas covered by the agreement.

Cuenco’s panel will lead the investigation into the JMSU together with the committees on energy of Rep. Juan Miguel "Mikey" Arroyo (Lakas, Pampanga) and national defense chaired by Rep. Arthur Celeste (Kampi, La Union).

Critics said the JMSU, a gathering of information on the possible oil, gas and other mineral deposits, might have been forged in exchange of bribe-tainted deals like the $329 million broadband deal and the Cyber-education project with China.

The agreement, which was signed in 2005, involves the PNOC, the China National Offshore Oil Co. and Vietnam Oil and Gas Corp. (PetroVietnam).

The President’s critics said she could be liable for treason for allowing the joint exploration of disputed islands in exchange for soft loans from China worth billions of dollars, including the anomalous $329 million national broadband network deal with ZTE Corp.

The joint panel will summon PNOC president Antonio Cailao and other PNOC officials to shed light on the joint marine survey agreement.

Cuenco’s panel may also subpoena former PNOC president Eduardo Mañalac.

Rep. Satur Ocampo (PL-Bayan Muna) said that while the government warns that disclosure by anyone not party to the agreement would violate the JMSU, the people’s right to information remains.

"We look at this differently – higher consideration like national sovereignty and territorial integrity require disclosure so the people, through Congress members, may know what affects national interests," he said.

Ocampo has already requested the DFA for a copy of the document since he is planning to question its legality before the Supreme Court.

He said the DFA referred him to the Office of the Speaker which replied that his request will be answered in writing.

Sen. Miriam Defensor-Santiago called on the DFA to protest the forthcoming visit of Taiwan officials to the Spratly Islands next week.

Santiago, chair of the foreign relations committee, asked DFA Secretary Alberto Romulo in a letter, to send a note to Taiwan, through its Manila Economic and Cultural Office, to stop the proposed visit to the Spratly islands by Taiwan’s defense chief and a group of legislators.

"This is to respectfully express profound concern, which I hope will be transmitted to the Taiwan government through the MECO, over the Reuters news report that Taiwan’s defense chief and a group of some 30 to 40 legislators will visit Taiping island in the Spratly chain, to see a newly-constructed airstrip," her letter said.

Taiping is the biggest island in the Spratlys chain, which is claimed in whole or in part by the Philippines, China, Brunei, Malaysia, and Vietnam.

"The Philippines has good grounds to protest because it is a provocative act for Taiwan officials to visit their newly constructed airstrip on Taiping island in the Spratly chain," Santiago said.

She said the Taiwan visit to the Spratlys will violate the 2002 China-Asean Declaration on the Conduct of Parties in the South China Sea.

"Even if Taiwan is not a party to this Declaration, it has most likely evolved into regional customary international law, since it was signed six years ago by nine countries," Santiago said.

The declaration was signed by China, Brunei, Cambodia, Indonesia, Malaysia, Myanmar, Philippines, Singapore, and Thailand.

The Declaration states "that the parties are committed to exploring ways for bringing trust and confidence on the basis of equality and mutual respect."

The Declaration also commits the parties to "the freedom of navigation in and over flight above the South China Sea, as provided for by international law, including the 1982 UN Convention on the Laws of the Sea."