Whether directly with China or indirectly with its corporate alter ego, any joint exploration in the country’s exclusive economic zone (EEZ) in the West Philippine Sea violates the Constitution and diminishes Philippine sovereignty.
Paragraph 2 of Section 2 of Article XII of the Constitution unequivocally provides that the “State shall protect the nation’s marine wealth in its archipelagic waters, territorial seas and exclusive economic zone and reserve its use and enjoyment exclusively to Filipino citizens.”
It is, therefore, unmistakable that the Constitution mandates that the resources in the Philippine exclusive economic zone must be reserved for the sole benefit of Filipinos.
What the Constitution allows in the EEZ is only for the Philippines, through the President, to secure technical and financial assistance from foreign corporations as contractors or creditors, not as joint venturers or partners.
The Philippines can only have co-production, joint venture, or production-sharing agreements in the EEZ “with Filipino citizens, or corporations or associations at least sixty per centum owned by such citizens” pursuant to the first paragraph of Section 2 of Article XII.
EDCEL C. LAGMAN