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House asked to open own ‘Spratly deal’ investigation

Related article: Cat is out of the bag

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

Published inForeign AffairsNBN/ZTESouth China Sea

14 Comments

  1. chi chi

    With a Nograles’ house full of shits, this will be another hokus-pocus abracadabra show of the bitch!

  2. Chabeli Chabeli

    Gloria will be killed in the crossfire between the US & China on Spratlys. NOBODY wants Gloria for dessert anyway, so they can just do away with her and throw her in the South China Sea. Heaven forbid the South China Sea will be changed to the Diosdado Macapagal Ocean !

  3. hawaiianguy hawaiianguy

    House to probe into the Spratly issue?

    People shouldn’t expect anything good to happen, it’s gonna be the same old hogwash. Those crocs will just affirm the agreement entered between Gloria’s shrouded regime and China. The oppositionists will be drowned as usual.

    From my limited perspective, such an agreement is a clear sellout to the Chinese. Gloria has no respect whatsoever to the country’s sovereignty, when money is at stake. RP is now heavily indebted (close to $2 billion) to China for all these corrupt-ridden projects, 4 of which are outstanding: Northrail, Southrail, CyberEd, and NBN. The last one, Gloria said, was cancelled. Was it?

    Gloria knows she can’t sign a treaty with China, which is the right thing to do, because of a sure stalemate in the Upper Chamber. An MOA (MOU) is the easiest thing to do. But is she not violating the constitution for doing this?

    I think an MOA that deals with non-commercial exploitation (such as joint seismic project) is ok. How about a joint oil exploring activity, with heavy financing coming from China?

  4. Diego K. Guerrero Diego K. Guerrero

    We don’t expect much from Arroyo-controlled House of Representa-thieves. The Senate-led investigation is more credible. Wife-cheater Prospero Nograles cannot be trusted. He has to protect her lucky bitch boss at all cost.

  5. HG,

    Re: An MOA (MOU) is the easiest thing to do. But is she not violating the constitution for doing this?

    In my understanding, it is not unconstitutional for her to sign an MOU or MOA with another govt provided of course that the said MOU leading to a formal treaty is later on ratified by Congress.

    The company I was working for before signed dozens of MOUs with the Philippine govt on the defence front but what happened was these MOUs were paraded to the public as if they were confirmed investments, etc. when in fact they were just that memo of understanding whose provisions and clauses amounted to nothing when the other signatory didn’t comply with the terms of the MOU.

  6. Btw, company I worked for used to be French state-owned so could enter into an understanding of the commercial variety with a Philippine state owned counterpart. (Used to retain a couple of top law firms in Manila to serve our interests and I believe made a few lawyers rich in the process…)

    All presidents (when they go back home) paraded these MOUs as if they were foreign IOUs boasting of “multi-million” dollar etc investments when in fact they were just letters of intents although admittedly a bit more.

    FVR, Gloria were very adept at using these MOUs as PR tools once after their foreign road shows but in reality they (the MOUs) amounted almost alwyas to nothing! Not because of the foreign party but as always, the Philippine partner is unrealiable and if they finally flop (i.e., business initiative) not always becausze of foreign partner but most of the time because of the incredible malfaisant minds in the Philippines.

  7. hawaiianguy hawaiianguy

    AdeBrux,

    You’re right! An MOU (MOA) is ok so long as it leads to a treaty or treaty-like instrument that commits two countries together. I wouldn’t expect China to consider this binding, nor obligatory, not having a parliament or congress to act as a check against the will of the party. But for RP, it must, as a democratic country.

    Also, an MOU could be taken up by RP so long as it doesn’t involve security matters and its sovereignty. I think the joint seismic project could be one activity that frees RP of any such problem.

    As I see it, RP under Gloria is now compromised in many respects. It has become not only a beggar, but also a low-level prostitute selling itself to other countries.

  8. Why spend millions of dollars to take a mere snapshot of submarine faultlines if it will not lead to any of the three countries’ gains politically, economically, or strategically.

    Granted it is just a seismic survey and nothing more, do you think the Chinese will divulge the extra information they could have gathered to its Vietnamese and Philippine partners? Can we demand that China share with us the REAL geopraphical contour that may be used to determine actual national boundaries? I don’t think so.

    The way Gloria operates as far as her dealings with the Chinese has always been suspect. It does not help that again, the details of this agreement have been shrouded with secrecy. My theory is that these moves are directed towards an emerging monopoly in the oil and energy sectors, perpetrated of course by the GREEDY GROUP PLUS PLUS.

    I will expound on this theory in my blog.

  9. Chi: With a Nograles’ house full of shits, this will be another hokus-pocus abracadabra show of the bitch!

    *****

    Not anymore, Chi, if the rallies continue, and all Filipinos like Sheryl M. will now come to their senses to demand for strict adherence to the rule of law. Sa palagay ko naman naiihi na sa mga salawal ang mga ungas.

  10. Mrivera Mrivera

    tongue,

    naniniwala ako theory mo.

    sasala ang sandok sa palayok subalit ang pagiging ganid ni gloria ay hindi mawawala.

  11. I’m just wondering how many Filipinos left in the Philippines know that they have the right to demand good service from their representatives in the Philippine Congress for example.

    Truth was when we were lobbying for the OAV Bill to be passed, one of the things we recommended supporters of the bill to do was write to the representatives of their hometowns regardless of whether or not those Congressmen and Senators would listen to them. A lot of them responded positively to their requests as a matter of fact.

    On my part, I paid for stamps of letters sent by members of my group just to make sure that those letters were sent on time. There were lots of pros and cons, but the bill was passed after those innovative lobbying even with the help of NGOs based in the Philippines like those connected with Akbayan, etc. a blogger calls “commies and leftists.”

    So, why don’t we bloggers here do likewise. Baka makinig naman iyong mga hindi naman sakal sa leeg ni Evil Bitch para lumakas ang loob nila. If you need their addresses, better ask for their home addresses from your friends and relatives if you don’t have them.

    Over here, too, when we need an issue to be properly addressed by our Diet people, we make an appointment with them as a group, and have a conference with them. Occasionally, the less cooperative dietmen, we picket their homes. Filipinos can do the same unless there is the danger of them being shot by those policemen and soldiers moonlighting as private bodyguards of politicians there.

    Just a suggestion to help hasten the removal of the criminals squatting at the palace by the murky river.

  12. Valdemar Valdemar

    Lets put the Spratley case in a plebiscite. The president, the legislators shall not do anything about it except to abort any contract or whatever they have already made upon it. Since we are not capable to do anything tangible progress to it, then we also ask the people whom we may want to help us. Taiwan might want to join up with us. They make wonders in that small island.

  13. meksens meksens

    TT & mRivera:
    ******
    Tama po kayo na masyadong naging gullible si goyang arroyko dahil sa nagpauto siya sa mga intsik.
    $1 billion para sa mga intsik ay peanuts lang para itapon na pangtapal sa mga ganid.
    Kahit pa nakokotongan sila ay okey lang. Pero ano ang kapalit nito?
    Himayin natin ang panig ng mga kasangkot:
    China. With seismic surveying, we can map the geopraphical contour that could be used to determine actual national boundaries of the Philippines. Owwws!
    Baket, kasi seismic data logging is also used in determining the presence of oil in a specific area.
    Ngayon, upon their determination, ito bang oil rich area na ito ay nasa loob ng Pilipinas? O, nasa labas?
    Sabi nga ni TT:”Granted it is just a seismic survey and nothing more, do you think the Chinese will divulge the extra information they could have gathered to its Vietnamese and Philippine partners?”
    Sa panig naman ni Gloria… Sige, mag-seismic seismic na kayo at pag may oil, etsapuwera na kayo. Habang buhay na akong Trilyonario. Hindi ba, Babes ko(Bahala na kayong humula kung sino ang Babes niya pag Trilyunario na siya!)?
    Sa mga Vietnamese… Basta may $200T (Trillion) kami dito, okey lang!
    What say you, people?

  14. bitchevil bitchevil

    If there’s going to be a regional conflict or war, it shall come from Spratley islands. Both China and the US would use it as a testing ground for their military might and power in the region at the expense of small countries like the Philippines.

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