Metro Manila, Philippines— The Office of the Solicitor General should file a ‘convincing’ appeal on the Supreme Court decision that invalidated the joint maritime exploration in the West Philippine Sea, a former Malacañang official said on Friday.
Harry Roque, former presidential spokesperson and founder of the Center for International Law, said the high court decision over the Joint Marine Seismic Undertaking (JMSU) between the Philippines, China, and Vietnam in 2005 could potentially worsen disputes in the West Philippine Sea.
“That decision is wrong, it simply is wrong. You do not apply the Constitution to one area which is described as forming part of the exclusive economic zone (EEZ) under the United Nations Convention on the Law of the Sea (UNCLOS),” said Roque in a speech during a media event organized by the Chinese embassy on Friday.
“Under the UNCLOS the area covered by the JMSU is subject to sovereign rights. In other words, the 60-40 rule by the Constitution should not have been applied in an area covered by EEZ,” said Roque.
He said coastal states with sovereign rights are entitled to explore and exploit natural resources for practical reasons.
Roque warned against the potential impact of the decision especially in peacefully resolving disputes in the West Philippine Sea.
“The court unwittingly has bound the hands of the president as chief executive and chief architect of foreign policy in peacefully resolving disputes in the West Philippine Sea,” he added.
Roque said the best option for now is for Solicitor General Menardo Guevarra to appeal the decision.
“I am hoping the Office of the Solicitor General will file a comprehensive and a convincing motion for reconsideration for at stake is not only the peaceful resolution of the West Philippine Sea but also the right of the Filipino people to benefit from the natural resources found in Recto Bank,” Roque said.
Voting 12-2-1, the Supreme Court En ruled on Tuesday that the JMSU was unconstitutional because it allowed foreign companies to explore the country’s natural resources.
