Update: JDV, the architect of JMSU is still at it, pushing for the revival of the JMSU.
Related articles:
http://verafiles.org/main/focus/six-rp-occupied-islands-covered-in-controversial-spratlys-deals/
Seismic survey is exploration-Mañalac
A stinking deal
JMSU weakened PH Spratly claim-Harry Roque
- Part of JMSU
The current word war between the Philippines and China is another proof of the continuing curse of Gloria Arroyo on the Filipino people.
The latest series of diplomatic protests lodged by the Philippines with China and submitted also to the United Nations have its roots to the controversial Joint Marine Seismic Undertaking entered into by the Arroyo government with China in 2005 which allowed China and later on Vietnam to explore not only the Philippine-occupied islands in the disputed mineral-rich Spratlys but areas that are clearly Philippine territory.
The JMSU was initialed during Gloria Arroyo’s 2004 visit to China which paved the way for the signing of at least two graft-riddled deals : North Rail and national broadband network with ZTE agreements.
Last March, the Philippines filed a diplomatic protest when two Chinese patrol boats intruded into Reed Bank in Western Palawan where a seismic survey is being conducted by the Department of Energy with a private firm. The Philippine Navy in Western Command had to come in and drove away the Chinese ships in what Philippine officials assert as “Philippine territory.”
It was followed by a much-delayed protest last April by the Philippines over China’s nine-dash line map submitted to the United Nations Commission on the Limits of the Continental Shelf. China’s map, submitted to the U.N on May 7, 2009 supports their claim that the whole South China belongs to them including the Spratly islands which are being claimed in part by the Philippines, Vietnam, Malaysia, Brunei and Taiwan.
This month, the Philippines again protested the discovery on Amy Douglas that the Chinese have erected a number of steel posts and placed a buoy near the breaker of the bank also known as Iroquois reef. The Philippine Navy reported that Chinese ships were seen unloading building materials.
The Philippine Navy had removed the posts and the buoy.
After the Amy Douglas protest, the Philippines again filed another diplomatic protest over a February 2011 incident when two Philippine fishing vessels were fired upon by Chinese warships at Jackson Atoll. The fishermen sought the help of the Philippine Navy which accompanied them back to the area to retrieve their anchors.
The Navy reported seeing Chinese fishermen exploiting the marine resources in the area.
Philippine officials said all the areas that Chinese armed ships intruded lately were within the Philippines 200 nautical miles Exclusive Economic Zone. The Chinese, on the other hand, asserted its ownership over areas covered by the South China Sea.
This prompted the Philippines to adopt the term “West Philippine Sea” referring to the same areas in the same manner that Vietnam refers to the same area as East Asia Sea. (India, by the way, does not claim ownership of the Indian Ocean.)
Foreign Secretary Albert del Rosario and Defense Secretary Voltaire Gazmin are alarmed by the latest pattern of intrusions.
They don’t want another Mischief Reef to happen. In 1995, the Philippines discovered military-type structures on Mischief Reef, 150 nautical miles west of Palawan and 620 nautical miles southeast of China.
Despite Philippine protest, China never left Mischief Reef and has even expanded its fortifications in the island complete with h parabolic antennas and machine guns.
There’s another thing that concerns the Aquino government.
When Del Rosario met with the Chinese Embassy charge d’affaires last May 31 over the Amy Douglas intrusion, he conveyed the Philippine government’s concern over reports in Chinese state media about China’s planned installation of its most advanced oil rig in the South China Sea next month.
Diplomatic sources said China’s planned oil exploration is related to the JMSU which was not continued after the first phase because of questions of legality (the case is still pending with the Philippine Supreme Court) because the project included areas that were not disputed. Under the Constitution, “exploration, development, and utilization of natural resources shall be under the full control and supervision of the State.”
To go around the constitutional prohibition, the government changed the word “exploration” to “seismic survey.”
The initial exploration/ seismic survey to find out how much resources are there in the area. Based on the results, the Philippines, China, and Vietnam are supposed to jointly develop the resources. The Chinese provided the ships, Vietnam the scientists and the Philippines interpreted the data gathered.
With the information gathered from the survey, it was expected that development of the area would proceed. China’s recent moves are seen as moving to the next phase of the project.The Philippines government, on the other hand, is stopped by questions on the legality of the project.
Under the JMSU, Reed Bank, said to contain about 3.4 trillion cubic feet of natural gas and 440 million barrels of oil, is included. The Philippines now insists it is Philippine territory and not part of the disputed areas.
Oppositors to the JMSU had expressed concern that by entering into the project, the Philippines surrendered sovereignty over the resource-rich area and strengthened China’s claim over it.
There were allegations that the Arroyo government’s sell-out of Philippine sovereignty in West Philippine Sea was connected to a number of multi-million Chinese loans for projects that became riddled with graft and corruption.
That’s one of the crimes of Gloria Arroyo against the Filipino people.
We should physically occupy the other islets. There’s no other way. 9/10s of the law is occupation.
15 June 2011
China is flexing its muscle against a small country with a weak armed forces, such as the Philippines. The problem is, this chinky eyed peoples are taking the word “south china sea” literally.
Do you think those BS will accept it if the portion within the 200 nautical miles off China called Philippine sea and we claim it to be ours they will say “give it”? I don’t think so…
The problem is the chinky eyed people are bullying their way in “west Philippine sea”.
It is good to hear that the americans will be on our side, but at what expense or in exchange of what?
I think it is about time that we think of our country’s external defenses, like: purchased new weaponry and upgrade our navy and our air force.
We lack the necessary tools to defend our territory, that’s why most of our neighbors are laughing at us, we cannot even patrol our borders.
However, it does not deter us to defend our own.
It is time to stand up as one, whether they outnumbered us militarily, let us tell these chinky eyed people, what is ours is ours and show them we will not take this sitting down.
let’s give them a f(*&^$#@!! hell….
prans
Ganda naman ng background ng sketch from googles parang blue robe of ultramarine Or blue shroud of Jesus Christ.
Sa akin lang to determine ownership of an island or atoll, I’ll just use a ruler and make island connections. The shortest distance between two points is a straight line. The country with the shortest distance to the disputed island should be rightful owner. The rule doesn’t apply if the straight line passes the Himalayas or the Alps because ground distance is always longer than scaled map distance. And the sea is flat even after a tsunami. Preposterous? That’s Yajnavalkya later Galileo before lots of people discussed their absurdity.
Oh yes where to put the two dots to connect the straight line? That’s for international law to dictate.
CHINA HAS CLAIMED OWNERSHIP OF THE ENTIRE SOUTH CHINA SEA.
But the Philippines recently declared that the western Philippine seaboard within its territorial waters is now re-named West Philippine Sea.
It is imperative to back up our words by putting them in print. President Aquino must order the printing of new and official Philippine M……aps indicating the change in name of that Western Philippine seaboard and distribute these maps to all government offices, public schools, universities, hospitals and to give them away to private companies too to display.
If you recall, back in the early 60s when Malaysia illegally annexed Sabah (right after federating Malaysia), Malaysian govt decreed that new Malaysian maps must be printed and must show “MALAYSIA” on the province of Sabah in the map. It was fait accomplit.
The same should be done today by President Aquino with regard to the West Philippine Sea. He must not tarry… He must execute this right away, lest we lose the momentum. Filipinos must be apprised in word and deed of government resolve to keep those waters under Philippine jurisdiction and govt must have this on public display. Would be good moral boost for the country and the people.
The latest series of diplomatic protests lodged by the Philippines with China and submitted also to the United Nations have its roots to the controversial Joint Marine Seismic Undertaking entered into by the Arroyo government with China in 2004 which allowed China and later on Vietnam to explore not only the Philippine-occupied islands in the disputed mineral-rich Spratlys but areas that are clearly Philippine territory.
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Naku po! Kung natuloy pala ang cha-cha ay nabenta ni putot ang buong Pinas sa China!
Di pa treason na yan? Makakaladkad ko talaga ng tianak na ito!
Meron bang time frame ang JMSU ni Gloria and China? When will it end?
Putragis, kaya pala ang lakas ng loob ng China was that Gloria weakened our claim on Spratlys considerably! Ipakain sa pating ng Spratlys ang unana!
Chi, Phase I which was exploration/seismic survey had been completed in 2007.
That why the three countries – Philippines, China and Vietnam now have concrete data on the estimate amount of oil and other minerals in the area covered by the JMSU.
China wants to go to the next phase which is development and production.The Philippines can’t proceed because of the case filed before the Supreme Court.
That’s why China is moving on its own.
Many thanks, Ellen.
Wow, concrete data on oil and other minerals they have now, must be infinite amount for China to bully Pinas to no end.
Under the JMSU, Reed Bank, said to contain about 3.4 trillion cubic feet of natural gas and 440 million barrels of oil, is included.
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Hindi talaga isusurender ng China ang claim nila!
Meanwhile, while a case is before the Supreme Court, China plans to proceed development and production. What could stop them? I pray hindi pa ubos ang yaman ng Reed Bank, before the SC decides on the case.
#5 Anna: It is imperative to back up our words by putting them in print. President Aquino must order the printing of new and official Philippine M……aps indicating the change in name of that Western Philippine seaboard and distribute these maps to all government offices, public schools, universities, hospitals and to give them away to private companies too to display.
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Agree ako dyan, Pnoy must do his own kayod to buoy pinoys confidence and support of our own claim of the disputed areas.
Ano ba naman ‘tong si Gloria? Mahigit isang taon ng nakakalipas at wala na sa Malacañang, pero ang baho at bahid ng kanyang kamandag ay nananatili paring nakasingkaw sa ating bayang Pilipinas. 🙁
If the then President could agree, the current one can rescind the agreement to the JMSU. Then you would not need a Supreme Court decision. In fact, the case would be rendered moot, if there is no longer any existing agreement.
It requires something big, however.
BALLS
What if the SC decided in favor of the JMSU agreement? What then? Crisis averted? Impeach the SC members for treason? Remember that majority of SC members was appointed by GMA.
The SC can only say that the JMSU is constitutional. The SC cannot decide whether to continue with the contract or not. That is decided by the Executive Branch.
JDV is still pushing for JMSU!
http://newsinfo.inquirer.net/15267/revival-of-spratlys-oil-deal-pushed
Thanks, Becky. JDV is the architect of JMSU. He pressured DFA officials not to oppose it so that China will push through with Northrail contract na ngayon ay nagkakandaloko-loko na.
@SNV #15:
But China will surely use that favorable (if) decision to the hilt. If the PH gov’t would recind (breach?) on the contract, it will again go back to the SC to decide if PH govt can do that.
GMA: Talk and rhetoric won’t help Spratly issue.
Me: So anong dapat nating gawin? Under the table dealings nanaman? Para may kumita nanaman? O di pa nabubuo ang komisyon mo hanggat di natuloy ang agreement na niluto nyo ni JDV?
Mike @ #18
If the contract is rescinded (cancelled), then there is no more case to decide – nothing to declare constitutional or unconstitutional. So the case will be dismissed. That is not a favorable decision on the contract. In fact, the SC will say, there is no contract, so we will dismiss.
If China invokes the Supreme Court decision, then it is submitting to the laws of the Philippines as the proper yardstick for determining the contract. It, then, will impliedly admit that the territory is ours, because our laws say so.
The more likely thing for them to do is to look for a new padrino. I would not be surprised if the gun clubs in the Philippines are studded with Chinese nationals and other foreigners trying to bag some big-ticket contract in the Philippines – lalo na kung IMF or World Bank funded.
A friend of mine met a USEC and PNoy at the shooting range, months ago. After the usual pleasantries, the talk turned to guns. For two hours daw, walang pinag-usapan kundi baril, especially the Glock; not a word about politics or his job as President.
Balak daw imbitahin ni Dick Cheney si Noy to go hunting. Kaya lang, nakakuha ng TRO si Harry Whittington (Texas lawyer), who invoked his right to life, and liberty from again being mistaken for a quail.
SNV,
So the PH govt. can cancell the contract outright? As I understand it, if two parties signs on a contract it means it’s a done deal, that whatever is stated or written on the contract both agreed on it. Can one of them just say, “hey, kalimutan nalang natin yung pinirmahan nating kontrata kasi nagbago isip ko.”???
Ang tindi talaga ng Gloriang ito e tinalo mo pa si tabako, mahilig magbenta ng philippine properties. Ikaw dapat ang itapon sa Sratlys para pag agawan ng mga pating.
Mike @ # 21
This depends on whether the contract has been executed (performed), or is merely executory (to be performed).
An example of an executed contract is, if you deliver a wedding cake, then I am liable for the price (your costs + markup).
The executory contract is one, where, for instance, if I contract with a chef to bake me a wedding cake, and the cake has not been worked on yet. In that case, I can say, pare kalimutan mo na. I will only be liable for costs and incidental damages – nabili na ba ang flour, sugar, etc., any outstanding wages to be paid to standby kitchen hands.
A contract may also be executory (to be performed) in tranches. For example, three shipments of longganisang Lukban (sorry galing ako sa Pinoy store), to be delivered in weekly. If after the first delivery, I find it is not up to snuff, I can say, pare hold mo na yung other two deliveries.
In this case, as Ellen states above, by phases ang contrata. So clearly, there are parts that are still executory, and therefore, capable of being rescinded.
Ngayon, kung mag-demanda ang China sa Supreme Court, they impliedly submit to, not only our courts, but our laws. Paktaylo. They would be impliedly admitting that the contract, including its subject matter (the territory), is subject to Noy-Pi laws. If the territory is under Noy-Pi laws, it means it is our territory.
SnV, the JMSU was for the period 2005-2007. Participated in by Philippines, China and Vietnam. The loose arrangement was China provided the ships, Vietnam the scientists and the Philippines interpreted the data.
The palusot of Gloria Arroyo’s allies then (Drilon) was that it did not violate constitution because seismic survey was “pre-exploration.”
Question: what do you do with the data gathered especially if it showed vast oil and mineral resources underneath?
That’s the root of the current conflict in the Spratlys now.
China wants to go to the next phase. There was nothing signed on the next phase but the understanding was for a joint exploitation of resources. The problem was, as Golez pointed out, the coverage of the JMSU was 70 per cent in areas claimed by the Philippines including areas that are not disputed.
It was Bayan that brought the issue to the Supreme Court.
http://makabayan.net/node/103
Ellen # 26
I was just responding to Mike;s what if question.
# 25
If there is nothing in the JMSU that calls for a second phase, then that’s that. Still, it would be in the interest of the country for the current President to repudiate the acts of the former, for being unconstitutional.
Ginawa rin yan sa Tate. Jefferson refused to prosecute on the basis of sedition laws, stating that it was unconstitutional. So there is no US Supreme Court precedent stating so, dahil hindi na in-enforce ng Executive.
Similarly, in the case of the Defense of Marriage Act (DOMA), saying marriage is exclusively between one man and one woman, Attorney General Eric Holder says his department will not defend it, because the definition of marriage is a power reserved for the States, not the Federal government. Hayun, dead letter law ang DOMA.
So if the President declares the deal unconstitutional, there is no need for a decision of the Supreme Court. If one wishes to enforce the contract, then he/she/it will have to go to the Supreme Court. But who will file it the Executive will not file? Nobody else in the Philippines has the standing/personality to file.
Will the Chinese file? They will be impliedly admitting that the matter is governed by Philippine laws. Tapos ang boksing.
As to the data, I seem to remember from your blog something about the data collected will be owned by somebody – either collectively by the group of three, or parang China lang, ata.
Where is the copy of the agreement? The current administration should make that public now, including who were involved in the deal.
Mukhang cambio na ang administration. I read in some daily that the administration is amenable to joint undertakings.
Sinong gago ang humithit ng joint to advise that?
Maaari namang nakahanap na ng pagong padrino ang JMSU. Money talks. Pinoy factotums listen. Alam ng mga negosyante yan, so the only challenge now is finding the right connect.
Bakit saber rattling ang China? Because we telegraphed our moves. Pinakita nating takot tayo sa suntukan, so naghubad na ng polo si Jet Lee. Nandiyan ang mga pahayag ni Enrile, and everybody else talking about if there is a shooting war…..
If the initial stance had been quiet and dignified resistance, and an indication that we would take the matter to the UN, the response of the other side would have been different. We should choose the arena where we are most effective. That is the legal/diplomatic way, dahil wala nga tayong military capability. Nandoon lahat kay Garcia, at tinatamasa ng kanyang tila bading na anak na nasa fashion school.
I think you meant “pre-exploration”.
Seismic survey IS exploration. You drill a hole thousands of feet below seabed level then insert a sensor all the way down that is lifted slowly as it takes graphical snapshots of the mineral contents’ electrical and physical composition. The data is printed as a continuous graph using several rolls of paper per hole. The data is finally interpreted by geologists who estimate the volume of oil and gas that can be produced in that hole. More holes are drilled and tested to determine which site produces more than the rest.
The same method of exploration is used whether inland or offshore. I’ve seen this also several times on NatGeo/Discovery.
“The Philippine Navy flagship BRP Rajah Humabon, the country’s biggest, oldest, and ONLY warship, left Poro Point in La Union province on Thursday to conduct patrols along Scarborough Shoal, an atoll which faces Zambales province and which China claims.”—–>THE PHILIPPINE DAILY INQUIRER
Now the Chinese are peeing in their pants !! Next time we hear from them, they will be accusing us of being bullies !!
Tongue, re # 30. Sorry, yes, it’s pre-exploration. I corrected it.
Precisely, Tongue.
As to the data, I seem to remember from your blog something about the data collected will be owned by somebody – either collectively by the group of three, or parang China lang, ata.- SnV
In the agreement, “All the data and information acquired for he fulfillment of the Seismic work…and their interpretation shall be jointly owned by the Parties. In the event any Party wishes to sell or disclose the above-mentioned data and information after the expiration of the confidentiality term, prior written consent therefore shall be obtained from the other Party.”
Where is the copy of the agreement? The current administration should make that public now, including who were involved in the deal.-SnV
SnV, give me time to look into my files. The JMSU was kept a secret since its signing in 2005. We were referred from one DFA to DOE to Malacanang. Kung saan-saan. Finally in 2008, we were able to get a copy.That’s when we wrote that it covered even the undisouted territories of the Philippines.
The copy I got was I think the nnnth copy na kaya malabo. I don’t think I was able to scan it. But I’ll look for it.
If the initial stance had been quiet and dignified resistance, and an indication that we would take the matter to the UN, the response of the other side would have been different. We should choose the arena where we are most effective. That is the legal/diplomatic way, dahil wala nga tayong military capability. Nandoon lahat kay Garcia, at tinatamasa ng kanyang tila bading na anak na nasa fashion school.-SnV
Agree, agree.