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Newspaper headlines have once more appeared to have
already convicted President Arroyo in connection with
the supposed agreement on what media claimed to be
“exploration” of the Spratlys by China, Vietnam and the
Philippines.
Critics
claim that this may be an impeachable offense committed
by the President for violating the Constitution because
of Section 2, Article 12, which provides that “the
exploration, development and utilization of our natural
resources shall be under the full control and
supervision of the State.”
****
Once
more, some members of the Senate and the House who are
obviously misinformed appear to be elbowing each other
as to who will be the first to conduct an inquiry into
the supposed agreement.
It is
possible, however, that the critics don’t even know that
the agreement refers not to “government to government”
basis but to private entities like the Philippine
National Oil Co., the China Offshore Oil Corp. and
Vietnam Oil and Gas Corp., all being chartered and
governed by commercial laws by their respective
countries.
They
also don’t know that no government expense can be
charged against the Philippine government because in the
tripartite agreement between the three private entities,
it is provided that each party shall be responsible for
the cost of its own personnel as well as the cost of its
operations.
****
But what
is most surprising is why my good friend, former Senate
President Franklin Drilon, seems to have insinuated in
the newspapers that the President may be impeached on
the issue, although he said that there is no treason
involved.
Maybe
Mr. Drilon forgot that on August 27, 1990, in Department
of Justice Opinion 157, Series of 1990, the same Drilon
who was then secretary of Justice who is now criticizing
the President, wrote this very opinion in connection
with the proposed seismic project to be undertaken by
the government of the Philippines and the government of
Australia.
In this
opinion, Mr. Drilon opined: “The proposed offshore
seismic project aims to provide data and expertise to
the Philippine government in the determination and
development of significant domestic energy resources and
to provide training and data-gathering, processing and
interpretation techniques which would be useful in the
future. especially to administer petroleum exploration
and development activities effectively.”
Drilon
further wrote, “We find no legal objection to the
project proposal and the execution of the MOA
[memorandum of agreement] covering it. As we see it, the
project proposal which involves data gathering,
processing and interpretation techniques are only
pre-exploration activities which are not covered by
constitutional limitations.”
Is there
a wide gap from the opinion of Mr. Drilon as secretary
of Justice and Mr. Drilon as a private citizen who is
identified with the opposition?
****
There is
a provision in Article 154 of the Revised Penal Code
known as “Unlawful use of means of publication.” It
states that “it is a crime for any means of publication
to publish any false news which may endanger public
order or cause damage to the interest or credit of the
state.”
It is,
likewise, punishable “for any news publication to
encourage disobedience to the law or duly constituted
authorities or praise, justify or extol any act
punishable by law.”
I hope
that by stating this provision of the law, it will not
be construed as sending a “chilling effect” on media
practitioners.
****
Iloilo City
councilor Antonio Pesina observed how lovey-dovey Cory
and Erap were during the Makati rally on February 29.
Pesina observed that Cory was seen whispering something
to Erap, who seems to be enjoying the attention showered
on him by his former nemesis.
The two
former presidents went upstage together and the naughty
Pesina wondered aloud if the two were holding hands as
they took their seats. |
