It escapes me now as to who originally came up with the term “principled pragmatism” to refer to the how one’s approach to complex issues should be made with practical solutions in mind while strictly adhering to one’s principles. The objective, quite simply, is to deliver results.
President Duterte appears to be taking such an approach in dealing with the resource-rich West Philippine Sea by expressing openness to the idea of jointly exploring the disputed waters with China. For Presidential Spokesman Harry L. Roque Jr., an international law expert, joint exploration “is a practical solution for Filipinos to utilize natural resources without having to deal with the contentious conflicting claims to territories.”
Foreign Secretary Alan Peter S. Cayetano, for his part, said the two sides are now in the process of “finding a common legal framework to conduct joint exploration and surveys” in the disputed waters, and that Duterte and Chinese President Xi Jinping had agreed in principle that such joint exploration should be “done as soon as possible.”
Our country needs to enhance its competitiveness and attract more investments to sustain its status as one of Asia’s fastest-growing economies.
Given our fast-rising power demand and the projected depletion of the natural gas supply in the Malampaya facility by 2030, our government must now redouble its efforts in finding new energy sources.
The West Philippine Sea, which is believed to be rich in oil and gas deposits, is an opportunity waiting to be tapped. But we can only go as far as sending scientists to the area to conduct study missions because neither the government nor our private sector has the financial capability to shoulder the huge costs needed for its exploration and development.
A joint exploration arrangement between the Philippines and China, so long as these are covered by commercial agreements, is legally acceptable. Principled pragmatism will play a key role here, as this involves a solution that delivers results without compromising our sovereign claims or any of our constitutional provisions.
The Constitution allows the government to jointly explore and develop our natural wealth with foreign-owned corporations provided that it retains full control and supervision of these resources.
The 1987 Constitution states that the President “may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of local scientific and technical resources.”
The Constitution also provides that the government “may directly undertake such activities, or it may enter into coproduction, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least 60 percent of whose capital is owned by such citizens. And that “such agreements may be for a period not exceeding 25 years, renewable for not more than 25 years, and under such terms and conditions as may be provided by law.”
The Constitution also mandates the State to “protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.”
In short, the government can proceed to jointly explore our waters with foreign firms through commercial agreement.
Any such joint use or exploration will, as I pointed out in an earlier piece, even strengthen the Philippines’s position on the award granted by the Permanent Arbitral Tribunal in 2016.
The Duterte administration’s idea of “copartnership” and joint exploration with other claimant countries is the pragmatic—and legal—approach to the West Philippine Sea issue without surrendering our sovereignty.
E-mail: ernhil@yahoo.com