The SC has affirmed with finality its January 2023 decision, which declared as unconstitutional the Tripartite Agreement for JMSU entered into by the government during the term of former President Gloria Macapagal Arroyo with China and Vietnam in 2004.
THE Supreme Court has affirmed with finality its January 2023 decision, which declared as unconstitutional the Tripartite Agreement for Joint Marine Seismic Undertaking entered into by the government during the term of former President Gloria Macapagal Arroyo with China and Vietnam in 2004.
The SC, in its January 2023 decision, declared the JMSU as unconstitutional for allowing wholly-owned foreign corporations to participate in the exploration of the country’s natural resources without observing the safeguards provided in Section 2, Article XII of the 1987 Constitution. Named respondents in the petition were then president Gloria Macapagal-Arroyo, her executive secretary Eduardo Ermita, her foreign and energy secretaries as well as the Philippine National Oil Company and the Philippine National Oil Company-Exploration Corporation.
The Court dismissed the respondents insistence that JMSU does not involve exploration considering that the term “exploration” under R.A. No. 387 was already repealed by Presidential Decree No. 87 or the Oil and Exploration and Development Act of 1972.
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