Oil and gas deals in the West Philippine Sea (WPS) must meet strict constitutional conditions, 1Sambayan said, as the Department of Foreign Affairs (DFA) underscored that Philippine sovereignty will be upheld in any potential energy cooperation with China.

In a statement issued on April 12, the opposition coalition set strict conditions for any agreement involving the exploration, development, and utilization (EDU) of oil and gas resources in the WPS, emphasizing adherence to the Constitution and national sovereignty.

1Sambayan stressed that any partnership with foreign governments or corporations must clearly recognize that all oil and gas resources within the country’s Exclusive Economic Zone (EEZ) belong exclusively to the Philippine state.

The coalition outlined three key requirements:

First, agreements must explicitly affirm Philippine ownership of oil and gas resources. Second, projects must operate under a Service Contract framework pursuant to Presidential Decree No. 87. Lastly, contracts must be governed solely by Philippine law.

“The agreement must expressly recognize that the oil and gas belong to the Philippine state,” 1Sambayan said. Moreover, it noted that the “EDU of oil and gas must be embodied in a Service Contract under Presidential Decree No. 87 (Oil Exploration and Development Act of 1972), as amended,” and that the “Service Contract must be governed by Philippine law.”

According to 1Sambayan, these conditions ensure compliance with the 1987 Constitution, the landmark 2016 South China Sea Arbitral Award, and the 2023 Supreme Court ruling in Bayan Muna v. President Gloria Macapagal-Arroyo.

The group reiterated its stance that safeguarding national sovereignty must remain paramount in any energy-related negotiations involving disputed maritime areas.

In a separate statement issued on April 12, the Department of Foreign Affairs (DFA) also acknowledged the ongoing public discourse on the possible resumption of oil and gas cooperation discussions between the Philippines and China.

The DFA emphasized that the Philippines retains sovereign rights over all natural resources within its EEZ and continental shelf, including potential oil and gas reserves.

“The Philippines possesses sovereign rights over the natural resources within its Exclusive Economic Zone and continental shelf, including any oil and gas deposits that may be found therein,” the DFA said.

Citing directives from President Ferdinand Marcos Jr., the DFA said the government is exploring “all lawful and viable options” to ensure energy security, especially in light of global supply uncertainties and a declared national energy emergency.

“Any decision to pursue, structure, or conclude an agreement on oil and gas cooperation with China or any other foreign government will be made solely in accordance with the Philippine Constitution and the country’s laws, jurisprudence, and regulations, and in full assertion of its sovereign prerogatives,” the DFA said.

The DFA underscored that diplomatic engagement with China remains part of broader efforts to maintain open communication channels, particularly on energy cooperation.

However, it stressed that all arrangements will be anchored on the primacy of Philippine sovereignty and aligned with international law.

The DFA also reaffirmed its commitment to peaceful dispute resolution, compliance with international legal frameworks, protection of the country’s maritime entitlements, and consideration of political and policy implications.

1Sambayan, a coalition advocating democratic governance and accountability, has been vocal on issues concerning the WPS, particularly in opposing agreements that may undermine sovereign rights.

The parallel statements from both the group and the DFA highlight a converging emphasis on legality and sovereignty, even as the government considers reopening negotiations with China to address the country’s long-term energy needs. 

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