Imee Marcos urges swift probe into 'Pax Silica' deal over land control
By Dhel Nazario
At A Glance
- Senator Imee Marcos urged an expedited investigation into an alleged Pax Silica framework, warning that it could give foreign investors extensive control over Philippine land and operations within a proposed 1,619-hectare special economic zone.
- She questioned the proposed 99-year lease, foreign master tenant and dispute-resolution provisions, including reported arbitration in New York and investor protections that could extend beyond the lease period.
- Marcos stressed she is not opposed to Pax Silica or foreign investment, but said the government must scrutinize the agreement's implications for Filipino farmers, national sovereignty, security and the Constitution before it is finalized.
Senator Imee Marcos on Wednesday, Aug. 12, called for an expedited investigation into the government’s Pax Silica initiative, raising concerns over an alleged draft framework that she said could give foreign investors extensive control over Philippine land and operations within a proposed special economic zone.
Senator Imee Marcos (MB file photo/Mark Balmores)
Speaking at a press conference, Marcos said that she received an alleged draft architecture of a proposed economic and security cooperation framework that was reportedly being circulated among government agencies for approval.
“I’m hoping that I’m wrong and that this document is not true,” Marcos said, while noting that the document was still being discussed and was not yet final.
She said she was particularly concerned about provisions involving a proposed joint venture to own land for the project.
Marcos questioned why a joint venture (JV) would be needed to own the land if the property would remain under Philippine government ownership, and why a foreign entity would be designated as a “master tenant” with broad management powers over the proposed zone.
“If it’s the BCDA who will own 60 percent of the JV and the foreign company will own 40 percent, shouldn’t it pay for that 40 percent?” she said.
Marcos said the alleged framework covers a 1,619-hectare area and could effectively place the property under foreign control through a 99-year lease.
She also questioned provisions that would reportedly establish a joint zone authority and committee that would make decisions on leasing, management and other matters. The senator also raised concerns about the treatment of farmers and Indigenous Peoples affected by the development.
She cited reports that farmers in Camp O'Donnell, Barangay Aranguren and Sta. Lucia in Tarlac were allegedly being offered P300,000 for five hectares, with landholdings exceeding five hectares supposedly no longer subject to payment.
Marcos said this should be investigated, particularly if the land would eventually form part of the Pax Silica project.
“Why not buy it? Won’t the farmers who are being deprived of their land at P300,000 benefit from this?” she said, arguing that farmers should receive fair market value if they agree to sell their land.
She also mentioned Indigenous Peoples (IPs) whose burial grounds could be affected, saying their concerns should be addressed as part of the investigation.
Marcos further questioned provisions in the alleged document concerning dispute resolution, saying these could transfer jurisdiction to New York through a proposed “Pax Silica Court of Commerce” and the U.S. Federal Arbitration Act.
She said the document reportedly includes provisions on sovereign immunity, investor protections, enforcement waivers and protections against disturbance of investments even after the 99-year period.
“This is even beyond 99 years. It’s quite alarming,” Marcos said.
The senator also questioned whether the proposed arrangement should be treated as an executive agreement or a treaty, saying the government should determine whether its provisions go beyond ordinary administrative or operational matters.
“If it changes Philippine law, if the period is so long that it goes beyond 99 years, I think that is a different matter and needs to be examined carefully,” she said.
Despite her concerns, Marcos stressed that she was not opposed to Pax Silica or foreign investment.
She said the Philippines needs investments, particularly in high-level manufacturing, artificial intelligence, and other advanced industries, which could generate thousands of jobs.
However, she said the government must carefully examine what it is giving investors in exchange.
Marcos also warned that Pax Silica involves strategic assets beyond AI and data centers, including the Philippines’ critical mineral reserves, its decades-old semiconductor assembly, testing and packaging industry, and its strategic location near the Taiwan Strait.
She said these could increase the Philippines’ geopolitical exposure because of the importance of
critical mineral and semiconductor supply chains to the United States and the broader competition with China.
Marcos urged the government to accelerate its review of the Pax Silica framework before it is finalized, saying the alleged document reportedly could be completed by November.
“Before it is finalized, can we ask for help from the media? Let’s expose this so it can be discussed, studied thoroughly, and we can ensure that we do not enter into anything contrary to our Constitution and laws,” she said.