Press Release
March 12, 2008

Villar urges Malacañang to allow unhindered public scrutiny
of Spratlys deal documents

Senate President Manny Villar today urged Malacañang to let the public freely scrutinize the documents relating to the exploration agreement among the Philippines, China and Vietnam in the disputed Spratly Islands.

Villar said "the people's right to information is again being tested after the access to documents pertaining to the Spratlys deal under the Tripartite Agreement for Joint Marine Scientific Undertaking (JMSU) have been limited."

Villar noted that the agreement has been taken out from the Department of Foreign Affairs website and other government portals.

"For the purpose of allowing a free flow of information paving the way for a healthy debate in public policy and promoting transparency and accountability in government, I urge our Executive officials to present relevant documents pertaining to this agreement," Villar said.

The Senate leader asked Malacañang to allow public access to the following documents:

1. Agreement for Joint Marine Seismic Undertaking in Certain Areas in South China Sea between RP and China, signed on Sept. 1, 2004 in Beijing

2. Tripartite Agreement for Joint Marine Scientific Research in Certain Areas in South China Sea among RP, China and Vietnam signed on March 14, 2005

3. Declaration on Conduct of Parties in South China Sea agreed upon by the countries of ASEAN standing as a bloc in dealing with China

4. The maps attached to the agreement, detailing the Spratlys and the South China Sea

5. The map, allegedly presented by the Department of Energy officials last Friday (March 7) to select Cabinet officials which is accordingly a revision of the one annexed to the pact with China

6. The opinion of the Department of Justice (DOJ) on the matter

7. Similar opinions and studies rendered by the DOJ on seismic undertaking between countries, including a DOJ opinion in 1990 by then Secretary Franklin Drilon covering RP and Australia

8. A list of all government officials and agencies involved in the negotiation, drafting and formulation of the existing agreement

9. Report of Phase I of the implementation of the JMSU

"Records on the Spratlys deal should be examined to ascertain whether or not this caused derogation of our sovereign rights over Kalayaan Islands," Villar said.

"Ever since this controversy came out, many insinuations have been made. Why RP broke ranks with the ASEAN and dealt with China on its own? There must be a compelling reason behind this extraordinary move," he added.

Villar, also the Nacionalista Party president, said the Senate investigation on the matter will find out whether or not the Spratlys agreement was made in exchange for loan packages to finance infrastructure projects that are now attended by allegations of corruption.

"We intend to improve public policies on the citizens' access to information, on transparency of governmental transactions and accountability of public officers. Likewise, we need to enact soonest the law that will define the country's baselines and assess our commitments with the United Nations Convention on the Law of the Seas (UNCLOS)," Villar said.

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