Critics warn Marcos vs trading sea rights for oil in China talks

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April 6, 2026 | 4:45pm

MANILA, Philippines — The Marcos administration's return to the negotiating table with China on joint energy exploration in the West Philippine Sea is drawing wide pushback, with critics warning the oil crisis may be used to justify concessions at sea.

The Stratbase Institute, an independent think tank, and Bayan Muna chairperson Neri Colmenares on Monday, April 6, separately rejected any move toward joint oil exploration with Beijing. In their statements, both warned such a move would essentially look over Beijing's history of maritime aggression and undermine Philippine sovereign rights under the 2016 arbitral award.

Colmenares also specifically warned against a repeat of the 2005 Joint Marine Seismic Undertaking, which the Supreme Court struck down as unconstitutional after his partylist challenged it in court.

Their statements follow President Ferdinand Marcos Jr.'s March 24 interview with Bloomberg, where he said the energy crisis triggered by the Middle East war could allow Manila and Beijing to finally reach an agreement on joint gas exploration.

Days later, the Philippines and China held back-to-back diplomatic meetings in Quanzhou, China, where officials said there were "initial exchanges" on potential oil and gas cooperation.

'Neither a reliable partner nor a responsible actor'

Stratbase President Dindo Manhit said Monday that China is "neither a reliable partner nor a responsible actor."

He pointed to Beijing's record of damaging Philippine assets and endangering Filipino personnel and civilians "as part of its sustained effort to assert unlawful control" over Philippine waters.

Any exploration arrangement, the group argued, must be "firmly anchored" in the 2016 ruling, which affirmed the Philippines' exclusive sovereign rights over resources within its exclusive economic zone. 

Those rights are "non-negotiable," the Stratbase statement read, and all resources must remain under "full Philippine ownership, control, and supervision." Any arrangement that creates ambiguity around that principle is "unacceptable." 

Beijing's refusal to even recognize the ruling only underscores the problem, Stratbase added. 

"A state that persistently disregards international law and violates Philippine sovereign rights cannot be expected to honor any agreement," Manhit said. 

Manhit instead urged the government to develop the country's energy resources through partnerships with "like-minded states and credible Filipino private sector actors," and to fully implement Executive Order 111 — an order Marcos signed on March 26, adopting official Philippine names for 131 maritime features in the Kalayaan Island Group to reinforce Philippine jurisdiction. 

Philippine-China relations have been on a downward spiral for much of Marcos' presidency, driven by repeated maritime clashes and an all-out transparency campaign that broadcast Beijing's actions in the West Philippine Sea to the world. 

In January, senators had gone so far as to sign a resolution calling for the expulsion of Chinese embassy officials over an escalating war of words, with some lawmakers pushing to declare Ambassador Jing Quan persona non grata. 

But the Middle East energy crisis — which saw the Philippines post the world's steepest fuel price increases between late February and late March — appears to have forced a recalculation. 

Marcos declared a national energy emergency on March 24 and, in the same Bloomberg interview where he floated joint exploration, signaled a desire for a "very, very serious restructuring" of ties with Beijing.

The JMSU precedent

Meanwhile, Colmenares zeroed in on the constitutionality of any potential deal with China.

He noted that the 1987 Constitution requires exploration and development of natural resources to remain under full state control and primarily benefit Filipinos. Any agreement giving China "control, operational command, or veto power — directly or indirectly — will be constitutionally infirm and politically disastrous," he said.

In January 2023, the Supreme Court declared the Joint Marine Seismic Undertaking or JMSU — a tripartite agreement among Philippine, Chinese, and Vietnamese state oil firms signed in 2005 — unconstitutional, ruling it allowed foreign corporations to explore Philippine natural resources without constitutional safeguards.  

Bayan Muna had filed the original petition challenging the deal.

"The JMSU showed how 'joint' projects can become one-sided: China gained access to strategic information and leverage, while Filipinos were left with questions, secrecy, and no clear benefit," Colmenares said. "Niloko tayo noon, at ayaw nating maulit ang parehong kalokohan (We were duped before, and we do not want to repeat the same)."

He also pushed back against the suggestion that the Philippines must choose sides. "We should not follow China, and we should also not submit to the US agenda. It is the interest of the Filipino that should be followed," he said.

Colmenares called on the Marcos administration to disclose any frameworks under consideration and open them to public scrutiny.

Palace Press Officer Claire Castro assured the public last week that the government would "always be cautious in protecting the interest of the nation and of every Filipino" in any discussions with China. "No Philippine interests will be lost, and none will be given away," she said.