Commentary on the Decision Issued by the Supreme Court of the Philippines on the Constitutionality of JMSU
The decision issued by the Supreme Court of the Philippines on the constitutionality of JMSU consists of procedural issues and merits.With regard to the procedural issues,the Supreme Court deliberately lowers the threshold of initiating constitutional review which is in favor of petitioners'application and demonstrating the Supreme Court's strong desire for taking cognizance of this case.Contrary to the decision on procedural issues,there is less controversy over the merits.The main issue in merits is concentrated on whether JMSU is involving"exploration of petroleum resources"under the Philippines'Constitution which is matter had not been dealt with by the Supreme Court in precedents.In this case,the Supreme Court further clarifies the connotations of"exploration"which are the activities aim at searching and finding petroleum resources,involving activities provided by JMSU,and independent from development and utilization of petroleum resources.The decision on this case would generate impacts in the following three aspects.Firstly,Philippines'strong desire for controlling natural resources will exclude the joint development.Secondly,Philippines would only likely to accept the exploration,development and utilization of petroleum resources under its domination.Thirdly,the limits on the Philippine President's prerogative in concluding international agreements are unhelpful to resolve the South China Sea disputes between China and the Philippines.
JMSUthe Supreme Court of the PhilippinesConstitutional Review
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