Palawan v. Republic of the Philippines: A legal examination and comparative analysis on the claim of territorial jurisdiction by the Province of Palawan over the Camago-Malampaya Deep Water Gas-to-Power project

• Main Authors: Bonoan, Ramon Francisco P., Sena, Luis Alfonso S.
• Format: text
• Language: English
• Published: Animo Repository 2012
• Subjects: Jurisdiction, Territorial > Philippines > Palawan; Palawan (Philippines); Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/18274
• Institution: De La Salle University

What is power? Power is the ability to act or produce on effect. Based on this definition, any being or object which has substantial influence over another is said to be powerful. Benjamin Disraeli, one of Britain's greatest prime ministers, shared his view on power when he said that power has only one duty: to protect and serve the people. Enter the Camago-Malampaya Deep Water Gas-to-Power Project ( CMP ), a project which produces an astounding 2700 megawatts of electricity, enough to power at least 36% of the total electricity consumption of the whole of Luzon. Being a project clearly situated within the territorial jurisdiction of the Philippines, the Government obtains a share of the proceeds from the operations of the CMP by virtue of Service Contract No. 38 however, at present, the government proceeds are not being shared to the Province of Palawan, which is the nearest province to the CMP, because the National Government believes that the CMP is beyond Palawan's territory. Palawan believes otherwise. As a result of the opposing views on the matter by both sides, a case was filed by the Province of Palawan with the aim of obtaining the proceeds it believes it is entitled to. Both parties have presented arguments justifiably supported by law and jurisprudence which emphasize their stands. At present, the case is still pending with the Supreme Court. To whom does the power of rightfully claiming the CMP belong to? The problem of the proceeds-sharing by both parties is an effect of the real issue at hand: that there is no present law in the Philippines that defines the territorial jurisdiction of a Local Government Unit which takes into account national wealth projects off its coast. The concept of the territorial jurisdiction of an LGU is in question, because there are no laws which definitively include offshore projects involving national wealth within the territory of a particular LGU. This research shall have the purpose of understanding the concept of territorial jurisdiction of Local Government Units through a comparative analysis of State practices and international law concepts, as well as an examination of the Philippine Laws which delineate LGU territory. The concept of an LGU shall also be analyzed through a thorough discussion of relevant topics such as local autonomy and powers of an LGU. The outcome of the thesis is a new concept of territorial jurisdiction, which shall serve as the foundation for determining the territorial jurisdiction of an LGU, with projects of similar nature considered. This concept may be applied to the case in order to assist the Supreme Court in deciding the highly controversial matter. The new concept shall be further refined through an application of the principles of Good Governance and Environmental Ethics, in order to ensure that the outcome promotes total societal development.