However, the SC-38 Contractors expressed its position that it cannot undertake the development of the CMOL. As such, in December 2005, Executive Order No. 473 was issued directing The Philippine National Oil Company (“PNOC”) or its designated subsidiary, or for PNOC to engage third-parties, to pursue the exploration, development and production of crude oil from CMOL. In June 2006, PNOC and the Department of Energy (DOE) entered into a Terms of Service for the Re-Appraisal, Development and Production of Crude Oil from the Camago-Malampaya Oil Leg.
In July 2008, PNOC entered into a Participation Agreement with Burgundy Global Exploration Corporation relating to the CMOL Project whereby BGEC maintains an 84.9% participating interest in CMOL while PNOC retains the remaining 15.1% interest.