“It would be ‘dumb’ of the Philippines to allow China to explore Philippine Rise despite Beijing’s disrespect for a U.N.-backed arbitral court ruling recognizing Manila’s sovereign rights in the West Philippine Sea.”
– Supreme Court Senior Associate Justice Antonio Carpio (Philippine Daily Inquirer, 15-January-2018)

“Benham, or Philippine Rise, is part of our EEZ and the exploitation of its resources is exclusively ours.”
– Rafael Alunan III (BusinesWorld, 30-January-2018)

Our Exclusive Economic Zone (EEZ) is the sea zone prescribed by the United Nations Convention on the Law of the Sea (UNCLOS) over which the Philippines has special rights regarding the exploration and use of marine resources, including energy production from water and wind. It stretches from the baseline out to 200 nautical miles (nmi) from its coast. The term “EEZ” does not include either the territorial sea or the continental shelf beyond the 200 nm limit. The difference between the territorial sea and the EEZ is that the former confers full sovereignty over the waters, whereas the latter is merely a “sovereign right” which refers to the coastal state’s rights below the surface of the sea. The surface waters are international waters.

Listen to the Supreme Court Senior Associate Justice Antonio Carpio. He was quoted in the Philippine Daily Inquirer (15-January-2018). Justice Carpio, the leading figure in Philippines’ fight to nullify China’s claim to almost all of the South China Sea, said “the Duterte Administration should stop Beijing from conducting marine scientific research in the Philippine Rise until it accepts the July 2016 decision of the Permanent Court of Arbitration in The Hague, Netherlands.” “The ruling invalidated China’s sweeping claim and declared Beijing had violated Manila’s sovereign right to fish and explore for resources in the West Philippine Sea, waters within the Philippines’ 200 nm EEZ in the South China Sea.” “China, which did not take part in the arbitration, ignored the ruling and went on to build artificial islands on reefs in Spratly archipelago, topping some of them with runways and military installations.” “Pres. Duterte, however, refused to assert the Philippine legal victory, preferring loans, investments and development assistance from China. The ruling would benefit other claimants to territories in the South China Sea – through which $5 trillion in global trade passes every year.” “The refusal of China to comply with the Arbitral Award of The Hague Tribunal is not a “normal circumstance,” and thus, Philippines should refuse China’s request for marine specific research in Benham Rise,” Justice Carpio stated.

What is the Philippine Rise? President Duterte issued Executive Order No. 25 in May 2017, changing the name of “Benham Rise” to “Philippine Rise.” The Philippine Rise is a 13-million-hectare underwater plateau in the Philippine Sea, 250 kilometers east of Isabela Province, believed to be rich in resources. In 2012, the U.N. officially recognized the Rise as part of the Philippine continental shelf, giving our country “sovereign rights” to explore and exploit resources on the submerged plateau. “The Philippine Rise became the subject of controversy in March 2017 after President Duterte said he had allowed Chinese survey vessels to go there. Then acting Foreign Secretary Enrique Manalo said he was unaware of any such statement made by Mr. Duterte.” But Justice Carpio declared ‘the Philippines would be dumb to grant China’s request. “If a bully squatted on your front yard and requests to look at your backyard, would you grant the request of the bully? China has ‘squatted on the West Philippine Sea and refuses to leave despite the ruling of the international arbitral tribunal. Countries that had ratified the UNCLOS are duty-bound to enforce and respect the contents of the international law in its entirety,” Justice Carpio further said. By refusing to accept the award of the Arbitral Tribunal pursuant to the dispute settlement provisions of UNCLOS, China is violating its U.N. obligations.

Our EEZ is 360 Degrees. In his column titles, “Our EEZ is 360 Degrees,” former DILG Secretary Rafael Alunan III (BusinessWorld, 30-January-2018) writes: “Scarborough Shoal (also known as Bajo de Masinloc, Panatag, Panacot), Benham Rise (now Philippine Rise) and the Celebes Sea have been making the news in the past week or so.” “Benham Rise hit the headlines when the Chinese said that the Philippines doesn’t have sovereignty over it. Benham, or Philippine Rise, is part of our EEZ and exploitation of its resources is exclusively ours.” “The frenzy over that statement brought to mind China’s armed occupation of the South China Sea and its obvious imperial agenda to dominate the Indo-Pacific theater before conquering the world in due time. Its submarines are, for certain, exploring the depths of Benham to familiarize themselves with critical pathways and hiding places in preparation for future conflict, citing innocent passage to mask their intentions. And if they control the depths, they will control the surface before we know it.” “China’s island fortifications in the SCS are vital components of its imperial agenda. Apart from Woody Island in the Paracels, China has built significant point-defense capabilities – anti-aircraft guns and (close-in weapons systems (CIWS) – at each of its outposts in the Spratlys: Fiery Cross, Mischief, Subi, Gaven, Hughes, Johnson, and Cuarteron Reefs. China won’t spend big money building and prepositioning war assets like fighters, bombers and long-range missiles if it doesn’t have a plan to suit its ‘Kingdom Under Heaven.’” Unfettered access in Scarborough, Benham Rise, and Celebes would transform the Philippines into China’s giant fulcrum to deny the U.S. the ability to secure the Pacific Ocean, SCS and Indian Ocean. As Deng Xiao Ping once said, “There can’t be two tigers on the same hill.”

Strong Opposition to China’s Philippine Rise Sortie. The Philippine Daily Inquirer (15-January-2018) article continues: “Last week, Magdalo Rep. Gary Alejano said the Department of Foreign Affairs allowed a research vessel operated by the Institute of Oceanology of the Chinese Academy of Sciences to conduct research in the Philippine Rise, despite China’s militarization of artificial islands in the SCS. “Foreign Secretary Alan Peter Cayetano defended the DFA’s decision, saying the law allowed foreign research in Philippine territory so long as a Filipino scientist is aboard the research vessel and the findings of the study are shared internationally. “On the other hand, Senior Associate Justice Carpio said the President and Cayetano were in no position to cede the country’s ownership of several islands and waters in the West Philippine Sea. Justice Carpio, whose criticisms of the Duterte Administration’s diplomacy in the WPS dispute have gotten him into Duterte’s crosshairs, said “Filipino scientists should be aboard China’s marine research vessels to ensure that the Chinese were not exploring for purposes of exploitation.” Clearly, findings of such scientific ‘marine explorations ‘must be made known to the whole world. Marine scientific research by foreign states in Benham Rise is purely for scientific research and cannot be conducted to explore the mineral resources for purposes of exploitation of such resources.

Beijing’s Tricky Modus Operandi. Rep. of Bayan Muna Carlos Isagani Zarate urged the DFA to rethink its decision allowing Chinese exploration in the Philippine Rise, calling the supposed research as Beijing’s “Modus Operandi” to undermine Manila’s maritime claims in the SCS during Arroyo’s Administration. In a statement, Zarate said that a joint marine seismic undertaking (JMSU) between Philippines and China in 2005 gave Beijing access to valuable data on natural gas deposits, which ‘jeopardized’ the Philippines’ claim to Recto Bank or Reed Bank, in the Spratly Archipelago. (Philippine Daily Inquirer, 15-January-2018)

Zarate emphasized the Philippines lost control and supervision over exploration for oil and other minerals in Recto Bank when the Arroyo Administration entered into the deal with the China National Offshore Oil Corporation and Vietnam Oil and Gas Corporation. With that JMSU, the Arroyo Administration effectively sold out the country to the Chinese, who were granted unbridled access to our maritime territory, especially the gathering of valuable data on natural gas deposits in our territories like Recto Bank. Our bad experience with the JMSU, where our country was placed in a very disadvantageous position, is bound to happen again. In 2008, Bayan Muna challenged the JMSU in the Supreme Court. The case remains unresolved.

FVR’s Assessment. Some 12 years ago, the Manila Bulletin (then chaired by the late philanthropist-icon Emilio Yap) offered FVR to take over former President Diosdado Macapagal’s Sunday column after the latter passed away. Boy, what a challenge – It is not easy to crunch out 1,500 words, even if only once a week! Manila Bulletin is known for truth, relevance and quality.

Therein was the daunting challenge! Of course, FVR took it up (and is glad he did), because that serves our national interest. FVR believes that, in due time, people/nations would bond more closely as one family because of deadly threats from weapons of mass destruction, calamities, diseases, pollution, waste and other man-made corruptions! Such bonding would lead to more harmony, enduring peace and sustainable development. Meantime, let’s protect the “Philippine Rise” and prevent the “Philippine Fall.”

KAYA NATIN ITO!

Please send any comments to fvr@rpdev.org. Copies of articles are available at www.rpdev.org.