Fidel V. Ramos By Fidel V. Ramos Former Philippine President   “There should be no problem for the Philippines over Benham Rise because (1) the Philippines is the sole claimant; and (2) the UN Commission on the Limits of the Continental Shelf (CLCS) ruled in 2012 that Benham Rise is part of the Philippines’ Extended Continental Shelf (ECS). It is not Philippine territory – we have no ‘sovereignty’ over it, but we have ‘sovereign rights’ – exclusive rights to explore and exploit the oil, gas, and other natural resources in that undersea plateau…” — FVR, “Benham Rise: Nurturing Our God-given Blessings” (Manila Bulletin, 02 April 2017)   ABOUT A YEAR AGO, WE HASTENED TO SUPPORT SENATOR SONNY ANGARA, AUTHOR OF SENATE BILL NO. 312 WHICH WAS FILED ON 4 JULY 2016, THAT SOUGHT TO CREATE A BENHAM RISE DEVELOPMENT AUTHORITY (BRDA). SENATOR ANGARA ASSERTED: “WE MUST PROTECT OUR NATION’S MARINE WEALTH AND DEFINITELY, BENHAM RISE COMPRISES MUCH OF THE NATION’S MARINE WEALTH. WE MUST ENSURE THAT THE ENJOYMENT OF THE BENEFITS OF BENHAM RISE ACCRUE TO OUR CITIZENS IN THE SWIFTEST MANNER.” For his part, Senator Win Gatchalian, chair of the Senate Committee on Economic Affairs, presided over several Senate hearings that looked into security and environmental concerns in strategic and mineral-rich Benham Rise. “There is an urgent need to conduct extensive scientific research in Benham Rise to fully discover how its development will benefit the Filipino people. These plans must be put into place now so that future generations of Filipinos will be able to reap the benefits of the area’s ecological wealth and unexplored energy resources,” Gatchalian affirmed. In support of the patriotic intentions of both Senators Angara and Gatchalian, FVR recorded the background about the efforts of many anonymous Filipinos who literally gave their blood, sweat, tears – even risked their lives as they conducted surveys in still uncharted waters….. (FVR, Manila Bulletin, 19 March 2017), thus:   IMPACT OF FVR’S EXECUTIVE ORDER 45, S-1993 “IT WILL BE RECALLED THAT ON 05 JANUARY 1993, THROUGH THE ISSUANCE OF E.O. 45 BY THEN PRESIDENT FVR, OUR GOVERNMENT PROMULGATED A SYNCHRONIZED, COMMON REFERENCE SYSTEM FOR THE ACCURATE SURVEYING AND MAPPING OF NATURAL RESOURCES, ADMINISTRATIVE AND CADASTRAL BOUNDARIES CALLED THE 1992 PHILIPPINE REFERENCE SYSTEM (PRS92):   “The Department of Environment and Natural Resources, through the PRS92 Program Steering Committee, oversees the overall implementation, allocates necessary funds, and issues implementing guidelines. The National Mapping and Resource Information Authority, Lands Management Bureau, and the DENR Regional Operations Committees are the primary agencies responsible in executing the Order. The NAMRIA establishes and maintains the primary (first and second-order) control points, which are then extended by the DENR Regional Composite Survey Teams by establishing third, fourth and other lower-order control points. “PRS92 ensures a unified, consistent and reliable geographic information database for many planning and policy-making activities of both Government and private organizations. These include, among others, land reform and administration, infrastructure and energy development, social and environmental initiatives, marine and ocean affairs, disaster and risk mitigation, and scientific and engineering studies. PRS92 also seeks to improve the economic status of the country, alleviate poverty, promote sustainable development, and support public order and safety. (NAMRIA’s PRS92 Newsletter, 1st Quarter 2009, Vol. II No. 1). “THE RECENT EMERGENCE OF THE BENHAM RISE ISSUES HAS HEIGHTENED THE IMPORTANCE OF PRS92, WHICH IN ITS EARLIER STAGES WAS ASSISTED BY THE AUSTRALIAN GOVERNMENT…..”   BENHAM RISE: HOW THE SHELF WAS WON WHILE SURFING THE INTERNET IN SEARCH OF BACKGROUND MATERIAL ON BENHAM RISE, FVR RAN INTO A PREVIOUS DENR ARTICLE ON THE IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS). “This little-known article describes the first major expansion of the Philippines’ maritime boundaries since the late 1970s when it declared its exclusive economic zone (EEZ). This happy outcome is a tribute to the quiet and diligent work and collaboration by a team of Filipino public servants, scientists and legal experts who pursued the claim for over a decade. “In their article with above title, authors Dr. Jay Batongbacal (Professor, UP College of Law, and Legal Advisor, Technical Working Group, Philippine Extended Continental Shelf Project), and Efren Carandang (Deputy Administrator, NAMRIA and Project Manager, Philippine Extended Continental Shelf Project), narrated: “The story of the Philippine claim to Benham Rise began with a workshop in 2001 to assist the DFA and DENR’s NAMRIA in the implementation of the Law of the Sea. Ms. Suzette Suarez of the UP Institute of International Legal Studies (UP-IILS) organized the workshop to discuss the requirements for claiming extended continental shelf (ECS) areas for the Philippines. Dr. Teodoro Santos of the UP National Institute for Geological Sciences (UP-NIGS) proposed Benham Rise, then a relatively unknown area of the Pacific Ocean east of Luzon, as a possible ECS area in addition to areas west of Palawan. This resulted in an inter-agency Memorandum of Agreement among key government agencies and the academe to work together to document the ECS requirements. “Under then Administrator (retired Police General) Diony Ventura, the NAMRIA undertook the extensive hydrographic surveys required as a basis for the claim. The NAMRIA’s Coast and Geodetic Surveys Department sent its two ships, the ‘Presbitero’ and ‘Ventura,’ on several cruises to the Pacific to conduct PRS92 surveys and map the seabed beyond 200 nautical miles and more than 5,000 meters deep. At the same time, NAMRIA also surveyed and submitted proposed basepoints and several baseline configurations to Congress that passed the new baselines law in March 2009, which was an important prelude to the making of a ‘Submission’ to the UN. “The ‘Presbitero’ and ‘Ventura’ were purchased through soft-loans from the Spanish government during President FVR’s state visit to Spain in September 1994. These ships were built at Factorias Vulcano Shipyard in Vigo, Spain from 14 May 1997 to 04 August 1998. ‘Presbitero’ arrived in Manila on 16 October 1998, and ‘Ventura’ on 07 January 1999….” PRS92 AND THE SURVEY SHIPS “PRESBITERO” AND “VENTURA” PROVIDED THE SOLID FOUNDATION FOR OUR BENHAM RISE ECS “VICTORY.”   FROM BRDA TO DMROA? DURING THE SENATE HEARINGS ON THE PROPOSED CREATION OF BRDA, NATIONAL SECURITY ADVISER HERMOGENES ESPERON JR. SAID THAT ALTHOUGH HE WAS SUPPORTIVE OF THE PROPOSAL, THE GOVERNMENT SHOULD – FIRST AND FOREMOST – KNOW WHAT WE REALLY HAVE IN THE BENHAM RISE. “The first priority should be organizing maritime, scientific researches in the area. Since we do not know yet what is in the area, let us strengthen our research capabilities,” Esperon said. He then suggested the creation of a Department of Maritime Resources and Ocean Affairs (DMROA) to have a single body tackle these issues. Later in the course of those Senate hearings, however, it was reported “NEDA Thumbs Down Creation Of Benham Rise Development Authority” (ABS-CBN, 29 March 2017), thus: “There is no need to create a separate government agency to supervise research and development in Benham Rise, the National Economic and Development Authority (NEDA) said. “THE FUNCTION OF THE PROPOSED BRDA IS SIMILAR TO THE MANDATE OF THE NATIONAL COAST WATCH COUNCIL (NCWC) THAT SERVES AS THE ‘CENTRAL INTERAGENCY MECHANISM FOR COORDINATED AND COHERENT APPROACH ON MARITIME ISSUES,’ NEDA’S DIANE LLANTO LAMELY ARGUED BEFORE THE SENATE COMMITTEES ON ECONOMIC AFFAIRS, AND FINANCE.”   THE NEXT FORWARD STEPS THAT WAS THE LAST TIME WE HEARD ABOUT THE BRDA. BUT, TODAY, WE HEAR CONTRASTING VOICES FROM GOVERNMENT SOURCES REGARDING THE ISSUES ON BENHAM RISE – WHICH SHOULD BE DEVELOPED AS A BULWARK OF PHILIPPINE DEFENSE IN THE PACIFIC. IN EXECUTIVE ORDER NO. 57 (S-2011) THAT CREATED THE NCWC, ONE CAN EASILY UNDERSTAND THAT NCWC’S FUNCTIONS ARE ABOUT MARITIME SECURITY – AND NOT MERELY RESOURCE PROTECTION AND DEVELOPMENT – AS WHAT OUR COUNTRY DID WITH THE MILITARY ASSETS IN SUBIC, CLARK AND OTHER FACILITIES ABANDONED BY U.S. NAVAL AND AIR FORCES UPON THE TERMINATION OF THEIR LEASE AGREEMENT. HAVING BEEN WELL-PRESERVED, REPOSITIONED FOR PEACEFUL USE, AND DEVELOPED AS MAJOR ECONOMIC GATEWAYS, THESE ASSETS BECAME ATTRACTIVE INVESTMENT DESTINATIONS AND PRODUCTION BASES FOR MANY MULTINATIONAL COMPANIES. NOW AND INTO THE FUTURE, THEY COULD PROVIDE DECENT LIVELIHOOD OPPORTUNITIES FOR OUR PEOPLE AND CONTINUOUS REVENUES FOR OUR COUNTRY (LIKE, FOR INSTANCE, IF THE POLILLO ISLAND GROUP TRANSFORMS INTO A COAST GUARD COMPLEX). IF ASSESSED COLLECTIVELY, THE FORMER U.S. MILITARY ASSETS REPRESENT JUST A FRACTION OF THE ECONOMIC AND STRATEGIC POTENTIALS WHEN COMPARED TO THOSE OF BENHAM RISE. AND BECAUSE WE DO NOT KNOW YET THE TOTALITY OF THESE POTENTIALS, FVR JOINS DR. JAY BATONGBACAL, DR. EFREN CARANDANG, PHILIPPINE LAWMAKERS – AND EVERYONE INVOLVED IN THE PHILIPPINE EXTENDED CONTINENTAL SHELF PROJECT – IN EXPRESSING GRAVE CONCERN ABOUT OUR GOVERNMENT’S “LIBERALITY” WITH BENHAM RISE. AS VALIDLY SUGGESTED BY NATIONAL SECURITY ADVISER JUN ESPERON, LET US CREATE SOONEST THE DEPARTMENT OF MARITIME RESOURCES AND OCEAN AFFAIRS – INSTEAD OF DEPENDING ON MALACAÑANG SPOKESPERSON HARRY ROQUE WHO SPEAKS LIKE A MACHINEGUN, AS IF HE WAS PRESIDENT DU30 HIMSELF. NO WAY!!! (BTW, IT’S BEEN 3 YEARS SINCE THE MASSACRE OF THE PNP-SAF “FALLEN 44.” WHY THE DELAYED PHILIPPINE JUSTICE???)   Please send any comments to [email protected]. Copies of articles are available at www.rpdev.org.