Joint exploration in Benham Rise an option, lawmaker says

MANILA, Philippines — The Philippines can enforce its sovereign rights in the Benham Rise region through joint exploration, Kabayan party-list Rep. Harry Roque, a deputy minority leader, said.

Benham Rise, situated 250 kilometers east of Dinapigue, Isabela, is part of the country's extended continental shelf.

Roque noted that the country can only exercise sovereign rights in the region as it is not part of Philippine territory. The country, however, has exclusive rights to explore and exploit natural resources in the region.

"I will repeat my earlier legal opinion that sovereign rights may be the subject of joint exploration. This is the decision of the Supreme Court in La Bugal-B’laan v. Ramos," Roque said in a statement Wednesday.

The lawmaker said that the Philippines cannot complain if Chinese survey ships were merely sailing through.

If, however, the Chinese vessels were surveying and prospecting for oil, this would be a violation of Philippines sovereign rights, Roque said.

If the Philippines would consider joint exploration in Benham Rise, foreign corporations may act as contractors while the government will exercise control and supervision over the operation under financial and technical assistance agreements (FTAA).

"The only requirement is that it must be the president that must sign the written FTAA and it must be submitted to Congress for review, because whether or not we will allow a foreign country or foreign company to jointly explore resources with us in areas covered by sovereign rights is an issue of policy and therefore Congress must be allowed to review such a document," Roque said.

Malacañang said Tuesday that Benham Rise belongs to the Philippines and the country is duty-bound to protect its sovereign rights over the region.

“Other countries can exercise innocent passage and territorial navigation, but they are disallowed to stay and establish any structure in the area,” Presidential spokesperson Ernesto Abella said in a press briefing.

President Rodrigo Duterte on Monday said the government was "advised way ahead" that Chinese ships would be in the area. He also said that concerns over Chinese presence in Benham Rise were exaggerated.

“Why pick a fight? I’d rather talk. Kung gusto nila ng show of force dun, papuntahin ko Navy. Pagdating dun, banggain mo lang sa likod then say sorry naglalambing lang po. May amin kami diyan. Ganun lang (I will send the Navy, ask them to hit the rear part of their ship and say sorry, just showing affection.  We own that. That’s it),” the president said in jest at a press conference.