Palace defends China’s research in Benham Rise

Malacañang yesterday defended the Duterte administration’s decision to allow China to conduct research in Benham Rise off Aurora province, saying there is no law prohibiting it from doing so.

Presidential spokesman Harry Roque said the administration is allowed to make such decision unless Congress passes a law making the act illegal.

“The President implements the law. When the law talks of sovereign rights, that includes the sovereign decision to share the sovereign rights with others. And this has been decided already by the Supreme Court in La Bugal,” Roque said in a press briefing.

“So when you question the wisdom of the law, go to Congress. Because if this is not a wise move of the President, then a law could probably be enacted to prohibit it. But until Congress decides that it is unwise, the President is only the implementer of the law. He does not provide for wisdom of the law, that’s how it is in our separation of powers,” he added.

Benham Rise is a 13-million hectare submerged continental shelf declared by the United Nations as part of Philippine territory in 2012.

Last year, Defense Secretary Delfin Lorenzana expressed concerns over the presence of Chinese vessels in Benham Rise, which is not part of China’s expansive maritime claim in the region.

China has claimed it was only exercising “navigation freedom” and has assured the Philippines that it would respect its rights over the area.

Duterte, who has been forging stronger ties with China, said the Chinese government had informed him beforehand of its plan to pass through the continental shelf.

Last week, Magdalo Rep. Gary Alejano revealed that the Department of Foreign Affairs (DFA) had permitted a Chinese vessel to conduct research at Benham Rise and has urged the government to be careful in granting China access to Philippine waters. The lawmaker noted that China has been claiming 80 percent of the Philippines’ exclusive economic zone in the South China Sea through the so-called ninedash line.

Benham Rise, located in the eastern seaboard, is not among the areas disputed by the Philippines and China.