Had Magdalo Rep. Gary Alejano not raised the issue, the public would not have known that the Department of Foreign Affairs has allowed China — specifically, a research vessel operated by that country’s Institute of Oceanology of the Chinese Academy of Sciences — to conduct purportedly scientific marine research in Philippine Rise.
Formerly called Benham Rise, the area is a 13-million-hectare underwater plateau in the Philippine Sea, 250 kilometers east of the province of Isabela, that the United Nations officially recognized as part of the Philippine continental shelf in 2012, along with the sovereign rights to explore and exploit resources in it.
Philippine Rise is far from and well outside the waters in the South China Sea almost all of which are claimed by China through its so-called “nine-dash line,” a supposedly historical basis of ownership that the Permanent Court of Arbitration in The Hague rejected as without basis in July 2016. That same ruling also declared that Beijing’s actions in the region had violated the Philippines’ sovereign right to fish and explore for resources within its own 370-kilometer exclusive economic zone.
The same sovereign right by the Philippines exists in Philippine Rise, an area that is incontrovertibly Philippine territory, with no scintilla of ownership dispute and recognized by international law as such.
So what is a Chinese vessel doing in those waters? And why did the DFA grant it permission to conduct research there, considering the testy relations the country has had with China over its island-grabbing in the South China Sea — including islands that have long been part of Philippine territory?
As Senior Associate Justice Antonio Carpio keenly pointed out: “If a bully has squatted on your front yard and requests to look at your backyard, would you grant the request of the bully?”
More strangely, why was all this kept under wraps by Foreign Secretary Alan Cayetano — hidden from public discussion and scrutiny until Alejano’s revelations forced some sort of justification out of him?
Cayetano has defended the Chinese vessel’s incursion into Philippine Rise by 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.
Carpio said no such local law exists, but Article 246 of the UN Convention on the Law of the Sea (Unclos) — of which both China and the Philippines are signatories — does call on “coastal states” like the Philippines to, “in normal circumstances, grant their consent for marine scientific research projects by other countries.”
Only the most blinkered observer would deny that Beijing’s militarization of the South China Sea and its disrespect for the arbitral court’s ruling have long nullified that condition of “normal circumstances.”
So any hint of interest on its part for—let alone active entry into—another part of the Philippine territory would naturally raise red flags in any reasonable Filipino’s mind. But apparently not in Cayetano’s, or Malacañang’s.
Given his office’s justification for this suspicious Chinese activity in Philippine Rise, Cayetano must be asked: Who, then, is the Filipino scientist aboard the Chinese vessel, whose presence in the ship supposedly was a reason for the permission given? What are the findings of the research vessel so far? Where have these findings been published, who benefits from them, and for what specific ends was the maritime research undertaken?
Unless Malacañang becomes forthcoming and transparent about the tradeoffs it is forging with China for promised loans and assistance, questions like these will continue to point at an inconvenient notion: this administration’s apparently inexhaustible capacity to bend over backward to accommodate Beijing.