The inclusion of the previously unexplored Benham Rise into Philippine waters has stirred public interest as to the resources potential of this jurisdictional region.

1. Benham
Rise
–
The
Rising
Star
of
Philippine
Resources?
The
inclusion
of
the
previously
unexplored
Benham
Rise
into
Philippine
waters
has
stirred
public
interest
as
to
the
resources
potential
of
this
jurisdictional
region.
Benham
Rise
is
a
shallow
bathymetric
feature
comprising
a
submerged
extinct
volcanic
ridge
located
east
of
Luzon,
at
16
degrees
30
minutes
N,
124
degrees
45
minutes
E.
It
has
the
size
of
about
250
km
in
diameter
and
rises
over
2,000
meters
(2
km.)
above
the
sea
floor,
from
below
5,000
meters
(5
km.)
to
above
3,000
meters
(3
km.)
below
sea
level.
The
shallowest
part,
which
is
Benham
Bank,
is
less
than
50
meters
deep.
American
surveyors
who
were
the
probable
discoverers
of
the
geological
feature
named
the
landform
after
Admiral
Andrew
Ellicot
Kennedy
Benham.
Figure
1
The
bathymetric
model
of
the
Benham
Rise
Region.
(Source:
ECS
Submission
of
the
Republic
of
the
Philippines)
The
Philippine
Claim
The
Philippine
Government
based
its
claim
on
the
Benham
Rise
on
Republic
Act
No.
9522,
also
known
as
the
Archipelagic
Baselines
Law,
and
asserted
that
on
the
basis
of
seismic
and
magnetic
data
and
other
geological
features,
the
region
is
an
extension
of
the
Philippines’
continental
shelf.
The
successful
claim
can
be
attributed
to
the
quiet
and
diligent
work
and
collaboration
done
by
a
team,
which
includes
scientists
and
legal
experts
from
the
University
of
the
Philippines
through
the
National
Institute
of
Geological
Sciences
(“UP-­‐NIGS”)
and
the
Institute
of
International
Legal
Studies
of
the
UP
College
of
Law
(“UP-­‐IILS”).
It

2. started
with
a
workshop
in
2001
to
assist
the
Department
of
Foreign
Affairs
and
the
National
Mapping
and
Resource
Information
Authority
(“NAMRIA”)
with
regard
to
the
implementation
of
the
Law
of
the
Sea
and
discuss
the
requirements
for
claiming
the
extended
continental
shelf
(“ECS”)
areas
for
the
Philippines.
The
late
Dr.
Teodoro
Santos
of
UP-­‐NIGS
identified
and
proposed
Benham
Rise,
then
a
relatively
unknown
area
of
the
Pacific
Ocean
east
of
Luzon,
as
a
possible
ECS
area.
Dr.
Santos
has
provided
valuable
insights
for
developing
national
policies
on
deep
seabed
mining
and
the
continental
shelf
under
the
Law
of
the
Sea,
and
represented
the
Philippines
in
important
international
scientific
gatherings.
The
workshop
resulted
in
an
inter-­‐agency
Memorandum
of
Agreement
among
key
government
agencies
and
the
academe
to
work
together
to
prepare
the
ECS
claims.
NAMRIA
conducted
hydrographic
surveys
from
2004
to
2008
and
thereafter
the
Philippines
filed
its
claim
for
Benham
Rise
in
2008
in
compliance
with
the
requirements
of
the
United
Nations
Convention
on
the
Law
of
the
Sea
(“UNCLOS”).
On
12
April
2012
the
Commission
on
the
Limits
of
the
Continental
Shelf
(“CLCS”)
of
the
United
Nations
adopted
in
full
the
Republic
of
the
Philippines’
Submission
for
an
ECS
in
the
Benham
Rise
Region.
In
late
May
2014,
a
team
of
marine
scientists
and
divers
from
the
UP
Marine
Science
Institute
(“UP-­‐MSI”),
Ateneo
de
Manila
University
and
Xavier
University
led
by
Dr.
Cesar
Villanoy,
explored
the
shallowest
parts
of
Benham
Rise’s
ocean
floor
and
collected
artifacts
and
data
from
which
plans
on
future
expeditions
can
be
charted.
This
led
Senator
Grace
Poe
to
introduce
Senate
Resolution
No.
707
on
09
June
2014
“Urging
the
Departments
of
Foreign
Affairs
and
Energy
and
the
UP
Marine
Science
Institute
to
Conduct
Short-­‐
and
Long-­‐Term
Scientific/Marine
Research
Studies
and
Exploration
and
Development
Approaches
on
the
Benham
Rise”.
On
23
July
2014,
the
UP
Institute
for
Maritime
Affairs
and
Law
of
the
Sea
(“UP-­‐
IMLOS”)
and
the
UP-­‐MSI
co-­‐hosted
a
law
and
policy
workshop
on
the
exploration
and
development
of
Benham
Rise.
UP-­‐IMLOS
Director
Dr.
Jay
L.
Batongbacal,
Legal
Advisor
and
Delegate
of
the
Philippine
Extended
Continental
Shelf
Project,
presented
a
brief
history
of
the
application
process
before
the
CLCS
while
experts
from
the
UP-­‐MSI
and
UP-­‐NIGS
presented
the
findings
from
the
initial
expedition.
Dr.
Batongbacal
explained
during
the
workshop
that
under
UNCLOS,
the
exploration
and
development
of
this
new
jurisdictional
region
involves:
exclusive
sovereign
rights
for
purposes
of
exploring/exploiting
natural
resources
(Art.
77.1)
including
mineral
and
other
non-­‐living
resources
of
seabed
and
subsoil
(Art.
77.4),
sedentary
species
(Art.
77.4);
exclusive
jurisdiction
over
establishment
of
artificial
islands,
installations
(Art.
80);
and
exclusive
right
to
regulate/authorize
drilling
(Art.
81).
The
workshop
participants
discussed
the
policy
implications
and
possibilities
for
exploring
and
managing
the
Benham
Rise
region
especially
with
respect
to
marine
environment,
mining
and
petroleum,
fisheries,
and
maritime
security.

3. Benham
Rise
is
believed
to
have
immense
deposits
of
manganese
and
natural
gas.
Government
agencies
and
industry
stakeholders
are
now
trying
to
identify
the
resources
and
how
best
to
develop
them.
But
let’s
look
and
ponder
at
present
available
data
and
the
state
of
technology
capable
of
harnessing
the
resources.
Petroleum
Resources
The
Department
of
Energy
is
open
to
the
idea
that
exploratory
projects
in
the
Benham
Rise
may
be
included
in
the
Philippine
Energy
Contracting
Round.
However,
the
landform
is
obviously
volcanic
in
nature
so
there
is
a
need
to
determine
and
test
the
extent
of
sediments
that
will
generate
petroleum.
To
begin
with,
there
is
scant
geologic
and
geophysical
data
for
grassroots
energy
exploration.
Exploring
in
water
depths
of
2,000
to
3,000
meters
through
bottom
sampling
or
drilling
is
quite
challenging
and
thus
geologically
risky
and
expensive
by
industry
standards.
Private
resource
companies
may
be
reluctant
to
spend
exploration
capital
on
a
relatively
untested
area.
More
extensive
studies
requiring
risk
capital
are
necessary
to
confirm
the
presence
of
petroleum
resources
in
commercial
quantities
in
the
area.
An
article
in
The
Economist,
(14
May
2009)
mentioned
that
the
slopes
of
the
continental
shelf
can
have
abundance
of
methane
hydrates,
which
are
white,
sorbet-­‐like
compounds
that
exist
in
profusion
under
the
sea,
perhaps
containing
more
energy
in
total
than
all
known
deposits
of
fossil
fuels.
However,
present
technology
makes
it
impossibly
awkward
to
extract.
Deep
Seabed
Mining
The
seabed
under
territorial
and
international
waters
is
now
considered
the
next
emerging
mining
arena
and
the
venue
of
the
next
“gold
rush”
by
both
governments
and
private
industry.
Three
types
of
deep-­‐sea
mineral
deposits
have
drawn
interest
-­‐
seafloor
massive
sulphides
(SMS),
manganese
nodules,
and
cobalt-­‐rich
crusts.
Currently
the
most
commercially
feasible
are
SMS
located
in
the
Pacific
Ocean,
which
are
created
by
the
activity
of
deep-­‐sea
hydrothermal
vents.
On
the
other
hand,
deep-­‐sea
manganese
nodules
can
be
recovered
from
the
west
Mariana
and
Philippine
Basins.
The
Economist
reported
that
the
technology
in
the
machines
needed
to
carry
out
deep
seabed
mining
is
no
longer
exotic.
Lying
on
the
surface
of
the
seabed,
massive
sulphide
formations
with
high
concentrations
of
copper,
gold,
zinc
and
silver
may
contain
several
million
tonnes
of
ore.
Miners
are
able
to
work
1-­‐2
kilometers
below
water
level
because
at
this
depth,
technology
developed
for
the
offshore
oil
industry
can
be
employed
for
mining
using
the
deep-­‐water
pumps
and
suction
pipes
developed
to
bring
subsea
oil
up
to
the
surface.
The
petroleum
industry
has
also
developed
remotely
operated
vehicles
to
make
trenches
for
seabed
pipelines,
which
can
be
adapted
for
cutting
ore,
even
though
it
may
lie
much
deeper.
Deep
seabed
mining
summits
are
now
being
held
regularly
as
a
forum
for
stakeholders,
entrepreneurs
and
governments
to
set
out
their
vision
for
the

4. future
of
the
industry.
UK
Prime
Minister
David
Cameron
estimated
that
the
seabed
mining
industry
could
be
worth
up
to
£40
billion
to
the
United
Kingdom
(The
Guardian,
14
March
2013).
The
president
of
the
International
Marine
Minerals
Society
and
noted
Russian
marine
geologist,
Dr.
Georgy
Cherkashov,
linked
the
scramble
for
seafloor
exploration
licenses
to
the
reality
of
“first
come,
first
get,”
saying
the
rush
to
secure
the
most
promising
sites
represents
“the
last
redivision
of
the
world.”
(New
York
Times,
09
July
2012)
Deuterium
Delirium
Jules
Verne
predicted
in
1874
that
hydrogen
from
water
would
be
the
fuel
of
the
future.
Deuterium,
a
fuel
for
fusion
reactors
and
other
high-­‐tech
uses
can
be
extracted
through
a
tedious
and
expensive
laboratory
process
but
some
scientists,
by
virtue
of
the
characteristics
of
the
isotope,
believe
that
huge
deposits
can
be
found
in
the
deepest
part
of
the
ocean
including
that
of
the
Philippine
Trench.
However,
this
energy
source
is
highly
controversial
and
dismissed
as
a
pseudo-­‐science
fraud,
and
functional
fusion
reactors
exist
only
in
Star
Trek.
The
South
China
Morning
Post,
(02
September
2004)
reported
that
among
those
who
lent
credibility
to
the
idea
was
then
Senator
Aquilino
Pimentel,
who
brought
the
matter
up
for
discussion
in
a
congressional
committee
deliberation,
and
Communist
Party
spokesperson,
Luis
Jalandoni,
who
castigated
the
Philippine
government
for
not
exploiting
"alternative
energy
sources"
like
the
deuterium
in
the
Philippine
Deep.
Bloomberg
Business
Week
(24
October
2013)
narrated
that
Imelda
R.
Marcos,
widow
of
the
late
Philippine
strongman
Ferdinand
Marcos,
has
by
her
own
admission
spent
“millions
of
dollars
a
year”
to
secure
an
exclusive
right
to
extract
water
from
the
Philippine
Trench.
According
to
Mrs.
Marcos,
Edward
Teller
the
father
of
the
H-­‐Bomb
first
broached
the
idea
of
the
country’s
unknown
treasure
in
1971
during
a
visit
to
Manila.
Mrs.
Marcos
plans
to
harvest
the
Philippines’
astonishingly
vast
reserves
of
deuterium
lying
in
the
lower
reaches
of
the
Philippine
Trench
concentrated
by
the
tremendous
pressure
of
one
of
the
ocean’s
deepest
places.
Imelda’s
son
Senator
Ferdinand
R.
Marcos,
Jr.
even
introduced
Senate
Bill
No.
2593
on
10
November
2015
seeking
to
create
a
Hydrogen
Research
and
Development
Center
which
shall
be
managed,
operated
and
maintained
by
the
Department
of
Science
and
Technology.
During
a
Congressional
inquiry
in
1988,
deuterium
as
an
energy
source,
was
dismissed
as
a
hoax
by
scientists
led
by
the
then
dean
of
the
UP
College
of
Science,
Dr.
Roger
Posadas.
Dr.
Posadas
offered
a
scathing
assessment
of
the
enthusiasm
for
the
potential
of
deuterium,
saying
the
whole
yarn
was
“a
gauge
of
our
country’s
extremely
unscientific
culture
and
strong
proclivity
toward
reliance
on
miracles
as
solutions
to
our
national
problems.”

5. Issues
to
Consider
As
the
insatiable
demand
for
minerals
and
energy
surges
bringing
explorationists
to
once
untouched
deep-­‐water
frontiers,
new
technological
developments
are
helping
to
drive
forward
this
new
industry.
However
as
in
any
resource
ventures,
the
challenges
facing
seabed
exploration
in
the
Benham
Rise
needs
to
be
identified.
No
legal
regime
for
deep
seabed
Mining.
The
Mines
and
Geosciences
Bureau
admitted
that
there
are
no
administrative
rules
that
will
regulate
deep
seabed
exploration
and
development
of
mineral
resources.
Currently
the
MGB
issues
Government
Seabed
Quarry
Permits,
which
are
clearly
inapplicable
and
inadequate
for
such
capital-­‐intensive
and
high-­‐risk
operations.
Government
regulators
should
be
able
to
come
out
with
something
similar
to
the
"Mining
Code",
which
refers
to
the
comprehensive
set
of
rules,
regulations
and
procedures
issued
by
the
International
Seabed
Authority
(“ISA”)
to
regulate
prospecting,
exploration
and
exploitation
of
marine
minerals
in
the
international
seabed
area.
Based
in
Kingston,
Jamaica,
the
ISA
is
an
intergovernmental
body
established
by
the
Law
of
the
Sea
Convention
that
was
established
to
organize
and
control
all
mineral-­‐related
activities
in
the
international
seabed
area
beyond
the
limits
of
national
jurisdiction,
an
area
underlying
most
of
the
world’s
oceans.
Lack
of
data
and
technology
The
Philippines
does
not
have
the
technology
or
the
financial
capability
to
explore
or
exploit
the
Benham
Rise
on
its
own.
The
country’s
limitations
open
it
to
partnerships
with
foreign
interests
both
government
and
private
industry,
offering
opportunities
for
research
and
eventually
shared
exploitation
of
the
resources.
In
this
regard,
the
government
has
to
enter
into
the
necessary
agreements
with
interested
foreign
governments
and
deep
seabed
mining
companies
from
developed
countries.
Further,
the
information
generated
from
research
and
exploration
in
the
Benham
Rise
can
also
be
vital
for
the
exploration
and
development
of
resources
in
the
seabed
area
beyond
the
limits
of
Philippine
national
jurisdiction.
Environment
For
environmental
advocates
the
idea
of
this
emerging
mining
enterprise
coming
to
fruition
is
concerning.
Little
is
known
about
the
biodiversity
that
exists
deep
below;
some
scientists
suggest
it
would
take
10-­‐15
years
of
extensive
research
before
we
can
even
begin
to
understand
this
deep
marine
ecosystem.
Marine
experts,
government
representatives
and
campaigners
alike
want
to
see
the
“precautionary
principle”
applied,
citing
the
serious
environmental
risks
seabed
mining
poses.
The
scale
of
the
potential
environmental
impacts
has
not
been
thoroughly
studied
and
currently
there
is
no
system
in
place
to
protect
the
marine
life
of
the
high
seas,
despite
the
fact
that
the
world’s
governments
have

6. long
been
committed
to
establish
a
global
network
of
marine
reserves.
(www.greenpeace.org/international/deep-­‐sea-­‐mining)
On
the
other
hand,
the
role
of
“coastal
stakeholders”
should
be
identified
and
delineated.
This
is
to
determine
if
their
consent
is
needed
and
compensation
agreed
to
if
mining
activities
are
likely
to
impinge
on
fishing
and
other
customary
rights.
Benham
Rise
was
purportedly
part
of
the
culture
of
ancient
Filipinos
with
ancient
Catanduanes
people
have
fished
and
roamed
the
area
long
before
the
colonial
era
and
celebrated
in
local
folktales,
legends
and
poetry.
(http://en.wikipedia.org/wiki/Benham_Rise)
Security
matters
Unlike
offshore
petroleum
development
projects
undertaken
in
the
West
Philippine
Sea
that
faces
substantial
difficulties
in
attracting
risk
capital
given
the
political
tensions
with
other
claimants
particularly
China,
Benham
Rise
is
undisputedly
peaceful
and
resources
found
in
the
area
are
free
for
the
country
to
utilize
and
develop.
China
cannot
establish
direct
claim
over
the
Benham
Rise,
not
with
the
Philippines
in
its
way.
While
relations
between
Beijing
and
Taiwan
have
seesawed
between
aggression
and
attempts
at
rapprochement,
in
the
event
of
reunification,
China
may
use
Taiwan
as
a
stepping-­‐stone
and
assert
a
counter-­‐
claim
for
the
Benham
Rise.
Thus
it
is
important
that
the
Philippine
government
as
this
early
stage
assert
a
strategic
stronghold
on
this
maritime
region
with
the
possibility
of
putting
up
installations
not
farfetched.
Conclusion
As
we
move
into
an
era
of
mining
the
deep-­‐ocean
floor,
the
world’s
most
remote
and
least
understood
environment,
resource
companies
and
state-­‐sponsored
resources
ventures
are
working
on
overcoming
the
perceived
challenges
while
environmental
activists
are
keenly
on
guard.
There
is
now
significant
interest
in
the
ocean’s
resources
within
territorial
waters,
particularly
in
the
Pacific
Ocean.
The
Benham
Rise
is
the
country’s
latest
frontier
and
will
certainly
open
up
an
understanding
of
the
adjacent
seafloor
currently
under
or
being
applied
for
exploration
grants
from
the
seabed
authority.
By
undisputedly
and
unequivocally
controlling
resources
rights
in
its
jurisdictional
waters,
the
Philippine
government
can
fully
exercise
exclusive
sovereignty
by
getting
to
the
bottom
of
what
lies
beneath
and
zealously
guarding
the
metes
and
bounds
of
this
newly
acquired
territory.
Fernando
“Ronnie”
Penarroyo
is
the
Managing
Partner
of
Puno
and
Penarroyo
Law
(fspenarroyo@punopenalaw.com).
He
specializes
in
Energy,
Resources
and
Environmental
Law,
Business
Development
and
Project
Finance.