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What’s going on in Benham Rise?

The decision of the Duterte government to allow Chinese scientists to do research in Benham Rise, renamed Philippine Rise, a 13-million-hectare undersea region off the provinces of Isabela and Aurora has generated heated discussions layered with patriotism, nationalism, ignorance, sinophobia – all combined.

In 2009, the United Nations Commission on the Limits of the Continental Shelf (CLCS) declared that Benham Rise is part of the Philippine’s extended continental shelf (350 nautical miles from the shores).

UNCLOS’s declaration gave the Philippines sovereign rights over the area but not sovereignty – the supreme right of the state to command obedience within the area.

As explained by Senior Associate Justice Antonio T. Carpio, the Philippine’s sovereign rights over Benham Rise includes “to explore and exploit the oil, gas and other mineral resources in Benham Rise, and even the sedentary species (e.g., abalone, clams and oysters.”

Carpio also said, “Other states, like China, have the right to conduct in Benham Rise (1) fishery research because the fish in the ECS belongs to mankind; (2) surveys on water salinity and water currents because the water column in the ECS belongs to mankind; and (3) depth soundings for navigational purposes because there is freedom of navigation in the ECS. If the Chinese vessels were looking for submarine passages and parking spaces, that would be part of freedom of navigation and the Philippines has no reason to complain.”

Amid the controversy, the University of the Philippines Marine Science Institute issued the following statement explaining the project they are doing with Chinese scientists. The statement is a bit long but I deemed it right to give to you in its entirety for us to better understand the project:

I love Mocha Uson

Mocha Uson. From her FB

She entertains us.

Last Wednesday, she provided distraction from the revolting picture of Senate President Aquilino “Koko” Pimentel III, House Speaker Pantaleon Alvarez, Senate majority Leader Vicente “Tito” Sotto III and House Majority Leader Rodolfo Fariñas doing the fist pump over dinner in a restaurant in the midst of reports that Alvarez wants to convene a Constitutional Assembly to change the Constitution even it consists only of congressmen and a few senators.

Imagine transferring Mayon Volcano which is currently in tantrums from Albay to Naga City in Camarines Sur some 100 kilometers away.

The truth is in the numbers

Sara duterte kisses the hand of her father during the IBP Davao chapter oathtaking on September 30, 2017. Malacañang photo by Robinson Niñal.

Take note that in the statements of Presidential Spokesman Harry Roque and Davao City Mayor Sara Duterte, they were not denying the contents of their bank accounts cited by VERA Files in its special report about the President and his daughter’s undeclared wealth.

They dismissed the story as “hearsay” because they said the bank records, where we based the report, have not been authenticated by the Anti-Money Laundering Council.

Last Sunday, VERA Files, which I am part of, released its analysis of the bank documents which Sen. Antonio Trillanes IV exposed in April 2016 comparing them with the Duterte father and daughter statements of assets, liabilities and net worth.

This is what VERA Files found out:

Curtailing freedom of expression redux

Moves in the House of Representatives to insert the words “”responsible exercise” in the freedom of speech part in the Constitution’s Bill of Rights is a revival of the same attempt made by the government of Gloria Arroyo in 2006.

Last week, Deputy Speaker Fredenil Castro (Capiz’s second district, informed the House of Representatives’ Committee on Constitutional Amendments of the proposal on Tuesday (January 16).

Castro proposed that Article 3, Section 4 of the Bill of Rights which states “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances ” should be reworded to “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.”

Deputy Speaker Fredenil Castro. Photo from UNTV.

Duterte, Sara fail to declare P100M investments, documents show


By VERA Files

President Rodrigo Duterte and his daughter Sara omitted to fully disclose their joint deposits and investments at the Bank of Philippine Islands, which conservatively exceeded P100 million in some years, when they were mayor and vice mayor of Davao City, our analysis of bank records submitted to Congress and their annual net worth declarations shows.

According to the bank records, Duterte and Sara’s transactions with BPI, initially its Greenhills-EDSA branch and later the Julia Vargas branch, included:

• A P48.17 million placement in 2006 that grew to P55.13 million by 2013
• A P40.55 million investment in 2009 that stood at P41.72 million in 2013
• About $220,000, roughly P10 million, from 2006 to 2012
• The purchase of P80 million in insurance policies in 2014
• A P16.85 million investment begun in 2014

The bank records came from the Senate. Sen. Antonio Trillanes IV entered the documents that he said were from the Anti-Money Laundering Council (AMLC) into the Senate records on Oct. 3 after delivering a privilege speech saying the president had more than P2.2 billion in questionable bank transactions.

Carpio insists for China’s acceptance of Arbitral Court ruling for PH Rise research

Old massive corals grow in the bank undisturbed. This slow-growing coral may have a life span of up to 900 years. Photo by OCEANAUPLB.
The latest issue on Philippine Rise, formerly known as Benham Rise, focused on Senior Associate Justice Antonio T. Carpio’s statement that China should not be allowed to conduct marine scientific research in Philippine Rise which the United Nations Commission on the Law of the Sea has recognized as part of the Philippine extended continental shelf (350 nautical miles from the shore).

Presidential Spokesperson Harry Roque disagrees.

Carpio said, “UNCLOS is a ‘package deal,’ which means that a state that ratifies UNCLOS must accept its rights and obligations as one entire package. A ratifying state cannot cherry pick – accepting only certain provisions and rejecting others.

“By refusing to accept the award of the UNCLOS arbitral tribunal pursuant to the dispute settlement provisions of UNCLOS, China is not accepting its obligation under UNCLOS. China should not be allowed to enjoy its rights under UNCLOS, like conducting MSR in Benham Rise, while it refuses to accept its obligation under the arbitral award. Otherwise, China is cherry picking and not taking UNCLOS as one package deal.”

Despite corporate questions, Rappler case still a press freedom issue

Photo from Rappler.

Despite Malacañang’s denial, there is no doubt that the decision of the Securities and Exchange Commission to revoke Rappler’s registration as a media entity is a press freedom issue.

The SEC arguments seem solid for a non-lawyer like me but I wonder, had Rappler been supportive of Duterte, would the Office of the Solicitor General have filed a case questioning the ownership of Rappler?

On the other hand, even if Duterte hated Rappler, if SEC didn’t find anything amiss in their corporate makeup, would it have moved for the kill?

Journalist turned lawyer Romel R. Bagares posted this comment on Facebook which generated an informative discussion among his fellow lawyers, many of them advocates of free expression and are active in fighting the proliferation of fake news.

Duterte cannot choose not to be a statesman


Pres. Duterte receives the credentials of Ambassador-Designate of Malta to the Philippines John Aquilino in Malacañan Palace on January 9, 2017. Malacañang photo by King Rodriguez.

At the birthday party of House Speaker Pantaleon Alvarez last Friday, President Duterte again justified his being uncouth with the flawed reasoning that he did not study to become a statesman.

“Kaya ugali ko talaga, pang-mayor lang. Nung sinabi nila na hindi ako statesman, hindi naman ako nag-aral pang-statesman (My habits are for being mayor. They say I’m not a statement. I didn’t study to be a statesman.)

Dungug Kinaray-a

San Jose Mayor Elmer Untaran congratulates Julbert R. Paloma, first prize winner in Short Story category and second prize winner for Poetry as Ritchie Pagunsan (left), one of the primemovers of Dungug Kinaray-a and Fr. Danny Tabuyan (behind the podium), chair of 2017 Kinaray-a writing contest, look on.

Whenever I tell people that I’m from Antique, the next question I usually get is “Where is that?”

I have developed a standard answer to that: It’s in Western Visayas, one of the four provinces that comprise the island of Panay : Aklan, Antique, Capiz Iloilo.

I do that in order that I would be spared the next question which usually is, “Is that, in Aklan? Or In Iloilo?”

Then I get asked, what’s the dialect there, Ilonggo? I say, Kinaray-a.

Sir Jake

At Malaya’s Christmas party last Dec. 14, Sir Jake’s eyes lighted up while telling me that the Batuan fruit tree that I gave him many years ago that he planted in his farm in Lipa has been bearing fruit nonstop.

He complained, however, that he can’t seem to grow seedlings from the fruits and asked me to bring him another seedling.

I got him one when I went home to Antique for the holidays and was supposed to give it to him next week when I go to Malaya’s office.

Yesterday, I was shocked to learn that he has passed away.

Malaya Publisher Jake P. Macasaet