SEVEN ! EENTli CONCRESS OF THE ) 
REPL 13L1C OF THE P lilL llT lN E S  
) 
First Regular Session 
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MAR 27 
A10-.07
SENATE
Senate Bill No. 
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RECEiVtU BV;
Introduced bv Senator Antonio “Sonnv” F. Trillanes IV
AN ACT
CREA I ING THE BENHAM 
RISE DEN ELOP.MEN I 
CONIMISSION (BRDC), 
DEFINING ITS POWERS AND FENCTIONS, PRON IDING FENDS THEREFOR 
AND FOR OTHER PURPOSES
EXPLANATORY NOPE
In 2009, the Philippines submitted before the United Nations Commission on the Limits of the 
Continental Shelf its claim to the Benham Rise region. Said claim was based on the 1982 
United Nations Convention on the Laws of the Sea (UNCLOS) and the 2008 Archipelagic 
Baseline Law (Republic Act No. 9522) which puts Benham Rise within the maritime boundary 
of the country. In 2012, the United Nations (UN) Commission on the Limits of the Continental 
Shelf adopted said submission, giving Philippines exclusive sovereign rights to explore and 
utilize the natural resources within the exclusive economic zone (EEZ) and the continental 
shelf of the said area.1
Previous studies conducted by the Department of Environment and Natural Resources (DENR) 
on the Benham Rise area indicated large deposits of methane (in solid fonn) and manganese 
modules.' Additionally, the National Mapping and Resource Infonnation Authority (NAMRIA) 
speculates the presence of gas deposits in the area. However, despite this foreseen economic 
potential and with more than four years since the decision of the UN, no exploration has been 
conducted in Benham Rise area.
Therefore, there is an urgent need to look into this matter and initiate strategies to maximize 
the economic potentials of the region at the country's advantage. There is also a need to 
strengthen the role of government agencies such as the DENR and the Department of Energy 
(DOE) in conducting more extensive researches on the pool of natural resources available in 
the region. This urgency is also in light of the alleged plying of Chinese survey ships in the 
area.
Panaligan, R. (2017, March 14). PH has sovereign rights over Benham Rise: Carpio. Retrieved from 
http;//news.mb.com.ph/2017/03/14/ph-has-sovereign-rights-over-benham-rise-carpio/
2 Alave, K. (2012, April 28). UN approves PH territorial claim to Benham Rise. Retrieved from 
http://newsinfo.inquirer.net/183779/un-approves-ph-territorial-claim-to-benham-rise


If enacted into law. this bill seeks to cicatc a Benham Rise Development Commission (BRDC), 
which will be tasked to spearhead the exploration and development, and to secure and galvanize 
the rights of the country to the Benham Rise region.
In view of the forgoing, the passage of this measure is earnestly sought.
A M  
‘ SONNY” I .\1K1LLANES IV
• 
Senator


SE \ EN TEEN Til CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
)
First Rci^uUir Session
SENATE
Senate Bill No. 1411
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S)ninte
lOftirr of the Sri-urtar^
*17 
MAR 27 
A10X)7
RECtIVtU B';
0
Introduced bv Senator Antonio “Sonnv” F. Trillancs IV
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AN ACT
CREATING THE BEN HAM RISE U E\ELOI\M ENT COMMISSION (BRDC), 
DEFINING ITS POWERS AND FUNCTIONS, PROMDING FUNDS THEREFOR 
AND FOR OTHER IT RPOSES
Be it enacted by the Senate and the House of Representatives of the Republic of the 
Philippines in Congress assembled:
SECTION \. Short Title. - This Act shall be known as the “Benham Rise Development 
Commission " or "BRDC'.
SECTION 2. Declaration of Policy. - It is the policy of the State to tap and accelerate 
the sound and sustainable dc\ elopincnt of Benham Rise, particularly on its potential to be a 
rich source of alternative energy, minerals, marine resourees, and as a possible tourism 
destination.
Towards this end, an effective institutional mechanism shall be established to address 
the need for a coordinated and integrated approach in the fonnulation and implementation of 
various development plans, programs, and projects that will optimize the full potential of 
Benham Rise.
SECTION 3. Creation o f the Benham Rise Development Commission. - There is 
hereby created a body to be known as the Benham Rise Development Commission, hereinafter 
referred to as the Commission.
The Commission shall be the sole policy-making body of the government which shall 
be tasked to promote, coordinate, monitor, facilitate, and evaluate the programs and action 
plans of the government relating to the Benham Rise pursuant to the provisions of this Act. 
The Commission shall encourage the active and extensive participation of all sectors to effect 
the exploration, and shall secure the rights of the State over the Benham Rise.
The Commission shall be organized within one hundred eighty (180) days after 
approval of this Act. It .shall be an attached agency to the Office of the President. It shall 
establish its principal office in Tuguegarao, Cagayan, and may put up such branches as may be 
necessary to achieve the objective of this Act.


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SECTION 4. Coveru^’e. - The Commission sliall cover all natural resources located at 
the Benham Rise, encompassing more or less the 13-million hectare underw ater plateau w'ithin 
coordinates 119°30‘E to 132‘’00'E and 12°10‘N to 20"30'N latitude, as provided in the decision 
of the United Nations Con\ ention on the Law of the Sea (UNCLOS) which provides that the 
aforementioned landmass is part of the Philippines' continental shelf and territory.
SECTION 5. Composition of the Commission. -.The Commission shall be composed 
of the following:
a) One (1) Commissioner to be appointed by the President which shall act as the 
Chairperson of the Board;
b) One (1) Commissioner which shall be responsible for the National Panel of Technical 
Experts. This panel will be responsible for research and development; and
c) One (1) Commissioner which shall be responsible for the Advisory Panel. This panel 
will be responsible for regulations and policy making.
SECTION 6. Quulifications, Tenure, ond Compensation of the Commissioners. - The 
Commissioner shall serve a term of six (6) years from the date of his/her appointment unless 
sooner separated from service due to mental/physical incapacity, death, voluntary resignation 
or removal for cause; Provided, That no person shall be appointed as Commissioner unless 
hc/.she is a holder of a degree in law or a master’s degree in any of the following fields; 
economics, business, public administration, law, management or their equivalent, and have at 
least ten (10) years relevant experience in said fields: Provided, further. That he/she shall be a 
resident of the Philippines for at least five (5) years before the appointment.
The Commissioners shall work full-time. They shall receive regular salary and 
compensation appropriate to their level and rank, and in accordance with the Salary 
Standardization Law and with existing rules and regulations.
SECTION 1. Powers and Functions of the Commission. - The Commission shall have 
the following powers and functions:
a) Fomiulate an integrated development framework for Benham Rise that is consistent to 
the development initiatives of the national government, as far as practicable;
b) Integrate, prioritize, plan and implement, whenever allowed and authorized by 
applicable laws, programs, activities and projects at the Benham Rise, including 
Official Development Assistance (ODA) projects, subject to such limitations prescribed 
by existing laws, rules and regulations;


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c) Recommend to and, whenever necessary, call upon the proper agencies on the technical 
support, physical assistance and. generally, the level of priority to be accorded to 
environmental, agricultural, fisheries, energy, industrial, commercial, infrastructure, 
tourism, technological and scientific programs and projects soliciting or requiring direct 
or indirect help from or through the national govemment or any of its agencies or 
instrumentalities;
d) Advocate national policies that will foster the integrated, balanced and sustainable 
development of Bcnham Rise;
e) Promote and facilitate public and private investments in any field that would enhance 
the economic dcxelopment of Bcnham Rise in close coordination with agencies 
primarily mandated to undertake such functions;
f) Explore other sources of financing, if applicable or necessary, for priority Benham Rise 
related programs, projects and activities;
g) Coordinate and facilitate the extension of necessary planning, management and 
technical assistance to prospective and existing investors, complementary and in 
support of agencies primarily mandated to execute such functions;
h) Establish a comprehensive and integrated database on Benham Rise needed for 
planning and decision making;
i) Monitor, evaluate and formulate recommendations in the implementation of 
development programs, activities and projects involving Benham Rise;
j) 
Provide strategic direction for the sustainable and long-term development of Benham 
Rise;
k) Establish appropriate mechanisms to ensure the timely implementation of Benham Rise 
projects, whenever necessary, as far as practicable, including, but not limited to, public- 
private partnership;
l) Review and recommend for approval by the Office of the President such Benham Rise 
programs, projects, and plans by the national govemment and donor agencies subject 
to existing laws, rules and regulations;
m) Act as the official and pcmianent lead agency of the government in coordinating the 
fonnulation and implementation of policies and programs;
n) Receive and administer donations, contributions, grants, bequests or gifts, in cash or in 
kind, from foreign governments, international agencies, private entities and other


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sources, including ODA, to be used in the development of Benhain Rise, subject to 
existing laws, rules and regulations;
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0) To sue and be sued, enter into contracts, acquire, purchase, hold, lease, transfer, dispose 
of property of any kind or nature to carry out the purpose to this Act; and
р) Discharge other functions that may be deemed necessary or as may be provided by law.
The Chairperson of the Commission shall submit to the President and both Houses of 
Congress annual reports on its accomplishments and activities.
SECTION 8. Power and Duties o f the Chairperson of the Commission. -  The 
Chaiipcrson of the Commission shall ha\ e the following powers and duties:
a) To direct and manage the affairs of the Commission in accordance with its policies, 
programs and rules and regulations;
b) Call and preside meetings of the Commissioners and see to it that the policies, programs 
and rules and regulations arc implemented properly;
с) Call on outstanding and credible individuals in the fonnulation and implementation of 
a comprehensive and integrated development plan for Benham Rise, the preparation of 
investment programming priorities, annual reports and other pertinent documents 
approved by the Commission;
d) Identify solutions to key issues and concerns, taking into account related risks, affected 
parties and impact, in coordination with the Board and key stakeholders;
e) Advocate the Commission's work among the various concerned sectors and 
stakeholders;
f) Call on any agency, group, individual member of the Commission, local government 
unit, and host community to address issues and concerns relating to implementation of 
major programs, projects and activities;
g) Supervise the monitoring and timely implementation of Benham Rise related programs, 
projects and activities;
h) Endorse to the Commission all policy recommendations, plans and programs for 
approval;
1) Accept, on behalf ot the Commission, donations, contributions, grants and bequests or 
gifts, in cash or in kind, from members, foreign govemments, international agencies.


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private entities or any individual for purpose that will realize the functions of the 
Commission;
j) Supervise administrative operations including disbursement of any fund of the 
Commission, subject to the usual accounting and auditing procedures, and submit 
reports thereon;
k) Execute and administer the policies and measures approved by the Commission;
l) Appoint all employees of the Commission, and remove, dismiss or otherwise discipline 
for cause, such employees in accordance with the standard guidelines for recruitment, 
employment, and discipline in the Civil Service Code;
m) Represent the Commission in all dealings with other offices, agencies, and 
instrumentalities of the government and with all persons and entities, public or private;
n) Sign agreements and/or contracts on behalf of the Commission, including those for 
expert and consultant services and other reports of accountabilities emanating from the 
Commission; and
o) Perfonu such other functions that the Commission may direct to carry out the provisions 
of this Act or which are necessary or incidental to his/her office.
SECTION 9. Advisory Panel. - The Commission shall have an Advisory Panel 
composed of the following;
a) Department of Environment and Natural Resources (DENR) Secretary or the duly 
authorized representative with a minimum rank of an assistant secretary;
b) Department of Energy (DOE) Secretary or the duly authorized representative with a 
minimum rank of an assistant secretary;
c) Department of Agriculture (DA) Secretary or the duly authorized representative with a 
minimum rank of an assistant secretary;
d) Department ot Science and Technology (DOST) Secretary or the duly authorized 
representative with a minimum rank of an assistant secretary;
e) Department of Finance (DOF) Secretary or the duly authorized representative with a 
minimum rank of an assistant secretary;
f) Department of Tourism (DOT) Secretary or the duly authorized representative with a 
minimum rank of an assistant secretary;


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g) Department of Transportation and Communication (DOTC) Secretary or the duly 
authorized representative with a minimum rank of an assistant secretary;
h) Department of Foreign Affairs (DFA) Secretary or the duly authorized representative 
with a minimum rank of an assistant secretary;
i) 
Department of National Defense (DND) Secretary or the duly authorized representative 
with a minimum rank of an assistant secretary; and
j) National Economic Development Authority (NEDA) Director-General or the duly 
authorized representative with a minimum rank of Director.
The members of the Advisory Panel shall be appointed by the President from a list of 
nominees submitted by their respective offiecs. They shall serve for a term of six (6) years 
without reappointment. Appointment to any vacancy shall be only for the unexpired term of 
the predecessor.
SECTION 10. Panel o f Technical Experts. - The Commission shall constitute a 
national panel of technical experts consisting of practitioners in disciplines that are related to 
oil and gas extraction and processing, hydrography, marine ecology, surveying, hydrology, 
including, but not limited to, oceanography.
The Panel shall perfonn research and development and provide technical advice to the 
Commission in maritime science, technologies, and best practices for the extraction and 
development of oil and gas fields.
The Commission shall set the qualifications and compensation for the technical experts. 
It shall provide resources for the operations and activities of the Panel.
SECTION 11. Secretariat. - A Secretariat is hereby established to serve and assist the 
Board in the effective implementation of this Act. The Secretariat shall be headed by an 
Executive Director, appointed by the Chairperson of the Commission upon the 
recommendation or concurrence of the other two Commissioners: Providcii, That no person 
shall be appointed as Executive Director unless he/she is a holder of a degree in any of the 
following fields: economics, business, public administration, law, management or their 
equivalent and have at least five (5) years relevant experience in said fields: Provided, further, 
That he/she shall be a resident of the Philippines five (5) years prior to his/lier appointment and 
has the requisite eligibilities for third level career service position pursuant to the career 
executive rank system.
SECTION 12. Organizational Structure. - The Chairperson, with the concurrence of 
the Commissioners, shall detennine the organizational structure, staffing pattern and pay scales 
of the Commission subject to existing civil service and compensation laws. The Chaiipierson


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and the Commissioners may reorganize the Commission and may create or abolish divisions, 
units or branches therein as the exigencies of the affairs of the Commission may require.
SEC riO N  13. Merit System. - All officials and employees of the Commission shall be 
selected and appointed on the basis of merit and fitness in accordance with civil service law, 
rules and regulations. The recruitment, transfer, promotion, and dismissal of all its personnel 
including temporary workers shall be governed by a merit system that will be established by 
the Board in compliance with existing laws, rules and regulations.
SECTION 14. Appropriations. - Such amounts necessary to finance the initial 
implementation of this Act shall be sourced from the unprogrammed funds in the current 
General Appropriations Act (GAA). Thereafter, such amounts necessary for its continued 
implementation shall be included in the annual GAA: Provided, That such amounts necessary 
for energy resource development and exploitation programs and projects in Benham Rise shall 
be sourced from the proceeds of the Malampaya Fund, subject to existing laws, rules and 
regulations.
SECTION 15. Implementing Rules and Regulations. - The Commission, in 
coordination and consultation with the Advisory F’anel, shall, within sixty (60) days from the 
date of effectivity of this Act, promulgate and publish the rules and regulations for the effective 
and faithful implementation of this Act; Provided, That the failure of the promulgation of the 
said rules and regulations shall not prevent the implementation of this Act upon its effectivity.
SECTION 16. Separability Clause. - If any portion or provision of this Act is 
subsequently declared invalid or unconstitutional, other provisions hereof which are not 
affected thereby shall remain in full force and effect.
SECTION 17. Repealing Clause. - All other laws, acts, presidential decrees, executive 
orders, presidential proclamations, issuances, rules and regulations or parts thereof which are 
contrary to or inconsistent with any of the provisions of this Act are hereby repealed, amended 
or modified accordingly.
SECTION 18. Effectivity. - This Act shall take effect fiffeen (15) days after its 
publication in the Official Gazette or in at least two (2) newspapers of general circulation.
Approved,