Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 5860

Introduced by: HON. JOSE L. ATIENZA, JR.

EXPLANATORY NOTE

The Benham Rise, located off the Philippines’ Pacific Coast and within its exclusive
economic zone, was confirmed by the United Nations Commission on the Limits of the
Continental Shelf as part of its continental shelf on April 12, 2012. Our country has sovereign
rights over this protected economic development area, together with the utilization of any and all
natural resources within.

Ithas been established that indeed Benham Rise contains very essential natural gases and
other minerals, as well as diverse marine life, including endangered species of fish. Hence, the
‘urgent need to protect and sustainably develop the natural resources in the area.

This bill seeks to create the Benham Rise Protection and Development Authority/a
technical government agency that would protect and manage Benham Rise to ensure thal these
natural resources that are rightfully ours would not be exploited and abused by other coufttries
claiming it to be their own.



Republic of the Philippines
Congress of the Philippines
Metro Manila
HOUSE OF REPRESENTATIVES
Seventeenth Congress

First Regular Session

House Bill No, 2360

Introduced by Rep. Jose L. Atienza, Jr.

AN ACT
CREATING THE BENHAM RISE PROTECTION AND
DEVELOPMENT AUTHORITY, PROVIDING FUNDS THEREFOR
AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

Section 1. Title. This Act shall be known as “Benham Rise Protection and
Development Authority Act.”

Section 2. Declaration of Policy. — \t is the policy of the State to protect
and develop Benham Rise as part of the national territory consistent with the
mandate provided under the constitution. For this purpose, it is imperative to create
an institution that would be primarily responsible for the establishment, promotion,
coordination, facilitation and implementation of policies, plans and programs to
attain the objective of safeguarding national interests in and harnessing full and
exclusive economic benefits from Benham Rise.


Section 3. The Benham Rise Protection and Development Authority. —
There is hereby created a body corporate to be known as Benham Rise Protection
and Development Authority, hereinafter referred to as the “Authority.” It shall
have a life of fifty (50) years from its organization and may be renewed for another
fifty (50) years. It shall be organized not later than six (6) months after the
approval of this Act. The Authority shall be an agency attached to the National
Economic and Development Authority (NEDA).

Section 4. Boundaries and Limits of Benham Rise. — Benham Rise is a
13 million hectare, more or less, underwater region east of the island of Luzon off
the provinces of Aurora and Isabela within coordinates 119°30°E to 132°00°E and
12°10°N to 20°30°N latitude recognized and approved by the United Nations
Commission on the Limits of the Continental Shelf on April 12, 2012 as part of the
continental shelf of the Philippines. All natural resources found in the waters,
seabed and subsoil within Benham Rise form part of the national wealth and
belongs to the State.

Section 5. Powers and Functions of the Authority. - The Authority shall
have the following powers and functions:

a. Formulate, in consultation and coordination with other relevant
government agencies, non-government organizations and private individuals or
entities, policies, plans and programs for the protection, preservation, sustainable
development and utilization of all natural resources found within the Benham Rise
region;

b. Coordinate and work together with the legislative and executive
bodies of government for the enactment of appropriate laws or executive issuances
pertinent to the governance of the Benham Rise region, including the exploration,
development and utilization of all natural resources found therein, to make sure the
region’s economic benefits are reserved and available exclusively to Filipinos only
and that the development and utilization thereof are done in a balanced and
sustainable manner for the enjoyment of future generations of Filipinos;

c. Implement all laws, policies, plans and programs established and
created for the protection, preservation and development of the Benham Rise
region in coordination and cooperation with other relevant government agencies;

d. Establish a comprehensive and integrated database on Benham Rise
necessary for planning, formulation of programs and decision-making process;

2


eG, Promote and facilitate public and private investments that would
enhance the economic development of Benham Rise, in close coordination with the
agencies primarily mandated to undertake such functions;

f. Call upon other government agencies for any needed assistance in the
enforcement of all applicable laws, rules and regulations, the protection of national
security and national interests, including law enforcements against illegal intruders
and poachers, the exploration and scientific study of the entire area and the
sustainable exploitation of the natural bounties of the region;

g. — Raise funds from other sources than government appropriations to
finance programs, projects and activities related to the protection and development
of Benham Rise;

h. Advocate and promote education and public awareness about Benham
Rise, including its history, the legal bases of the Philippines’ sovereign rights over
it, the natural resources found therein and other relevant facts and information;

i. Review and recommend for approval by the NEDA Board such
Benham Rise programs, projects and plans by the national government and donor
agencies, subject to existing laws, rules and regulations;

if Receive and administer donations, contributions, grants, bequests, or
gifts, in cash or in kind, from foreign governments, international agencies, private
entities and other sources, including Official Development Assistance (ODA), to
be used in the development of Benham Rise, subject to existing laws, rules and
regulations;

k. To cause the building of any structure that would be deemed
necessary in the implementation of its mandate;

+H To sue and be sued, enter into contracts or agreements, acquire,
purchase, hold, lease, transfer or dispose of property of any kind or nature to carry
out the purposes of this Act;

. Exercise such other functions that may be deemed necessary or as
may be provided by law.



Section 6. The Board of Directors.- The powers and functions of the
Authority are vested in and shall be exercised by the Board of Directors,
hereinafter referred to as the “Board,” which shall be composed of the following:

a.

The NEDA Director-General, which shall act as the Chairman of the
Board;

The Administrator of the Authority, which shall act as the Vice-
Chairman of the Board;

Eleven (11) other members composed of the following:

N

The Secretary of the Department of Environment and Natural
Resources (DENR) or his duly authorized representative;

The Secretary of the Department of Energy (DOE) or his duly
authorized representative;

The Secretary of the Department of Agriculture (DA) or his
duly authorized representative;

‘The Secretary of the Department of Science and Technology
(DOST) or his duly authorized representative;

The Secretary of the Department of Finance (DOF) or his duly
authorized representative;

The Secretary of the Department of Tourism (DOT) or his duly
authorized representative;

The Secretary of the Department of Public Works and
Highways (DPWH) or his duly authorized representative;

‘The Secretary of the Department of National Defense (DND) or
his duly authorized representative;

Three (3) representatives from the private sector to be
appointed by the President, upon the recommendation of the
other members of the Board, comprising one (1) representative
each from the:


a. Business Sector;
b. Academe;
c. Non-government Organizations.

The term of the three (3) representatives from the private sector shall be six
(6) years, provided that they shall continue to hold office until their successors
shall have been appointed, provided further that all vacancies created prior to the
expiration of the term of the member concemed shall be filled for the unexpired
term only;

Members of the Board shall receive a per diem at the rate to be determined
by the Governance Commission for Government-Owned-or-Controlled
Corporations (GCG), in accordance with existing rules and regulations, provided
however, that the per diem collected per month does not exceed the equivalent per
diem of four (4) meetings, provided further that the amount of per diem for every
Board meeting may be increased by the President or GCG but such amount shail
not be increased within two (2) years from its last increase.

Section 7. The Administrator. - The Authority shall be headed by an
Administrator which shall be appointed by the President of the Philippines upon
the recommendation of the NEDA Director General. The Administrator shall serve
for a term of six (6) years from the cate of his or her appointment unless sooner
arated from service by reason of Geath, voluntary resignation or removal from
office for a cause, provided that no person shall be appointed as Administrator
unless he or she is a holder of a degree in law or a masters degree in any of the
following fields: economics, business. public administration, management or their
equivalent and have at least ten (10) years relevant experience in said fields.

The Administrator shall exercise executive and/or administrative functions.

Section 8. Organization. — The Administrator shall draw up the
organizational structure of the Authority, including the pay scales of staff, subject
to existing civil service and compensation laws. The Administrator may reorganize
the Authority and may create or abolish positions as the exigencies of the affairs of
the Authority may require.

Section 9. Appropriations. — The amount necessary for the operation of
the Authority shall be included in the annual General Appropriations Act (GAA),
provided that such amount necessary for energy resource development and


exploitation shall be sourced from the Malampaya funds, subject to existing laws,
rules and regulations.

Section 10. Implementing Rules and Regulations. — The Administrator, in
coordination with the relevant government agencies and stakeholders, shall, within
sixty (60) days from the effectivity of this Act, promulgate and publish the
necessary implementing rules and regulations to give effect to the purposes and
intent of this Act, provided that failure to promulgate such implementing rules and
regulations shall not prevent the implementation of this Act upon its effectivity.

Section 11. Separability Clause. - If any provision of this Act is declared
invalid, the remainder of this Act or any provision not affected thereby shall
remain in force and effect;

Section 12. Repealing Clause. - All laws, presidential decrees, executive
orders and their implementing rules, inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.

Section 30. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.

Approved.