Esperon: China surveyed Benham Rise without permit in 2004

China's survey of the Benham Rise in 2004, the same study that led to its naming of five underwater features in the area, had no authorization from the Philippine government, National Security Adviser Hermogenes Esperon said on Monday.

At a hearing of the Senate Committee on Science and Technology, Esperon said China's maritime scientific research (MSR) in the waters east of Luzon "did not go through the process."

"[They] conducted MSR in our area in 2004. It did not go through the process, they had no permit," said Esperon, a former chief of staff of the Armed Forces of the Philippines.

Esperon admitted Manila did not know of the trespass at the time "for reasons of our capacity and capabilities to monitor the area."

While claiming they are "very much concerned," he said the Philippine Navy has "sufficient but limited capabilities."

He said the MSR in 2004 led to China naming five of the undersea features in the rise. The Chinese names have since been approved by an International Hydrographic Organization.

The Philippines submitted in 2008 a territorial claim over the Benham Rise as part of its extended continental shelf. The United Nations approved the claim in 2012.

According to geopolitical expert Professor Jay Batongbacal, China should have asked permission from the Philippine government in 2004 even if the Benham Rise claim was approved in 2012.

"The surveys were within our EEZ (exclusive economic zone), which we had claimed as early as 1978. UNCLOS' entry into force in 1994 essentially recognized that EEZ, so we had jurisdiction over EEZ/CS within 200 (nautical miles)  from that time," Batongbacal said.

"China should have secured permission even during that time," he added.

Earlier this year, China was granted permission to conduct what Filipino scientists have claimed was a research on ocean currents.

The drew criticisms because of China's claims in most of the South China Sea in the western side of the archipelago.

Foreign Affairs Assistant Secretary Lourdes Yparraguirre confirmed the unauthorized research cruise in 2004, and informed committee chair Senator Paolo Benigno Aquino IV that the matter has been discussed in a bilateral meeting with China.

"They didn't object at all," the diplomat said when asked for China's reaction.

She said the Philippines in that meeting "stressed" that all future MSR on Philippine waters should have the consent of the Philippines.

However, she declined to disclose the details of the meeting, instead referring Aquino to Foreign Affairs Secretary Alan Peter Cayetano, the chair of the Philippine delegation during the meeting.

The matter, she said, could be discussed in an executive session.

Meanwhile, Rear Admiral Erick Kagaoan, Armed Forces of the Philippines chief of naval staff, also admitted there were other foreign ships in Philippine waters without diplomatic clearance.

He said they have monitored "not that many" vessels from countries he did not name, and claimed the number was closer to five than 50. —NB, GMA News