Vicshanne Marle G.

Pano BE1-A

Sabah

The Philippine claim is based on the argument that the 1878 Deed concerning the two Europeans and signed by
the Sulu sultan was a treaty of lease. In 1950, Congress adopted a "Concurrent resolution expressing the sense of
the Philippines that North Borneo belongs to the heirs of the sultan of Sulu and the ultimate sovereignty of the
Republic of the Philippines and authorizing the President to conduct negotiations for the restoration of such
ownership and sovereign jurisdiction over said territory."In 1961, President Diosdado Macapagal filed the
Philippine claim to Sabah. The next year, in the U.N. General Assembly, the Philippine vice-president appealed for
help in promoting a peaceful resolution to the Sabah issue. In 1962, the heirs of the Sulu sultan issued a
declaration entitled "Recognition and authority in favor of the Republic of the Philippines," which ceded and
transferred sovereignty over Sabah to the Philippines. Following that declaration, the Republic of the Philippines
accepted the cession of sovereignty made by the Sulu sultan. In that same year, Congress reiterated its 1950 prior
resolution. Over the years, the Sulu Sultan's heirs eventually met President Corazon Aquino, who advised them to
organize themselves. In 1966, she wrote the Malaysian prime minister asking him to increase the lease payment.
However, Malaysia contends that in 1989, the Sulu sultan's heirs revoked their authorization issued to the
Philippine government as their representative. In 2001, another heir sent another demand letter for an increase
in lease payments. In 2008, President Gloria Arroyo issued "Guidelines on Matters Pertaining to Sabah," which
required any official activity related to Sabah to first obtain clearance from the Department of Foreign Affairs. In
2009, President Arroyo signed the new law on the archipelagic baselines of the Philippines, which I sponsored.
This law was upheld in 2011 by the Supreme Court, which categorically stated that the Philippines retains its claim
to Sabah. It should be emphasized that the Philippine claim has been supported by no less than the British
minister of foreign affairs at that time, Earl Granville.

Section 1: The Philippines has sovereignty over its territory, consisting of the islands and waters encompassed by
its archipelagic baselines, its territorial sea, and its airspace.It has sovereignty over islands and features outside its
archipelagic baselines pursuant to the laws of the Federal Republic, the law of nations, and the judgments of
competent international courts or tribunals. It likewise has sovereignty over all the other territories belonging to
the Philippines by historic right or legal title.Section 2. The Philippines has sovereign rights over that maritime
expanse beyond its territorial sea to the extent reserved to it by international law, as well as over its extended
continental shelf including the Philippine (Benham) Rise. Its citizens shall enjoy the right to all resources to which
they are entitled by historic rights. The national territory comprises the Philippine archipelago, with all the islands
and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction,
consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the
insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. North
Borneo belongs to the Philippines by historic right and legal title. It belongs to the Sultanate of Sulu, which is part
of Philippine territory under both the Spanish and American colonial authorities. The territory was eventually
leased by a British corporation for several years.

Government officials have pledged that road improvements currently underway in Sabah will form part of a
sweeping development plan that is expected to benefit every district in the state. The plan includes expansion
projects and new roads that will improve connectivity through the region, which will provide the state’s districts
with a number of economic opportunities. However, it faces scepticism from some districts where people fear the
upgrades will not stretch deep enough into rural areas.

Duterte has previously declared his intentions to pursue the country’s claim on Sabah. These declarations
generate political support from Muslim groups in the South who believe Sabah should be included within an
independent ‘Bangsamoro’ (Muslim nation) region. Duterte, the first president from the southern region of
Mindanao, has long been a proponent of federalism, which he claims will redress the balance of power between
‘Imperial Manila’ and local governments, through local courts, business regulations and taxes. This will
purportedly help end the conflict in the South that has stunted rural economic growth, driven by the Moros’
(Philippine Muslims’) struggle for autonomy. Realistically, both objectives are unlikely to be realised, and Duterte
knows this – admitting recently that the country is ‘not ready for a federal system’. He is merely playing to his
support base. But by doing so, Duterte bolstered the legitimacy of a sensitive political issue, giving voice to fringe
groups and unsettling bilateral relations.
West Philippine Sea

Mr. Duterte raised the ruling in his recent bilateral meeting with Xi in Beijing, during which Xi refused
to budge from China’s position that the expansive waters which overlaps with the Philippines’
exclusive economic zone is a Chinese territory. Duterte has long been criticized by nationalists and left-
wing groups for not immediately demanding Chinese compliance with the ruling by an arbitration
tribunal in The Hague that declared China’s claims to virtually the entire South China Sea invalid under
the 1982 U.N. Convention on the Law of the Sea. The ruling also upheld the Philippines’ sovereign
rights over a wide stretch of waters called the exclusive economic zone, where Chinese territorial
claims have delayed for years Manila’s plan to explore and extract potential undersea deposits of oil
and gas.
Under international law, the Philippines has sovereign rights not sovereignty over the West Philippine
Sea. Under international law, the Philippines has sovereignty over its territorial sea (12 nautical miles),
and jurisdiction over its EEZ (beyond 12 nautical miles up to 200 nautical miles). International law does
not recognize sovereignty beyond the 12-nautical mile territorial sea. This firms up, among other
things, the Philippine position with regards to the Permanent Court of Arbitration's ruling on the West
Philippine Sea, declaring China's claim to it as invalid. "It gives constitutional status to the arbitral
judgement.” said Aquino. The proposed article also introduces the concept of "sovereign rights" to the
Philippine constitution. Sovereign rights are the type of rights the Philippines has over areas
like Benham (Philippine) Rise and the West Philippine Sea. It was the country's sovereign rights which
China violated through its reclamation activities and harassment of Filipino fishermen in the West
Philippine Sea, according to the arbitral ruling.

The West Philippine Sea is not only rich in corals and giant clams but also seaweed, seagrass, marine
animals, and microorganisms. These have the potential to become sources of new drugs, medicines,
and other biotechnological products. The UP MSI scientists stressed the importance of the West
Philippine Sea, which comprises 40% of the country’s Exclusive Economic Zone (EEZ), to the nation’s
food security in the face of a sharp decline in the Philippine fisheries industry. "Our exclusive
economic rights also come with equal responsibility to protect, manage, and sustainably use the
resources in our WPS EEZ, a responsibility enshrined in our constitution and national laws," it said.
Citing reports of Chinese fishing vessels harvesting endangered giant clams and corals in the area, the
UP MSI said such activities wreak havoc on the marine environment, and ultimately affect the food
supply of many Filipinos. Including the national government and other academic and research
institutions – has a role to play in protecting the West Philippine Sea. They said that even ordinary
citizens can help educate people, improve the level of discourse with scientific facts and data, and stop
misinformation and disinformation.

The Philippines has not given up its sovereignty rights over certain areas in the disputed South China
Sea, President Duterte insisted yesterday. Duterte made the claim even after he had discussed the
matter in the past with Chinese President Xi Jinping.“We are not giving up our rights in the West
Philippine Sea. As a matter of fact, we are still insisting until now to the point that they are now
willing…” he said during his trip off the coast of Aurora.