Saturday, February 9, 2013

Cory Aquino and the Republic's sovereignty rights over Sabah


PLEASE BE WARNED: THE POSTER SAYING "SHE GAVE SABAH AWAY" IS WRONG! 

IT IS NOT TRUE THAT MRS AQUINO GAVE SABAH AWAY... WE NEED NOT LIKE A PARTICULAR PRESIDENT BUT WE MUST STICK TO FACTS! 

WE ARE RATHER SURPRISED TO READ AN ASSERTION IN SOME POSTS IN OTHER PAGES ON FACEBOOK THAT PRESIDENT CORY AQUINO GAVE SABAH AWAY.... To assert such notion is to play right into Malaysia's thieving hands!

BEFORE ANYTHING, we would like to assure everybody that we do not profess to be a pro-Aquino or pro-Marcos community nor anti any one of them. We are Patriots and as such defenders of Philippine sovereignty above all else.

We believe that those who insist that Pres Cory Aquino gave away Sabah are playing right into Malaysia's hands. They don't have to be pro-Aquino or pro-Marcos or even anti any one of them but FACTS ARE FACTS. 

First of all, what is the basis of those accusing Mrs Aquino of "giving Sabah away?"

Mrs Aquino could not have given away Sabah -- she might not have been interested in getting it back or did not do what was needed to be done, eg.,taken Malaysia to the ICJ, but neither did she relinquish sovereignty rights over Sabah which as everyone knows the Philippine government obtained under President Diosdado Macapagal when the Sultanate of Sulu, Sultan Esmail Kiram I officially transferred Sabah's sovereignty rights to the Republic on 12 Septe 1962 or a year before then Malaya Federation physically annexed Sabah. 

Moreover, the 1987 Constitution makes absolutely no mention of giving away sovereignty rights over Sabah which, again, the Philippines at the time possessed.

Here is Article 1 of the 1987 Constitution (promulgated under President Cory Aquino): 

ARTICLE I- NATIONAL TERRITORY•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. 

Allow us to be emphatic: "...all other territories over which the Philippines has sovereignty" = MEANS THAT SABAH IS PART OF THE PHILIPPINES BECAUSE SOVEREIGNTY RIGHTS OVER SABAH WERE OFFICIALLY TRANSFERRED (signed and sealed) TO THE REPUBLIC OF THE PHILIPPINES BY THE SULTANATE OF SULU ON 12 SEPT 1962 DURING THE TERM OF PRESIDENT DIOSDADO MACAPAGAL LONG BEFORE THE 1987 CONSTITUTION WAS PROMULGATED. HENCE, SABAH HAS NOT BEEN EXCLUDED AT ALL FROM THE SCOPE OF PHIL NATIONAL TERRITORY UNDER THE 1987 CONSTIUTION CONTRARY TO WHAT SOME BELIEVE. Link: 1987 Philippine Constitution or view post here.

We must be absolutely careful not to play into the hands of Malaysians by saying that Mrs Aquino gave Sabah away. There is no proof, tangible or not tangible that she gave Sabah away. The act also will not be doing the Tausugs, the Sultanate of Sulu and the people of Mindanao a favour at all because to "renounce" sovereignty rights over Sabah (especially on the basis of a dislike for a president living or dead) is what Malaysia seeks.

Furthermore, on 20th August 2008, Malacanang Memorandum Circular No. 162 (shown) was issued by then Executive Secretary Eduardo Ermita on behalf of the Gloria Macapagal Arroyo government concerning North Borneo (Sabah) which, unless revoked by the current dispensation (Government under President Benigno Aquino III), remains in place -- IT EXPLICITLY PROHIBITS any department, agency, and by extension all govt officials, civil servants, employees, etc from saying or printing or acknowledging or recognising that Sabah is part of Malaysia. Link: Malacanang Memorandum Circular No. 162 - Guidelines on Matters Pertaining to North Borneo (Sabah)

Until there is tangible proof that the Republic's sovereignty rights over Sabah have been formally, legally and officially given away by the Republic, we must be careful to play into Malaysia's hands.

We cannot, on the excuse that we do not like such and such president or such and such administration, "cut off our noses to spite our faces."


NB: For those who are interested in the Sabah lease, link here: MORAL AND LEGAL CLAUSE - PROVISION SPELLED OUT IN ORIGINAL LEASE CONTRACT

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