HULI MAN DIN: Let us hope it is not yet too late to correct the blunders of some officials who, by ignorance or stupidity, have done, said, or signed something that have weakened the Philippine claim on Sabah (North Borneo).
Alarmed by lapses of Philippine officials, some of them negotiating for the government, Malacanang rushed recently a memorandum circular laying down guidelines on what to do or not do in relation to Sabah issues.
The memorandum may also help blunt a possible ruling of the Supreme Court that the Memorandum of Agreement on (Moro) Ancestral Domain that negotiators of President Gloria Arroyo had signed with the Moro Islamic Liberation Front is unconstitutional.
The President has been accused of moving to dismember the Republic with the carving out of a Bangsamoro state through the MoA-AD. The loss of Sabah as a consequence, or by default, would compound her problem, including her possible impeachment.
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RIGHTFUL CLAIM: The likely loss of Sabah by default was brought to the fore by the bungling of government “peace” negotiators who had agreed to give the secessionist MILF its own Bangsamoro embracing Mindanao, Sulu and Palawan.
For whatever it may be worth at this late date, Memorandum Circular No. 162 was issued last Aug. 20 by Executive Secretary Eduardo R. Ermita.
The preamble of the one-page circular says: “By virtue of Article 1 of the Philippine Constitution on National Territory, the Philippines has historical and legal right over certain parts of North Borneo (Sabah).
“It is in the national interest to safeguard the country’s historical and legal rights in North Borneo (Sabah).
“The Philippines believes in the peaceful resolution of disputes with neighboring countries as provided under the same Constitution, which expressly states that the Philippines adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.
“There is need for guidelines with regard to activities, acts or statements in relation to North Borneo (Sabah) for the protection of the said rights.”
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GUIDELINES: The memorandum circular prescribed these guidelines:
1. No department, agency, or instrumentality of the Philippine government shall make any act or statement expressing or implying, directly or indirectly, any recognition of a foreign state’s sovereignty over North Borneo (Sabah) or non-recognition of Philippine title or historical and legal rights to the same.
2. Any official activity, act or statement relating to North Borneo (Sabah) or which may have bearing on the Philippine claim to said territory shall be carried out only with the clearance of or after consultations with the Department of Foreign Affairs.
3. Reference to North Borneo (Sabah) in official documents should not include its being part of a larger nation/federal territory. These documents include, but are not limited to, the following: Philippine passports, agreement, agreed minutes, joint communiqués, record of discussions, and similar documents.
4. Philippine government officials visiting North Borneo (Sabah) shall provide the DFA with a report on their travel thereto.
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IGNORANCE: With these guidelines, officials involved in discussions and the signing of documents that may be related, however remotely, to Sabah must always insert a reservation that our claim is alive and being pursued.
Filipino officials, even if entertained to the max by their Malaysian counterparts in a foreign capital, are admonished not to forget Sabah.
Back in Manila, even Malacanang officials must brush up on Sabah issues lest they lose sight of the claim formally made by no less than the father of President Arroyo, then President Diosdado Macapagal.
That some Filipino negotiators and emissaries had jeopardized the claim out of ignorance does not mitigate their treasonous act. Stupidity may even aggravate it.
Their principals in the home office, all the way up to Malacanang, are just as liable.
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SABAH LEASE: The basic fact that must not be forgotten is that Sabah is owned by the Filipino Sultan of Sulu (now by his heirs), who merely leased it to a British company in the 1880s.
Until now rental is still being paid. Even unlettered Filipinos are wont to ask: If indeed Sabah is part of Malaysia, why is Kuala Lumpur paying rent?
Under British direction, Malaysia took over unilaterally the rights of the British North Borneo Company leasing it and annexed the property in 1963 to its federation as a member-state with the name of Sabah.
Filipinos were hurt when their ally the United States -- with whom they have a mutual defense pact -- did not lift a finger, but even connived, they think, with the United Kingdom in forcing the formation of a Malaysian federation that included Sabah.
We are anxiously waiting for President Arroyo, the country’s sole spokesman in foreign affairs, to address the nation and say where she stands on the Sabah question.
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SUMMON SANTOS: Senate Minority Leader Aquilino Pimentel Jr. was right in asking the Supreme Court investigating panel to include Jesus Santos, a lawyer of First Gentleman Jose Miguel Arroyo, in its probe into the “decisions for sale” scandal at the Court of Appeals.
Santos has admitted asking Presidential Commission on Good Government chairman Camilo Sabio to talk to his brother CA Justice Jose Sabio to decide the dispute between the Manila Electric Co. (Meralco) and the Government Service Insurance System in favor of the latter. And Camilo admitted talking to his brother.
That was a brazen attempt to influence the disposition of a pending case imbued with public interest -- and Santos was not even examined? Are some justices, incumbent and retired, moving to protect a Big Shot?
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