Skip to content

DFA is misleading public in Sabah for Spratlys issue

Disclosure: I am one of the trustees and writers of VERA Files, a group of veteran journalist who put out articles that take a deeper look at current issues.

Last Monday, VERA Files released a story, “PH offers Sabah to win Malaysia’s support for UN case vs China.
The article said, “ The quid pro quo was contained in a note verbale the Department of Foreign Affairs handed to a representative of the Malaysian Embassy last week, a week after the visit of Malaysian Defense Minister Dato Seri Hishammuddin Tun Hussein.

“The note verbale, a copy of which was obtained by VERA Files, referred to the May 6, 2009 joint submission by Malaysia and Vietnam to the United Nations Commission on the Limits of the Continental Shelf (CLCS) in which Malaysia claimed an extended continental shelf (350 nautical miles from baseline) that was clearly projected from Sabah.

“The Philippines, in an Aug. 4, 2009 note to the U.N. Secretary General, protested the joint submission because it effectively declared Sabah to be a Malaysian territory…

“In last week’s note verbale, however, the DFA informed the Malaysian government that it is ‘reviewing’ its 2009 protest and its action would depend on Malaysia’s response to Manila’s two requests related to the South China Sea conflicting territorial claims.

“The first request is for Malaysia to ‘confirm’ that its claim of an extended continental shelf is ‘entirely from the mainland coast of Malaysia, and not from any of the maritime features in the Spratly islands.’
“The DFA also requested Malaysia to confirm that it ‘does not claim entitlement to maritime areas beyond 12 nautical miles from any of the maritime features in the Spratly islands it claims.’”

In reaction to the VERA Files’ report, DFA Spokesman Charles Jose released this statement:

“The Philippines has excellent relations with Malaysia. In the context of our friendly bilateral relations, our two countries have been for years exchanging ways on how to address the issue of the extended continental shelf (ECS) in the South China Sea.

“The Note Verbale that was written about was part of this process. The Note is about the features in the South China Sea and their implications on ECS claims. Sabah is not in any way part of the Note.”

Yesterday, VERA Files issued this statement:

The Department of Foreign Affairs is misleading the public when it says “Sabah is not in any way part of the note” verbale the Phililippine government sent recently to Malaysia in denying VERA Files’s story ‘PH offers Sabah to win Malaysia’s support for UN case vs China.”

Note Verbale No. 15-1979 sent to Malaysia, the basis of VERA Files’ story, stated that it is reviewing the Aug. 4, 2009 protest (No. 000819) it filed with the United Nations.The Philippines’ August 2009 protest, contained in two pages, singles out North Borneo or the old name of Sabah.

The Philippines took issue with an earlier joint submission by Vietnam and Malaysia for the extended continental shelf because it “lays claims on areas that are disputed not only because they overlap with that of the Philippines, but also because of the controversy arising from the territorial claims on some of the islands in the area including North Borneo.”

Contrary to what DFA’s comment that putting out the story was a disservice to the country, VERA Files released the story in the interest of the public to help it fully understand the issues involved.

Together with the March 15, 2015 Note Verbale, VERA Files released to media outfits the Philippine government’s August 2009 protest so the public would have concrete basis in evaluating the statements from government officials.

The documents can also be viewed in www.verafiles.org.
RP Protest to Malaysia-Vietnam Joint Submission_Page_1A
RP Protest to Malaysia-Vietnam Joint Submission_Page_2B

Published inForeign AffairsMalaya

31 Comments

  1. chi chi

    Deliberately misleading the public on issues mentioned above, or natuturete na sila?

    If they pushed through with ‘gifting’ Sabah to Malaysia, that would be the strongest case for hanging someone upside down.

  2. Ana Duran Ana Duran

    Ninoy Aquino was the root of all the evils that happened to this country. He was too ambitious that he bombed Plaza Miranda and started CPP NPA and MNLF and surrendered Sabah to Malaysia to bring down Marcos so he can be in power.

    The Aquinos really brought this country to destruction with their legacy of lawlessness and callousness. They should be charged with TREASON for giving up the Philippines claim of Sabah.

  3. saxnviolins saxnviolins

    So we are executing a quitclaim? This is tantamount to the transfer or grant of title to Sabah, to Malaysia.

    The grant of land is usually done by an Act of Congress, not by the President. Styling this as a foreign relations matter is an attempt to finesse the issue and bring it under the exclusive authority of the President (foreign relations).

    Google all the land grant laws of the Philippines, from 1903, in the Colonial period, when land was given under Commonwealth Act 141 (Public Land Act).

    I know of no PD issued by Macoy to grant title to land to anybody. He left the public land acts untouched. The public land acts established a procedure. If you occupy land for a certain period, you will earn title to it, by operation of law. The executive’s participation (Land Registration office) only confirms the fact of ownership. That executive office, itself, does not grant title to land. It is the law (Act of Congress) that grants title.

    The only time when Philippine land was given, not by the legislature, was when land was given by the King of Spain; because, in a monarchy, sovereignty resides in the Crown, not in the people.

    Similarly, the Sultan of Brunei gave the land (Sabah) to the Sultan of Sulu, and the Sultan of Sulu gave it to the Philippines. There is no need for a legislative act, because the Sultans (of Brunei, and Sulu then) are sovereigns.

    So tama yang si vonjovi in the other thread. We now have a Sultan.

    Hail to Sultan Mamasapanot.

  4. Ana Duran Ana Duran

    Oh my golly….how the Philippines dismembered in no time at all. We lost Sabah and Mindanao right before our very eyes coutesy of the very smart President.

  5. Golberg Golberg

    Mawawala ang Sabah tapos baka sumunod ang Mindanao.
    Mayroon na tayong Sultan Panot eka ka ni Von Jovi.

    Well, ito na siguro ang sagot sa mga taong estupidong tanga.
    Binigyan tayo ng Presidenteng estupidong tanga, traydor pa.

  6. roc roc

    Iba ang intindi ko dyan. PNoy become president in 2010. In Aug 2009, he was not president then.

    In March 2015, The DFA, under PNoy’s watch, ay sumulat ng dawalang verbales to Malaysia. And in that verbales, DFA did offer Sabah, but only ask for clarifications.

  7. roc roc

    Correction: last sentence.

    “And in that verbales, DFA did not offer Sabah, but only ask for clarifications.”

  8. roc roc

    The Aug 4 2009 documents above stamped VERA Files did not show the signature of the author, was this done on purpose, hide the name of the author? My guess is the author would be the previous Foreign Sec, the one before Del Rosario.

  9. jamesb jamesb

    Here we go again.
    More lies, duplicity, and treachery from pnoy aquino and his administration, which would have been long gone in a genuine democracy, but in a feudal republic it gets away with murder – and has the body bags to prove it.

    And instead of answering basic questions, it simply ramps up the propaganda as a defense mechanism, or creates diversionary stories about pnoy aquino’s love life! Confused – he certainly is.
    Call a psychiatrist.

    In holy week i will pray for traitors who sell their soul, and give away what is not theirs to give.

  10. JBL JBL

    Crimea is Ukraine’s Sabah
    Muslim Sabah is the Philippine’s Crimea

    Russian Crimeans will and are fighting and dying for their Crimea
    Muslim Sabahans tried to do the same.

    Pilipino christians are doing what they are good at……
    talking and talking and talking and talking and talking and talking and….. SPRATLYYYYYYYYYY! wah happen? LOL

  11. JBL JBL

    This is an exciting week for me and my brother.

    He will be crucified in Pampanga and I will be running with the negro cristo statue in quiapo.Then Friday night will PUN PLIP PRIDAY with girls girls girls at the casino resort.

  12. vonjovi2 vonjovi2

    Sana Hayaan natin si Sultan P. ang mag paliwanag kung ano talaga ang nangyayari.
    Kasi kung siya ang mag papaliwanag ay tiyak na kung ano ano na naman ang ALIBI. Kada bukas ng bibig niya ay kung ano ano ang sinasabi at malalayo ang paliwanag.

    Ang mahirap nito ay baka sabihin nabola na naman ako ng Malaysia eh.
    Ang halok ng Malaysia ay Di na dadaan sa DATU PUTI PANOT at Sultan na agad ang titulo niya.

    Baka kasama si BFF sa Plano na naman kaya palpak talaga.

    Di alam ni Del Rosario.. by pass na naman.

  13. ROC #7, Contrary to your understanding that those in those note verbales,”DFA did not offer Sabah, but only ask for clarifications.”,please read the VERA Files article :

    http://verafiles.org/ph-offers-sabah-to-win-malaysias-support-for-un-case-vs-china/

    and our reply to DFA’s denial: http://verafiles.org/vera-files-statement-on-dfas-statement-on-sabah-for-spratlys-story/

    The last paragraph of the March 15, 2015 note verbale states it is is not just clarification that the DFA wants: “The DFA is reviewing its Note No. 000819 dated 4 August 2009 to the Secretary General of the United Natins protesting the aforementioned Submission to the Commission on the Limits of the Continental Shelf. Malaysia’s responses on the points raised above would be important in determining what action the Philippines will take in regard to that objection.”

    As responsible journalists, we asked experts in the issue for clarification. We checked and counterchecked information we got. And the result of those effort was the article we put out.

  14. #4, SnV. They are not yet there (quit claim). With this expose, I hope they would not push it.

    There are information we included in the article that are worth noting: “The quid pro quo was contained in a note verbale the Department of Foreign Affairs handed to a representative of the Malaysian Embassy last week, a week after the visit of Malaysian Defense Minister Dato Seri Hishammuddin Tun Hussein.”

    “Malaysia is currently the broker in the peace talks between the Philippine government and the Muslim rebel group, the Moro Islamic Liberation Front (MILF) for the creation of a Bangsamoro, an autonomous political entity in the southern part of the Philippines.”

  15. roc roc

    Hi Ellen, it’s the Aug 9, 2009 document I was referring to, why it did not bear the signature of the author, bearing in mind President Aquino become president only after the May 16, 2010 presidential election, and was sworn to office on June 30, 2010. And so, the implication that President Aquino could have been the originator of the Aug 9, 2009 document might be incorrect.

    My understanding is it was this Aug 9, 2009 document that might have offered Sabah to Malaysia in exchanged for Malaysia’s support.

    Then bilang pahabol, President Aquino’s Note Verbale dated March 2015 is reviewing the Aug 9, 2010 document. And as part of that review, a rep of Malaysian Embassy was contacted.

    In my humble opinion, I think, the note verbale sought to contain the damage that the Aug 9, 2009 document might have done.

  16. saxnviolins saxnviolins

    My understanding is it was this Aug 9, 2009 document that might have offered Sabah to Malaysia in exchanged for Malaysia’s support.

    PLease read the documents and the article carefully, before commenting.

    The 2009 document was the document protesting Malaysia’s claim to territorial waters projected from Sabah, as quoted
    below:

    The Joint Submission for the Extended Continental Shelf by Malaysia and Vietnam lays claim on areas that are disputed not only because they overlap with that of the Philippines, but also because of the controversy arising from the territorial claims on some of the islands in the area including North Borneo.

    The article claims that an offer was made to withdraw this 2009 protest.

    the DFA informed the Malaysian government that it is ‘reviewing’ its 2009 protest and its action would depend on Malaysia’s response to Manila’s two requests related to the South China Sea conflicting territorial claims.

    That is why I asked, if we are executing a quitclaim. But Ellen said no document quitting the claim has been made yet, there is just an offer to withdraw the protest.

  17. Thanks, Snv.

    The DFA official I talked with before we released the story said the Philippine claim on Sabah would still remain even if we withdraw the 2009 protest.

    Technically, that’s true. Because officially dropping the claim altogether would be politically suicidal.
    But as former ambassador to the UN Lauro Baja, Jr. said, “Even if we are not formally dropping the Sabah claim, it (the withdrawal of the protest) can be used as evidence against our claim.”

    That’s why the lead in our article was “The Philippines has offered to downgrade its claim on Sabah in exchange for Malaysia’s support for its case against China before the United Nations.”

    Why would the Philippine government do something that would weaken its claim on Sabah? That’s a most disturbing question we should all ask.

  18. Here we go again with the government’s classic diversionary tactic:

    The DFA said it was investigating the source of the leaked note verbale.

    In a press conference yesterday, Jose said the conclusion drawn from the note verbale given to a Malaysian representative was that it “had been done irresponsibly” and that the fact that it went public could possibly generate national security concerns.

    http://newsinfo.inquirer.net/682503/solons-warn-palace-you-cant-do-deals-without-us/2

  19. They can investigate all they want. It’s SOP for VERA Files to consult our lawyer before we release a story.We are confident we didn’t violate any law.

    As we stated in our statement, “It is in the interest of the public that we put out the story to help it fully understand the issues involved.”

  20. Ana Duran Ana Duran

    Ellen, What do you expect from a government that is devoid of competency and has been very friendly with Malaysia? Without Malaysia, the Aquinos will not be in power. Cory changed 1987 constituton to soften claim of Sabah and all presidents after Marcos specially Ramos are very friendly to Malaysia.

  21. LCsiao LCsiao

    #20

    As usual, those in power conjure the spectre of ‘national security’ whenever their devious ways are exposed.

    I wonder what Mr. T has to say about this.

  22. LCsiao LCsiao

    #18

    Seems like they have no other recourse but to resort to bare denials. So pathetic.

  23. JBL JBL

    WASHINGTON – The US Pacific Fleet is prepared to respond to threats against the security and stability of the Asia-Pacific region in the face of China’s undisputed land reclamation in the West Philippine Sea and South China Sea, its commander said.
    ***

    Juan Makabayan says: Yankee go home! No VFA, No EDCA.

    Yeah right!

  24. The US to go to war against China to help the Philippines in a territorial dispute that they have declared to be neutral?

    That would be the day!

  25. JBL JBL

    Hahaha! Globalization in play

    It’s the ‘powers that be’ toying goyo with little asian countries,

  26. olan olan

    Obviously, any country who supports us will do so based on their national interest as we do. But there are others who will help. We should realize our own shortcomings ending in neglect and a dysfunctional government. We let it happen! We let these guys from cory’s time to date run our affair without check and balance. The biggest sin and left us defenseless internally and externally! When we became United as a people with discipline and patriotism that would be the day!!!

  27. saxnviolins saxnviolins

    They are screwing each other. So they are not likely to go to war, since the activity is so much fun.

    Below is evidence of the amorous entanglement.

    cnbc.com/id/100385364

    That news item shows that Chevron was given permission by China to drill.(Laliman mo pa baby; ang oil exploration.)

    Ito pa.

    Talisman Energy Inc., a partner of state-owned Vietnam Oil & Gas Group, aims to begin drilling next year in a block that China had already awarded to a U.S. rival and protected with gunboats. Talisman’s blocks 133 and 134, about 300 kilometers (186 miles) from Vietnam, are known as WAB-21 in China, which awarded them in 1992 to Crestone Energy Corp. Crestone is now owned by Houston-based Harvest Natural Resources Inc.

    bloomberg.com/news/articles/2011-11-10/oil-riches-languish-on-china-doorstep-as-clashes-delay-drilling

    China’s gunboats are protecting the Americans (the corporations), not attacking them (Americans).

    Like Professor Armas said in the UP School of Econnomics, more wars are decided in Wall Street than in the Pentagon.

  28. Ana Duran Ana Duran

    No more patrotism,…. it’s alway all about
    Benjamins….

Leave a Reply